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DLM293093

1993

Child Support Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Child Support Amendment Act 1993, and shall be read together with and deemed part of the Child Support Act 1991 2: This Act shall be deemed to have come into force on the 18th day of December 1991. 2: Custodian in receipt of social security benefit must apply for formula assessment This section substituted s 9(3) 3: Automatic applications for formula assessment in respect of existing liable parent contributors This section amended s 261 4: Saving Nothing in this Act shall affect the rights of the parties under any judgment given in any Court before the passing of this Act, or under any judgment given on appeal from any such judgment, whether the appeal is commenced before or after the passing of this Act.

DLM327425

1993

Charitable Trusts Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Charitable Trusts Amendment Act 1993, and shall be read together with and deemed part of the Charitable Trusts Act 1957 2: This Act shall come into force on the 1st day of July 1994. 2: New sections substituted This section substituted sections 24 25 3: Distribution of surplus assets This section substituted s 27 4: Transitional provisions applying to liquidation of Boards Section 4 repealed 5 December 2013 section 14 Companies Amendment Act 2013

DLM327434

1993

Corporations (Investigation and Management) Amendment Act 1993

1: Short title and commencement 1: This Act may be cited as the Corporations (Investigation and Management) Amendment Act 1993, and shall be read together with and deemed part of the Corporations (Investigation and Management) Act 1989 principal Act 2: This Act shall come into force on the 1st day of July 1994. 2: 3: 4: 5: Application of certain provisions of Companies Act 1993 This section substituted s 55 6: Transitional provisions Nothing in section 5 a: A corporation that was subject to statutory management under the principal Act immediately before the commencement of this Act: b: Any transaction entered into by a corporation or anything done by any person before the commencement of this Act— and, in any such case, sections 308 subsection (1)(d) Companies Act 1955 c: The corporation were a company that was being wound up under the Companies Act 1955 d: The statutory manager of the corporation was the liquidator of the company; and e: The date on which the corporation became subject to statutory management was the date of the commencement of the winding up. 7: 8: 9:

DLM327492

1993

Companies Reregistration Act 1993

1: Short Title and commencement 1: This Act may be cited as the Companies Reregistration Act 1993. 2: This Act shall come into force on 1 July 1994. 2: Interpretation 1: In this Act, unless the context otherwise requires,— application for reregistration director a: any person occupying the position of director by whatever name called; and b: a person in accordance with whose directions or instructions the persons occupying the position of directors of the company are accustomed to act existing company Part 2 or Part 8 or Companies Act 1933 Companies Act 1908 Companies Act 1903 Companies Act 1882 Joint Stock Companies Act 1860 member specified person a: a member of the company who is not entitled to exercise voting rights in relation to a proposed application to reregister the company: b: a secured creditor of the company: c: the holder of an option to acquire a share in the share capital of the company: d: the holder of a security that is convertible into a share in the share capital of the company transition period section 10 2: Terms or expressions that are not defined in this Act, but that are defined in the Companies Act 1993 3: Terms or expressions that are not defined in this Act or the Companies Act 1993 Companies Act 1955 Section 2(1) existing company amended 1 July 1994 Companies Reregistration Amendment Act 1994 3: Existing companies to reregister under Companies Act 1993 1: Every existing company must apply for reregistration under the Companies Act 1993 2: Every application must be— a: made in accordance with this Act; and b: in the prescribed form; and c: delivered to the Registrar. 3: Without limiting subsection (2), every application must state— a: the name of the existing company; and b: the full names and residential addresses of the directors of the existing company at the date of the application; and c: the number of shares of the existing company, and the rights, privileges, limitations, and conditions attached to each of those shares, if they differ from those that, pursuant to section 36 d: the registered office of the existing company at the date of the application; and e: the proposed address for service of the existing company on its reregistration. 4: An application for reregistration may be made only in accordance with this Act. 4: Reregistration following approval of application by members 1: Subject to this Act, the board of an existing company may make an application for reregistration if, before doing so,— a: the board has resolved— i: to submit a proposed application to reregister the company to the members of the company; and ii: that, in its opinion, the proposed application will not unfairly prejudice and will not unfairly discriminate against any member; and b: the directors who voted in favour of a resolution referred to in subparagraph (ii) of paragraph (a) have signed a certificate that, in their opinion, the condition set out in that subparagraph is satisfied; and c: the proposed application has been approved,— i: in the case of a company having a share capital, by a special resolution of the members of each class of shares in the company: ii: in the case of a company not having a share capital, by a special resolution of the members of the company. 2: The proposed application must have annexed to it or be accompanied by— a: a notice in the prescribed form; and b: a copy of the certificate referred to in subsection (1)(b). 3: For the purposes of this section, the calling of, and procedure at, a meeting of members or a class of members shall,— a: if the articles of the company make provision for the calling of, and procedure at, such a meeting, be in accordance with the articles: b: if the articles do not so provide, be in accordance with the provisions of the Companies Act 1955 4: Where the proposed application is approved by the members of the company, the board must send to every specified person, not later than 10 working days after the resolution is passed,— a: a copy of the proposed application as so approved; and b: a notice in the prescribed form. 5: The notice must specify the date on which it is proposed to make the application for reregistration. That date must not be less than 20 working days after the date on which the notice is sent. 6: An application for reregistration must not be made— a: at any time before the expiration of 20 working days after the proposed application has been approved by the members of the company; or b: if any documents have been sent to any person under subsection (4), at any time before the date stated in the notice as the date on which it is proposed to make the application; or c: subject to section 9(3) section 8 5: Reregistration where application not approved 1: Subject to this Act, where a proposed application for reregistration has not been approved by the members of an existing company under section 4 a: prepared a further application for reregistration in accordance with subsection (2); and b: sent to every member of the company— i: the form of application for reregistration which the board proposes to deliver to the Registrar; and ii: a notice in the prescribed form; and c: sent to every specified person— i: the form of application for reregistration which the board proposes to deliver to the Registrar; and ii: a notice in the prescribed form. 2: The proposed application must not alter the rights and obligations of the members of the existing company in relation to— a: voting at meetings of members: b: the appointment and removal of directors: c: preferential or fixed entitlements to distributions: d: liability to pay calls on shares: e: the distribution of surplus assets of the company— except to the extent that those rights and obligations would be affected by the Companies Act 1993 3: The notice must specify the date on which it is proposed to make the application for reregistration. That date must not be less than 20 working days after the date on which the notice is sent to the members or any specified persons, as the case may be. 4: An application for reregistration under this section must not be made— a: at any time before the date specified in the notice under subsection (3); or b: subject to section 9(3) section 8 6: Reregistration following approval by Board 1: Subject to this Act, the board of an existing company may make an application for reregistration if, before doing so, the board has resolved— a: to make the application; and b: that, in its opinion, reregistration will not alter the rights and obligations of the members of the company except to the extent that those rights and obligations would be affected by the Companies Act 1993 c: the directors who voted in favour of a resolution referred to in paragraph (b) have signed a certificate that, in their opinion, the condition set out in that paragraph is satisfied. 2: Before making the application for reregistration, the board of the company must send to— a: every member of the company— i: the form of application for reregistration which the board proposes to deliver to the Registrar; and ii: a copy of the certificate referred to in subsection (1) (c) iii: a notice in the prescribed form; and b: every specified person— i: the form of application for reregistration which the board proposes to deliver to the Registrar; and ii: a notice in the prescribed form. 3: The notice must specify the date on which it is proposed to make the application for reregistration. That date must not be less than 20 working days after the date on which the notices referred to in subsection (2) are sent by the company. 4: An application for reregistration must not be made— a: at any time before the date specified in the notice under subsection (3); or b: subject to section 9(3) section 8 Section 6(2)(a)(ii) amended 1 July 1994 Companies Reregistration Amendment Act 1994 7: Application with unanimous consent of members 1: Subject to this Act, the board of an existing company may make an application for reregistration if, before doing so,— a: every member of the company has consented in writing to the making of the application; and b: the board has sent to every specified person— i: the form of application for reregistration which the board proposes to deliver to the Registrar; and ii: a notice in the prescribed form. 2: The notice must specify the date on which it is proposed to make the application for reregistration. That date must not be less than 20 working days after the date on which the notice is sent by the company. 3: An application for reregistration may not be made— a: at any time before the date specified in the notice referred to in subsection (2); or b: subject to section 9(3) section 8 8: Application to prohibit reregistration 1: The following persons may apply to the court for an order prohibiting a company from making an application for reregistration under this Act: a: where a proposed application for reregistration has been approved by the members of the company in accordance with section 4 i: any member of the company who— A: did not receive a notice of a meeting which that member was entitled to attend held for the purpose of determining whether to approve the proposed application to reregister the company; or B: attended a meeting held for the purposes of determining whether to approve the proposed application to reregister the company and cast all the votes attached to shares registered in that member's name and having the same beneficial owner against approval of the proposed application: ii: any specified person who— A: did not receive the documents referred to in section 4(4) B: having received those documents, considers that the proposed application to reregister the company will prejudice the rights of that person as a specified person: b: where an application for reregistration has been prepared by the board of the company in accordance with section 5 i: any member of the company who— A: did not receive the documents referred to in subsection (1) of that section; or B: having received those documents, considers that the proposed application to reregister the company does not comply with subsection (2) of that section: ii: any specified person who— A: did not receive the documents referred to in subsection (1) of that section; or B: having received those documents, considers that the proposed application to reregister the company will prejudice the rights of that person as a specified person: c: where the board of a company has resolved to make an application for reregistration in accordance with section 6 i: any member of the company who— A: did not receive the documents referred to in subsection (2)(a) of that section; or B: having received those documents, considers that reregistration of the company will alter the rights and obligations of the members of the company other than except to the extent that those rights and obligations would be affected by the Companies Act 1993 ii: any specified person who— A: did not receive the documents referred to in subsection (2)(b) of that section; or B: having received those documents, considers that the reregistration of the company will prejudice the rights of that person as a specified person: d: where the making of an application for reregistration has been consented to in writing by the members of the company in accordance with section 7 i: did not receive the documents referred to in subsection (1)(b) of that section; or ii: having received those documents, considers that the reregistration of the company will prejudice the rights of that person as a specified person. 2: An application under subsection (1) must be filed in the court and served on the company,— a: where the application is made by a member of the company under subsection (1)(a)(i), before the date referred to in section 4(6)(a) b: in any other case, before the date referred to in the relevant notice served on the applicant as the date on which it is proposed to apply for reregistration of the company. 3: Any person referred to in subsection (1) may, with the leave of the court, apply to the court after the expiration of the period referred to in subsection (2) for an order— a: prohibiting the company from making the application for reregistration; or b: if the application has already been made but the company has not been reregistered, directing the Registrar not to reregister the company. 4: An application under subsection (3) must be filed in the court and served on the company or on the company and the Registrar, as the case may be. 5: The court may, if it thinks fit, direct that the following persons shall be served with notices of any application under this section and may appear and be represented at the hearing of the application: a: if the application is made by a member of the company, any specified person: b: if the application is made by a specified person, any member of the company: c: any other person whom the court is satisfied has a proper interest in the application. 6: Where an application has been made under subsection (3)(b), the court may make, as an interim order, an order directing the Registrar not to reregister the company. 9: Powers of court 1: On an application under section 8 a: in the case of an application under subsection (1)(a)(i) of that section, that reregistration of the company will unfairly prejudice or unfairly discriminate against that member; or b: in the case of an application under subsection (1)(b)(i) of that section, that the proposed application to reregister the company does not comply with section 5(2) c: in the case of an application under subsection (1)(c)(i) of that section, that reregistration of the company will alter the rights and obligations of the members of the company other than except to the extent that those rights and obligations would be affected by the Companies Act 1993 make an order— d: prohibiting the company from making the application for reregistration; or e: if the application has already been made but the company has not been reregistered, directing the Registrar not to reregister the company. 2: On an application under section 8 a: prohibiting the company from making the application for reregistration; or b: if the application has already been made but the company has not been reregistered, directing the Registrar not to reregister the company. 3: On or at any time after the making of an order under subsection (1) or subsection (2), the court may make any of the following orders: a: an order that the board of the company make the application for reregistration of the company subject to such amendments as the court directs: b: an order requiring the board of the company to make an application for reregistration of the company on such terms as the court thinks fit: c: an order that the company pay the whole or any part of the costs of the applicant: d: such other order as the court thinks fit. 10: Court may extend time for reregistration 1: The court may,— a: on the application of a director or member of an existing company; or b: where an application has been made to the court under section 8 make an order extending the time within which the company may apply for reregistration. 2: On an application under subsection (1)(a), an order may be made only if— a: the application for the order is made before the expiry of the transition period; and b: the court is satisfied that the company has taken all reasonable steps prior to and in connection with the making of an application for reregistration. 3: An order under this section may be made before or after the expiry of the transition period. 4: A copy of every order made under subsection (1) must be served on the Registrar by the company within 10 working days of the making of the order. 11: Reregistration 1: Subject to this Act, as soon as the Registrar receives a properly completed application for reregistration of an existing company under this Act, the Registrar must— a: enter on the New Zealand register the particulars of the company required under section 360 b: issue a certificate of reregistration 2: A certificate of reregistration of a company issued under this section is conclusive evidence that— a: all the requirements of this Act as to reregistration have been complied with; and b: on and from the date of reregistration stated in the certificate, the company is reregistered under the Companies Act 1993 Section 11(1)(b) amended 1 July 1994 Companies Reregistration Amendment Act 1994 12: Effect of reregistration 1: The reregistration of an existing company does not— a: create a new legal entity; or b: prejudice or affect the identity of the body corporate constituted by the company or its continuity as a legal entity; or c: affect the property, rights, or obligations of the company; or d: affect proceedings by or against the company. 2: Proceedings that could have been commenced or continued by or against the company before reregistration may be commenced or continued by or against the company after reregistration. 13: Companies that do not reregister 1: Subject to this section, a company that has not made an application for reregistration within the transition period is deemed to be reregistered under the Companies Act 1993 Schedule 2: Where an application has been made to the court under section 10 Companies Act 1993 Schedule a: if the application is refused, on the close of the date on which the court makes an order refusing the application: b: if the court makes an order extending the time within which the company may apply for reregistration and an application is not made before the close of any date specified in the order as the date by which the application must be made, on the close of that date. 3: Where the court, of its own motion under section 10 Companies Act 1993 Schedule 4: Where a company is deemed to be reregistered under this section, the Registrar shall, as soon as practicable, enter the name of the company on the New Zealand register. 13A: Reregistration of companies restored to register after dissolution or striking off 1: A company, the dissolution of which has, after the close of the transition period, been revoked under section 335A of the Companies Act 1955 section 42(3) of the Companies Amendment Act 1993 section 12(1) of the Companies Act 1955 Amendment Act 1997 Companies Act 1993 Schedule section 335A(8) of the Companies Act 1955 2: A company, the name of which has, after the close of the transition period, been restored to the register under section 336 of the Companies Act 1955 section 42(4) of the Companies Amendment Act 1993 section 12(2) of the Companies Act 1955 Amendment Act 1997 Companies Act 1993 Schedule section 336(7) of the Companies Act 1955 3: A company that, after the close of the transition period, is restored to the register under section 305 of the Companies Act 1955 section 3 section 2 Companies Act 1993 Schedule 4: Where a company is deemed to be reregistered under this section, the Registrar must, as soon as practicable, enter the name of the company on the New Zealand register. Section 13A inserted 30 June 1997 section 2(1) Companies Reregistration Amendment Act 1997 13B: Reregistration of companies that have ceased to be in liquidation 1: A company that, after the close of the transition period, ceases to be in liquidation under section 220 of the Companies Act 1955 section 3 section 2 Companies Act 1993 Schedule 2: Where a company is deemed to be reregistered under this section, the Registrar must, as soon as practicable, enter the name of the company on the New Zealand register. Section 13B inserted 30 June 1997 section 2(1) Companies Reregistration Amendment Act 1997 13C: Effect of adopted constitution on companies that are deemed to be reregistered If a company that is deemed to have been reregistered in accordance with section 13 section 13A section 13B Schedule Section 13C inserted 3 June 1998 section 2 Companies Reregistration Amendment Act 1998 14: Remedies for failure to reregister 1: Where a company is deemed to have been reregistered in accordance with section 13 or section 13A section 13B 2: On any application under this section, the court may, if it is satisfied that the applicant has been prejudiced as a result of the reregistration, make such order as it thinks fit, including, without limiting the generality of this subsection, an order— a: requiring the company or any other person to acquire the applicant's shares; or b: requiring the company or any other person to pay compensation to the applicant; or c: regulating the future conduct of the company's affairs; or d: putting the company into liquidation. 3: An application under this section must be made within 2 years after the end of the transition period in relation to the company. 4: In making an order under subsection (2)(b), the court must have regard to— a: the extent of the loss or damage suffered by the applicant as a result of the company having been deemed to have been reregistered; and b: the extent to which the person against whom the order is sought was responsible for the failure of the company to make an application for reregistration to the Registrar. 5: The court must not put the company into liquidation if— a: it considers that the applicant has acted unreasonably in seeking to have the company put into liquidation; or b: the company resolves, prior to the hearing of the application, to adopt a constitution or to amend its constitution and the court is satisfied that under the constitution or the constitution as amended the applicant will no longer be prejudiced; or c: an order for the payment of compensation under subsection (2)(b) would adequately compensate the applicant. 6: If the court makes an order putting the company into liquidation, the liquidation shall be in accordance with the Companies Act 1955 Companies Act 1993 Companies Act 1955 7: No order may be made against the company under this section unless the company is a party to the proceedings in which the application is made. 8: In this section, the term member Section 14(1) amended 30 June 1997 section 2(2) Companies Reregistration Amendment Act 1997 15: Reduction of member's liability on reregistration 1: Where, by reason of the reregistration of an existing company, the liability of a member of the company,— a: in respect of any share held by that member prior to that reregistration; or b: in the case of an unlimited company or a company limited by guarantee, under an undertaking to contribute to the assets of the company in the event of its being wound up,— is cancelled or reduced, the cancellation or reduction of that liability shall, for the purposes of this section, be treated as a distribution of the amount by which that liability is reduced made to that person in his or her capacity as a shareholder in the company on its reregistration. 2: A distribution may be recovered from a shareholder if, immediately after reregistration, the company was unable to pay its debts, including contingent debts, as they became due in the normal course of business unless,— a: on the reregistration of the company, the shareholder had no knowledge that the company was unable to so pay its debts; and b: the shareholder has altered the shareholder's position in reliance on the validity of the distribution; and c: it would be unfair to require repayment in full or at all. 3: A distribution may be recovered from a director, if immediately after reregistration, the company was unable to pay its debts, including contingent debts, as they became due in the normal course of business. 4: If, in an action against a shareholder under this section, the court is satisfied that the liability of that person could properly have been reduced by a lesser amount without resulting in the company being unable to pay its debts, the court may allow that person to retain an amount equal to the value of the distribution that could properly have been made. 5: If, in an action against a director under this section, the court is satisfied that there were reasonable grounds for believing that the liability of the shareholder could properly have been reduced by the amount of the distribution or a lesser amount without resulting in the company being unable to pay its debts, the court may relieve the director from liability in respect of that amount or lesser amount, as the case may be. 6: The amount that may be recovered from a director is limited to the amount that is not able to be recovered from a shareholder under subsection (2). 16: Service of documents 1: Section 391 2: Section 391 17: Offences 1: Every director of a company who,— a: having voted in favour of a resolution referred to in subsection (1)(a)(ii) of section 4 b: having voted in favour of a resolution referred to in paragraph (b) of subsection (1) of section 6 commits an offence and is liable on 2: Where a company fails to comply with section 10(4) 3: It is a defence to a director charged with an offence against subsection (2) if the director proves that— a: the company took all reasonable and proper steps to ensure that the requirements of section 10(4) b: he or she took all reasonable steps to ensure that the company complied with the requirements of that subsection; or c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of that subsection. Section 17(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 17(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 18: Regulations The Governor-General may, from time to time, by Order in Council, make regulations— a: prescribing fees payable to the Registrar on the making of applications for reregistration and fees may be set at different levels in respect of different periods during the transition period: b: providing for such other matters, not inconsistent with this Act, as are necessary for giving full effect to this Act and for its due administration.

DLM289861

1993

Reserves and Other Lands Disposal Act 1993

1: Short Title This Act may be cited as the Reserves and Other Lands Disposal Act 1993. 2: Ruakura Animal Research Station land Whereas the Crown land described in subsection (3) was, by Orders in Council made pursuant to section 10(1) Gazette section 114 1: Notwithstanding anything in section 10 a: the land described in paragraph (a) of subsection (3) may be set apart under section 52 section 10 b: the Minister of Agriculture may grant leases or licences in respect of any land described in paragraph (b) or paragraph (c) or paragraph (d) of subsection (3), for the purposes of agricultural research and other research that is compatible with the purposes for which the Ruakura Animal Research Station has been established; and c: the land described in paragraphs (e) and (f) of subsection (3), or any part of that land, may be declared to be road under section 114 2: Any lease or licence granted under subsection (1)(b) may be made subject to such terms and conditions as the Minister considers appropriate in each case. 3: This section relates to the following land: a: Allotment 413, Parish of Kirikiriroa, situated in the South Auckland Land District, comprising 3 996 square metres, more or less, as shown in NZMS 261, S 14, Sheet 5.3 (SO Plan 40234): b: Allotments 407, 408, 412, and 415, Parish of Kirikiriroa, situated in the South Auckland Land District, comprising 423.5035 hectares, more or less, as shown on NZMS 261, S 14, Sheets 5.3, 5.4, 6.3, and 6.4 (SO Plans 38164 and 40234): c: Allotments 316 and 318, Parish of Kirikiriroa, and Lots 2, 3, and 4, DP 9210, situated in the South Auckland Land District, comprising 8.4678 hectares, more or less, as shown in NZMS 261, S 14, Sheets 5.3 and 6.3 (SO Plan 38800): d: Allotment 291A and Part Allotment 291, Parish of Kirikiriroa, situated in the South Auckland Land District, comprising 21.6026 hectares, more or less, as shown on NZMS 261, S 14, Sheets 6.3 and 6.4 (SO Plan 143(1)): e: Part Allotment 407, Parish of Kirikiriroa, situated in the South Auckland Land District, comprising 280 square metres, more or less, as shown marked A f: Part Allotment 415, Parish of Kirikiriroa, situated in the South Auckland Land District, comprising 815 square metres, more or less, as shown marked B Section 2 preamble amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1)(a) amended 1 August 2020 section 668 Education and Training Act 2020 3: Pukeroa Domain Whereas section 18(2) section 18(2) Reserves Act 1977 1: Notwithstanding any other enactment, the Minister of Conservation may lease the land to which this section relates to the lessee for such term and on such conditions and for such purposes as the Minister thinks fit. 2: On the commencement of a lease under subsection (1), the lease granted to the lessee under section 18(2) 3: Notwithstanding paragraph (b) of the existing lease, nothing in that paragraph shall be read as requiring the lessee to remove any buildings. 4: Amendment(s) incorporated in the Act(s) 5: This section relates to all that piece of land comprising 2 529 square metres, more or less, being Section 15, Block LVIII, Town of Rotorua, situated in Block I, Tarawera Survey District, and being all the land comprised and described in certificate of title No 20D/123 (South Auckland Registry). 4: Urewera National Park Whereas the land to which this section relates is included in the Urewera National Park: And whereas the land has been developed to effect improvements to State Highway No 38 and is now part of that highway: And whereas it is desired to exclude the land from Urewera National Park: And whereas section 11(1) 1: The land to which this section relates is hereby excluded from the Urewera National Park. 2: This section relates to all that piece of land in the South Auckland Land District comprising 136 square metres, more or less, and being Part Section 5, Block XI, Ahikereru Survey District, as shown marked C 5: Land reserved for harbour purposes in Kaikoura Whereas, pursuant to section 15 of the Reserves and Crown Lands Disposal and Enabling Act 1896 Gazette Gazette Reserves Act 1977 1: The reservation imposed in respect of the land to which this section relates by virtue of section 15 of the Reserves and Crown Lands Disposal and Enabling Act 1896 2: The cancellation of the vesting of the land in the Board, the exchange of the land, and the issuing of certificate of title No 4B/280 in respect of the land are hereby validated and declared always to have been lawful. 3: The land to which this section relates is all that piece of land comprising 8.153 hectares, more or less, being Section 47, Block XI, Mount Fyffe Survey District, and being all the land comprised and described in certificate of title No 4B/280, Marlborough Registry. 6: Marlborough Sounds foreshore Whereas section 7 Reserves Act 1977 Land Act 1948 (1)–(5): Amendment(s) incorporated in the Act(s) 6: Notwithstanding anything in section 7 a: every licence that purported to be issued under that section during the period commencing on 1 April 1987 and ending with the commencement of this Act, being a licence issued by or on behalf of the Minister of Lands or the Minister of Conservation or the Director-General of Conservation, is hereby declared to be and always to have been lawful: b: every amendment, variation, cancellation, or renewal of a licence that purported to be issued under that section by or on behalf of either of those Ministers or that Director-General, being an amendment, variation, cancellation, or renewal effected during the period specified in paragraph (a) and being a licence issued at any time before the commencement of this Act, is hereby declared to be and always to have been lawful: c: all fees, rentals, and other amounts collected during the period specified in paragraph (a), and collected in respect of any licence referred to in that paragraph, are hereby declared to be and always to have been lawfully payable and lawfully collected. 7: The holder of a licence referred to in subsection (6)(a) shall not be liable to pay any fee, rental, or other amount— a: charged in respect of that licence and the period specified in the said subsection (6)(a); but b: not paid before the commencement of this Act. 7: Westland National Park Whereas the land to which this section relates is included in the Westland National Park: And whereas part of the land, being the land described in paragraph (a) of subsection (2), has been developed for roading purposes at the approaches to Kiwi Jacks (Hendes) Creek Bridge: And whereas part of the land, being the land described in paragraph (b) of that subsection, has been developed for roading purposes at the approaches to the McDonalds Creek Bridge: And whereas the remainder of the land, being the land described in paragraphs (c), (d), and (e) of that subsection, is presently used for farming: And whereas it is desired to exclude the land from the 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— a: comprising 8 565 square metres, more or less, being Parts Reserve 1018, situated in Block X, Waiho Survey District, and being parts of the land comprised and described in the Gazette A B C b: comprising 1.5719 hectares, more or less, being Parts Reserve 1198, situated in Block IV, Waiho Survey District, and being parts of the land comprised and described in the Gazette B C E G I c: comprising 5.7897 hectares, more or less, being Rural Section 6711 (formerly Part Reserve 1198), situated in Block IV, Waiho Survey District, and being part of the land comprised and described in the Gazette d: comprising 6.2361 hectares, more or less, being Rural Section 6650 (formerly Part Reserve 1018), situated in Block X, Waiho Survey District, and being part of the land comprised and described in the Gazette e: comprising 4.6606 hectares, more or less, being Rural Section 6712 (formerly Part Reserve 1224), situated in Block XVI, Okarito Survey District, and being part of the land comprised and described in the Gazette 8: Fiordland National Park Whereas the land to which this section relates is included in the Fiordland National Park: And whereas part of the land, being the land described in paragraphs (a) and (b) of subsection (2), is situated adjacent to Fraser's Beach on the foreshore of Lake Manapouri and it is desired that the said part be amalgamated with other areas to form a recreation reserve: And whereas the other part of the land, being the land described in paragraphs (c) and (d) of that subsection, is a ranger station situated at Clifden and is no longer required for the purposes of the park: And whereas section 11(1) 1: The land to which this section relates is hereby excluded from the Fiordland National Park. 2: This section relates to all those pieces of land in the Southland Land District— a: comprising 3.4145 hectares, more or less, being Section 25, Block IX, Town of Manapouri, being part of the land comprised and described in the Schedule b: comprising 2.6052 hectares, more or less, being Section 2, Block X, Town of Manapouri, and being part of the land comprised and described in the said schedule (SO Plan 4912); and c: comprising 5 236 square metres, more or less, being Section 28, Block I, Lillburn Survey District, and being part of the land comprised and described in the said schedule (SO Plan 7259); and d: comprising 2 504 square metres, more or less, being Section 31, Block I, Lillburn Survey District, and being part of the land comprised and described in the said schedule (SO Plan 7505). 9: Mount Aspiring National Park Whereas the land to which this section relates is included in the Mount Aspiring National Park: And whereas it is desired to exclude the land from the Park to provide for it to be dealt with under the Land Act 1948 section 11(1) 1: The land to which this section relates is hereby excluded from the Mount Aspiring National Park. 2: The land to which this section relates is hereby declared to be Crown land subject to the Land Act 1948 3: This section relates to all that piece of land in the Queenstown Lakes District, Otago Land District, comprising 11.7200 hectares, more or less, being Parts Blocks I and XII and Part Reserve A, Block XII, Dart Survey District, and being part of the land comprised and described in the Gazette Gazette A 10: Otago University endowment lands Whereas this section relates to 5 pieces of land vested in the University of Otago as endowments: And whereas it is desired to vest the first and second pieces of land in the Crown subject to the Land Act 1948 1: The pieces of land described in paragraph (a) and (b) of subsection (7) are hereby vested in the Crown and declared to be Crown land subject to the Land Act 1948 2: The University of Otago may grant a right of way in favour of the Crown over the land described in paragraph (c) of subsection (7). 3: The land described in paragraph (d) of subsection (7) shall be deemed to have been sold pursuant to section 16 section 9 section 113 4: The land described in paragraph (e) of subsection (7) is hereby— a: freed and discharged from the provisions of the University of Otago Endowment Ordinance 1870; and b: vested in the University of Otago for an estate in fee simple as an endowment for the benefit of the University. 5: The University of Otago may sell the land described in paragraph (e) of subsection (7) or any part thereof, and the proceeds of any sale shall be applied in accordance with section 304 6: The land to which this section relates is hereby released from the endowment for which it was vested in the University of Otago by the University of Otago Endowment Ordinance 1870 (Province of Otago). 7: This section relates to all that land,— a: comprising 56.9970 hectares, more or less, being Section 1, Block VIII, Benmore Survey District, and being part of the land comprised and described in certificate of title, Volume 223, folio 10 (Otago Registry); and b: comprising 64.020 hectares, more or less, being Section 1, Block XI, Benmore Survey District, and being part of the land comprised and described in certificate of title, Volume 223, folio 10 (Otago Registry); and c: comprising 970 square metres, more or less, being Part Run 552, Benmore Survey District, and being part of the land comprised and described in certificate of title, Volume 223, folio 10 (Otago Registry) (as shown marked A d: comprising 2.8862 hectares, more or less, being Section 1, SO Plan 11949, situated in Block XVI, Benmore Survey District, and being part of the land comprised and described in certificate of title No A1/1022 (Otago Registry); and e: comprising 8.7007 hectares, more or less, being Section 24, Block VI, Nenthorn Survey District, being Part Deeds Index L 656 (Otago Registry), and being part of the land comprised and described in the University of Otago Endowment Ordinance 1870 (SO Plan 1253). Section 10(5) amended 1 August 2020 section 668 Education and Training Act 2020 11: Abel Tasman National Park Whereas the land to which this section relates is included in the Abel Tasman National Park: And whereas it is desired to exclude the land from the Park to facilitate its exchange for other land: And whereas the land does not have national values that justify its inclusion in the Park: And whereas the land to be taken in exchange is covered by native forest: And whereas section 11(1) 1: The land to which this section relates is hereby excluded from the Abel Tasman National Park. 2: This section relates to all that land comprising 1 944 square metres, more or less, being Sections 1, 2, and 3 on SO Plan 14060, situated in Block IV, Kaiteriteri Survey District, and being all the land comprised and described in certificate of title No 8C/648, Nelson Registry. 12: Pukaki Lagoon Whereas the land to which this section relates is vested in the Manukau City Council: And whereas the Waitangi Tribunal, in its Manukau Harbour Report of 19 July 1985, recommended that the land should be acquired by the Crown and gazetted as a Maori Reservation for the Ngati Te Akitai and Waiohua: And whereas the Manukau City Council desires to transfer the land without consideration to the local Maori community but lacks the legislative authority necessary to enable it to do so: And whereas the land is subject to the Harbour Boards Dry Land Endowment Revesting Act 1991 section 5 1: Notwithstanding anything in the Local Government Act 1974 Harbour Boards Dry Land Endowment Revesting Act 1991 section 9 2: Nothing in section 5 3: Amendment(s) incorporated in the Act(s) 4: The land to which this section relates is all that land— a: comprising 36.3002 hectares, more or less, being Section 1, Block IX, Otahuhu Survey District, and being all the land comprised and described in certificate of title, Volume 408, folio 119 (North Auckland Registry); and b: comprising 3 195 square metres, more or less, being Allotment 219, Parish of Manurewa, and being all the land comprised and described in certificate of title, Volume 417, folio 196 (North Auckland Registry). 13: Te Ngae Mission Farm Whereas the New Zealand Mission Trust Board is registered as the proprietor of the land described in paragraphs (a) and (b) of subsection (8): And whereas the Waiapu Board of Diocesan Trustees is registered as proprietor of the land described in paragraph (c) of that subsection: And whereas those pieces of land are held in trust by virtue of Crown Grant No 49R dated 21 September 1854: And whereas the Waitangi Tribunal, in its Ngati Rangiteaorere Claim Report of 18 December 1990, recommended that the land to which this section relates be acquired by the Crown and vested in Ngati Rangiteaorere as Maori freehold land freed from existing trusts: And whereas the said Boards desire to transfer those lands to various persons as trustees subject to the same trust: And whereas it is desired to empower the registered proprietor for the time being of any of those pieces of land to transfer the land to Rangiteaorere (male deceased): And whereas it is further desired that such lands be held as Maori freehold land for the general benefit of the descendants of Rangiteaorere: And whereas special legislation is necessary to enable such transfers to be effected and to achieve those purposes: Be it therefore enacted as follows: 1: The registered proprietor for the time being of any piece of land described in subsection (8) may transfer to Rangiteaorere (male deceased) the whole or any part of that land. 2: Such transfers— a: b: shall not be liable for any fee or charge under the Land Transfer Act 1952 3: Upon the registration of any such transfer— a: the land to which the transfer applies shall be deemed to be Maori freehold land and the District Land Registrar shall record a statement to that effect on the certificate of title in respect of the land; and b: the land shall be free of the trusts formerly applying to the land and any restrictions thereunder. 4: For the purposes of this section, the Maori Land Court is hereby authorised and empowered to appoint trustees and constitute trusts in accordance with section 438 of the Maori Affairs Act 1953 5: The trustees may from time to time at their discretion execute a declaration of trust declaring that they shall stand possessed of any of the Trust property and any other property settled by negotiation, whether real or personal, upon trust for such purposes referred to in sections 24 to 24F 6: For the purposes of this section, the trustees shall have and may exercise all or any of the powers of a Maori Trust Board under sections 24 to 24F 7: The provisions of this section shall have effect notwithstanding anything in any other enactment or rule of law. 8: This section relates to the following land: a: all that land comprising 123.3267 hectares, more or less, situated in Block XIV, Rotoiti Survey District, and being the balance of the land comprised and described in certificate of title, Volume 778, folio 158, limited as to parcels (South Auckland Registry): b: all that land comprising 407 square metres, more or less, being Section 9, Block XIV, Rotoiti Survey District, and being all the land comprised and described in certificate of title No 25C/1144 (South Auckland Registry): c: all that land comprising 24.12685 hectares, more or less, being part Section 3, Block XIV, Rotoiti Survey District, and being the balance of the land comprised and described in certificate of title, Volume 285, folio 145 (South Auckland Registry). Section 13(2)(a) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 14: Entries in registers District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do such other things, as may be necessary to give full effect to the provisions of this Act.

DLM328343

1993

Southland Electricity Act 1993

1: Short Title and commencement 1: This Act may be cited as the Southland Electricity Act 1993. 2: Except as provided in subsection (3), this Act shall come into force on the day after the date on which it receives the Royal assent. 3: Sections 32 34 35 36 4: A date may be appointed under subsection (3) to bring sections 32 34 35 5: Section 1(3) brought into force 30 June 1994 Southland Electricity Act Commencement Order 1994 Section 1(3) brought into force 20 March 1998 Southland Electricity Act Commencement Order 1998 Section 1(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 1(5) repealed 1 April 2005 section YA 2 Income Tax Act 2004 2: Interpretation 1: In this Act, unless the context otherwise requires,— agreement assets a: any estate or interest in any land, including all rights of occupation of land or buildings: b: all buildings, vehicles, plant, equipment, and machinery, and any rights therein: c: all livestock, products from livestock, and crops: d: all securities within the meaning of the Securities Act 1978 e: all rights of any kind, including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights: f: all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law: g: goodwill, and any business undertaking: h: all natural gas, petroleum, and other hydrocarbons board company Companies Act 1955 Crown designated Minister District Land Registrar Land Transfer Act 1952 liabilities a: liabilities and obligations under any Act or agreement; and b: deposits and other debt securities within the meaning of the Securities Act 1978 c: contingent liabilities rights rules shareholding Ministers sitting day statement of intent Public Finance Act 1989 subsidiary section 158 of the Companies Act 1955 transfer a: assign and convey; and b: vest by Order in Council or notice in the Gazette c: confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and d: grant leases, rights, and interests in any real or personal property; and e: in the case of liabilities, the assumption thereof by the company. 2: In this Act, a reference to transfer authorise grant 3: For the purposes of this Act, to hold a controlling interest in the company means to hold at least 50% of the ordinary shares in the capital of the company. 1986 No 124 s 29 1991 No 69 s 362 1992 No 27 s 10 3: Act to bind the Crown This Act binds the Crown. 1: Principles 4: Principal objective of company 1: The principal objective of the company shall be to operate as a successful business and, to this end, to be— a: as profitable and efficient as comparable businesses that are not owned by the Crown; and b: a good employer; and c: an organisation that exhibits a sense of social responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage these when able to do so. 2: In seeking to attain its principal objective, the company shall have regard, among other things, to the desirability of ensuring the efficient use of energy. 3: For the purposes of this section, a good employer a: good and safe working conditions; and b: an equal employment opportunities programme; and c: the impartial selection of suitably qualified persons for appointment; and d: opportunities for the enhancement of the abilities of individual employees. 1986 No 124 s 4 1992 No 56 s 36(2) 5: Responsibility of Ministers The shareholding Ministers of the company shall be responsible to the House of Representatives for the performance of the functions given to them by this Act or the rules. 1986 No 124 s 6 6: Directors and their role 1: The directors of the company shall be persons who, in the opinion of those appointing them, will assist the company to achieve its principal objective. 2: All decisions relating to the operation of the company shall be made by or pursuant to the authority of the board of the company in accordance with its statement of intent. 3: The board of the company shall be accountable to the shareholding Ministers in the manner set out in this Act and in the rules. 1986 No 124 s 5 7: Non-commercial activities Where the Crown wishes the company to provide goods or services to any persons, the Crown and the company shall enter into an agreement under which the company will provide the goods or services in return for the payment by the Crown of the whole or part of the price of the goods or services. 1986 No 124 s 7 8: Collective agreements Before entering into any collective agreement under the Employment Relations Act 2000 Section 8 substituted 2 October 2000 section 240 Employment Relations Act 2000 9: Saving of certain transactions Failure by the company to comply with any provision contained in this Part shall not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the company. 1986 No 124 s 21 2: Acquisition by the Crown of shares in the company 10: Acquisition by the Crown of shares in company 1: The Minister of Finance and the designated Minister may, on behalf of the Crown, subscribe for or otherwise acquire shares in the capital of the company. 2: The number of shares in the capital of the company held by each shareholding Minister shall be the same. 1986 No 124 s 10 1987 No 117 s 3 11: Application of Companies Act 1955 In the application of the Companies Act 1955 a: section 41 b: section 211(4)(c) Section 11 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 12: Shareholding Ministers may subscribe for additional shares Subject to subsection (2) of section 10 1992 No 76 s 11 13: Payment for shares Any money required to be paid by a shareholding Minister on subscribing for or otherwise acquiring shares in the capital of the company shall be paid out of money appropriated by Parliament for the purpose. 1986 No 124 s 10(3) 1987 No 117 s 3 14: Further provisions relating to Ministers' shareholding 1: Shares in the capital of the company held in the name of a person described as the Minister of Finance or the designated Minister shall be held by the person for the time being holding the office of Minister of Finance or designated Minister, as the case may be. 2: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of shares of the kind referred to in subsection (1) consequent on a change in the person holding the office of Minister of Finance or designated Minister, as the case may be. 3: Each shareholding Minister may exercise all the rights and powers attaching to the shares in the company held by that Minister. 4: A shareholding Minister may at any time or times, by written notice to the secretary of the company, authorise (on such terms and conditions as are specified in the notice) such person as the Minister thinks fit to act as the Minister's representative at any or all of the meetings of shareholders of the company or of any class of such shareholders, and any person so authorised shall be entitled to exercise the same powers on behalf of the Minister as the Minister could exercise if present at the meeting or meetings. 1986 No 124 s 22 15: Shareholding Ministers may determine dividend 1: Notwithstanding any other provision of this Act or the rules of the company, the shareholding Ministers may, by written notice to the board, determine the amount of dividend payable by the company, and the board shall comply with the notice. 2: Before giving a notice under this section, the shareholding Ministers shall— a: have regard to Part 1 b: consult the board as to the matter to be referred to in the notice. 3: Within 12 sitting days after a notice is given to the board pursuant to this section, the designated Minister shall lay a copy of the notice before the House of Representatives. 4: The power conferred by subsection (1) may be exercised only where all the shares in the capital of the company are held by the shareholding Ministers. 1986 No 124 s 13 3: Transfer of assets to the company 16: Transfer of Crown assets and liabilities to company 1: Notwithstanding any Act, rule of law, or agreement, the shareholding Ministers may, on behalf of the Crown, do any 1 or more of the following: a: transfer to the company assets and liabilities of the Crown: b: authorise the company to act on behalf of the Crown in providing goods or services, or in managing assets or liabilities of the Crown: c: grant to the company leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown— for such consideration, and on such terms and conditions, as the shareholding Ministers may agree with the company. 2: Nothing in this section applies to any assets or liabilities of the Crown other than assets or liabilities that form part of— a: the undertaking referred to in section 9 of the Southland Electric Power Supply Act 1936 b: any extension of that undertaking. 3: The designated Minister shall lay before the House of Representatives any contract or other document entered into pursuant to subsection (1) within 12 sitting days after the date of that contract or document. 1986 No 124 s 23(1), (2) 1987 No 117 s 6(1) 17: Assets relating to land and interests in land may be transferred separately 1: Assets that are fixed to, or are under or over, any land may be transferred to the company pursuant to this Act whether or not any interest in the land is also transferred. 2: Where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership. 1986 No 124 s 23(3) 18: Further provisions relating to transfer of assets and liabilities 1: Any asset or liability of the Crown may be transferred to the company pursuant to this Act whether or not any Act or agreement or rule of law relating to the asset or liability permits such transfer or requires any consent to such a transfer. 2: Where a transfer of the kind described in subsection (1) takes place,— a: the transfer shall not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown, or the company, under any Act or agreement: b: where the transfer is registrable, the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for this purpose by the designated Minister: c: the laying before the House of Representatives of any contract or other document relating to the transfer shall be deemed to be notice of the transfer, and any third party shall after the date of such contract or document deal with the company in place of the Crown: d: the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the company in respect of any liability to any third party: e: any satisfaction or performance by the company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown: f: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the company shall be deemed to be also to the benefit of the Crown. 3: No provision in any agreement limiting the Crown's right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, shall have any application or effect in respect of any agreement or transfer entered into or effected pursuant to or under this Act or pursuant to such an agreement or transfer. 1986 No 124 s 23(4)–(6) 1990 No 23 s 3 19: Provisions relating to transfer of land 1: Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 Land Transfer Act 1952 a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and b: vest in the company— i: pursuant to and on a date specified in an Order in Council made for the purposes of this section; or ii: pursuant to and on a date specified in a notice in the Gazette 2: Every notice given under subsection (1)(b)(ii) may be given on such terms and conditions as the shareholding Ministers or a person authorised in writing by those Ministers, as the case may be, thinks fit, and shall have effect according to its tenor. 3: Notwithstanding any other provision of this Act, no land that is subject to a lease or licence pursuant to section 66 section 66AA section 16(1)(a) 4: Subject to subsection (5), but notwithstanding any other provision of this Act, no land for the time being held, managed, or administered under the Conservation Act 1987 Schedule 1 section 16(1)(a) 5: Nothing in subsection (4) prevents the granting, to the company, of a licence to occupy any land to which that subsection applies if the Minister of Conservation consents to the granting of that licence. 6: All land that is subject to the Land Act 1948 Forests Act 1949 7: Nothing in this Act or in any transfer of land to the company pursuant to this Act shall derogate from the provisions of section 10 section 11 1986 No 124 s 24 1987 No 117 s 7(1), (2) 1990 No 31 s 37 1991 No 70 s 121 1992 No 27 s 5 20: Modification of provisions of Public Works Act 1981 1: This section applies to the transfer of land or an interest in land to the company pursuant to this Act. 2: Nothing in sections 40 to 42 sections 40 41 3: If, in relation to land or an interest in land that has been transferred to the company (being a transfer to which this section applies), an offer made under subsection (2) of section 40 a: within 40 working days after the making of the offer or such further period as the chief executive of the department within the meaning of section 2 of the Survey Act 1986 b: if an application has been made pursuant to subsection (2A) of that section to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal,— whichever is later, and the parties have not agreed on other terms for the sale of the land or interest, the company may sell or otherwise dispose of the land or interest to any person on such terms and conditions as it thinks fit. 4: For the purposes of subsection (3), the term working day section 2 1990 No 52 s 9(4) Section 20(3)(a) amended 1 July 1996 Survey Amendment Act 1996 21: Obligation to lodge caveat 1: Where land or an interest in land is transferred to the company pursuant to this Act, the Crown shall, for the purpose of protecting the rights of persons from whom that land or interest was acquired and their successors to have that land or interest offered to them under section 40(2) Land Transfer Act 1952 2: For the purposes of this section, the rights of persons from whom the land or an interest in land was acquired and their successors to have that land or interest offered to them under section 40(2) section 137 3: In stating, in a caveat lodged pursuant to subsection (1), the interest claimed by the caveator, it shall be sufficient, for the purposes of section 138 sections 40 to 42 1974 No 66 s 594ZG 1989 No 29 s 34(1) 22: Transfer of land not to constitute a subdivision or development Nothing in section 11 Part 10 23: Uses deemed to be permitted activity Where any land is transferred to the company pursuant to this Act, the use of that land which is established at the date of the transfer shall be deemed to be a permitted activity under the Resource Management Act 1991 1974 No 66 s 594ZN 1989 No 29 s 34(1) 1991 No 69 s 362 24: Title to land 1: A District Land Registrar shall, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee,— a: register the company as the proprietor, in substitution for the Crown, of the estate or the interest of the Crown in any land that is incorporated in the register or otherwise registered in the Land Registry Office of the land registration district concerned and that is transferred to the company pursuant to this Act; and b: 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 section. 2: The powers conferred by subsection (1) may be exercised in respect of an estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or has been determined. 3: A District Land Registrar shall, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee, issue a certificate of title for land vested in the company pursuant to section 19(1) form 1 4: As soon as registration is accomplished in accordance with subsection (1) or a certificate of title is issued in accordance with subsection (3), the company shall, except where the interest acquired is either an easement in gross or an estate as lessee or mortgagee, be deemed to be seized of an estate in fee simple in possession in respect of that land. 5: Applications in accordance with subsections (1) and (3) shall specify the name of the company and the date of the agreement, together with a description of the land sufficient to identify it and, in the case of applications under subsection (3), a certificate by the Chief Surveyor for the district concerned as to the correctness of such description. 1986 No 124 s 25 1989 No 57 s 2 25: Land certification 1: Before a District Land Registrar issues a certificate of title in respect of any land vested in the company pursuant to section 19(1) Director-General within the meaning of section 2 of the Survey Act 1986 Schedule 2 2: A certificate in accordance with subsection (1) shall be filed by the District Land Registrar in the Land Registry Office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in that certificate. 1986 No 124 s 26 1987 No 117 s 8 1989 No 57 s 3(1), (2) Section 25(1) amended 1 July 1996 Survey Amendment Act 1996 26: Certification of easements 1: Where land is vested in the company pursuant to section 19(1) Land Transfer Act 1952 Director-General within the meaning of section 2 of the Survey Act 1986 section 25(1) 2: The District Land Registrar shall enter a memorial of the easement upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement. 3: Where a memorial of an easement is entered upon the relevant certificate of title under subsection (2), the easement shall be treated for all purposes including all subsequent dealings as if it had been created under the Land Transfer Act 1952 1986 No 124 s 26A 1992 No 27 s 6 Section 26(1) amended 1 July 1996 Survey Amendment Act 1996 27: Orders in Council relating to transfer of assets and liabilities 1: For the purpose of facilitating the transfer of assets and liabilities to the company pursuant to this Act, the Governor-General may from time to time, by Order in Council, do any 1 or more of the following: a: vest in or impose on the company any asset or liability (other than land to which section 19(1) b: vest land in the company for the purposes of section 19(1) c: declare that a reference to the Crown or a Minister, officer, employee, department, or instrument of the Crown in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to the company: d: declare that the company shall assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instrument of the Crown in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that the company has agreed to assume: e: declare, in respect of any assets or liabilities transferred to the company pursuant to this Act, that the company shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the Crown to the company: f: declare that any Order in Council made under this section shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person: g: direct any authority or other person to register or record any such vesting or declaration. 2: Every Order in Council made under this section may be made on such terms and conditions as the Governor-General thinks fit, and shall have effect according to its tenor. 1986 No 124 s 28 1991 No 69 s 362 28: Relationship with other enactments 1: This Part shall have effect, and assets and liabilities may be transferred pursuant to this Act, notwithstanding any restriction, prohibition, or other provision contained in any Act, rule of law, or agreement that would otherwise apply. 2: Nothing in this Act shall limit any powers or rights that the Crown or a Minister has other than pursuant to this Act. 1986 No 124 s 29(3), (4) 4: Miscellaneous provisions 29: Half-yearly reports 1: In addition to the obligations of the company under the Public Finance Act 1989 2: Within 12 sitting days after a half-yearly report is given to the designated Minister pursuant to this section, the designated Minister shall lay a copy of the report before the House of Representatives. 1986 No 124 s 16 30: Auditor-General 1: Subject to subsections (3) and (4), the Auditor-General sections 163 to 165 of the Companies Act 1955 Public Audit Act 2001 2: The company shall pay to the Auditor-General 3: Without limiting subsection (1) or subsection (2), the board may, after consultation with the Auditor-General 4: Upon a controlling interest in the company ceasing to be held by Ministers of the Crown on behalf of the Crown,— a: the Auditor-General b: the directors of the company and of every subsidiary of the company shall appoint an auditor or auditors of the company and of every subsidiary of the company, and every such appointment shall be deemed to have been made by the directors to fill a casual vacancy in the office of auditor under section 163(5) of the Companies Act 1955 5: Notwithstanding anything in subsection (4)(a), where, in respect of the company and its subsidiaries (if any), consolidated financial accounts have been submitted to the Auditor-General Auditor-General 1986 No 124 s 19 Section 30 heading amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(1) amended 1 July 2001 section 54(1)(a) Public Audit Act 2001 Section 30(2) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(3) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(4)(a) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(5) amended 1 July 2001 section 52 Public Audit Act 2001 31: Certain provisions not to apply if Crown ceases to hold controlling interest in company Upon a controlling interest in the company ceasing to be held by Ministers of the Crown on behalf of the Crown, sections 4 5 6(3) 7 8 29 32: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 33: Amendment to Income Tax Act 1976 Section 33 repealed 1 April 2005 section YA 2 Income Tax Act 2004 34: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 35: Amendment to Public Finance Act 1989 Amendment(s) incorporated in the Act(s) 36: Consequential amendments and repeals 1: The 2: The following enactments are hereby repealed: a: the Southland Electric Power Supply Act 1936 b: Amendment(s) incorporated in the Act(s) c: Amendment(s) incorporated in the Act(s) d: the State-Owned Enterprises Amendment Act (No 2) 1992 Section 36(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 37: Saving Notwithstanding the repeal, by section 36(2)(a) section 9 of that Act section 9 of the Southland Electric Power Supply Act 1936

DLM318887

1993

Cancer Registry Act 1993

1: Short Title and commencement 1: This Act may be cited as the Cancer Registry Act 1993. 2: This Act shall come into force on 1 July 1994. 2: Interpretation In this Act, unless the context otherwise requires,— cancer a: means a malignant growth of human tissue that, if unchecked,— i: is likely to spread to adjacent tissue or beyond its place of origin; and ii: may have the propensity to recur; and b: without limiting the generality of paragraph (a), includes carcinoma-in-situ, carcinoma, sarcoma (including Kaposi's sarcoma), any mixed tumour, leukaemia, any type of lymphoma, and melanoma; but c: does not include— i: any secondary or metastatic cancer, except where the primary cancer is not identified: ii: any type of cancer that is declared by regulations made under this Act to be a cancer to which this Act does not apply cancer test Director-General 3: Act to bind the Crown This Act binds the Crown. 4: Maintenance of Cancer Registry 1: The Director-General shall maintain or arrange for the maintenance of a Cancer Registry. 2: The purposes of the Cancer Registry are— a: to provide information on the incidence of, and mortality from, cancer; and b: to provide a basis for cancer survival studies and research programmes. 5: Reporting of cancer 1: Where a cancer test indicates the presence of cancer in any person (including a deceased person), the person in charge of the laboratory where that test was carried out shall cause a report of that test to be made to the Director-General for the purposes of the Cancer Registry. 2: Where a post-mortem examination of any deceased person indicates the presence of cancer in that person, the person who carried out that examination shall cause a report of that examination to be made to the Director-General for the purposes of the Cancer Registry. 3: Every report under subsection (1) or subsection (2)— a: shall be made within the prescribed time; and b: shall be made in the prescribed form and manner. 4: No person is required to make a report under this section with respect to— a: any cancer test that indicates the presence of cancer in any person (including a deceased person); or b: any post-mortem examination of any deceased person that indicates the presence of cancer in that person— if the first-mentioned person has good reason to believe that the presence of that particular cancer in that other person has already been reported to the Director-General, whether in a report made under this section or pursuant to any arrangements that were in place before the commencement of this Act or otherwise. 6: Director-General may require supply of further information 1: Where any report made under section 5 2: Every person to whom a notice is given under this section and who has any of the information specified in that notice shall provide that information within such time, and in such form and manner, as may be specified in the notice. 3: In subsection (1), medical practitioner section 114(1)(a) Section 6(3) added 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 7: Protection against actions 1: No proceedings, civil or criminal, shall lie against any person by reason of that person having made available any information for the purposes of complying with the requirements of section 5 section 6(2) 2: Nothing in subsection (1) applies in respect of proceedings for an offence against section 8 8: Offences Every person commits an offence and is liable on a: fails, without reasonable excuse, to comply with the requirements of section 5 section 6(2) b: knowingly supplies information that is false or misleading in purported compliance with section 5 section 6(2) Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011 9: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing the form and manner in which reports are to be made to the Director-General under section 5 b: prescribing the time within which reports are to be made to the Director-General under section 5 c: declaring any type of cancer to be a cancer to which this Act does not apply: d: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Regulations 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 9(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021

DLM302276

1993

Summary Proceedings Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Summary Proceedings Amendment Act 1993, and shall be read together with and deemed part of the Summary Proceedings Act 1957 2: This Act shall come into force on the 1st day of September 1993. 2: Interpretation Section 2 repealed 1 July 1996 80 Dog Control Act 1996 3: 4: 5: 6: Section 2(3)(b) repealed 1 April 1996 2(3)(b) Summary Proceedings Amendment Act 1995 7: 8: 9: 10: 11: 12: Section 12 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002 13: 14: 15: Rights of representation and appeal Section 15 repealed 30 June 1998 22(2) Summary Proceedings Amendment Act (No 2) 1998 16: 17: 18: 19: 20: Restriction on imprisonment 1: This subsection substituted s 106E 2: Notwithstanding anything in this Act or in any other enactment, in the case of any warrant of commitment issued not less than one month before the date of commencement of this section, but not executed before that date, the following provisions shall apply: a: The warrant shall not be executed unless the defendant is brought before a District Court Judge under section 106E(3) section 106E(2) b: A warrant shall not be invalid in any case by reason only that paragraph (a) c: Every defendant who is imprisoned on the basis of such a warrant shall be brought before a District Court Judge in accordance with paragraph (a) 3: Notwithstanding anything in this Act or any other enactment, any warrant of commitment issued less than one month before the date of commencement of this section, but not executed before that date, may be executed as if this Act had not been passed. 21: 22: 23: Resumption of sentence or order on determination of appeal 1: This subsection substituted section 137 sections 137A to 137D 2: The following enactments are hereby consequentially repealed: a: Section 18 of the Summary Proceedings Amendment Act 1973 b: Section 32 of the Criminal Justice Amendment Act 1980 c: Section 2 of the Summary Proceedings Amendment Act 1981 d: So much of Schedule 1 Criminal Justice Act 1985 sections 137 to 137C e: Section 4 of the Summary Proceedings Amendment Act 1989 24: If evidence sufficient defendant may be committed for trial or for sentence Section 24 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 25: Order for taking evidence of defence witness Section 25 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 26: Power to take statement of person dangerously ill Section 26 repealed 1 January 2001 4(2) Summary Proceedings Amendment Act 2000 27: Child complainant's evidence may be given by videotape Section 27 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 28:

DLM302546

1993

Housing Assets Transfer Act 1993

1: Short Title and commencement 1: This Act may be cited as the Housing Assets Transfer Act 1993. 2: This Act shall come into force on the date on which it receives the Royal assent. 2: Interpretation In this Act, unless the context otherwise requires,— housing assets a: mortgages and other securities under the Maori Housing Act 1935 Maori Housing Amendment Act 1938 section 21 b: land set apart under the Maori Housing Amendment Act 1938 Maori Housing Act 1935 section 4(3) c: subleases of land granted by the Crown under the Maori Housing Amendment Act 1938 d: land that is subject to an agreement for sale under section 16 section 17 e: mortgages, debentures, and other securities that secure the payment of money lent by or on behalf of the Crown pursuant to the Housing Act 1955 , the Housing Corporation Act 1974 Kāinga Ora–Homes and Communities Act 2019 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 Ministers responsible Minister sitting day Section 2 Corporation repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2 housing assets amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2 Kāinga Ora–Homes and Communities inserted 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 3: Act to bind the Crown This Act shall bind the Crown. 4: Exercise of powers by Ministers The Ministers shall, before exercising the powers conferred on them by this Act in relation to any housing assets referred to in paragraph (a) or paragraph (b) or paragraph (c) of the definition of that term in section 2 5: Kāinga Ora–Homes and Communities 1: Kāinga Ora–Homes and Communities section 2 Kāinga Ora–Homes and Communities Maori Housing Act 1935 Maori Housing Amendment Act 1938 2: A copy of any instrument of appointment under this section may be lodged with the Registrar-General of Land or Surveyor-General Land Transfer Act 2017 Kāinga Ora–Homes and Communities 3: Without limiting subsection (1), Kāinga Ora–Homes and Communities Maori Housing Amendment Act 1938 Section 5 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 5(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 5(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 5(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 6: Transfer of housing assets to Kāinga Ora–Homes and Communities 1: The Ministers may, at any time or times, prepare a list or lists specifying housing assets which, in the opinion of the Ministers, should be vested in Kāinga Ora–Homes and Communities 2: Every list prepared under subsection (1) shall— a: contain a description of each housing asset either individually or as a group or class; and b: be signed by the Ministers; and c: be laid before the House of Representatives by the responsible Minister within 12 sitting days of its being signed. 3: For the purposes of subsection (2)(a), a group or class of housing assets includes a group or class of such assets other than any particular asset or assets. 4: The Governor-General may, at any time or times, by Order in Council, vest in Kāinga Ora–Homes and Communities 5: Every Order in Council under this section shall specify the consideration payable or to be provided by Kāinga Ora–Homes and Communities 6: An order under this section is secondary legislation ( see Part 3 1990 No 105 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(4) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Additional provisions relating to vesting 1: Nothing in this Act— a: shall be regarded as placing the Crown, Kāinga Ora–Homes and Communities b: shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or c: shall be regarded as placing the Crown, Kāinga Ora–Homes and Communities d: shall release any surety from any obligation; or e: shall invalidate or discharge any contract or security. 2: The Registrar-General of Land and all Kāinga Ora–Homes and Communities 3: A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that land described in the certificate, or described in any document on which the certificate appears, is land vested in Kāinga Ora–Homes and Communities 4: The vesting of housing assets pursuant to this Act shall take effect notwithstanding any enactment or rule of law or agreement and, in particular, but without limitation, the vesting shall take effect notwithstanding any provision contained in the Land Act 1948 Local Government Act 2002 Reserves Act 1977 Public Works Act 1981 Resource Management Act 1991 5: Where, by virtue of this Act, any land vests in Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 6: Without limiting subsection (5), where by virtue of this Act any land vests in Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 7: All housing assets that are subject to the Maori Housing Act 1935 Maori Housing Amendment Act 1938 Housing Act 1955 Kāinga Ora–Homes and Communities 1990 No 109 s 7 Section 7(1)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(1)(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(4) amended 1 July 2003 section 262 Local Government Act 2002 Section 7(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(6) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(7) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 8: Title to housing assets vested in Kāinga Ora–Homes and Communities 1: The Registrar-General of Land must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, register Kāinga Ora–Homes and Communities a: land, other than land that is registered under the Land Transfer Act 2017 Kāinga Ora–Homes and Communities b: land that is subject to the Land Transfer Act 2017 Kāinga Ora–Homes and Communities 2: Every application under subsection (1) must— a: state that the land has been vested in Kāinga Ora–Homes and Communities b: contain a description of the land that is sufficient to identify it; and c: in the case of land that has not previously been registered under the Land Transfer Act 2017 section 9(1) 3: The Registrar-General of Land must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, register Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 4: Any other person charged with the keeping of any books or registers must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee,— a: register Kāinga Ora–Homes and Communities Land Transfer Act 2017 Kāinga Ora–Homes and Communities b: make any entries in those books or registers necessary for that purpose. 5: Every application under subsection (3) or (4) must— a: state that the mortgage or security has been vested in Kāinga Ora–Homes and Communities b: contain a description of the mortgage or security that is sufficient to identify it. Section 8 replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 8 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(1)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(1)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(2)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(4)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(5)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 9: Land certification 1: Before the Registrar-General of Land issues a record of title in respect of any land, other than land that is registered under the Land Transfer Act 2017 Kāinga Ora–Homes and Communities section 4 Schedule 2 2: A certificate in accordance with subsection (1) must be recorded by the Registrar-General of Land in the register and is conclusive evidence to the Registrar-General of Land 1990 No 105 s 10 Section 9(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017 10: Certification of easements 1: Where land is vested in Kāinga Ora–Homes and Communities Land Transfer Act 2017 Director-General within the meaning of section 2 of the Survey Act 1986 section 9(1) 2: The Registrar-General of Land record of title 3: Where a memorial of an easement is entered upon the relevant record of title Land Transfer Act 2017 1986 No 124 s 26A 1992 No 27 s 6 Section 10(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 10(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(1) amended 1 July 1996 Survey Amendment Act 1996 Section 10(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(3) amended 12 November 2018 section 250 Land Transfer Act 2017 11: Application of other Acts The enactments specified in the Schedule Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 11 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 12: Provisions relating to securities and agreements 1: Without limiting the foregoing provisions of this Act, every reference— a: in any memorandum of mortgage or other security granted under the Maori Housing Act 1935 Maori Housing Amendment Act 1938 Kāinga Ora–Homes and Communities b: in any agreement for the sale of land entered into or any lease of land granted by the Crown pursuant to the Maori Housing Amendment Act 1938 Kāinga Ora–Homes and Communities c: where land leased to the Crown under the Maori Housing Amendment Act 1938 Kāinga Ora–Homes and Communities to the Crown, the Maori Land Board, the Board of Maori Affairs, the chief executive of the Iwi Transition Agency or the chief executive of the Ministry of Maori Development, as the case may be, shall be read and construed as a reference to Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 2: Without limiting the foregoing provisions of this Act, every reference in any agreement for the sale of land entered into under section 16 section 17 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 12(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(1)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(1)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(1)(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 13: Status of certain other land 1: The Governor-General may from time to time, by Order in Council, declare that land owned by the Crown and set apart under the Maori Housing Amendment Act 1938 Maori Housing Act 1935 Part 3 2: An Order in Council may be made under subsection (1) in relation to any class of land referred to in that subsection or in respect of any particular parcel of such land. 3: The Governor-General may from time to time, by Order in Council, declare that any land held by the Crown under a lease or licence and that is set apart under the Maori Housing Amendment Act 1938 Maori Housing Act 1935 4: Nothing in this section applies in relation to land acquired by the Crown by way of gift pursuant to section 3(3) 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 13(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 14: Kāinga Ora–Homes and Communities 1: This section applies to— a: any land that is subject to an agreement for sale entered into under the Maori Housing Amendment Act 1938 Housing Act 1955 Kāinga Ora–Homes and Communities b: any land that is subject to a mortgage granted under either of those Acts where that mortgage is or was at any time vested in Kāinga Ora–Homes and Communities 2: Despite section 62 Kāinga Ora–Homes and Communities section 57 Kāinga Ora–Homes and Communities Section 14 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 14(1)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 14(1)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 14(2) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 14(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019

DLM302531

1993

Finance Act 1993

1: Short Title This Act may be cited as the Finance Act 1993. 1: Housing 2: Part to be read with Housing Act 1955 This Part shall be read together with and deemed part of the Housing Act 1955 3: Validation of increases in rentals for tenancies of State housing land 1: Where, at any time before or after the commencement of this Act but before the close of 30 June 1993, the Corporation or any person acting on behalf of the Corporation or the Crown has given a notice in writing to any tenant of State housing land stating, or containing a statement to the effect, that the amount of the rent payable by that tenant will be increased to an amount stated in the notice on and from a date stated in the notice, whether or not the notice also states any other matter, the notice shall be deemed to be and to have always been valid and effective in increasing the rent payable in respect of the tenancy despite the fact that section 24(3) 2: Where, at any time before or after the commencement of this Act but before the close of 30 June 1993,— a: the Corporation or any person acting on behalf of the Corporation or the Crown has given a notice in writing to any tenant of State housing land stating, or containing a statement to the effect, that the amount of the rent payable by that tenant will be increased to an amount stated in the notice on and from a date stated in the notice unless the tenant applies for the fixing of a lower rent, whether or not the notice also states any other matter; and b: the tenant has not, before the date stated in the notice, applied for a lower rent or a lower rent has not, before the date stated in the notice, been fixed as the rent payable by the tenant in respect of the tenancy,— the notice of the kind described in paragraph (a) shall be deemed to be and to have always been valid and effective in increasing the rent payable in respect of the tenancy despite the fact that section 24(3) 3: Where any proceedings have been commenced before the close of 2 December 1992, nothing in subsection (1) or subsection (2) shall affect the rights of any person— a: under any judgment, decision, or order of a court given or made in those proceedings; or b: under any judgment, decision, or order given or made on appeal therefrom, whether the appeal is commenced before or after that date. 2: Dairy Board Part 2 repealed 16 October 2001 section 165(4) Dairy Industry Restructuring Act 2001 4: Part to be read with Dairy Board Act 1961 Section 4 repealed 16 October 2001 section 165(4) Dairy Industry Restructuring Act 2001 5: Audit of accounts of New Zealand Dairy Board Section 5 repealed 16 October 2001 section 165(4) Dairy Industry Restructuring Act 2001

DLM289881

1993

Te Ture Whenua Maori Act 1993

1: Short Title and commencement 1: This Act may be cited as— a: Te Ture Whenua Maori Act 1993; or b: the Maori Land Act 1993. 2: This Act shall come into force on 1 July 1993. 2: Interpretation of Act generally 1: It is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that best furthers the principles set out in the Preamble 2: Without limiting the generality of subsection (1), it is the intention of Parliament that powers, duties, and discretions conferred by this Act shall be exercised, as far as possible, in a manner that facilitates and promotes the retention, use, development, and control of Maori land as taonga tuku iho by Maori owners, their whanau, their hapu, and their descendants , and that protects wahi tapu 3: In the event of any conflict in meaning between the Maori and the English versions of the Preamble Section 2(2) amended 1 July 2002 section 4 Te Ture Whenua Maori Amendment Act 2002 3: Interpretation of Maori terms Section 3 repealed 1 July 2002 section 58(a) Te Ture Whenua Maori Amendment Act 2002 4: Interpretation In this Act, unless the context otherwise requires,— ahi ka alienation a: includes, subject to paragraph (c),— i: every form of disposition of Maori land or of any legal or equitable interest in Maori land, whether divided or undivided; and ii: the making or grant of any lease, licence, easement, profit, mortgage, charge, encumbrance, or trust over or in respect of Maori land; and iii: any contract or arrangement to dispose of Maori land or of any interest in Maori land; and iv: the transfer or variation of a lease or licence, and the variation of the terms of any other disposition of Maori land or of any interest in Maori land; and v: a deed of family arrangement relating to succession to Maori land or any interest in Maori land on the death of an owner; and vi: an agreement to the taking under the Public Works Act 1981 vii: the granting, renewal, variation, transfer, assignment, or mortgage of a forestry right over Maori land; and b: includes, subject to paragraph (c), any disposition of Maori land or of any interest in Maori land which is effected by the Māori trustee c: does not include— i: a disposition by will of Maori land or of any interest in Maori land; or ii: a disposition of a kind described in paragraph (a) that is effected by order of the court; or iii: a surrender of a lease or licence over or in respect of Maori land or any interest in Maori land; or iv: the granting, for a term of not more than 3 years (including any term or terms of renewal) v: a contract or arrangement for the granting of a lease or licence of a kind described in subparagraph (iv); or vi: the transfer or variation of a lease or licence of a kind described in subparagraph (iv) (other than a variation extending the term of such a lease or licence); or vii: a disposition by way of sale by a mortgagee pursuant to a power expressed or implied in any instrument of mortgage applicable auditing and assurance standard section 5 applicable financial reporting standard section 5 audiovisual link beneficial estate beneficial interest block chief executive Chief Judge Chief Justice section 4(1) common marine and coastal area section 9(1) court Crown land Part 6 financial statements a: in relation to a large Maori incorporation, has the same meaning as in section 6 b: in the case of any other Maori incorporation, means financial statements that at least comply with the minimum requirements prescribed for companies under section 21C forestry right section 2 General land Part 6 General land owned by Maori a Maori or by a group of generally accepted accounting practice section 8 Financial Reporting Act 2013 Judge Kāinga Ora–Homes and Communities section 8 kaitiaki land a: means— i: Māori land, General land, and Crown land that is on the landward side of mean high water springs; and ii: Māori freehold land that is on the seaward side of mean high water springs; but b: does not include the common marine and coastal area large section 276A(5) lawyer section 6 lease sublease lessee sublessee long-term lease a: for a term of more than 52 years; or b: for a term that would be more than 52 years if 1 or more rights of renewal were exercised Maori Maori customary land Part 6 Maori freehold land Part 6 Maori incorporation incorporation Part 13 Part 4 of the Maori Affairs Amendment Act 1967 Maori land Maori reservation section 338 Maori reserve Māori Trustee Maori Reserved Land Act 1955 Māori Trustee Māori Trustee Maori Trustee Act 1953 Minister Ministry occupation order section 328 order a: means— i: an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and ii: an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1) iii: an order made by the Chief Judge under section 44 iv: an order or decision made by a Judge, the Chief Judge, or the court under sections 26B to 26ZB b: includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii) person under disability Part 12 preferred classes of alienees a: children and remoter issue of the alienating owner: b: whanaunga of the alienating owner who are associated in accordance with tikanga Maori with the land: c: other beneficial owners of the land who are members of the hapu associated with the land: d: trustees of persons referred to in any of paragraphs (a) to (c): e: descendants of any former owner who is or was a member of the hapu associated with the land preferred classes of alienees a: children and remoter issue of the alienating owner: b: whanaunga of the alienating owner who are associated in accordance with tikanga Maori with the land vested in the incorporation: c: other beneficial owners of the land who are members of the hapu associated with the land vested in the incorporation: d: trustees of persons referred to in any of paragraphs (a) to (c): e: descendants of any former owner who is or was a member of the hapu associated with the land vested in the incorporation: f: the Maori incorporation, in any case where no person, who is, by virtue of paragraphs (a) to (e), a member of a preferred class of alienees in relation to the alienation, accepts the owner’s offer of an alienation of the shares to that member prescribed Registrar the Chief Registrar and road section 315 roading powers section 9 Ruapuha Uekaha Hapū Trust section 354 specified development project section 9 State Loan Department a: Public Trust: b: Kāinga Ora–Homes and Communities c: the Māori Trustee subdivision consent section 2(1) Surveyor-General section 4 territorial authority Local Government Act 2002 tikanga Maori tipuna wahi tapu section 338(1)(b) whanaunga whangai will 1953 No 94 ss 2(1), 432(15) 1967 No 124 ss 25, 132, 133(1) 1974 No 3 s 50 1974 No 19 s 50(1) 1974 No 73 ss 2, 5 1978 No 43 s 3(4) 1991 No 69 s 362 Section 4 heading amended 1 July 2002 section 5(4) Te Ture Whenua Maori Amendment Act 2002 Section 4 ahi ka inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 alienation added 1 July 2002 section 5(2) Te Ture Whenua Maori Amendment Act 2002 Section 4 alienation amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 4 alienation amended 11 April 2001 section 3(1) Te Ture Whenua Maori Amendment Act 2001 Section 4 applicable auditing and assurance standard inserted 1 April 2014 section 119 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 applicable financial reporting standard inserted 1 April 2014 section 119 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 audiovisual link inserted 29 November 2022 section 5 Māori Purposes Act 2022 Section 4 Chief Surveyor repealed 6 February 2021 section 4(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 4 Chief Justice inserted 1 March 2017 section 4 Te Ture Whenua Maori Amendment Act 2016 Section 4 common marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 4 District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 4 financial statements replaced 12 May 2017 section 19(1) Māori Purposes Act 2017 Section 4 forestry right inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 General land owned by Maori amended 1 July 2002 section 5(3) Te Ture Whenua Maori Amendment Act 2002 Section 4 generally accepted accounting practice inserted 1 April 2014 section 119 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 Kāinga Ora–Homes and Communities inserted 7 August 2020 section 300 Urban Development Act 2020 Section 4 kaitiaki inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 land substituted 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Section 4 land amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 4 large inserted 12 May 2017 section 19(4) Māori Purposes Act 2017 Section 4 lawyer inserted 1 March 2017 section 4 Te Ture Whenua Maori Amendment Act 2016 Section 4 long-term lease inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 Maori reservation inserted 6 February 2021 section 4(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 4 Maori reserve amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 4 Māori Trustee substituted 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 4 non-GAAP standard repealed 12 May 2017 section 19(2) Māori Purposes Act 2017 Section 4 order substituted 11 April 2001 section 3(2) Te Ture Whenua Maori Amendment Act 2001 Section 4 order paragraph (a)(iv) added 26 September 2004 section 5(1) Te Ture Whenua Maori Amendment Act (No 2) 2004 Section 4 order paragraph (a)(iv) amended 1 January 2005 section 5(1) Te Ture Whenua Maori Amendment Act (No 3) 2004 Section 4 Registrar amended 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Section 4 roading powers inserted 7 August 2020 section 300 Urban Development Act 2020 Section 4 Ruapuha Uekaha Hapū Trust inserted 29 November 2022 section 5 Māori Purposes Act 2022 Section 4 specified development project inserted 7 August 2020 section 300 Urban Development Act 2020 Section 4 specified not-for-profit entity repealed 12 May 2017 section 19(3) Māori Purposes Act 2017 Section 4 State Loan Department substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 4 State Loan Department amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 4 State Loan Department amended 1 July 2009 section 30(2)(b) Māori Trustee Amendment Act 2009 Section 4 Surveyor-General replaced 6 February 2021 section 4(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 4 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 tikanga Maori inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 tipuna inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 wahi tapu inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 whanaunga inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 Section 4 whangai inserted 1 July 2002 section 5(1) Te Ture Whenua Maori Amendment Act 2002 4A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 12 May 2017 section 20 Māori Purposes Act 2017 5: Act to bind the Crown This Act shall bind the Crown. 1: The Maori Land Court Constitution of court 6: Maori Land Court to continue 1: There shall continue to be a court of record called the Maori Land Court, which shall be the same court as that existing under the same name immediately before the commencement of this Act. 2: In addition to the jurisdiction and powers expressly conferred on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record. 1953 No 94 s 15 7: Appointment of Judges 1: The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Judges of the Maori Land Court. 2: The number of Judges appointed under this section must not at any time exceed 14 2AA: For the purposes of subsection (2),— a: a Judge who is acting on a full-time basis counts as 1: b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1: c: the aggregate number (for example, 7.5) must not exceed the maximum number of Judges that is for the time being permitted. 2A: A person must not be appointed a Judge unless the person is suitable, having regard to the person’s knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi 3: A person may be appointed a Judge only if— a: that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or b: that person— i: holds a degree in law granted or issued by any university within New Zealand; and ii: has been admitted as a barrister and solicitor of the High Court; and iii: has held a practising certificate in a jurisdiction specified by Order in Council— A: for at least 7 years; or B: for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7. 4: No person shall be appointed a Judge after attaining the age of 70 5: Every Judge shall, by virtue of that office, be a Justice of the Peace for New Zealand. 6: The Attorney-General must publish information explaining his or her process for— a: seeking expressions of interest for the appointment of Judges of the court; and b: nominating a person for appointment as a Judge of the court. 7: If the Attorney-General is not for the time being responsible for recommending the appointment of Judges of the court, he or she must publish information explaining the responsible Minister's process for doing the things referred to in subsection (6). 8: A Judge must not practise as a lawyer. 1953 No 94 s 16 1974 No 73 s 43(1) Section 7(2) substituted 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Section 7(2) amended 13 December 2006 section 4 Te Ture Whenua Maori Amendment Act 2006 Section 7(2AA) inserted 20 May 2004 section 3(1) Te Ture Whenua Maori Amendment Act 2004 Section 7(2A) inserted 1 July 2002 section 6 Te Ture Whenua Maori Amendment Act 2002 Section 7(3) replaced 1 March 2017 section 5(1) Te Ture Whenua Maori Amendment Act 2016 Section 7(4) amended 6 March 2007 section 4 Te Ture Whenua Maori Amendment Act 2007 Section 7(6) replaced 1 March 2017 section 5(2) Te Ture Whenua Maori Amendment Act 2016 Section 7(7) replaced 1 March 2017 section 5(2) Te Ture Whenua Maori Amendment Act 2016 Section 7(8) inserted 1 March 2017 section 5(2) Te Ture Whenua Maori Amendment Act 2016 7AA: Judge not to undertake other employment or hold other office 1: A Judge of the court must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Judge. 2: An approval under subsection (1) may be given only if the Chief Judge is satisfied that undertaking the employment or holding the office is consistent with the Judge's judicial office. 3: However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge. Section 7AA inserted 1 March 2017 section 6 Te Ture Whenua Maori Amendment Act 2016 7AB: Protocol relating to activities of Judges 1: The Chief Justice must develop and publish a protocol containing guidance on— a: the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and b: the offices, or types of offices, that he or she considers may be held consistent with being a Judge. 2: The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Judge. Section 7AB inserted 1 March 2017 section 6 Te Ture Whenua Maori Amendment Act 2016 7A: Judges act on full-time basis but may be authorised to act part-time 1: A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis. 2: The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 7 section 8 3: To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge. 4: The Attorney-General may authorise a Judge to act on a part-time basis only— a: on the request of the Judge; and b: with the concurrence of the Chief Judge. 5: In considering whether to concur under subsection (4), the Chief Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way. 6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period. 7: The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6). Section 7A inserted 20 May 2004 section 4 Te Ture Whenua Maori Amendment Act 2004 8: Chief Judge and deputy 1: The Governor-General shall from time to time, by warrant, appoint a Chief Judge of the Maori Land Court and a Deputy Chief Judge of the Maori Land Court. 2: Subject to subsection (3), every person appointed as Chief Judge or as Deputy Chief Judge shall hold that office so long as that person holds office as a Judge. 3: With the prior approval of the Governor-General, the Chief Judge and the Deputy Chief Judge may resign that office without resigning the office of Judge. 4: Whenever by reason of illness, absence from New Zealand, or any other cause the Chief Judge is prevented from exercising the duties of office, or during any vacancy in the office of Chief Judge, the Deputy Chief Judge shall, until the Chief Judge resumes or takes up the duties of office, have and may perform and exercise all the functions, duties, and powers of the Chief Judge. 1953 No 94 ss 16, 17 1974 No 73 s 43(1) 8A: Delegation to Deputy Chief Judge 1: The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty conferred on the Chief Judge by or under this Act. 2: Subject to general or particular directions given by the Chief Judge, the Deputy Chief Judge has and may exercise and perform all the powers, functions, or duties delegated by the Chief Judge in the same manner and with the same effect as if they had been conferred on the Deputy Chief Judge directly by this Act and not by delegation. 3: A delegation— a: must be in writing; and b: is revocable in writing at any time; and c: may be made subject to any restrictions or conditions that the Chief Judge thinks fit; and d: does not prevent the exercise or performance of a power, function, or duty by the Chief Judge; but e: must not include a power of delegation. 4: In the absence of proof to the contrary, the Deputy Chief Judge, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation. 5: Powers exercised, functions performed, or decisions made by the Deputy Chief Judge acting as the Chief Judge may not be questioned in any proceeding on the ground that the occasion for the Deputy Chief Judge so acting had not arisen or had ceased. Section 8A inserted 13 December 2006 section 5 Te Ture Whenua Maori Amendment Act 2006 9: Appointment of temporary Judges 1: Subject to section 11 2: The period specified must not exceed 2 years. 3: However, a person appointed under this section may be reappointed. 4: A person may not be appointed as a temporary Judge under this section unless that person is eligible for appointment as a Judge under section 7 5: However, a person otherwise qualified who has attained the age of 70 6: Subsection (2) applies to an appointment made under subsection (5). 7: The power conferred by this section may be exercised at any time, even though there may be 1 or more persons holding the office of Judge under section 7 section 10 8: A person appointed under this section is to be paid, during the term of the appointment, the salary and allowances payable under section 13 9: A superannuation subsidy must not be paid to a person who is appointed as a temporary Judge under this section. 10: Subsection (9) does not apply to a compulsory employer contribution within the meaning of section 101A Section 9 substituted 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Section 9(5) amended 6 March 2007 section 5 Te Ture Whenua Maori Amendment Act 2007 Section 9(9) inserted 1 March 2017 section 7 Te Ture Whenua Maori Amendment Act 2016 Section 9(10) inserted 1 March 2017 section 7 Te Ture Whenua Maori Amendment Act 2016 10: Former Judges 1: Subject to section 11 2: During the term of the appointment, the former Judge may act as a Judge during such period or periods only, and in such place or places only, as the Chief Judge may determine. 3: Every former Judge appointed under this section shall, during each period when the former Judge acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Judge and the Deputy Chief Judge, and shall also be paid such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General. 3A: A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under this section. 3B: Subsection (3A) does not apply to a compulsory employer contribution within the meaning of section 101A 4: Every former Judge appointed under this section shall, during each period when the former Judge acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge. 1908 No 89 s 11A 1981 No 40 s 2(1) Section 10(3A) inserted 1 March 2017 section 8 Te Ture Whenua Maori Amendment Act 2016 Section 10(3B) inserted 1 March 2017 section 8 Te Ture Whenua Maori Amendment Act 2016 11: Certificate by Chief Judge and 1 other Judge prerequisite No appointment may be made under section 9 section 10 1908 No 89 s 11B 1981 No 40 s 2(1) 12: Tenure of office 1: The Governor-General may remove a Judge for inability or misbehaviour. 2: Every Judge shall retire from office on attaining the age of 70 1953 No 94 s 19 1982 No 124 s 5(2) Section 12(2) amended 6 March 2007 section 6 Te Ture Whenua Maori Amendment Act 2007 12A: Judges to have immunities of High Court Judges The Judges have all the immunities of a Judge of the High Court. Section 12A inserted 20 May 2004 section 5 Te Ture Whenua Maori Amendment Act 2004 13: Salaries and allowances of Judges 1: There shall be paid to the Chief Judge, to the Deputy Chief Judge, and to the other Judges, out of public money, without further appropriation than this section,— a: salaries at such rates as the Remuneration Authority b: such allowances as are from time to time determined by the Remuneration Authority c: such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General. 2: The salary of a Judge shall not be diminished during the continuance of the Judge’s appointment. 2A: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position. 2B: For the purpose of subsection (2), the payment of salary and allowances on a pro-rata basis under subsection (2A) is not a diminution of salary. 3: Subject to the Remuneration Authority 4: Every such determination, and every provision of any such determination, in respect of which no date is so specified shall come into force on the date of the making of the determination. 1953 No 94 s 21 1985 No 139 s 2 Section 13(1)(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 13(1)(b) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 13(2A) inserted 20 May 2004 section 6 Te Ture Whenua Maori Amendment Act 2004 Section 13(2B) inserted 20 May 2004 section 6 Te Ture Whenua Maori Amendment Act 2004 Section 13(3) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 14: Administration of court The Ministry of Justice Ministry of Justice 1953 No 94 s 22 Section 14 amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 15: Court districts 1: The Governor-General may from time to time, by Order in Council,— a: divide New Zealand into Maori Land Court districts, and declare the name by which each such district shall be designated; or b: abolish any such district, or alter the limits or the designation of any such district, as the Governor-General thinks fit. 2: The Chief Judge shall from time to time assign a Judge to each district, or to 2 or more districts, as the Chief Judge thinks fit. 3: There shall be a Registrar for each district, but the same person may hold office as Registrar for any 2 or more districts. 4: An order under this section is secondary legislation ( see Part 3 1953 No 94 s 23 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16: Seal of court 1: The court shall have, in the custody of each Judge and each Registrar, a seal, which shall be the seal of the court and shall be used for sealing documents that require to be sealed. 1A: The seal may be applied to a document physically or electronically. 2: The form of the seal shall be such as the Governor-General from time to time determines. 3: The seal in use at the commencement of this Act shall continue to be the seal of the court unless and until a new seal is duly prescribed by the Governor-General. 1953 No 94 s 24 Section 16(1A) inserted 6 February 2021 section 5 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Objectives, jurisdiction, and powers 17: General objectives 1: In exercising its jurisdiction and powers under this Act, the primary objective of the court shall be to promote and assist in— a: the retention of Maori land and General land owned by Maori in the hands of the owners; and b: the effective use, management, and development, by or on behalf of the owners, of Maori land and General land owned by Maori. 2: In applying subsection (1), the court shall seek to achieve the following further objectives: a: to ascertain and give effect to the wishes of the owners of any land to which the proceedings relate: b: to provide a means whereby the owners may be kept informed of any proposals relating to any land, and a forum in which the owners might discuss any such proposal: c: to determine or facilitate the settlement of disputes and other matters among the owners of any land: d: to protect minority interests in any land against an oppressive majority, and to protect majority interests in the land against an unreasonable minority: e: to ensure fairness in dealings with the owners of any land in multiple ownership: f: to promote practical solutions to problems arising in the use or management of any land. 18: General jurisdiction of court 1: In addition to any jurisdiction specifically conferred on the court otherwise than by this section, the court shall have the following jurisdiction: a: to hear and determine any claim, whether at law or in equity, to the ownership or possession of Maori freehold land, or to any right, title, estate, or interest in any such land or in the proceeds of the alienation of any such right, title, estate, or interest: b: to determine the relative interests of the owners in common, whether at law or in equity, of any Maori freehold land: ba: to determine whether a person is a member of a class of persons who are or will be beneficial owners of, or beneficiaries of a trust whose trustees are owners of, land that is or will become Maori freehold land: c: to hear and determine any claim to recover damages for trespass or any other injury to Maori freehold land: d: to hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Maori freehold land: e: to determine for the purposes of any proceedings in the court or for any other purpose whether any specified person is a Maori or the descendant of a Maori: f: to determine for the purposes of this Act whether any person is a member of any of the preferred classes of alienees specified in section 4 g: to determine whether any land or interest in land to which section 8A section 8HB section 338 h: to determine for the purposes of any proceedings in the court or for any other purpose whether any specified land is or is not Maori customary land or Maori freehold land or General land owned by Maori or General land or Crown land: i: to determine for the purposes of any proceedings in the court or for any other purpose whether any specified land is or is not held by any person in a fiduciary capacity, and, where it is, to make any appropriate vesting order. 2: Any proceedings commenced in the Maori Land Court may, if the Judge thinks fit, be removed for hearing into any other court of competent jurisdiction. 1953 No 94 s 30(1), (3) 1956 No 61 s 89(1) 1960 No 120 s 5 1962 No 45 s 2 1974 No 73 s 47 1976 No 148 s 5 Section 18(1)(ba) inserted 6 February 2021 section 6 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 19: Jurisdiction in respect of injunctions 1: The court, on application made by any person interested or by the Registrar of the court, or of its own motion, may at any time issue an order by way of injunction— a: against any person in respect of any actual or threatened trespass or other injury to any Maori land or Maori reservation b: prohibiting any person, where proceedings are pending before the court or the Chief Judge, from dealing with or doing any injury to any property that is the subject matter of the proceedings or that may be affected by any order that may be made in the proceedings; or ba: requiring any person to— i: remove any structure or object from any Maori land or Maori reservation; or ii: reinstate any structure or object that has been removed from any Maori land or Maori reservation; or iii: restore any Maori land or Maori reservation to the condition it was in before it was modified by any infrastructure work, earthwork, or other means; or iv: remedy any damage done to any Maori land or Maori reservation; or c: prohibiting any owner or any other person or persons without lawful authority from cutting or removing, or authorising the cutting or removal, or otherwise making any disposition, of any timber trees, timber, or other wood, or any flax, tree ferns, sand, topsoil, metal, minerals, or other substances whether usually quarried or mined or not, on or from any Maori land d: prohibiting the distribution, by any trustee or agent, of rent, purchase money, royalties, or other proceeds of the alienation of Maori land or a Maori reservation section 45 Part 2 2: Notwithstanding anything in the Crown Proceedings Act 1950 Māori Trustee 3: Any injunction made by the court under this section may be expressed to be of interim effect only. 4: Every injunction made by the court under this section that is not expressed to be of interim effect only shall be of final effect. 1953 No 94 ss 30(1)(d), (f), 449, 452(14) 1961 No 129 s 10 1974 No 73 s 62 1982 No 124 s 6(3) Section 19(1)(a) amended 6 February 2021 section 7(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 19(1)(ba) inserted 6 February 2021 section 7(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 19(1)(c) amended 6 February 2021 section 7(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 19(1)(d) amended 6 February 2021 section 7(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 19(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 20: Jurisdiction in actions for recovery of land Notwithstanding anything to the contrary in the District Court Act 2016 a: where— i: the term and interest of the lessee of any Maori freehold land has ended or been terminated, either by the lessor or by the lessee, and whether the lessee is or is not liable for the payment of any rent; and ii: the lessee or any other person in occupation of the land or part of the land neglects or refuses to quit and deliver up possession of the land: b: where the occupier of any Maori freehold land under a lease or licence, either written or verbal, is in arrear in the payment of rent for such period that the lessor or licensor is entitled to exercise a right of re-entry under the terms of the lease or licence: c: where the occupier of any Maori freehold land under a lease or licence, either written or verbal, is in arrear in the payment of rent, and deserts the land leaving it uncultivated or unoccupied so that no remedy of forfeiture is available: d: where any person without right, title, or licence is in possession of any Maori freehold land. Section 20 amended 1 March 2017 section 261 District Court Act 2016 20A: Jurisdiction in relation to mortgages 1: An application for a court order under Part 3 a: the Maori Land Court, if the application relates only to Maori freehold land; or b: whichever of the High Court or District Court has jurisdiction, if the application relates to Maori freehold land and other land. 2: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to another court described in subsection (1) if it considers that the proceedings or question would be more appropriately dealt with by the other court. 3: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings. 4: The Maori Land Court has jurisdiction under, and must apply, Part 3 5: For those purposes, Part 3 a: the Maori Land Court were the High Court under that Part; and b: a Registrar of the Maori Land Court were the Registrar under that Part. 6: Any appeal from an order of the Maori Land Court made under Part 3 Section 20A inserted 6 February 2021 section 8 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 21: Power of court to grant relief against forfeiture The court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by sections 253 to 260 Section 21 amended 1 January 2008 section 364(1) Property Law Act 2007 22: Power of court to grant relief against refusal to grant renewal The court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by section 264 Section 22 amended 1 January 2008 section 364(1) Property Law Act 2007 22A: Power of court to grant specific performance of leases of Maori freehold land The court has the same jurisdiction as that of the High Court to grant and enforce specific performance or to award damages in addition to, or in substitution for, specific performance, in respect of leases of Maori freehold land or leases of General land owned by Maori that ceased to be Maori land under Part 1 of the Maori Affairs Amendment Act 1967 Section 22A inserted 1 July 2002 section 8 Te Ture Whenua Maori Amendment Act 2002 22B: Power of court in relation to easements and covenants over Maori freehold land 1: This section applies to any application for a court order to be made, or a direction to be given, under section 313 317 318(3) 2: The application may be made to the Maori Land Court or the District Court. 3: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (2) if it considers that the proceedings or question would be more appropriately dealt with by the other court. 4: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings. 5: The Maori Land Court has jurisdiction under sections 313 314 317 318(3) 6: Any appeal from an order of the Maori Land Court made under section 313 317 Section 22B inserted 6 February 2021 section 9 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 23: Power of court to authorise entry for erecting or repairing buildings, etc The court may exercise with respect to Maori freehold land all of the powers conferred on a court by subpart 1 Section 23 amended 1 January 2008 section 364(1) Property Law Act 2007 24: Power of court to grant relief if building is on wrong land or encroachment exists The court may exercise with respect to Māori freehold land all of the powers conferred on a court by subpart 2 Section 24 substituted 1 January 2008 section 364(1) Property Law Act 2007 24A: Powers of court relating to contracts privity and contractual remedies 1: The court may exercise any power conferred on the High Court— a: by subpart 1 b: by any of the provisions of sections 39 43 to 48 50 to 52 2: However, a power conferred on the court by subsection (1) may be exercised only if the occasion for the exercise of that power arises in the course of proceedings (other than an application made for the purposes of section 16(2) 39 sections 43 to 48 section 18(1)(d) Section 24A replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 24B: Power to award interest on debt or damages The court, in its proceedings, has the same powers to award interest on any debt or damages as the District Court has under Part 1 Section 24B inserted 16 September 2011 section 4 Te Ture Whenua Maori Amendment Act 2011 Section 24B amended 1 January 2018 section 29 Interest on Money Claims Act 2016 24C: Equitable relief 1: The court may make an order for equitable relief under this section— a: for the purposes of or as a result of exercising jurisdiction conferred on it by or under this Act or any other Act; and b: to the extent that the order is not inconsistent with that Act. 2: The court may make the order if it is satisfied that, in the particular circumstances of the case,— a: the order is necessary to achieve a just outcome; and b: any other available relief is insufficient to achieve a just outcome. 3: The court may make the order on the application of a party to a proceeding or of the court’s own motion. Section 24C inserted 6 February 2021 section 10 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 25: Power of court to make order to restore effect of lost instruments of alienation 1: On proof to the satisfaction of the court that any instrument of alienation of Maori freehold land, whether executed before or after the commencement of this Act, has been lost or destroyed, it may make an order under this section if it is satisfied— a: that the instrument was duly executed by or on behalf of the alienor; and b: in the case of an instrument requiring confirmation, that it was duly confirmed, or if not so confirmed, that the court or other competent authority had made a pronouncement in favour of confirmation c: 2: By an order under this section, the court may declare the nature and effect of the instrument to which the order relates, and the instrument shall be deemed to have been of the nature and to have had effect according to its tenor, as declared in the order. 3: Instead of or in addition to making an order declaring the nature and effect of the instrument, the court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in— a: any person or persons claiming under the instrument; or b: any other person or persons claiming under or through the person or persons specified in paragraph (a). 1953 No 94 s 446 Section 25(1)(b) amended 1 July 2002 section 9(a) Te Ture Whenua Maori Amendment Act 2002 Section 25(1)(c) repealed 1 July 2002 section 9(b) Te Ture Whenua Maori Amendment Act 2002 Section 25(3) substituted 11 April 2001 section 5 Te Ture Whenua Maori Amendment Act 2001 26: Jurisdiction of court under Fencing Act 1978 1: Notwithstanding anything to the contrary in the Fencing Act 1978 2: In addition to the exclusive jurisdiction conferred on the court by subsection (1), the court shall have jurisdiction, concurrent with that of any other court of competent jurisdiction, to hear and determine any claim, dispute, or question arising under that Act where any parcel of land to which the claim, dispute, or question relates is Maori freehold land or General land owned by Maori. 3: In the exercise of its jurisdiction under this section, the court may make an order for the payment of any sum in respect of any claim, dispute, or question under the Fencing Act 1978 4: In the exercise of its jurisdiction under this section, the court may order payment to be made in respect of the erection or repair of any fence, notwithstanding that any notice required by the Fencing Act 1978 1953 No 94 s 441 1975 No 135 s 16 Jurisdiction of court under Maori Fisheries Act 2004 Heading inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26A: Interpretation In sections 26B to 26N Aotearoa Fisheries Limited section 5 constitutional documents section 5 income share section 5 mandated iwi organisation section 5 settlement assets section 5 Te Ohu Kai Moana Trustee Limited section 5 Te Putea Whakatupu Trustee Limited section 5 Te Wai Maori Trustee Limited section 5 trust income section 78 Section 26A inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26B: Advisory jurisdiction of court The court has exclusive jurisdiction to advise on disputes referred to it— a: under a dispute resolution process referred to in section 181(1) b: by a party to a dispute under section 182(2) Section 26B inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26C: Jurisdiction of court to make determinations The court has exclusive jurisdiction to hear and determine, and make orders accordingly, in relation to— a: disputes referred to it under section 182 b: applications by Te Ohu Kai Moana Trustee Limited under section 185(1) c: action taken by Te Ohu Kai Moana Trustee Limited in reliance on section 186 d: disputes referred to it by any party under section 187 Section 26C inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26D: Principles applying to exercise of jurisdiction in relation to Maori Fisheries Act 2004 1: Any person who is a party to a matter referred to in section 26B section 26C 2: A request for advice under section 26B section 26C a: a proceeding for the purposes of this Act; and b: an application within the ordinary jurisdiction of the court. 3: The court has the power and authority to give advice or make determinations as it thinks proper. 4: The court must determine an application or matter referred to it for advice or determination under section 26B section 26C Maori Fisheries Act 2004 5: Sections 26B 26C 6: The court does not have jurisdiction under section 26B section 26C section 181(1) 7: Subsection (6) does not limit section 182 section 185 section 186 8: Where a dispute resolution process contemplated by section 181(1) 9: Nothing in this section or in section 26B section 26C Section 26D inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26E: Procedure of court in its advisory jurisdiction 1: The jurisdiction conferred by section 26B 2: Within 20 working days of receiving a request under section 26B 3: Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)— a: exercise the powers in section 67 b: consult with the requestor and parties affected by the advice: c: refer some or all of the issues arising from the request to a mediator for mediation. 4: The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of assisting the Judge with the request for advice. Section 26E inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26F: Procedure of court in making determinations 1: The jurisdiction conferred by section 26C 2: Within 20 working days of receiving an application under section 26C 3: The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following: a: if subsection (5) applies, determine the issue without a full or any hearing b: refer the application to the court for hearing and determination: c: exercise the powers in section 67 d: refer issues arising from the application to a mediator for mediation: e: if subsection (6) applies, dismiss or defer consideration of the application. 4: The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of providing advice on the application. 5: The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that— a: the applicant has taken reasonable steps to notify affected parties of the application and those parties do not oppose the application; or b: the parties have taken reasonable steps to resolve their dispute, as provided for in section 182(3) 6: The Judge may dismiss or defer consideration of an application under subsection (3)(e) if— a: it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or b: it does not present serious issues for determination; or c: the Judge considers it is appropriate to dismiss or defer consideration of the application for another reason. 7: The Judge may choose not to address an application if the Judge is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum. Section 26F inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 Section 26F(3)(a) amended 13 December 2006 section 6 Te Ture Whenua Maori Amendment Act 2006 26G: Powers of court if application referred under section 26F(3)(b) 1: If a matter is referred to the court for hearing and determination under section 26F(3)(b) 1A: However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following: a: if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly: b: exercise the powers in section 67 c: if subsection (3) applies, dismiss or defer consideration of the application: d: request a report from Te Ohu Kai Moana Trustee Limited on any matter the court considers appropriate. 2: The court may make a determination under subsection (1A)(a) if it is satisfied that— a: the applicant has taken reasonable steps to notify affected parties of the application; and b: those parties do not oppose the application. 3: The court may dismiss or defer consideration of an application under subsection (1)(c) if— a: it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or b: it does not present serious issues for determination; or c: the court considers it is appropriate to dismiss or defer consideration of the application for another reason. 4: The court may choose not to address an application if it is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum. 5: The court may, of its own motion or at the request of any party to the proceeding, appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise to assist the court. Section 26G inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 Section 26G heading substituted 13 December 2006 section 7(1) Te Ture Whenua Maori Amendment Act 2006 Section 26G(1) substituted 13 December 2006 section 7(2) Te Ture Whenua Maori Amendment Act 2006 Section 26G(1A) inserted 13 December 2006 section 7(2) Te Ture Whenua Maori Amendment Act 2006 26H: Appointment of mediator 1: A Judge who decides to refer issues to a mediator under section 26E(3)(c) section 26F(3)(d) section 26L(3)(a) 2: The parties affected by the application may, by agreement among them, appoint as the mediator 1 or more persons with the skills and experience to undertake mediation on issues arising under the Maori Fisheries Act 2004 3: If a mediator is not appointed by agreement under subsection (2), the Judge must— a: appoint a mediator; and b: before doing so, be satisfied that the mediator has the skills and experience to undertake mediation on issues arising under the Maori Fisheries Act 2004 Section 26H inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26I: Judge appointed as mediator 1: A Judge other than the Judge addressing an application may be a mediator. 2: However, a Judge acting as a mediator is to be treated as acting judicially and retains the same immunities as he or she has when acting as a Judge. 3: Despite subsection (2), a Judge who acts as a mediator must not sit as a Judge of the court on any of the same issues. Section 26I inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26J: Conduct of mediation 1: A Judge may advise a mediator of the issues that need to be addressed at mediation. 2: The following persons are entitled to attend and participate in a mediation: a: parties affected and their representatives; and b: any other person with the leave of the Judge addressing the application. 3: A mediator may— a: follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and b: receive any information, statement, admission, document, or other material in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings. 4: Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation, unless the party who produces the material consents to its disclosure. 5: No person may be sued for defamation for statements made in mediation. 6: Statements made and material presented at a mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially, unless the parties participating in the mediation consent to the admission of the statement or material. Section 26J inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26K: Successful mediation 1: If some or all of the issues referred to mediation are resolved at mediation, the mediator must— a: record the terms of that resolution; and b: deliver them to the Judge. 2: The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the court. Section 26K inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26L: Unsuccessful mediation 1: If some or all of the issues referred to mediation are not resolved by mediation, and the mediator believes that those issues are unlikely to be resolved, the mediator must— a: report that lack of resolution to the Judge; and b: state the issues that are unresolved and any issues that have been resolved. 2: Affected parties who participate in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application. 3: Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either— a: refer some or all of the unresolved issues to a mediator for mediation; or b: refer the unresolved issues to the court for hearing and determination or for the provision of advice, as the case may be. 4: A Judge who refers unresolved issues to the court under subsection (3)(b) may be the Judge who hears the matter or provides advice. Section 26L inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26M: Orders and interim orders 1: In making orders under sections 26B to 26L a: incorporate or restate the terms of an agreement reached by the persons participating in an application: b: incorporate the terms that express the outcome of mediation: c: specify that the order applies for general or specific purposes: d: specify the purpose or purposes for which the order is made: e: specify a date after which the order ceases to have effect: f: in relation to a mandated iwi organisation,— i: require new elections or the appointment of office holders in accordance with the constitutional documents of the mandated iwi organisation: ii: require Te Ohu Kai Moana Trustee Limited to suspend recognition of a mandated iwi organisation until specified changes are made to its constitutional documents: iii: until the Judge or the court is satisfied that the dispute has been satisfactorily resolved, prevent an action— A: to allocate and transfer settlement assets under section 130 section 135 B: to pay income under section 76 C: to distribute trust income under section 83 section 98 iv: specify additional conditions or requirements necessary— A: to assist in the timely resolution of the dispute; or B: to prevent prejudice to the interests of the mandated iwi organisation or the members of its iwi: g: make orders as to costs under section 79 h: make other orders not inconsistent with the Maori Fisheries Act 2004 2: The Judge or the court, at the request of any party, may also order, as considered appropriate, that an action referred to in subsection (1)(f)(iii) be subject to an interim injunction until— a: the date specified in the order; or b: the conditions specified in the order are met; or c: a further order is made by the court; or d: the order ceases to have effect. 3: If the court makes an order under subsection (1)(f)(iii) or subsection (2) that an action be prevented or be subject to an interim injunction, as the case may be, the affected assets must be held in trust by Te Ohu Kai Moana Trustee Limited in accordance with section 118A Section 26M inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 26N: Proceedings where additional members appointed If additional members are appointed under section 26E(4) section 26F(4) section 26G(5) Section 26N inserted 26 September 2004 section 3 Te Ture Whenua Maori Amendment Act (No 2) 2004 Jurisdiction of court under Maori Commercial Aquaculture Claims Settlement Act 2004 Heading inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26O: Interpretation In sections 26P to 26ZB iwi aquaculture organisation settlement assets trustee sections 4 5 Section 26O inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26P: Advisory jurisdiction of court The court has exclusive jurisdiction to advise on disputes referred to it under a dispute resolution process referred to in section 53 Section 26P inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26Q: Jurisdiction of court to make determinations The court has exclusive jurisdiction to hear and determine, and make orders accordingly, in relation to disputes referred to it under section 54 Section 26Q inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26R: Principles applying to exercise of jurisdiction in relation to Maori Commercial Aquaculture Claims Settlement Act 2004 1: Any person who is a party to a matter referred to in section 26P section 26Q 2: A request for advice under section 26P section 26Q a: a proceeding for the purposes of this Act; and b: an application within the ordinary jurisdiction of the court. 3: The court has the power and authority to give advice or make determinations as it thinks proper. 4: The court must determine an application or matter referred to it for advice or determination under section 26P section 26Q Maori Commercial Aquaculture Claims Settlement Act 2004 5: Sections 26P 26Q 6: The court does not have jurisdiction under this section unless it is satisfied that section 53 7: Where a dispute resolution process contemplated by section 53 8: Nothing in this section or in section 26P section 26Q Section 26R inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26S: Procedure of court in its advisory jurisdiction 1: The jurisdiction conferred by section 26P 2: Within 20 working days of receiving a request under section 26P 3: Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)— a: exercise the powers in section 67 b: consult with the requestor and parties affected by the advice: c: refer some or all of the issues arising from the request to a mediator for mediation. 4: The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of assisting the Judge with the request for advice. Section 26S inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26T: Procedure of court in making determinations 1: The jurisdiction conferred by section 26Q 2: Within 20 working days of receiving an application under section 26Q 3: The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following: a: if subsection (5) applies, determine the issue without a full or any hearing b: refer the application to the court for hearing and determination: c: exercise the powers in section 67 d: refer issues arising from the application to a mediator for mediation: e: if subsection (6) applies, dismiss or defer consideration of the application. 4: The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of providing advice on the application. 5: The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that— a: the applicant has taken reasonable steps to notify affected parties of the application, and those parties do not oppose the application; or b: the parties have taken reasonable steps to resolve their dispute, as provided for in section 54(3) 6: The Judge may dismiss or defer consideration of an application under subsection (3)(e) if— a: it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or b: it does not present serious issues for determination; or c: the Judge considers it is appropriate to dismiss or defer consideration of the application for another reason. 7: The Judge may choose not to address an application if the Judge is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum. Section 26T inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 Section 26T(3)(a) amended 13 December 2006 section 8 Te Ture Whenua Maori Amendment Act 2006 26U: Powers of court if application referred under section 26T(3)(b) 1: If a matter is referred to the court for hearing and determination under section 26T(3)(b) 1A: However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following: a: if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly: b: exercise the powers in section 67 c: if subsection (3) applies, dismiss or defer consideration of the application: d: request a report from Te Ohu Kai Moana Trustee Limited on any matter the court considers appropriate. 2: The court may make a determination under subsection (1A)(a) if it is satisfied that— a: the applicant has taken reasonable steps to notify affected parties of the application; and b: those parties do not oppose the application. 3: The court may dismiss or defer consideration of an application under subsection (1)(c) if— a: it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or b: it does not present serious issues for determination; or c: the court considers it is appropriate to dismiss or defer consideration of the application for another reason. 4: The court may choose not to address an application if it is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum. 5: The court may, of its own motion or at the request of any party to the proceeding, appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise to assist the court. Section 26U inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 Section 26U heading substituted 13 December 2006 section 9(1) Te Ture Whenua Maori Amendment Act 2006 Section 26U(1) substituted 13 December 2006 section 9(2) Te Ture Whenua Maori Amendment Act 2006 Section 26U(1A) inserted 13 December 2006 section 9(2) Te Ture Whenua Maori Amendment Act 2006 26V: Appointment of mediator 1: A Judge who decides to refer issues to a mediator under section 26S(3)(c) section 26T(3)(d) section 26Z(3)(a) 2: The parties affected by the application may, by agreement among them, appoint as the mediator 1 or more persons with the skills and experience to undertake mediation on issues arising under the Maori Commercial Aquaculture Claims Settlement Act 2004 3: If a mediator is not appointed by agreement under subsection (2), the Judge must— a: appoint a mediator; and b: before doing so, be satisfied that the mediator has the skills and experience to undertake mediation on issues arising under the Maori Commercial Aquaculture Claims Settlement Act 2004 Section 26V inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26W: Judge appointed as mediator 1: A Judge other than the Judge addressing an application may be a mediator. 2: However, a Judge acting as a mediator is to be treated as acting judicially and retains the same immunities as he or she has when acting as a Judge. 3: Despite subsection (2), a Judge who acts as a mediator must not sit as a Judge of the court on any of the same issues. Section 26W inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26X: Conduct of mediation 1: A Judge may advise a mediator of the issues that need to be addressed at mediation. 2: The following persons are entitled to attend and participate in a mediation: a: parties affected and their representatives; and b: any other person with the leave of the Judge addressing the application. 3: A mediator may— a: follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and b: receive any information, statement, admission, document, or other material in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings. 4: Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation, unless the party who produces the material consents to its disclosure. 5: No person may be sued for defamation for statements made in mediation. 6: Statements made and material presented at a mediation are admissible in a subsequent mediation of the same issues, but are not admissible in other proceedings before a person acting judicially, unless the parties participating in the mediation consent to the admission of the statement or material. Section 26X inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26Y: Successful mediation 1: If some or all of the issues referred to mediation are resolved at mediation, the mediator must— a: record the terms of that resolution; and b: deliver them to the Judge. 2: The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the court. Section 26Y inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26Z: Unsuccessful mediation 1: If some or all of the issues referred to mediation are not resolved by mediation, and the mediator believes that those issues are unlikely to be resolved, the mediator must— a: report that lack of resolution to the Judge; and b: state the issues that are unresolved and any issues that have been resolved. 2: Affected parties who participate in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application. 3: Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either— a: refer some or all of the unresolved issues to a mediator for mediation; or b: refer the unresolved issues to the court for hearing and determination or for the provision of advice, as the case may be. 4: A Judge who refers unresolved issues to the court under subsection (3)(b) may be the Judge who hears the matter or provides advice. Section 26Z inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26ZA: Orders and interim orders 1: In making orders under sections 26P to 26Z a: incorporate or restate the terms of an agreement reached by the persons participating in an application: b: incorporate the terms that express the outcome of mediation: c: specify that the order applies for general or specific purposes: d: specify the purpose or purposes for which the order is made: e: specify a date after which the order ceases to have effect: f: in relation to an iwi aquaculture organisation,— i: require new elections or the appointment of office holders in accordance with the constitutional documents of the iwi aquaculture organisation: ii: require the trustee to suspend recognition of an iwi aquaculture organisation until specified changes are made to its constitutional documents: iii: until the Judge or the court is satisfied that the dispute has been satisfactorily resolved, prevent an action to allocate and transfer settlement assets under the Maori Commercial Aquaculture Claims Settlement Act 2004 iv: specify additional conditions or requirements necessary— A: to assist in the timely resolution of the dispute; or B: to prevent prejudice to the interests of the iwi aquaculture organisation or the members of its iwi: g: make orders as to costs under section 79 h: make other orders not inconsistent with the Maori Commercial Aquaculture Claims Settlement Act 2004 2: The Judge or the court, at the request of any party, may also order, as it considers appropriate, that an action referred to in subsection (1)(f)(iii) be subject to an interim injunction until— a: the date specified in the order; or b: the conditions specified in the order are met; or c: a further order is made by the court; or d: the order ceases to have effect. 3: If the court makes an order under subsection (1)(f)(iii) or subsection (2) that an action be prevented or be subject to an interim injunction, as the case may be, the affected assets must be held in trust by the trustee in accordance with section 118B Section 26ZA inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 26ZB: Proceedings where additional members appointed If additional members are appointed under section 26S(4) section 26T(4) section 26U(5) Section 26ZB inserted 1 January 2005 section 3 Te Ture Whenua Maori Amendment Act (No 3) 2004 Other provisions about jurisdiction and powers Heading inserted 16 September 2011 section 5 Te Ture Whenua Maori Amendment Act 2011 27: Governor-General may confer special jurisdiction 1: The Governor-General may, by Order in Council, confer upon the court jurisdiction to determine any claim, dispute, issue, question, or other matter affecting the rights of Maori in any real or personal property, or any other matter that, in the opinion of the Governor-General, properly falls within the field of the special expertise of the court. 2: Any order made by the court in any case referred to it under this section shall have the same effect and shall be dealt with as nearly as may be in the same manner as an order or determination of similar nature made by the court in the exercise of the jurisdiction expressly conferred upon it by this Act. 3: Nothing in this section shall authorise such an extension of the jurisdiction of the court as would remove or modify any statutory restriction or limitation of the jurisdiction of the court, or to confer on the court authority to vary or annul any order or decision of the Maori Appellate Court. 4: An order under subsection (1) is secondary legislation ( see Part 3 1953 No 94 s 31(1), (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 27(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 28: Additional members for purposes of court’s special jurisdiction 1: An Order in Council made under section 27(1) 2: Each additional member shall possess knowledge and experience relevant to the claim, dispute, issue, question, or other matter to which the Order in Council relates. 3: No additional member shall be a Judge of the Maori Land Court. 4: The Order in Council may appoint the additional member or additional members or authorise the Chief Judge to appoint the additional member or additional members. 5: The Chief Judge shall, before appointing any person pursuant to an Order in Council made under section 27(1) 29: Reference to court for inquiry 1: The Minister, the chief executive, or the Chief Judge may at any time refer to the court for inquiry and report any matter as to which, in the opinion of the Minister, the chief executive, or the Chief Judge, it may be necessary or expedient that any such inquiry should be made. 2: A reference under this section shall be deemed to be an application within the ordinary jurisdiction of the Maori Land Court, and the Maori Land Court shall have full power and authority accordingly to hear the matter and to make such report and recommendations on the matter to the Minister, the chief executive, or the Chief Judge as the Maori Land Court thinks proper. 1953 No 94 s 453 30: Maori Land Court’s jurisdiction to advise on or determine representation of Maori groups 1: The Maori Land Court may do either of the following things: a: advise other courts, commissions, or tribunals as to who are the most appropriate representatives of a class or group of Maori: b: determine, by order, who are the most appropriate representatives of a class or group of Maori. 2: The jurisdiction of the Maori Land Court in subsection (1) applies to representation of a class or group of Maori in or for the purpose of (current or intended) proceedings, negotiations, consultations, allocations of property, or other matters. 3: A request for advice or an application for an order under subsection (1) is an application within the ordinary jurisdiction of the Maori Land Court, and the Maori Land Court has the power and authority to give advice and make determinations as the court thinks proper. Section 30 substituted 1 July 2002 section 10 Te Ture Whenua Maori Amendment Act 2002 30A: Intent of sections The intent of section 30 sections 30B to 30I a: to enable and encourage applicants and persons affected by an application under section 30 b: to enable the Chief Judge to facilitate, as far as possible, successful resolution of differences surrounding an application by the persons affected, without adjudication. First section 30A inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 30A: Review of representatives Second section 30A repealed 26 September 2004 section 5(2) Te Ture Whenua Maori Amendment Act (No 2) 2004 30B: Powers of Judge in addressing requests for advice 1: The jurisdiction in section 30(1)(a) 2: Within 20 working days of receiving a request under subsection (1), the Chief Judge must allocate the request either to him or herself or to another Judge to address. 3: The Judge addressing a request for advice may (but is not obliged to) do 1 or more of the following things, before supplying the advice sought: a: exercise the powers in section 67 b: consult with the requestor and persons affected by the advice: c: refer some or all of the issues arising from the request to a mediator for mediation. Section 30B inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 Section 30B(2) substituted 26 September 2004 section 5(3) Te Ture Whenua Maori Amendment Act (No 2) 2004 30C: Powers of Judge in addressing applications for determination 1: The jurisdiction in section 30(1)(b) 2: Within 20 working days of receiving an application under subsection (1), the Chief Judge must allocate the application either to him or herself or to another Judge to address. 3: The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following things: a: determine the most appropriate representatives of a class or group of Maori, and order accordingly, if subsection (5) applies: b: refer the application to the Maori Land Court for hearing and determination: c: exercise the powers in section 67 d: refer some or all of the issues arising from the application to a mediator for mediation: e: dismiss or defer consideration of the application, if subsection (6) applies. 4: The Judge may choose not to address an application if the Judge is satisfied that the issues it presents are governed by another enactment, or another part of this Act, or are more appropriately addressed in another forum. 5: The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that— a: the applicant has taken reasonable steps to notify those persons affected by the application of the application; and b: those persons do not oppose the application. 6: The Judge may dismiss or defer consideration of an application under subsection (3)(e) if— a: it is vexatious, frivolous or an abuse of the Maori Land Court, or fails to satisfy rules of court; or b: it does not present serious issues for determination; or c: the Judge considers it appropriate to dismiss or defer consideration of the application for another reason. Section 30C inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 Section 30C(2) substituted 26 September 2004 section 5(4) Te Ture Whenua Maori Amendment Act (No 2) 2004 30D: Appointment of mediator 1: A Judge who decides to refer issues to a mediator under section 30B(3)(c) section 30C(3)(d) section 30G(3)(a) section 30I(2) 2: The persons affected by the application may, by agreement among them, appoint as mediator a person or persons with the skills and experience to undertake mediation on issues of representation for a class or group of Maori. 3: The Judge must appoint a mediator if a mediator is not appointed by agreement under subsection (2). 4: The Judge must be satisfied, before appointing a mediator, that the mediator has the skills and experience to undertake mediation on issues of representation for a class or group of Maori. 5: A Judge other than the Judge addressing an application may be a mediator; a Judge acting as a mediator is, however, to be treated as acting judicially, and retains the same immunities as when acting as a Judge. 6: Despite subsection (5), a Judge who acts as a mediator must not sit as a Judge of a Maori Land Court on some or all of the same issues. Section 30D inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 30E: Conduct of mediation 1: A Judge may advise a mediator of the issues that need to be addressed at mediation. 1A: The following persons are entitled to attend and participate in a mediation: a: persons affected and their representatives: b: any other person with the leave of the Judge addressing the application. 2: A mediator may— a: follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and b: receive any information, statement, admission, document, or other material, in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings. 3: Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation unless the person who produces the material consents to its disclosure. 4: A person may not be sued for defamation for statements made in mediation. 5: Statements made and material presented at mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially unless the parties participating in the mediation consent to the admission of the statement or material. Section 30E inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 30F: Successful mediation 1: If some or all of the issues referred to mediation are resolved at mediation, the mediator must— a: record the terms of that resolution; and b: deliver them to the Judge. 2: The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the Maori Land Court. Section 30F inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 30G: Unsuccessful mediation 1: If some or all of the issues referred to mediation are not resolved by mediation and the mediator believes that those issues are unlikely to be resolved, the mediator must— a: report that lack of resolution to the Judge; and b: state the issues that are unresolved and any issues that have been resolved. 2: The persons affected participating in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application. 3: Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either— a: refer some or all of the unresolved issues to a mediator for mediation; or b: refer the unresolved issues to the Maori Land Court for hearing and determination or for the provision of advice, as the case may be. 4: A Judge referring unresolved issues to the Maori Land Court under subsection (3)(b) may be the Judge of the Maori Land Court that hears the matter or provides advice. Section 30G inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 30H: Orders 1: In making orders under section 30 sections 30B to 30I a: specify the duties and powers of the representatives of a class or group of Maori and impose conditions on the exercise of those powers: b: incorporate or restate the terms of an agreement reached by the persons participating in an application: c: incorporate the terms that express the outcome of mediation: d: specify that the order applies for general or specific purposes: e: specify the purpose or purposes for which the order is made: f: specify a date after which the order ceases to have effect. 2: Neither a Judge nor the court has jurisdiction to make an order that binds the Crown in relation to applications concerning Treaty settlement negotiations unless the Crown agrees to be bound. Section 30H inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 30I: Review of advice or determination 1: The Maori Land Court may review any advice or determination supplied by it under section 30(1) a: in the case of advice, it is requested to do so by the court, commission, or tribunal at whose request that advice was supplied; and b: in other cases, the Chief Judge is satisfied, on receipt of a written application, that a review is necessary. 2: The court may refer some or all of the issues arising on a review of advice or a determination under subsection (1) to a mediator for mediation. 3: Sections 30D to 30G 4: The court may, on any review under subsection (1), change any advice supplied by it under section 30(1)(a) 5: A review under subsection (1) must be completed within 3 months of receipt of the request or application for review. 6: This section applies to advice given and determinations made under section 30 before Te Ture Whenua Maori Amendment Act 2002 Section 30I inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 Section 30I(6) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 30J: Definition of persons affected In sections 30A to 30G persons affected section 30 Section 30J inserted 1 July 2002 section 11 Te Ture Whenua Maori Amendment Act 2002 31: Additional members for purposes of inquiry 1: Where any matter is referred to the court for inquiry under section 29 2: Each person appointed under subsection (1) shall possess knowledge and experience relevant to the subject matter of the inquiry. 3: The Chief Judge shall, before appointing any person under subsection (1) for the purpose of any inquiry, consult with the parties to the inquiry about the knowledge and experience that any such person should possess. 32: Additional members for purposes of inquiry in relation to matter of tikanga Maori 1: Where a matter of tikanga Maori is referred to the Maori Land Court under section 29 section 31(1) 2: Where subsection (1) applies in relation to any matter of tikanga Maori, every person appointed under section 31 Section 32 heading replaced 6 February 2021 section 11 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 32A: Additional members who know relevant tikanga Maori or whakapapa for proceedings about Maori land 1: In any proceedings before the Maori Land Court that relate to Maori land and are specified by the rules of court, 1 or 2 additional members who have knowledge and experience of tikanga Maori or whakapapa that is relevant to the proceedings may be appointed to the court by— a: the Judge hearing the proceedings; or b: the Chief Judge, if a Judge has not yet been assigned to the proceedings. 2: The additional members must not be Judges of the court. 3: The Judge or Chief Judge may make the appointment of their own motion or at the request of any party to the proceedings. 4: The proceedings and processes of the court cannot be challenged on appeal, or in any other proceedings, on the grounds that an additional member appointed under this section had a tribal affiliation or other relationship with any of the parties unless it is shown that the additional member acted in bad faith. Section 32A inserted 6 February 2021 section 12 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 33: Additional members in relation to matter of representation 1: If the Maori Land Court exercises its jurisdiction under section 30(1) section 30I(1) section 30C(3)(a) 2: Each person appointed under subsection (1) shall possess knowledge and experience relevant to the subject matter of the request. 3: The Chief Judge shall, before appointing any person under subsection (1) for the purpose of any request, consult, as the case may require, with the parties to the proceedings or with persons involved in the negotiations, consultations, allocation, or other matter about the knowledge and experience that any such person should possess. Section 33(1) substituted 1 July 2002 section 12(1) Te Ture Whenua Maori Amendment Act 2002 34: Oath to be taken by additional member Before entering upon the exercise of the duties of his or her office, any additional member of the Maori Land Court or Maori Appellate Court appointed under section 26E(4) 26F(4) 26G(5) 26S(4) 26T(4) 26U(5) 28(1) 31(1) 32A(1) 33(1) section 27(1) Section 34 amended 6 February 2021 section 13 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 35: Fees and allowances There shall be paid to any additional member of the Maori Land Court or Maori Appellate Court appointed under section 26E(4) 26F(4) 26G(5) 26S(4) 26T(4) 26U(5) 28(1) 31(1) 32A(1) 33(1) section 27(1) Fees and Travelling Allowances Act 1951 Section 35 amended 6 February 2021 section 14 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 36: Quorum and decisions 1: Where, for the purposes of any proceedings or matter, an additional member or additional members are appointed to the Maori Land Court under section 26E(4) 26F(4) 26G(5) 26S(4) 26T(4) 26U(5) 28(1) 31(1) 32A(1) 33(1) section 27(1) 2: Where the matter before the court is a matter of tikanga Maori or whakapapa section 30(1) or where the court is constituted under section 33 3: Where the matter before the court is not a matter to which subsection (2) applies, the decision of a majority (including the Judge) of the members present at a sitting of the Maori Land Court shall be the decision of the Maori Land Court. If the members present are equally divided in opinion, the decision of the Judge shall be the decision of the Maori Land Court. 4: If any question before the Maori Land Court cannot be decided in accordance with subsection (2) or subsection (3), the question shall be referred to the Maori Appellate Court for decision in accordance with the practice and procedure of that court, which for that purpose shall have all the powers of the Maori Land Court under this Act. The decision of the Maori Appellate Court in any proceedings under this subsection shall be final and shall take effect and be enforced as if it were a decision of the Maori Land Court under this Act. 5: Where, for the purposes of any proceedings or matter, an additional member or additional members are appointed to the Maori Appellate Court under section 28(1) section 27(1) section 63 section 62 Section 36(1) amended 6 February 2021 section 15(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 36(2) amended 6 February 2021 section 15(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 36(2) amended 1 July 2002 section 12(2) Te Ture Whenua Maori Amendment Act 2002 37: Exercise of jurisdiction generally 1: Subject to any express provisions of this Act or of the rules of court relating to the making of applications, the jurisdiction of the court may be exercised on the application of— a: any person claiming to have an interest in the matter; or b: the Minister or the chief executive or a Registrar. 2: Notwithstanding subsection (1), the court may grant to any person, body, or association leave to make an application to the court for the exercise of its jurisdiction where the court is satisfied— a: that a question of importance to the Maori people or any tribe or group of the Maori people is involved; and b: that, because of the standing of the proposed applicant among the Maori people concerned and the proposed applicant’s relationship to or connection with any land to which the application relates, it is appropriate that leave be granted to the proposed applicant. 3: In the course of the proceedings on any application, the court may, subject to the rules of court, without further application, and upon such terms as to notice to parties and otherwise as the court thinks fit, proceed to exercise any other part of its jurisdiction the exercise of which in those proceedings the court considers necessary or desirable. 1953 No 94 s 27 1974 No 73 s 45 1979 No 136 s 19(3) 38: Powers of court may be exercised by any Judge 1: Any Judge sitting alone, or any 2 or more Judges sitting together, may exercise all the powers of the court. 2: With the consent of the parties, proceedings may be continued before a Judge or Judges other than the Judge or Judges before whom they were commenced. 1953 No 94 s 26 39: Powers of Registrars 1: Without limiting section 38 2: Every order made by a Registrar in the exercise of any jurisdiction or power pursuant to subsection (1) shall be deemed for all purposes to be an order of the court. 40: Power of Judge to refer matter to Registrar 1: Subject to the rules of court, a Judge may refer to a Registrar for inquiry and report— a: any proceedings that require the preparation of any whakapapa; or b: any proceedings that require any prolonged examination of documents or any scientific or local investigation that cannot, in the opinion of the Judge, conveniently be made before the Judge: c: any proceedings where the question in dispute consists wholly or in part of matters of account: d: with the consent of the parties, any other proceedings: e: any question arising in any proceedings. 2: Where any proceedings or questions are referred to a Registrar under this section, a Judge may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and, on consideration of any report or further report, may give such judgment or make such order in the proceedings as may be just. 3: A Judge may, after deciding or reserving any question of liability, refer to the Registrar or to the Registrar and an accountant any mere matter of account that is in dispute between the parties, and, after deciding the question of liability, may give judgment on the Registrar’s report. 1947 No 16 s 62 40A: Judge may convene judicial settlement conference 1: A Judge may convene a judicial settlement conference. 2: The purpose of a judicial settlement conference is to give the parties to a proceeding before the court an opportunity to negotiate the settlement of a claim or an issue. 3: A Judge who convenes a judicial settlement conference may assist the parties in their negotiations, but the Judge must not preside at the hearing of the proceeding (if any) unless— a: all parties taking part in the conference consent; or b: the only matter for resolution at the hearing is a question of law. Section 40A inserted 6 February 2021 section 16 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Orders and rehearings 41: Orders to be pronounced in open court, and minute recorded 1: The substance of every final order of the court shall be pronounced orally in open court. 2: Subject to section 42 3: A minute of the order shall forthwith be entered in the records of the court. 1953 No 94 s 34(1) 42: Commencement of orders 1: Except as may be provided by the rules of court, every order of the court shall be drawn up, sealed, and signed in accordance with the rules of court. 2: Every such order shall be dated as of the date of the minute of the order, and shall relate back to that date. 1953 No 94 s 34(7) 43: Rehearings 1: Subject to subsection (2), on an application made in accordance with the rules of court by any person interested in any matter in respect of which the court has made an order, the Judge by whom the order was made or any other Judge may order a rehearing 2: A rehearing under this section shall not be granted on an application made more than 20 working days 3: An application under this section shall not operate as a stay of proceedings unless the Judge so orders. 4: The rehearing need not take place before the Judge by whom the proceedings were originally heard. 5: On any rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. 6: When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. 7: SR 1948/197 r 230(1), (3), (8) 1953 No 94 s 28 1961 No 129 s 4 1974 No 73 s 46 Section 43(1) amended 17 January 2005 section 103(1) Foreshore and Seabed Act 2004 Section 43(2) amended 6 February 2021 section 17 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 43(7) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Special powers of Chief Judge 44: Chief Judge may correct mistakes and omissions 1: On any application made under section 45 or a Registrar (including an order made by a Registrar before the commencement of this Act) section 160 2: Subject to section 48 3: Notwithstanding anything to the contrary in this Act, the powers conferred on the Chief Judge by this section may be exercised in respect of orders to which the provisions of section 77 4: The powers conferred on the Chief Judge by this section shall not apply with respect to any vesting order made under Part 6 5: The Chief Judge may decline to exercise jurisdiction under this section in respect of any application, and no appeal shall lie to the Maori Appellate Court from the dismissal by the Chief Judge of an application under this section. 1953 No 94 s 452(1), (5), (11), (12) 1967 No 124 s 144(a) 1974 No 73 s 64(1) 1981 No 112 s 6(1) Section 44(1) amended 11 April 2001 section 7(1) Te Ture Whenua Maori Amendment Act 2001 Section 44(4) amended 11 April 2001 section 7(2) Te Ture Whenua Maori Amendment Act 2001 45: Applications for exercise of special powers 1: The jurisdiction conferred on the Chief Judge by section 44 2: On any application under this section, the Chief Judge may require the applicant to deposit in an office of the court such sum as the Chief Judge thinks fit as security for costs, and may summarily dismiss the application if the amount so fixed is not so deposited within the time allowed. 1953 No 94 s 452(1), (2) 46: Powers of Chief Judge in respect of applications 1: The Chief Judge may refer any application under section 45 2: The Chief Judge may state a case for the opinion of the High Court on any point of law that arises in relation to any application made under section 45 section 72 3: The Chief Judge shall have and may exercise in respect of any application under section 45 section 79 1953 No 94 s 452(2), (3), (4) 1965 No 121 s 7 47: Administrative and consequential matters 1: Every order made by the Chief Judge under section 44 2: The Chief Judge may at any time cause duplicates of any order made by the Chief Judge or by any former Chief Judge, or by the Deputy Chief Judge or any former Deputy Chief Judge, under section 44 3: Every such duplicate shall have the word Duplicate 4: All consequential amendments required to be made in any order, record, or document made, issued, or kept by the court, because of any order made by the Chief Judge under section 44 Registrar-General of Land 5: No fee shall be payable under this Act or the Land Transfer Act 2017 1953 No 92 s 452(10), (13) 1958 No 41 s 8 Section 47(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 47(5) amended 12 November 2018 section 250 Land Transfer Act 2017 48: Matters already finalised or pending 1: No order made by the Chief Judge under section 44 2: No payment made in good faith pursuant to or for the purposes of the original order shall be deemed to have been made without lawful authority merely because that order has been cancelled or amended by an order made under section 44 3: Notwithstanding that an application has been made under section 45 section 19(1)(d) 4: Where such an injunction is obtained, the Chief Judge may, in the order made pursuant to the application or by a separate order, determine the persons to whom any money to which the injunction relates shall be paid and their relative shares or interests in the money. 1953 No 94 s 452(8), (9), (15), (16) Exercise of powers by Deputy Chief Judge Heading inserted 13 December 2006 section 10 Te Ture Whenua Maori Amendment Act 2006 48A: Deputy Chief Judge may exercise special powers of Chief Judge The Deputy Chief Judge has and may exercise, subject to the direction of the Chief Judge, the powers, functions, and duties of the Chief Judge under sections 44 to 48 Section 48A inserted 13 December 2006 section 10 Te Ture Whenua Maori Amendment Act 2006 Right of appeal against exercise of special powers Heading inserted 13 December 2006 section 11 Te Ture Whenua Maori Amendment Act 2006 49: Appeals 1: Every order made by the Chief Judge or the Deputy Chief Judge section 44 2: On the determination of any such appeal by the Maori Appellate Court, no further application in respect of the same matter shall be made under section 45 1953 No 94 s 452(6) Section 49(1) amended 13 December 2006 section 12(1) Te Ture Whenua Maori Amendment Act 2006 Section 49(2) amended 13 December 2006 section 12(2) Te Ture Whenua Maori Amendment Act 2006 2: The Maori Appellate Court Constitution of court 50: Maori Appellate Court to continue There shall continue to be a court of record called the Maori Appellate Court, which shall be the same court as that existing under the same name immediately before the commencement of this Part. 1953 No 94 s 37 51: Constitution of court 1: The Judges of the Maori Land Court for the time being shall be the Judges of the Maori Appellate Court. 2: Any 3 or more Judges shall have power to act as the Maori Appellate Court. 3: The Maori Appellate Court may sit in 2 or more divisions at the same time, and each division shall have all the powers and jurisdiction of the Maori Appellate Court. 4: The Chief Judge, or (in the absence of the Chief Judge) the Deputy Chief Judge, or (in the absence of the Chief Judge and the Deputy Chief Judge) either the senior Judge present or another Judge to be appointed in that behalf by the Chief Judge, shall preside in the Maori Appellate Court. 5: Proceedings in the Maori Appellate Court may be continued before Judges other than those before whom they were commenced. 1953 No 94 s 38 1974 No 73 s 48 52: Officers of Maori Land Court to be officers of Maori Appellate Court The Registrars, Deputy Registrars, and other officers of the Maori Land Court shall, without further appointment, act in the same capacity in the Maori Appellate Court. 1953 No 94 s 51 53: Seal 1: The Maori Appellate Court shall have, in the custody of each Registrar, a seal, which shall be the seal of the court and shall be used for sealing documents that require to be sealed. 1A: The seal may be applied to a document physically or electronically. 2: The form of the seal shall be such as the Governor-General from time to time determines. 3: The seal in use at the commencement of this Act shall continue to be the seal of the Maori Appellate Court unless and until a new seal is duly prescribed by the Governor-General. 1953 No 94 s 52 Section 53(1A) inserted 6 February 2021 section 18 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Procedural provisions 54: Successive appeals in respect of same matter Successive appeals to the Maori Appellate Court may be brought in respect of the same order at the suit of different persons, but no matter determined on appeal shall be again brought in question in any other appeal. 1953 No 94 s 44 55: Appeals to be by way of rehearing 1: Every appeal to the Maori Appellate Court shall be by way of rehearing. 2: No party, at the hearing of an appeal, shall be entitled to adduce any evidence that was not adduced at the earlier hearing, but the Maori Appellate Court may allow any such further evidence to be adduced if, in its opinion, it is necessary to enable it to reach a just decision in the case. 3: Nothing in subsection (2) shall prevent the Maori Appellate Court from referring to any record or other document filed or held in the records of the court although that record or document may not have been produced or referred to at the earlier hearing. 4: The evidence adduced at the earlier hearing shall be proved by the records of the Maori Land Court, and no other proof of that evidence shall be admitted except by leave of the Maori Appellate Court. 1953 No 94 s 44A 1962 No 45 s 4 56: Powers of court on appeal 1: On any appeal, the Maori Appellate Court may, by order, do such 1 or more of the following things as it thinks fit: a: it may affirm the order appealed from: b: it may annul or revoke that order, with or without the substitution of any other order: c: it may vary that order: d: it may direct the Maori Land Court to make such other or additional order as the Maori Appellate Court thinks fit: e: it may direct a rehearing by the Maori Land Court of the whole or any specified part of the matter to which the order relates: f: it may make any order that the Maori Land Court could have made in the proceedings: g: it may dismiss the appeal. 2: The Maori Appellate Court, in the exercise of the jurisdiction conferred on it by this section, may exercise, as though it were the Maori Land Court, any of the discretionary powers conferred upon that court. 1953 No 94 s 45 1962 No 45 s 5 57: Decision of majority to be decision of court 1: The decision of the Maori Appellate Court shall be in accordance with the opinion of the majority of the Judges present. 2: If the Judges present are equally divided in opinion, the order appealed from or under review shall be deemed to be affirmed. 1953 No 94 s 39 Jurisdiction and orders 58: Appeals from Maori Land Court 1: Except as expressly provided to the contrary in this Act or any other enactment, the Maori Appellate Court shall have jurisdiction to hear and determine appeals from any final order of the Maori Land Court, whether made under this Act or otherwise. 2: Any such appeal may be brought by or on behalf of any party to the proceedings in which the order is made, or any other person bound by the order or materially affected by it. 3: Every such appeal shall be commenced by notice of appeal given in the form and manner prescribed by the rules of court within 2 months after the date of the minute of the order appealed from or within such further period as the Maori Appellate Court may allow. 1953 No 94 s 42 58A: Further appeal to Court of Appeal from Maori Appellate Court 1: A party to an appeal under section 58 2: On an appeal under subsection (1), the Court of Appeal may make any order or determination it thinks fit. Section 58A inserted 1 January 2004 section 46 Supreme Court Act 2003 58B: Direct appeal to Supreme Court from Maori Appellate Court in exceptional circumstances 1: A party to an appeal under section 58 2: On an appeal under subsection (1), the Supreme Court may make any order or determination it thinks fit. 3: This section is subject to section 75 Section 58B inserted 1 January 2004 section 46 Supreme Court Act 2003 Section 58B(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 59: Appeals from provisional determinations 1: By leave of the Maori Land Court, but not otherwise, an appeal shall lie to the Maori Appellate Court from any provisional or preliminary determination of the Maori Land Court made in the course of any proceedings. 2: Any such appeal may be brought by or on behalf of any person who is materially affected by the determination appealed from, or who would be bound by an order made in pursuance of it. 3: The Maori Land Court may decline leave where it is satisfied that the interests of justice and of the parties would best be served by completing the proceedings before any appeal is made to the Maori Appellate Court. 4: When leave to appeal is so given, the Maori Land Court may either stay further proceedings in the matter or continue the same, but no final order shall be made until the appeal has been finally disposed of or dismissed. 5: When any such appeal has been determined by the Maori Appellate Court, no further appeal shall lie at the suit of any person from any final order made in those proceedings by the Maori Land Court, so far as the order conforms to the determination of the Maori Appellate Court. 6: Where no leave to appeal is sought against any provisional or preliminary determination by the Maori Land Court in any proceedings, the Maori Appellate Court may decline to hear any appeal against the final order of the Maori Land Court made in those proceedings if it is satisfied that the appellant had a reasonable opportunity to appeal against the provisional or preliminary determination and that the point that would be in issue on the appeal is substantially the same as that to which the provisional or preliminary determination related. 1953 No 94 s 43 60: Maori Land Court may state case for Maori Appellate Court 1: The Maori Land Court may, in any proceedings before it, state a case for the opinion of the Maori Appellate Court on any point of law that arises in those proceedings. 2: Any case stated under this section may be removed into the High Court under section 72 3: Subject to removal or appeal under section 72 61: High Court may state case for Maori Appellate Court 1: Where— a: any question of fact relating to the interests or rights of Maori in any land or in any personal property arises in the High Court; or b: any question of tikanga Maori arises in the High Court,— that court may state a case and refer the same to the Maori Appellate Court. 2: The Maori Appellate Court shall— a: consider any case referred to it under subsection (1); and b: transmit a certificate of its opinion on the matter to the High Court. 3: The High Court may refer back any case to the Maori Appellate Court for further consideration. 4: Subject to subsection (3), where the High Court has stated a case for the opinion of the Maori Appellate Court on any question of tikanga Maori, the opinion of the Maori Appellate Court on that question shall be binding on the High Court. 62: Additional members with knowledge and experience in tikanga Maori 1: Notwithstanding anything in any other provision of this Act, where any case is stated under section 61(1)(b) a: 3 Judges of the Maori Land Court; and b: 1 or 2 other members (not being Judges of the Maori Land Court) to be appointed by the Chief Judge. 2: Each person appointed under subsection (1)(b) shall possess knowledge and experience of tikanga Maori. 3: The Chief Judge shall, before appointing any person under subsection (1)(b) for the purpose of any hearing, consult with the parties to the proceedings about the knowledge and experience of tikanga Maori that any such person should possess. 4: Before entering upon the exercise of the duties of his or her office, any member of the Maori Appellate Court appointed under subsection (1)(b) shall take an oath before a Judge of the Maori Land Court that he or she will faithfully and impartially perform the duties of his or her office. 5: There shall be paid to any member of the Maori Appellate Court appointed under subsection (1)(b), out of public money, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 63: Quorum and decision of court 1: Where, in relation to any proceedings, the Maori Appellate Court is constituted under section 62 2: The decision of a majority of the members shall be the decision of the Maori Appellate Court. 3: The decision of the Maori Appellate Court in every case shall be signed by the presiding member, and may be issued by the presiding member or by any other member of the Maori Appellate Court or by the Registrar of the Maori Appellate Court. 64: Commencement of orders 1: Every order made by the Maori Appellate Court shall, subject to the provisions of this section, take effect or be deemed to have taken effect on a date to be specified in the order. 2: Different dates may be fixed by the Maori Appellate Court as the dates for the commencement of different provisions of any order. 3: In so far as an order of the Maori Appellate Court varies an order of the Maori Land Court, the order of the Maori Appellate Court may be made to take effect on a date not earlier than the date on which the order so varied would have taken effect if there had been no appeal. 4: Any order made by the Maori Land Court by direction of the Maori Appellate Court pursuant to section 56(1)(d) section 42 5: If in any case the Maori Appellate Court fails to specify the date on which the order of the court shall take effect, it shall take effect on the commencement of the day of the date of the minute of the order entered in the records of the Maori Appellate Court. 1953 No 94 s 47 3: Provisions relating to both courts 65: Application The provisions of this Part apply in respect of the Maori Land Court and the Maori Appellate Court unless they are expressly excluded by another enactment 1953 No 94 s 53 Section 65 amended 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Procedural provisions 66: Conduct of proceedings generally 1: Any Judge conducting or presiding over any hearing may— a: apply to the hearing such rules of marae kawa as the Judge considers appropriate: b: make any ruling on the use of te reo Maori during the hearing, additional to the rights provided by section 68 2: Proceedings before the court shall be conducted in such a way as, in the opinion of the Judge conducting or presiding over the proceedings, will best avoid unnecessary formality. 3: Nothing in subsection (1) or subsection (2) shall derogate from any of the powers a Judge has to ensure that the proceedings of the court are conducted in a proper manner. 4: No appeal shall lie against any decision of a Judge made for the purposes of this section. 67: Powers of Judge to call conference and give directions 1: For the purpose of ensuring that any application or intended application may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a Judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as the Judge thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a Judge. 2: At any such conference, the Judge presiding may do all or any of the following things: a: with the consent of the applicant, amend the application to give better effect to the applicant’s intention: b: settle the issues to be determined: c: give directions as to service, and as to the public notification of the application and any hearing: d: direct by whom and by what time any notice of intention to appear, or any statement in reply, shall be filed: e: direct the filing of further particulars by any party: f: direct further research by any party, or by the Registrar from the court records: g: direct the filing by any party of any valuation, land use, or other report that may assist the court in determining any matter in issue: h: fix a time by which affidavits or other documents shall be filed: i: exercise any powers of direction or appointment vested in the court or a Judge by the rules of court in respect of applications of the class with which the Judge is dealing: j: give such consequential directions as may be necessary: k: fix a time and place for the hearing of the application. 3: Notwithstanding any of the foregoing provisions of this section, a Judge may, at any time before the hearing of an application has been commenced, exercise any of the powers specified in subsection (2) without holding a conference under subsection (1). 1972 No 130 s 10 1977 No 32 s 14 68: Parties and witnesses may use Maori language Without limiting anything in Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 1975 No 147 Schedule 2 cl 6 Section 68 amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 69: Evidence in proceedings 1: The court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter that, in the opinion of the court, may assist it to deal effectively with the matters before it, whether the same would, apart from this section, be legally admissible in evidence or not. 2: The court may itself cause such inquiries to be made, call such witnesses (including expert witnesses), and seek and receive such evidence, as it considers may assist it to deal effectively with the matters before it, but shall ensure that the parties are kept fully informed of all such matters and, where appropriate, given an opportunity to reply. 3: Subject to the foregoing provisions of this section, the Evidence Act 2006 1953 No 94 s 54 Section 69(3) amended 1 August 2007 section 216 Evidence Act 2006 70: Representation of parties, etc 1: Any party or other person entitled to appear in any proceedings in the court may appear— a: personally; or b: by a barrister or solicitor of the High Court; or c: with the leave of the court, by any other agent or representative. 2: Any leave under subsection (1)(c) may be given on such terms as the court thinks fit, and may at any time be withdrawn. 3: In any proceedings under this Act, the court may appoint a barrister or solicitor— a: to assist the court, where any application before the court is unopposed and the court considers that it should hear argument on any point; or b: to represent any person or class of person, where the court considers that the interests of that person or class of person could be affected by any order that may be made in the proceedings. 4: A barrister or solicitor appointed under subsection (3) may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the court. 1953 No 94 s 58 71: Court may amend proceedings 1: In the course of any proceedings, the court may, on the application of any party or of its own motion, amend any defects or errors in the proceedings. 2: All such amendments may be made on such terms as the court thinks fit. 1953 No 94 s 59 72: Case may be stated for High Court 1: The Maori Appellate Court or, with the leave of the Chief Judge, the Maori Land Court, may, in any proceedings before it 2: The Chief Judge may withdraw any such case at any time before it has been considered by the High Court. 3: The decision of the High Court on any case stated under this section shall be subject to appeal to the Court of Appeal, and any case so stated for the opinion of the High Court may be removed into the Court of Appeal for hearing. 4: 1953 No 94 s 67 Section 72(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 72(4) repealed 1 January 2004 section 48(2) Supreme Court Act 2003 General provisions as to orders 73: Orders may be made subject to conditions 1: Any order may be made subject to the performance of any condition within such period as may be specified in the order. 2: Notwithstanding anything in section 42 3: Where an order has been made subject to the performance of any conditions, the court may, without further application but subject to the giving of such notices (if any) as the court may direct,— a: amend or cancel the order on the failure to comply with the condition within the specified period; or b: extend that period for such further time as the court thinks fit. 1953 No 94 s 34(8A) 1961 No 129 s 5(2) 74: Orders not invalid for want of form, etc 1: No order made by the court shall be invalid merely because of any error, irregularity, or defect in its form, or in the practice or procedure of the court. 2: No order shall be questioned or invalidated on the ground of any variance between the order as drawn up, sealed, and signed and the minute of the order; and, in the case of any such variance, the order shall prevail. 1953 No 94 ss 34(8), 64(2) 75: Orders nominally in favour of deceased persons 1: No order shall be invalid merely because it is made in favour or otherwise in respect of any person who is deceased at the time of the making, sealing, or date of the order. 2: In any such case, the order may, except as otherwise provided in this Act, at any time be amended by the court so as to conform to the facts of the case as existing at the date of the order, and any such amendment shall take effect from the date of the amended order. 1953 No 94 s 35 76: Persons bound by orders affecting land Every order of the court affecting the title to Maori land or any interest in any such land shall bind all persons having any estate or interest in that land, whether or not they were parties to or had notice of the proceedings in which the order was made, and whether or not they are subject to any disability. 1953 No 94 s 63 77: Orders affecting Maori land conclusive after 10 years 1: No order made by the court with respect to Maori land shall, whether on the ground of want of jurisdiction or on any other ground whatever, be annulled or quashed, or declared or held to be invalid, by any court in any proceedings instituted more than 10 years after the date of the order. 2: Where there is any repugnancy between 2 orders each of which would otherwise, by reason of the lapse of time, be within the protection of this section, then, to the extent of any such repugnancy, the order that bears the earlier date shall prevail, whether those orders were made by the same or different courts. 3: Nothing in this section shall limit or affect the authority of the Chief Judge to cancel or amend any order under section 44 1953 No 94 s 68 1967 No 124 s 144(2) 1974 No 73 s 64(2) 78: Exemptions from stamp duty Section 78 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 79: Orders as to costs 1: In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those proceedings, or of any proceedings or matters incidental or preliminary to them, by or to any person who is or was a party to those proceedings or to whom leave has been granted by the court to be heard. 2: The court may make an order under subsection (1) for the payment of costs by or to any person notwithstanding that that person is then deceased. 3: Where the court is satisfied that any party to the proceedings has acted, not only on his or her own behalf, but on behalf of other persons having a similar interest in the proceedings, the court shall have the same power to make an order for the payment of the costs of those proceedings by those other persons as it has under subsection (1) in respect of that party. 4: At any stage of any proceedings, the court may require any party to deposit any sum of money as security for costs, and, in default of that deposit being made, the court may stay or dismiss the proceedings either wholly or in respect of the party so in default. 5: When any sum has been so deposited as security for costs, it shall be disposed of in such manner as the court directs. 6: In any proceedings, the court may make an order charging the whole or any part of the costs of the proceedings, and of any charges, fees, or expenses that, in the opinion of the court, were reasonably and properly incurred by any party to the proceedings or by any other person for the purposes of or in relation to the proceedings, upon any land or interest in land or any revenues derived from any land or interest in land to which the proceedings relate, whether or not any other order is made in the proceedings in relation to the land. 7: Any order made under this section for the payment of costs or imposing a charge for costs may, when made in open court, either specify the sum or sums so payable or charged, or leave the amount to be determined by taxation in accordance with the rules of court; but, in the latter case, the order as drawn up and sealed shall specify the sum or sums so determined by taxation. 1953 No 94 s 57 1962 No 45 s 6 1974 No 73 s 49 80: Taxation of costs 1: All costs, charges, or expenses charged or chargeable to any party in connection with or incidental to the prosecution of or opposition to any claim or application to the court shall be subject to taxation in accordance with this section. 2: On application by or on behalf of the person chargeable, the court may either tax any such costs, charges, or expenses or refer the same to the Registrar or other officer of the court for taxation. 3: The court may order a bill of items to be supplied for the purpose of any such taxation, or the taxing officer may require the production of such a bill. 4: Any such costs, charges, or expenses shall be subject to taxation although the person chargeable may have entered into an agreement as to the amount to be paid, and, if the court or taxing officer thinks the agreement to be unfair or unreasonable, the court or taxing officer may reduce the amount payable under the agreement. 5: The court or taxing officer shall certify in writing the amount that should, in fairness to the parties, be paid in respect of any such costs, charges, or expenses, and the amount so certified shall be deemed to be the amount properly payable by the person chargeable. 6: This section shall not apply to any costs, charges, or expenses that are liable to taxation and review in accordance with the provisions of Part 8 1953 No 94 s 451 81: Enforcement of orders for payment of money 1: For the purpose of enforcing any order made by the court for the payment of money, a Judge may, on the application of any party or of the Judge’s own motion, transmit a copy of the order, under the Judge’s hand and the seal of the court by which the order was made, to the District Court 2: On the filing of a copy of any such order, the order shall, so long as it remains in force, be deemed to be a judgment of the District Court in an action for the recovery of a debt, and may be enforced accordingly as if the order had been made in a proceeding of the District Court 3: For the purposes of this section, a certificate under the hand of a Judge of the Maori Land Court, with reference to any proceedings of that court or of the Maori Appellate Court in the matter in which the order to be enforced was made, or setting forth any particulars relating to the performance or non-performance by any person of the requirements of that order, shall, unless the contrary is proved, be accepted by the District Court, and by all officers of that court, as sufficient evidence of the facts so certified. 4: The filing in the District Court under this section of a copy of an order made by the Maori Land Court or the Maori Appellate Court shall not limit or affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order. 1953 No 94 s 65 Section 81(1) amended 1 March 2017 section 261 District Court Act 2016 Section 81(2) amended 16 September 2011 section 6 Te Ture Whenua Maori Amendment Act 2011 81A: Enforcement of orders for recovery of land 1: If the court makes an order for the recovery of land, it may, on the application of any party or of its own motion, transmit a sealed copy of the order to whichever of the High Court or District Court may enforce the order (the enforcing court 2: The Registrar of the enforcing court must file the copy as a record of the enforcing court, and the order then— a: is treated as having been made by the enforcing court; and b: may be enforced by the enforcing court. 3: The court may also transmit a certificate to the enforcing court that sets out any matter relating to the order and the related proceedings, including any person’s breach of or compliance with the order. 4: The certificate is sufficient evidence of the matters it contains, unless the contrary is proved. 5: The filing of the copy of the order does not limit or affect any right or power of rehearing, appeal, amendment, or cancellation in respect of the order. Section 81A inserted 6 February 2021 section 19 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 82: Charging orders 1: Without limiting anything in section 81 a: any Maori land; or b: any legal or equitable interest in any Maori land; or c: any revenues derived from any Maori land; or d: the proceeds of the alienation of any Maori land,— to which the person liable to pay the money is entitled. 2: Subject in the case of any interest in land to registration under subsection (6), the property shall become subject to a charge accordingly in favour of the person to whom for the time being and from time to time the money is or becomes payable. 3: A charging order shall specify, in such manner as to identify it, the property on which the charge is imposed. 4: A charging order may at any time be varied or discharged by the court. 5: Nothing in section 123 Accident Compensation Act 2001 6: Where a charging order is made in respect of a registered estate or interest in any land, a duplicate or copy of the order under the seal of the court may be delivered for registration to the Registrar-General of Land if the title to the land is under the Land Transfer Act 2017 Mining Act 1971 Registrar-General of Land 7: The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate record of title, or in the Deeds Register Office 8: An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order. Section 82(5) substituted 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 82(5) amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 82(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 82(7) amended 12 November 2018 section 250 Land Transfer Act 2017 83: Appointment of receiver to enforce charges, etc 1: When, by or pursuant to this Act or any other enactment, any charge has been imposed upon— a: any Maori land; or b: any legal or equitable interest in any Maori land; or c: the revenue derived from any Maori land; or d: the proceeds of the alienation of any Maori land,— the court may at any time and from time to time, for the purpose of enforcing that charge, appoint the Māori Trustee 2: The court shall not appoint the Māori Trustee Māori Trustee 3: If, in any proceeding before the court, the title to any property that is the subject matter of that proceeding is in dispute, the court may, pending the determination by it of the dispute, appoint the Māori Trustee 4: Subject to subsection (5), a receiver appointed under this section shall have all such rights, powers, duties, and liabilities as may be expressly conferred or imposed on the receiver by the court, and such other incidental powers as may be reasonably necessary for the exercise of the powers so conferred. 5: No receiver appointed under this section shall have power to sell any Maori land, or to lease any such land otherwise than as provided in subsection (6). 6: Notwithstanding any of the provisions of this Act as to the alienation of Maori land, a receiver appointed under this section for the purpose of enforcing a charge may, in the receiver’s own name and with the leave of the court, grant leases of any land so charged, or licences to remove timber, flax, kauri gum, minerals, or other substances from the land, for any term not exceeding 21 years (including any term or terms of renewal) 7: Any lease or licence so granted in respect of land subject to the Land Transfer Act 2017 8: Where a receiver has performed the functions for which he or she was appointed, or where the court is satisfied for any other reason that the receiver should be discharged, the court may make an order for the discharge of the receiver, and may, if necessary, appoint some other person to be a receiver in place of the receiver so discharged. 9: Where the receiver applies for discharge, the receiver shall file final accounts with the application, and, except where the receiver is the Māori Trustee 1953 No 94 s 33 1964 No 46 s 5 Section 83(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 83(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 83(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 83(6) amended 11 April 2001 section 8 Te Ture Whenua Maori Amendment Act 2001 Section 83(7) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 83(9) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 84: Court may order repayment out of money held by trustee, etc If, in any case to which paragraph (a) or paragraph (b) of subsection (1) of section 83 Māori Trustee Māori Trustee Māori Trustee Section 84 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 85: Enforcement by High Court of injunctions 1: For the purpose of enforcing any injunction issued by the court, the Chief Judge may, on the application of any party or of the Chief Judge’s own motion, transmit a copy of the injunction, under the hand of the Chief Judge and the seal of the court by which the injunction was issued, to any Registrar of the High Court, who shall file it as of record in that court. 2: On the filing of a copy of any such injunction, the injunction shall be deemed to have been issued by the High Court, and may be enforced by writ of attachment or otherwise in accordance with the practice of that court. 3: For the purposes of this section, a certificate under the hand of a Judge of the Maori Land Court, with reference to any proceedings of that court or of the Maori Appellate Court in the matter in which the injunction was issued, or setting forth any particulars relating to the performance or non-performance by any person of the requirements of that injunction, shall, unless the contrary is proved, be accepted by the High Court and by all officers of that court as sufficient evidence of the facts so certified. 4: The filing in the High Court under this section of a copy of an injunction issued by the Maori Land Court or the Maori Appellate Court shall not limit or affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order. 1953 No 94 s 66(1)–(4) Amendment of orders, warrants, and records 86: Amendment of orders, warrants, etc 1: The court or any Judge of the court may at any time make or authorise to be made in any order, warrant, record, or other document made, issued, or kept by the court all such amendments as are considered necessary to give effect to the true intention of any decision or determination of the court, or to record the actual course and nature of any proceedings in the court. 2: Every such amendment shall take effect as of the date of commencement of the order, warrant, record, or other document so amended. 3: Without limiting the foregoing provisions of this section, the court may at any time during any proceedings direct the Registrar to make any amendment of any entry in the records of the court that the Registrar is authorised to make under section 87 1953 No 94 s 60 87: Amendment of names of land owners in court records and titles On the application of an owner of Maori freehold land, the Registrar may by order amend any entry in the records of the court, or in any certificate or other instrument of title relating to the interest of the applicant in the land, if the Registrar is satisfied that an amendment is necessary to show correctly the name or description of the applicant, or the name by which the applicant is or desires to be commonly known, including, where the applicant is a married woman, her married name, or to distinguish between 2 or more persons having the same or similar names. 1953 No 94 s 60A 1974 No 144 s 3 88: Amendment or cancellation of orders not to affect acquired rights 1: Where, whether pursuant to any provision of section 86 section 87 2: If any order or other document so amended or cancelled has previously been registered by the Registrar-General of Land the Registrar-General of Land 1953 No 94 s 61 Section 88(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Contempt of court 89: Failure to comply with summons, etc 1: Every person commits an offence who, after being summoned to attend to give evidence before the court or to produce to the court any papers, documents, records, or things, without sufficient cause— a: fails to attend in accordance with the summons; or b: refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the court to answer; or c: fails to produce any such paper, document, record, or thing. 2: Every person who commits an offence against this section is liable on 3: No person summoned to attend the court shall be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed by the rules of court. 1908 No 25 s 9 1980 No 2 s 4 Section 89(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 90: Application of Contempt of Court Act 2019 1: Subparts 2 4 sections 25 26(1) and (2) 2: Those provisions apply to proceedings of the Maori Land Court and the Maori Appellate Court as if— a: references to a court include the Maori Land Court and the Maori Appellate Court; and b: references to a judicial officer or to a Judge include a Judge of the Maori Land Court or the Maori Appellate Court; and c: references to an officer of the court in those provisions include an officer of the Maori Land Court or the Maori Appellate Court. Section 90 replaced 26 August 2020 section 29 Contempt of Court Act 2019 91: Obstructing officers of court Every person commits an offence and is liable on 1953 No 94 s 70 Section 91 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Rules of court 92: Constitution of Rules Committee 1: For the purposes of section 95 a: the Chief Judge: b: 1 other Judge appointed by the Chief Judge: c: a person nominated by the New Zealand Maori Council and appointed by the Chief Judge: d: the chief executive of the Ministry of Justice e: the chief executive or a person nominated by the chief executive: f: a person appointed by the Minister of Maori Affairs and the Minister of the Crown who is responsible for the Ministry of Justice g: a barrister or solicitor of the High Court nominated by the Council of the New Zealand Law Society and appointed by the Chief Judge: h: not more than 2 other persons appointed by the Minister. 2: Each appointed member shall hold office for such term, not exceeding 3 years, as may be specified in his or her instrument of appointment, but may from time to time be reappointed. 3: Any appointed member may resign by notice in writing to the Chief Judge or the Minister, as the case may require. 4: Without limiting section 8(4) 1953 No 94 s 70A(1)–(2) 1980 No 67 s 3(1) 1991 No 39 s 4(1) Section 92(1)(d) substituted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 92(1)(d) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 92(1)(f) substituted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 92(1)(f) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 93: Fees and travelling allowances 1: The Rules 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 out of money appropriated by Parliament for the purpose to the members of the Rules Committee such fees, allowances, travelling allowances, and expenses as may be fixed in accordance with the Fees and Travelling Allowances Act 1951 1953 No 94 s 70A(3), (4) 1980 No 67 s 3(1) 94: Principal function of Rules Committee The principal function of the Rules Committee shall be to review and keep under review the rules of court, and from time to time to make such recommendations to the Minister as it thinks fit for the amendment or revocation of any rules or the making of any new rules, to ensure that the rules are such as to facilitate the prompt, inexpensive, and just dispatch of the business of the court and the administration of justice in the court. 1953 No 94 s 70A(5) 1980 No 67 s 3(1) 95: Rules of court 1: The Governor-General, with the concurrence of the Chief Judge and any 2 or more of the other members of the Rules Committee, may from time to time, by Order in Council, make rules of court for the purposes of facilitating the prompt, inexpensive, and just dispatch of the business of the court. 2: The power of making rules under this section shall extend to all matters of practice or procedure and matters relating to or concerning the effect or operation in law of any practice or procedure in any case within the jurisdiction of the court; but shall not extend to the prescribing of fees. 3: Without limiting the generality of the foregoing provisions of this section, rules of court may be made in respect of all or any of the following matters: a: prescribing forms to be used for the purposes of any proceedings before the court: b: prescribing the district or office in which proceedings are to be commenced, and the procedure to be adopted where proceedings are commenced in c: prescribing the circumstances in which proceedings may be transferred from one district to another, and the procedure consequent on such transfer: d: prescribing the form of the records of the court and providing for the custody of such records: e: providing for the receipt of and accounts for all money paid into or out of court: f: providing for the appointment and public notification of sitting days of the court, empowering any Judge to appoint special sittings of the court at such places and times as the Judge thinks fit, and authorising any Judge to hold a sitting of the court at any place where the court does not usually sit: fa: prescribing the class or classes of proceedings that relate to Maori land for which 1 or 2 additional members with relevant knowledge and experience of tikanga Maori or whakapapa may be appointed to the court under section 32A g: providing for the public notification of applications to the court, and prescribing the circumstances in which any application or class of applications may be disposed of without public notification and without a hearing: h: prescribing the manner in which and the procedure by which witnesses are to be summoned to appear before the court: i: prescribing the circumstances and manner in which and the procedure by which any Registrar may take evidence for use in any proceedings before the court: ia: prescribing any matters relating to the resolution of disputes under Part 3A j: authorising a Registrar to hear and determine any uncontested proceedings, or to conduct and report upon any inquiry: k: prescribing the class or classes of proceedings in which the jurisdiction and powers of the court may be exercised by a Registrar in accordance with section 39 ka: providing for any matter of practice or procedure for the purposes of section 113A(5) 235A(6) l: prescribing, according to the nature of the proceedings and the amount involved, the costs and charges to be paid by any party in any proceedings before the court to any other party, in addition to the money paid out of pocket: m: providing for the drawing up in writing, sealing, and signing of orders of the court, or the minuting and other evidencing of any such orders or class of order, and the issuing of duplicate orders for evidentiary and registration purposes; and prohibiting the formal issuing of any order until the time for appeal has expired and any conditions attached to the order have been fulfilled or security for the performance of any such conditions has been given to the satisfaction of the court, or until any necessary plan sufficient for the purposes of registration under the Land Transfer Act 2017 n: prescribing the terms and conditions on which appeals to the Maori Appellate Court may be brought, prosecuted, or withdrawn: o: requiring any appellant to give security for the costs of the appeal, and providing for the dismissal of an appeal by the Maori Land Court or by a Judge of that court on the ground of the failure of the appellant to conform to any such requirement, or to prosecute the appeal in accordance with the rules: p: prescribing the classes of person before whom affidavits, declarations, or affirmations to be used in any proceedings before the court may be sworn or made within or outside New Zealand. 4: Rules of court made under this section shall take effect from the date specified in that behalf by the Order in Council by which the rules are made. 5: Rules of court under this section are secondary legislation ( see Part 3 1953 No 94 ss 25, 40 1980 No 67 s 3(2), (3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 95(3)(b) substituted 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Section 95(3)(b) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 Section 95(3)(fa) inserted 6 February 2021 section 20(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 95(3)(ia) inserted 6 February 2021 section 20(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 95(3)(ka) inserted 6 February 2021 section 20(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 95(3)(m) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 95(3)(m) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 95(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Fees 96: Regulations 1: Notwithstanding anything in section 95 a: prescribing the matters in respect of which fees are payable under this Act: b: prescribing scales of fees for the purposes of this Act and for the purposes of any proceedings before the Maori Land Court or the Maori Appellate Court, whether under this Act or any other enactment: c: prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies: d: conferring on a Judge, a Registrar, a Deputy Registrar, or any other person the power to determine the amount of the fee payable in a particular case and whether any fees should be refunded, remitted, or reduced. 2: Regulations under this section are secondary legislation ( see Part 3 1953 No 94 s 70B 1991 No 39 s 5(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Miscellaneous provisions 97: Practice notes The Chief Judge, with the concurrence of at least 2 other Judges, may from time to time, for the guidance of parties to any class or classes of proceedings and their advisers, issue such instructions or suggestions (not being inconsistent with this Act or the rules of court) by way of practice notes as may be necessary or desirable for the proper conduct of such proceedings. 1953 No 94 s 25A 1976 No 148 s 3 98: Maori Land Court Special Aid Fund 1: There shall be paid out of public money into a fund to be known as the Maori Land Court Special Aid Fund (in this section referred to as the Fund 2: The Fund shall be held by the Chief Registrar of the Maori Land Court. 3: The court may from time to time make orders for the payment from the Fund of the reasonable legal costs or the reasonable out-of-pocket expenses or both of— a: any person or class of person heard or represented in any proceedings before the court: b: any barrister or solicitor appointed to assist the court under section 70(3)(a) c: 3A: 4: A duplicate of any order made by the court under subsection (3) shall be forwarded Legal Services Commissioner 5: No person in whose favour an order has been made under subsection (3) may apply for or be granted assistance under the Legal Services Act 2000 6: Where an order is made under subsection (3), the court may also make an order charging any real or personal property of the person or class of person in whose favour the first order is made, or of any other owners whose interests are or could have been affected by any order made in the proceedings to which the grant of aid relates, with the whole or any part of the amount so ordered to be paid out of the Fund, and fixing the terms and conditions on which the amount charged is to be repaid. 7: Every charge created by an order of the court under subsection (6) shall be in favour of the Māori Trustee 8: Any such charge may be registered against any interest in land to which it relates in accordance with Part 5 9: Except as the court may otherwise order, there shall also be paid out of the Fund— a: the reasonable fees and reasonable expenses of any accountant to whom a Judge refers a matter under section 40(3) aa: the reasonable fees and reasonable expenses of any person the Registrar is directed, by the Judge, to engage to assist with an inquiry and report under section 40 ab: the reasonable fees and reasonable expenses of a mediator to whom a Judge refers matters under section 30B(3)(c) section 30C(3)(d) section 30G(3)(a) section 30I(2) b: all reasonable costs and reasonable out-of-pocket expenses of any person called by the court as a witness under section 69(2) c: the reasonable fees and reasonable expenses of any barrister or solicitor appointed under section 70(3) d: the reasonable fees and reasonable expenses of any person appointed as a receiver under section 83 e: the reasonable fees and reasonable expenses of any person appointed as an examining officer under section 280 1953 No 94 s 57A 1974 No 73 s 50 Section 98(3)(c) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 98(3A) repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 98(4) amended 6 February 2021 section 21 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 98(4) amended 1 July 2011 section 144 Legal Services Act 2011 Section 98(5) amended 1 February 2001 section 128 Legal Services Act 2000 Section 98(7) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 98(9)(aa) inserted 1 July 2002 section 13 Te Ture Whenua Maori Amendment Act 2002 Section 98(9)(ab) inserted 1 July 2002 section 13 Te Ture Whenua Maori Amendment Act 2002 98A: Information regarding reserved judgments The Chief Judge must, in consultation with the Chief Justice,— a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and b: periodically publish information about the number of judgments of the court that he or she considers are outstanding beyond a reasonable time for delivery; and c: publish information about reserved judgments that he or she considers is useful. Section 98A inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 98B: Recusal guidelines The Chief Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding. Section 98B inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 98C: Judge may make order restricting commencement or continuation of proceeding 1: A Judge may make an order restricting a person from commencing or continuing proceedings in the court. 2: The order may have— a: a limited effect (a limited order b: an extended effect (an extended order 3: A limited order restrains a party from commencing or continuing proceedings on a particular matter in the court. 4: An extended order restrains a party from commencing or continuing proceedings on a particular or related matter in the court. 5: Nothing in this section limits the court’s inherent power to control its own proceedings. Section 98C inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 98D: Grounds for making section 98C order 1: A Judge may make a limited order under section 98C 2: A Judge may make an extended order under section 98C 3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application or appeal involving the party to be restrained, but is not limited to those considerations. 4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons. 5: For the purpose of this section and sections 98E 98F Section 98D inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 98E: Terms of section 98C order 1: An order made under section 98C 2: An order made under section 98C Section 98E inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 98F: Procedure and appeals relating to section 98C orders 1: A party to any proceeding may apply for a limited order or an extended order. 2: A Judge may make an order under section 98C section 98C order 3: An application for leave to continue or commence a civil proceeding by a party subject to a section 98C 4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice. 5: A Judge’s determination of an application under subsection (3) for leave is final. 6: The party against whom a section 98C 7: The appellant in an appeal under subsection (6) or the applicant for the section 98C 8: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be. Section 98F inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 98G: References to Judge in sections 98C to 98F The functions and powers of a Judge under sections 98C to 98F Section 98G inserted 1 March 2017 section 10 Te Ture Whenua Maori Amendment Act 2016 3A: Dispute resolution Part 3A inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98H: Matters to which this Part applies 1: This Part applies to any matter over which the Maori Land Court has jurisdiction other than— a: a matter to which section 26B 26C Maori Fisheries Act 2004 b: a matter to which section 26P 26Q Maori Commercial Aquaculture Claims Settlement Act 2004 c: a matter to which section 30(1) 2: In this Part, parties parties to a dispute Section 98H inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98I: Purpose of this Part The purpose of this Part is to assist the parties to a dispute (including owners of Maori land) to quickly and effectively resolve any disputed issues— a: between themselves; and b: in accordance with the law; and c: as far as possible, in accordance with the relevant tikanga of the whanau or hapu with whom they are affiliated, for both the process and the substance of the resolution. Section 98I inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98J: Mediation is always voluntary 1: An issue may be referred to mediation only if all the parties agree to mediation. 2: An issue may be mediated only while all the parties still agree to mediation. 3: This section overrides the rest of this Part (for example, sections 98L 98Q(3)(a) 98R(3) Section 98J inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98K: Powers of Judge or Registrar subject to rules of court If there are any relevant rules of court, a Judge or Registrar may exercise a power under this Part only in accordance with those rules. Section 98K inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98L: Dispute may be referred to mediation 1: If there are court proceedings about a matter, the Judge hearing the proceedings may refer any issue arising from the matter to a mediator— a: at the Judge’s initiative; or b: on the request of any party to the disputed issue who is a party to the proceedings. 2: If there are not court proceedings about a matter, any party to a disputed issue arising from the matter may apply to a Registrar to have the issue referred to a mediator. 3: The Registrar may refer the issues— a: to a mediator, if the Registrar is satisfied that mediation is likely to be effective; or b: to a Judge to decide whether to refer it to a mediator, in any other case. 4: In deciding whether to refer an issue to a mediator, the Judge or Registrar may hold a conference of the parties to the dispute. Section 98L inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98M: Appointment of mediator 1: Either 1 or 2 persons must be appointed as the mediator, each with the skills and experience to mediate the issues referred to them. 2: The chief executive must record a list of persons whom the chief executive has approved as mediators under this Part. 3: The parties to a dispute may appoint the mediator by agreement— a: from the list of approved persons; or b: from beyond that list if— i: the parties consider that it is justified in the circumstances; and ii: the appointment is approved by the chief executive and the Judge or Registrar who referred the issues to a mediator. 4: If the parties do not agree on the mediator, the Judge or Registrar who referred the issues to a mediator must, after consulting the parties, appoint the mediator— a: from the list of approved persons; or b: from beyond that list if the appointment is approved by the chief executive. 5: In this section, chief executive Section 98M inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98N: Judge appointed as mediator 1: A Judge may act as a mediator but— a: must not act as a mediator for any issue arising from a matter for which they have sat on court proceedings; and b: must not sit on court proceedings about a matter relating to any issue for which they have acted as mediator. 2: However, a Judge acting as a mediator is to be treated as acting judicially and retains the same immunities as when acting as a Judge. Section 98N inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98O: Conduct of mediation 1: The Judge or Registrar who referred issues to a mediator may advise the mediator of the issues that need to be addressed at mediation. 2: The following persons are entitled to attend and participate in a mediation: a: the parties and their representatives; and b: any other person who is approved by— i: the Judge or Registrar who referred the issues to a mediator; or ii: the mediator. 3: A mediator may— a: follow the procedures (structured or unstructured), and do the things, that the mediator considers appropriate to promptly and effectively resolve the issues referred to the mediator; and b: receive any information, statement, admission, document, or other material in any way or form that the mediator thinks fit, whether or not it would be admissible in judicial proceedings. 4: However, a mediator must try to give effect to the purpose of this Part in mediating the issues. 5: Written and oral material presented at or for the mediation must be kept confidential by the mediator and participants in the mediation, unless the person who produces the material consents to its disclosure. 6: No person may be sued for defamation for statements made in mediation. 7: Statements made and material presented at a mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially, unless the persons participating in the mediation consent to the admission of the statement or material. 8: The mediator must provide written reports to keep the Registrar informed of progress in the mediation, unless the mediator is a Judge. Section 98O inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98P: Successful mediation 1: If some or all of the issues referred to mediation are resolved at mediation, the mediator must— a: record the terms of the resolution; and b: report them to the Judge or Registrar who referred the issues to a mediator. 2: If a Judge referred the issues to a mediator, the Judge may make an order that includes the terms of the resolution. 3: If a Registrar referred the issues to a mediator,— a: the Registrar must include the terms of the resolution in a proposed order and provide the proposed order to a Judge; and b: the Judge may make that order, or a different order, that includes the terms of the resolution. 4: However, the Registrar or Judge must not propose or make an order under this section unless they are satisfied that the issues were resolved in compliance with section 98I(b) and (c) 5: If the Judge is not satisfied of that compliance, the Judge may refer the terms of the resolution back to the mediator with directions about what is required for an order to be made under this section. Section 98P inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98Q: Unsuccessful mediation of issues from court proceedings 1: This section applies to issues referred to mediation that arose from a matter for which there were court proceedings ( see section 98L(1) 2: If some or all of the issues are not resolved by mediation and the mediator believes that those issues are unlikely to be resolved, the mediator must— a: report that lack of resolution to the Judge; and b: state the issues that are unresolved. 3: On receiving the report, the Judge may refer some or all of the unresolved issues to— a: a mediator (whether or not the earlier mediator), but only if satisfied that mediation is the most appropriate way to resolve the issues; or b: the court to hear and determine or to advise on. 4: The Judge who refers unresolved issues to the court may be the Judge who hears the matter or gives the advice. Section 98Q inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98R: Unsuccessful mediation of other issues 1: This section applies to issues referred to mediation that arose from a matter for which there were not court proceedings ( see section 98L(2) 2: If some or all of the issues are not resolved by mediation, any party may apply to the court— a: to refer some or all of the unresolved issues to a mediator; or b: to hear and determine some or all of the unresolved issues. 3: The court, on application under subsection (2)(a), may decide to refer an issue to a mediator (whether or not the earlier mediator) only if satisfied that mediation is the most appropriate way to resolve the issue. 4: In deciding whether to refer an issue to a mediator, the court may hold a conference of the parties. Section 98R inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 98S: Orders In making an order under this Part, the Judge or the court may do 1 or more of the following: a: incorporate or restate the terms of an agreement reached by the parties to a dispute: b: incorporate the terms that express the outcome of mediation: c: specify that the order applies for general or specific purposes: d: specify the purpose or purposes for which the order is made: e: specify a date after which the order ceases to have effect: f: make other orders not inconsistent with this Part, as the Judge or court considers appropriate. Section 98S inserted 6 February 2021 section 22 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 4: Administration of estates 99: Interpretation 1: In this Part, unless the context otherwise requires,— administration Māori Trustee Public Trust administrator Māori Trustee Public Trust Maori freehold land Māori Trustee Maori Vested Lands Administration Act 1954 Maori Reserved Land Act 1955 trustee company Trustee Companies Act 1967 2: For the purposes of this Part, a beneficial interest in Maori freehold land shall be deemed to include the interest of the freehold owner in all buildings and other fixtures attached to the land, and all things growing on the land. 3: For the purposes of this Part, a beneficial interest in Maori freehold land shall be deemed to include a leasehold interest in Maori freehold land arising from the registration of a cross lease as defined in section 2 1953 No 94 ss 132A(1), 146 1967 No 124 s 74 Section 99(1) administration amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 99(1) administration amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 99(1) administrator amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 99(1) administrator amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 99(1) Maori freehold land amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 99(3) added 1 July 1994 section 2 Te Ture Whenua Maori Amendment Act 1994 100: Application of this Part 1: Subject to subsection (2), this Part applies to all estates of deceased persons (whether or not Maori) comprising in whole or in part any beneficial interest in Maori freehold land. 2: This Part does not apply— a: where administration of the estate of the deceased owner has been granted before the commencement of this Act; or b: in respect of any beneficial interest in Maori freehold land, owned by the deceased person at his or her death, that has been vested in the person or persons entitled to the interest before the commencement of this Act; or c: to the estate of a person who dies before 1 July 1994 leaving a will executed before the commencement of this Act;— and in any such case the law applying immediately before the commencement of this Act shall continue to apply as if— d: this Act had not been passed; and e: the Maori Land Court may make an order vesting in the persons entitled thereto the undivided beneficial freehold interests in common in Maori freehold land regardless of the value of the interests in land affected by the application. 1953 No 94 ss 113(1), (2), (8), 116(5) 1967 No 124 ss 86(1), 88(14) Section 100(2) amended 1 July 1994 section 3 Te Ture Whenua Maori Amendment Act 1994 Section 100(2)(d) added 1 July 1994 section 3 Te Ture Whenua Maori Amendment Act 1994 Section 100(2)(e) added 1 July 1994 section 3 Te Ture Whenua Maori Amendment Act 1994 101: General law to apply subject to this Part All other enactments and rules of law relating to— a: applications for and grant of administration of estates of deceased persons; and b: the administration of such estates; and c: the bringing and settling of claims against such estates; and d: succession to property owned by deceased persons at their death,— shall, in relation to estates to which this Part applies, be read subject to this Part. 1953 No 94 ss 110, 132(4) 1962 No 45 s 34(2) 1967 No 124 ss 75, 76(1), 79, 80(1) 1974 No 73 s 25 1976 No 148 s 7(2) Grant of administration and settlement of claims 102: Jurisdiction of High Court continued The High Court shall continue to have jurisdiction and authority in relation to— a: the granting of administration of estates to which this Part applies; and b: the hearing and determining of proceedings in respect of testamentary and other matters relating to such estates. 1969 No 52 s 5 103: Jurisdiction of High Court where administration granted by Maori Land Court The High Court may, in respect of any estate of which a grant of administration has previously been made by the Maori Land Court, exercise any jurisdiction that it could have exercised if the grant of administration had been made by the High Court. 1967 No 124 s 87(4) 1972 No 135 s 13(1) 104: Liability of Maori land for payment of debts of estate 1: No Maori freehold land, and no beneficial interest in any Maori freehold land or in a Maori reserve or in any Maori customary land, owned by any person who died before 1 April 1968 shall be available for the payment of any of that person’s debts or liabilities. 2: Except as provided in subsection (3), no Maori freehold land, and no beneficial interest in any Maori freehold land or in a Maori reserve or in any Maori customary land, owned by any person who has died or dies on or after 1 April 1968 shall be available for the payment of any of that person’s debts or liabilities. 3: Where the owner of any Maori freehold land or any beneficial interest in Maori freehold land has died or dies on or 4: Subject to subsection (5), nothing in subsection (3) shall prevent— a: the vesting of any such interest in Maori freehold land in the persons beneficially entitled to the interest; or b: the making of an assignment vesting in the administrator of the estate of the deceased owner the right to receive revenue from the deceased owner’s Maori freehold land or the deceased owner’s beneficial interest in Maori freehold land. 5: Where any person is beneficially entitled to a deceased owner’s beneficial interest in Maori freehold land, the vesting of that beneficial interest in that person shall not entitle that person to receive, in priority to any creditor of the deceased person, revenue from that beneficial interest. 6: When any person has died before 1 April 1968 possessed of a freehold interest in Maori land that is subject to a contract of sale or to any lease or other alienation, the freehold interest of the deceased shall, for the purposes of this section, be deemed to include the deceased’s interest in all purchase money, rent, and other money payable in respect of that alienation and not actually paid before the deceased’s death, whether such money became due and payable before or after that death. 7: Nothing in subsection (1) or subsection (2) shall limit or affect— a: any mortgage or charge to which any such land is subject at the death of the owner; or b: any liability for the payment of rates or taxes; or c: any provision in any will by which any Maori freehold land or any beneficial interest in it is expressly devised in trust for, or charged with, the payment of debts or liabilities, so long as that provision does not authorise or require the sale of that land or interest in land to meet payment of any debts or liabilities; or d: any valid assignment or charge of any money arising out of the alienation of Maori freehold land or any beneficial interest in Maori freehold land, or the revenue derived from that money, made in favour of a State Loan Department or of the Crown. 8: For the purposes of this section, an interest in Maori land shall be deemed to include an interest in personal property to which any person is entitled by virtue of an interest in any land that is subject to Part 2 1953 No 94 s 132 1962 No 45 s 34(2) 1963 No 123 s 8(2) 1967 No 124 ss 73(3), 77, 88(12) Section 104(3) amended 1 July 2002 section 14 Te Ture Whenua Maori Amendment Act 2002 105: Duty payable on succession to Maori land Section 105 repealed 24 May 1999 section 15(1) Estate Duty Repeal Act 1999 106: Special provisions relating to testamentary promises and family protection 1: Notwithstanding anything in the Law Reform (Testamentary Promises) Act 1949 to any person 2: Notwithstanding anything in the Family Protection Act 1955 to any person 3: Nothing in subsection (1) or subsection (2) shall limit the power of the High Court to make an order conferring the right to reside in any dwelling or affecting any income derived from any beneficial interest in Maori freehold land. 4: For the purposes of the Family Protection Act 1955 1953 No 94 s 118(4), (5) 1962 No 45 s 8(1) 1964 No 46 s 7 1967 No 124 s 80(2), (3) Section 106(1) amended 16 September 2011 section 7 Te Ture Whenua Maori Amendment Act 2011 Section 106(2) amended 16 September 2011 section 7 Te Ture Whenua Maori Amendment Act 2011 107: Special provisions relating to status of children, etc 1: In any will of a Maori that was made before 1 January 1970 (being the date of the commencement of the Status of Children Act 1969 a: the term child b: the term heir next of kin 2: Where any term referred to in paragraph (a) or paragraph (b) of subsection (1) appears in a will of a Maori who died on or after 1 April 1968 but before 24 October 1969 (being the date of the commencement of subsections (1) to (3) of section 4 3: Section 65 1953 No 94 s 115(1), (2), (3) 1967 No 124 ss 87(2), 88(2) 1969 No 127 s 4 Section 107(3) amended 1 January 2008 section 364(1) Property Law Act 2007 Distribution of estates 107A: Succession when class of persons are beneficial owners or beneficiaries 1: This section applies to Maori freehold land that is vested in trustees by an order made under section 132(6) 2: If a member of the class of persons dies, the member’s descendants remain beneficial owners or beneficiaries and there is no succession to the interest under this Part. Section 107A inserted 6 February 2021 section 23 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 108: Disposition by will 1: Except as provided by this section 2: An owner of a beneficial interest in Maori freehold land may leave that interest by will to any person who belongs to any 1 or more of the following classes: a: children and remoter issue of the testator: b: any other persons who would be entitled under section 109(1) c: any other persons who are related by blood to the testator and are members of the hapu associated with the land: d: other owners of the land who are members of the hapu associated with the land: e: f: trustees of persons referred to in any of paragraphs (a) to (d) 2AA: See section 114A 2A: A person in whom an occupation order has been vested may leave the occupation order by will to any 1 or more persons who come within subsection (2). 2B: A person is entitled to succeed to an occupation order by will— a: if the person owns a beneficial interest in the land to which the occupation order applies; and b: if the court is satisfied, in the circumstances, that the extent of the person’s beneficial interest in the land justifies that person succeeding to the occupation order. 2C: An occupation order that passes by will is cancelled automatically on the date of expiry or termination of the occupation order. 3: 4: A beneficial interest may be left by will under subsection (2) subject to a gift to the owner’s spouse, civil union partner, or de facto partner that is granted in accordance with section 108A 5: Any provision in a will purporting to leave a beneficial interest in Maori freehold land to any person otherwise than in accordance with this section this section 6: Where any beneficial interest in Maori freehold land is left by will to any trustee, the trustee shall not have power under the will or under any Act to sell the interest; and any provision in the will purporting to confer such power shall be void and of no effect. Section 108(1) amended 6 February 2021 section 24(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(2)(e) repealed 6 February 2021 section 24(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(2)(f) amended 6 February 2021 section 24(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(2AA) inserted 6 February 2021 section 24(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(2A) inserted 1 July 2002 section 15 Te Ture Whenua Maori Amendment Act 2002 Section 108(2B) inserted 1 July 2002 section 15 Te Ture Whenua Maori Amendment Act 2002 Section 108(2C) inserted 1 July 2002 section 15 Te Ture Whenua Maori Amendment Act 2002 Section 108(3) repealed 6 February 2021 section 24(5) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(4) replaced 6 February 2021 section 24(6) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(5) amended 6 February 2021 section 24(7)(a) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 108(5) amended 6 February 2021 section 24(7)(b) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 108A: Disposition by will of spouse’s or partner’s rights to occupy and receive income 1: An owner of a beneficial interest in Maori freehold land may leave that interest by will under section 108 subject to the gift to the owner’s spouse, civil union partner, or de facto partner of 1 or both of the rights specified in subsection (2). 2: The rights are— a: the right to occupy the principal family home if it is on the land: b: the right to receive any income or discretionary grants from the interest. 3: A right may be gifted for— a: a specified period; or b: the life of the spouse or partner. 4: A right ends if— a: the specified period (if any) ends; or b: the spouse or partner dies; or c: the spouse or partner gives it up in writing. 5: A right— a: cannot be transferred or disposed of by the spouse or partner; and b: does not give the spouse or partner an ownership interest in the land. 6: The person or persons who receive the beneficial interest in Maori freehold land— a: are the owners of the interest (who may be assembled owners under Part 9 b: if the right to receive any income or discretionary grants was gifted, are entitled to receive the income or discretionary grants when the right ends. Section 108A inserted 6 February 2021 section 25 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 109: Succession to Maori freehold land on intestacy 1: Subject to subsection (2), on the death intestate of the owner of any beneficial interest in Maori freehold land, the persons primarily entitled to succeed to that interest, and the proportions in which they are so entitled, shall be determined in accordance with the following provisions: a: where the deceased leaves issue, the persons entitled shall be the child or children of the deceased living at his or her death, in equal portions if more than 1, together with the issue living at the death of the deceased of any child of the deceased who died before the deceased, that issue to take through all degrees, according to their stocks, in equal portions if more than 1, the portion to which their parent would have been entitled if living at the death of the deceased: b: where the deceased leaves no issue, but leaves brothers and sisters, the persons entitled shall be the deceased’s brothers and sisters living at the death of the deceased (including brothers and sisters of the half blood descended from the parent or other ascendant through whom the deceased received his or her entitlement to that interest), in equal portions if more than 1, together with the issue living at the death of the deceased of any such brother or sister of the deceased who died before the deceased, that issue to take through all degrees, according to their stocks, in equal portions if more than 1, the portion to which their parent would have been entitled if living at the death of the deceased: c: where the deceased leaves no issue and no brothers and sisters, the persons entitled to succeed shall be ascertained always by reference to the derivation of entitlement by the deceased and shall be the issue, living at the deceased’s death, of the person nearest in the chain of title to the deceased who has issue living at the deceased’s death, that issue to take through all degrees, according to their stocks, in equal shares if more than 1. 2: A beneficial interest to which subsection (1) applies is subject to any rights of the owner’s spouse, civil union partner, or de facto partner under section 109AA 3: 4: 1967 No 124 s 76A(2) 1974 No 73 s 25 1976 No 148 s 18 1978 No 70 s 9 Section 109(2) replaced 6 February 2021 section 26 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 109(3) repealed 6 February 2021 section 26 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 109(4) repealed 6 February 2021 section 26 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 109AA: Succession on intestacy subject to spouse’s or partner’s rights to occupy and receive income 1: This section applies if— a: the owner of a beneficial interest in Maori freehold land dies intestate; and b: the owner is survived by a spouse, civil union partner, or de facto partner; and c: at the date on which the owner dies, the marriage, civil union, or de facto relationship has not ended (within the meaning of section 2A(2) 2AB(2) 2D(4) 2: The spouse or partner has— a: the right to occupy the principal family home if it is on the land; and b: the right to receive any income or discretionary grants from the interest. 3: The rights end if the spouse or partner— a: marries or enters a new civil union or de facto relationship; or b: dies; or c: gives them up in writing. 4: The rights— a: cannot be transferred or disposed of by the spouse or partner; and b: do not give the spouse or partner an ownership interest in the land. 5: The person or persons who receive the beneficial interest in Maori freehold land— a: are the owners of the interest (who may be assembled owners under Part 9 b: are entitled to receive the income or discretionary grants when the spouse’s or partner’s rights end. Section 109AA inserted 6 February 2021 section 27 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 109A: Succession to ota whakanoho on intestacy 1: Subject to subsection (2), section 109 2: A person is entitled to succeed to an occupation order— a: if the person owns a beneficial interest in the land to which the occupation order applies; and b: if the court is satisfied, in the circumstances, that the extent of the person’s beneficial interest in the land justifies that person succeeding to the occupation order. 3: An occupation order that passes by succession is cancelled automatically on the date of expiry or termination of the occupation order. Section 109A inserted 1 July 2002 section 16 Te Ture Whenua Maori Amendment Act 2002 110: Succession on intestacy to property other than Maori land 1: Except as otherwise expressly provided in this Act, the persons entitled on the complete or partial intestacy of a Maori to succeed to that person’s estate, so far as it comprises property that is not a beneficial interest in Maori freehold land, shall be determined in accordance with the law governing succession to the estates of persons who are not Maori. 2: The right of any person to succeed to any property in accordance with subsection (1) shall not be affected by the fact that the claimant or any person through whom his or her claim is derived is or was illegitimate. 1953 No 94 s 116(1) 1964 No 46 s 6 1967 No 124 s 88(3) 111: Interests in General land of deceased Maori 1: On application by the administrator of any Maori who has died possessed of any freehold interest in General land, the court may make an order vesting that interest in the administrator or in the person entitled to succeed to the interest under the will or on the intestacy of the deceased. 2: For the purposes of an application under subsection (1), the court may, without further inquiry, accept the certificate of the applicant that the person named in the certificate is entitled to succeed to the interest. 3: The making of a vesting order under this section shall not absolve the administrator from any liability incurred by the administrator in respect of his or her duties; and, for the purposes of determining any such liability, the making of the vesting order shall be regarded as if it had been a conveyance of the interest by the administrator to the person in whom the interest is vested by the court. 1953 No 94 s 145 1974 No 73 s 24 112: Transmission of Maori land to administrator 1: On application by the administrator of any estate to which this Part applies, the Maori Land Court may make an order vesting any beneficial interest in Maori freehold land belonging to the estate in the administrator. 2: An application under subsection (1) may be dealt with by the court on such conditions as to notice as the court thinks fit, and the court may dispense with the appearance of any party. 3: An order made by the court under subsection (1) may be registered under the Land Transfer Act 2017 1953 No 94 s 134 1967 No 124 s 81 Section 112(3) amended 12 November 2018 section 250 Land Transfer Act 2017 113: Maori Land Court to determine succession to beneficial entitlements to Maori freehold land 1: On an application by the administrator or by any person interested or by the Registrar, the court shall determine the persons (in this section referred to as the beneficiaries 2: Every determination made for the purposes of this section shall be recorded in the minutes of the court, but it shall not be necessary for the court to draw up in writing any order with respect to its determination. 3: Where any freehold interest in land has been devised by will to a trustee other than a bare trustee, the trustee shall be deemed for the purposes of this section to be the beneficiary. 4: In considering any application under this section, the court may require such evidence as it thinks fit, but may, without further inquiry, accept the certificate of the administrator that the person named in the certificate is entitled to succeed to the interest to which the application relates. 5: Until the court has made a determination under this section in respect of any beneficial freehold interest in Maori freehold land belonging to any estate, no vesting order may be made in respect of that interest under section 117 section 118 6: The making of a determination under this section shall not absolve the executor or administrator from any liability incurred by the executor or administrator in respect of his or her duties. 1953 No 94 ss 135, 145(2) 1974 No 73 s 24 Section 113 heading replaced 6 February 2021 section 28 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 113A: Registrar may determine succession to interests in Maori freehold land and make related orders 1: A Registrar may determine the following unless the applicant requests otherwise: a: an application for simple and uncontested succession under section 113 b: any related application for an order vesting a freehold interest in General land under section 111 section 112 117 118 section 242 2: For that purpose,— a: those provisions apply as if the Registrar were the court, except as modified by this section; and b: section 119 c: the Registrar does not have the powers described in section 117(3)(a) section 118(5) 3: The Registrar must determine the applications without a hearing. 4: The Registrar may at any time refer the applications to the court for determination if the Registrar decides that an application is not for a simple and uncontested succession. 5: Any determination or order made by the Registrar in accordance with this section must be treated as an order of the court for the purposes of this Act, including section 42 a: sections 41 43 b: any matter of practice or procedure that is instead provided for by the rules of court. 6: The determination or order may be reviewed as follows: a: any person affected by the determination or order may apply to the court for a review— i: within 20 working days after the determination or order is made; or ii: within any longer period allowed by a Judge if the Judge is satisfied that the person could not reasonably have applied sooner: b: a Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary: c: the Judge may affirm, vary, or annul the determination or order, and may exercise any jurisdiction the court has in relation to an application for succession under this Part (the Judge’s review decision 7: A person must obtain the leave of the court to apply under section 43 8: In this section, simple and uncontested succession a: simple, such as the following examples: i: succession by will or on intestacy, whether or not probate or administration has been granted, where all successors belong to the same preferred class of alienee and succeed to equal shares: ii: further succession based on evidence heard in court for a previous succession; and b: uncontested because— i: the application has been notified or consulted on as required by the rules of court, if the rules require that; and ii: no one has objected to the application. Section 113A inserted 6 February 2021 section 29 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 114: Succession to Maori land on intestacy where no person primarily entitled 1: If, in respect of any estate to which this Part applies, the court is of the opinion that no person is primarily entitled to succeed to any beneficial freehold interest in Maori freehold land in accordance with section 109 2: In any case where customary links with the land have been severed or cannot for any reason be ascertained, the court may determine who is entitled to succeed by taking into account tikanga Maori applicable to the situation, and, in doing so, the court may consider— a: the means by which the interest was acquired; and b: the origin and nature of the interest; and c: the persons entitled to succeed to any other interest owned by the deceased at his or her death, and the nature of that interest; and d: the nature of any other property owned by the deceased at his or her death. 3: If, in any case, the court is of the opinion that no person is entitled to succeed in accordance with section 109 a: in the trustees of a putea trust constituted under section 212 b: in the other owners. 1967 No 124 s 76A(1) 1974 No 73 s 25 114A: Descent relationships for whangai determined by tikanga Maori 1: This section applies to a provision of this Act or the Family Protection Act 1955 a: succession under this Part; or b: a claim under the Family Protection Act 1955 section 3A(6) 2: This section applies, for example, to a provision of that type that refers to— a: a child, whangai, grandchild, issue, brother, sister, or parent; or b: being descended or related by blood; or c: members of the hapu associated with land. 3: For any child who is a whangai, the tikanga of the relevant iwi or hapu determines whether there is a relationship of descent between the child and one or both of the following types of parent for the purposes of that provision: a: the child’s birth parents (as defined by section 2 b: the child’s new parents after the child became a whangai. 4: This section prevails over section 19 Section 114A inserted 6 February 2021 section 30 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 115: Court may determine whangai and descent relationships of whangai 1: The court may determine whether, for the purposes of succession under this Part or a claim under the Family Protection Act 1955 section 3A(6) a: a child is a whangai of certain parents: b: a child who is a whangai has a relationship of descent with certain parents ( see section 114A(3) 2: The court’s jurisdiction under this section may be exercised on the application of any person with an interest in the matter. 3: An order made by the court on a matter under this section is proof of the matter for the purposes of section 114A 4: This section prevails over section 19 Section 115 replaced 6 February 2021 section 31 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 116: Court may provide for person to have rights to occupy and receive income despite no descent relationship of whangai 1: The court may make an order giving a person 1 or both of the following rights in relation to a beneficial interest in Maori freehold land: a: the right to occupy the principal family home if it is on the land: b: the right to receive the whole or any part of any income or discretionary grants from the interest. 2: The court may make the order only in respect of a person who is not entitled to succeed to the beneficial interest under this Part solely because, under section 114A 3: The court may make the order only if it considers that— a: the order is required to prevent an injustice to the person; and b: the person’s claim is not within the jurisdiction of the High Court or the Family Court under the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 4: A right may be given for— a: a specified period; or b: the life of the recipient. 5: A right ends if— a: the specified period (if any) ends; or b: the recipient dies; or c: the recipient gives it up in writing. 6: A right— a: cannot be transferred or disposed of by the recipient; and b: does not give the recipient an ownership interest in the land. 7: The person or persons who receive the beneficial interest in Maori freehold land— a: are the owners of the interest (who may be assembled owners under Part 9 b: if the right to receive the whole or any part of any income or discretionary grants was given, are entitled to receive the whole, or that part, of the income or discretionary grants when the right ends. Section 116 replaced 6 February 2021 section 31 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 117: Vesting in persons beneficially entitled following grant of administration 1: Subject to section 119 beneficiaries 2: An administrator may make an application under this section notwithstanding that the interest to which it relates has not been vested in the administrator under section 112 3: In disposing of any interest of a deceased owner under this section, the court may exercise all or any of the following powers: a: the court may exercise with respect to the whole or any part of the interest any jurisdiction that it would have had authority to exercise under any of the provisions of this Act, if application had been duly made in accordance with this Act and with the rules of court: b: the court may, with the consent of a beneficiary, vest the whole or any part of the interest of that beneficiary in any other person who is entitled to acquire or succeed to that interest: c: the court may give effect to any arrangement or agreement whereby the interest of any beneficiary is to be vested in any other beneficiary or in any other person who is entitled to acquire or succeed to that interest, but no person shall be excluded from any interest to which that person is entitled without that person’s consent. 4: For the purposes of subsection (3)(c), any agreement or arrangement may, in the case of a person under disability, be entered into or made on behalf of that person by a trustee appointed under Part 12 5: Where any beneficial freehold interest in land has been devised by the will of the deceased owner to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary. 6: In any case to which subsection (5) applies, the existence of the trust shall be stated on the face of the relevant vesting order. 7: Nothing in this section shall limit or affect any right or remedy to which any person may be entitled in respect of any act done by any other person as administrator of any estate. 8: Any money held by the Māori Trustee section 242 9: Nothing in subsection (8) shall impose any liability on the Māori Trustee Māori Trustee 1953 No 94 s 136 1957 No 81 s 2(1) 1961 No 129 s 7 1963 No 123 s 4 1967 No 124 ss 78A(8), 81A(3) 1973 No 106 s 17 1974 No 73 ss 22, 26 1976 No 148 ss 19 20(1) Section 117(8) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 117(9) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 118: Vesting in persons beneficially entitled where no grant of administration 1: Subject to section 119 a: administration of any estate to which this Part applies has not been granted; or b: the administrator of any estate to which this Part applies has died after a grant of administration has been made,— the court may make an order vesting any beneficial interest in Maori freehold land belonging to the estate in the persons entitled to the interest. 2: An application for an order under this section shall be made by or on behalf of the person or one of the persons claiming to be entitled to the interest under the will or on the intestacy of the deceased person. 3: No order shall be made under this section unless the court is satisfied— a: that the person or persons entitled to obtain a grant of administration of the estate of the deceased person does not or do not intend to seek any such grant; and b: that there is no apparent reason why the estate of the deceased person should be formally administered. 4: In making an order under this section, the court shall proceed as if all the persons living at the death of the deceased person who, if they had then attained full age, would have taken an absolutely vested interest in any part of the estate, had then attained full age. 5: The provisions of subsections (2) to (9) of section 117 6: Where the known estate of a deceased person has previously been administered and additional interests of the deceased in Maori freehold land are discovered, the court, notwithstanding any other provisions of this section, may deal with those interests under this section if it is satisfied that any other course would be unduly expensive or difficult having regard to the value of the interests. 1967 No 124 s 78A 1973 No 106 s 17 1974 No 73 s 26 1976 No 148 s 19 118A: Circumstances when certain assets and payments must be held in trust 1: If the court makes an order under section 26M(1)(f)(iii) or (2) a: Te Ohu Kai Moana Trustee Limited must hold the assets that are subject to the order in trust for that mandated iwi organisation until— i: the date specified in the order; or ii: the conditions specified in the order are met; or iii: the order ceases to have effect; and b: the mandated iwi organisation is entitled to receive any income earned from those assets for the period that they are held in trust, except that Te Ohu Kai Moana Trustee Limited is entitled to deduct the reasonable costs of administering the assets. 2: In this section, mandated iwi organisation Te Ohu Kai Moana Trustee Limited section 26A Section 118A inserted 26 September 2004 section 4 Te Ture Whenua Maori Amendment Act (No 2) 2004 118B: Circumstances when certain transfers and payments must be held in trust 1: If the court makes an order under section 26ZA(1)(f)(iii) or (2) a: the trustee must hold the assets that are subject to the order in trust for that iwi aquaculture organisation until— i: the date specified in the order; or ii: the conditions specified in the order are met; or iii: the order ceases to have effect; and b: the iwi aquaculture organisation is entitled to receive any income earned from those assets for the period that they are held in trust, except that the trustee is entitled to deduct the reasonable costs of administering the assets. 2: In this section, iwi aquaculture organisation trustee section 26O Section 118B inserted 1 January 2005 section 4 Te Ture Whenua Maori Amendment Act (No 3) 2004 119: Court’s powers in relation to whanau and putea trusts 1: The court shall not exercise the powers conferred by section 117 section 118 a: there is, in respect of any interests in that land, a putea trust constituted under section 212 section 214 b: the court has fixed a minimum value in respect of interests in that land below which any interest may be transferred to the trustees for the purposes of the putea trust or whanau trust so constituted; and c: the value of the interest before the court is less than the minimum value so fixed,— unless the trustees of the putea trust or the whanau trust so constituted consent to the exercise of those powers by the court. 2: Nothing in section 117 section 118 section 212 section 214 119A: Vesting of ota whakanoho Sections 117 to 119 Section 119A inserted 1 July 2002 section 17 Te Ture Whenua Maori Amendment Act 2002 120: Special succession fee where death occurred before 1 April 1968 1: This section applies to interests in Maori land of a person who died before 1 April 1968. 2: Upon the making of a vesting order under this Part in respect of any interest to which this section applies, the court shall determine the value of the interest as at the date of the owner’s death, and the value so determined shall be final and conclusive for the purposes of this section. 3: Where the value of the interest is not less than $2,000, there shall be payable in respect of the order, in addition to any fee prescribed by regulations made under this Act, a special succession fee equal to 2% of the value of the interest; but in no case shall the amount of the succession fee exceed the amount by which the value of the interest exceeds $2,000. 4: No vesting order in respect of which a special succession fee is payable under subsection (3) shall issue from the court until the fee has been paid. 1953 No 94 s 131 1955 No 106 s 3 1967 No 124 ss 78(4), 88(13) 1968 No 35 s 13 1974 No 73 s 21 1979 No 136 s 13 121: Special provisions relating to succession to shares in Maori incorporations 1: Notwithstanding anything in section 113 section 117(1) 2: Where the administrator or the incorporation is uncertain as to who is so legally entitled, the administrator or incorporation may apply to the court for a determination under section 113 3: An appeal shall lie to the Maori Land Court against any decision of the Maori incorporation made under subsection (1). 4: Where the court makes a determination under section 113 section 117 section 118 section 119 5: Recording of ownership 122: Application of Part This Part applies to every order made by the Maori Land Court or the Maori Appellate Court, or by the Chief Judge acting under section 44 a: an order vesting the beneficial ownership of the land or any interest in the land in any person other than a person in whom the legal ownership is vested; or b: an order amending or cancelling any order to which paragraph (a) applies. 123: Orders affecting title to Maori freehold land to be registered 1: Subject to subsection (7A), Land Transfer Act 2017 Deeds Registration Act 1908 2: For the purposes of registration, the order shall be transmitted by the Registrar of the court to the Registrar-General of Land Registrar-General of Land 3: 4: No fee shall be payable under this Act or the Land Transfer Act 2017 5: Until registration has been effected, an order of the court in respect of land subject to the Land Transfer Act 2017 6: Notwithstanding anything in this section or in the Land Transfer Act 2017 6A: Nothing in subsection (6) shall prevent the issue of a separate record of title section 2 7: In the case of an aggregation order made under section 308 Registrar-General of Land section 148(4) 7A: Where an order to which this Part applies has not been registered in accordance with subsection (1), the registration of that order against the title to the land may, if its effect has been incorporated into a consolidated order 8: Nothing in this section shall limit or affect any special provisions made elsewhere in this Act or in any other Act for the registration of any such order. 1953 No 94 s 36 1983 No 146 s 3(1) Section 123(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(1) amended 24 June 1996 Te Ture Whenua Maori Amendment Act 1996 Section 123(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(3) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 123(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(6A) inserted 1 July 1994 section 4 Te Ture Whenua Maori Amendment Act 1994 Section 123(6A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 123(7A) inserted 24 June 1996 Te Ture Whenua Maori Amendment Act 1996 Section 123(7A) amended 2 September 1996 Te Ture Whenua Maori Amendment Act (No 2) 1996 124: Special provisions where insufficient survey plan 1: If any order to which this Part applies is presented for registration under the Land Transfer Act 2017 2: If any order to which this Part applies is registered in accordance with subsection (1), any person in whom the beneficial ownership of land or any interest in land is vested by that order may, in accordance with section 224 Section 124 replaced 12 November 2018 section 250 Land Transfer Act 2017 125: Alterations in registration of title If any order that is annulled or revoked or varied, or if any other order or any instrument affected by the annulment or variation, has been registered by the Registrar-General of Land the Registrar-General of Land the Registrar-General of Land 1953 No 49 s 67 Section 125 amended 12 November 2018 section 250 Land Transfer Act 2017 125A: Alteration to land appellation 1: The court may, on application under subsection (2), make an order amending the name given to the whole or part of a block of Maori freehold land in— a: the title to that land; and b: if necessary, the composite record of cadastral parcels maintained under section 9(e) 2: A legal or beneficial owner of Maori freehold land may apply to the court for an order under subsection (1) for Maori freehold land in which the legal or beneficial owner has an interest and must pay, with the application, the amount necessary (if any) to enable the Registrar to make the payment (if any) required by subsection (7)(c). 3: On receiving an application under subsection (1), the Registrar must, as soon as practicable,— a: notify every person with a beneficial interest in the Maori freehold land, whose identity and address is known to the court, of the application; and b: notify the Registrar-General of Land and Surveyor-General c: invite submissions on the application from the persons notified. 4: The Registrar must specify a date by which submissions on the application must be received. 5: The court must not make an order under this section affecting the whole or part of a block of Maori freehold land unless it is satisfied— a: that the owners of the land have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and b: that there is a sufficient degree of support for the application among the owners; and c: that the format of the appellation, as amended, conforms with the requirements specified by the Surveyor-General under section 7(1) 6: The court must not make an order under this section affecting the whole or part of a block of Maori freehold land vested in a Maori incorporation unless it is satisfied— a: that the shareholders of the incorporation have been given sufficient notice of the application; and b: that the shareholders have passed a special resolution supporting the application. 7: If the court makes an order under subsection (1), the Registrar must forward— a: a copy of the order to the land registry office for the land registration district in which the land is situated, and the Registrar-General of Land must register the order; and b: a copy of the order to the Surveyor-General, for updating any relevant records in the cadastre; and c: payment of a fee (if any) prescribed, for registration or updating under paragraphs (a) and (b). Section 125A inserted 1 July 2002 section 18 Te Ture Whenua Maori Amendment Act 2002 Section 125A(1)(b) replaced 6 February 2021 section 32(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 125A(3)(b) amended 6 February 2021 section 32(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 125A(5)(c) amended 6 February 2021 section 32(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 125A(7)(b) replaced 6 February 2021 section 32(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 126: No registration without prior confirmation The Registrar-General of Land an instrument not required to be confirmed or Part 8 Section 126 amended 12 November 2018 section 250 Land Transfer Act 2017 Section 126 amended 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 127: Registrar of court to record ownership 1: The Registrar of a Maori Land Court district must establish and maintain a record (an ownership list a: the legal and beneficial ownership of the land: b: any trusts affecting the land or any individual interest in the land: c: any right to occupy a principal family home on the land: d: any right to receive income or discretionary grants from an interest in the land. 2: If the Registrar is satisfied that any of the following interests or rights has ended in respect of a beneficial interest in Maori freehold land, the Registrar must note the ending of the interest or right in the ownership list: a: any interest for life or another limited period: b: any right to occupy a principal family home on the land: c: any right to receive income or discretionary grants from an interest in the land. 3: On the making of an aggregation order under section 308 4: In all proceedings, an ownership list under the signature of the Registrar and the seal of the court is prima facie evidence of the matters to which it relates, without production of any relevant order of the court or instrument of alienation. 5: Nothing in subsection (1) requires the Registrar— a: to record the ownership of beneficial interests in land that, by virtue of this Act, remain vested in the several owners of the land despite the vesting of the legal estate in fee simple in a Maori incorporation; or b: to record the individual members of a class of persons who are the beneficial owners of land. Section 127(1) replaced 6 February 2021 section 33(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 127(2) replaced 6 February 2021 section 33(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 127(4) replaced 6 February 2021 section 33(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 127(5) replaced 6 February 2021 section 33(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 128: Court may issue declaratory consolidated order 1: This section applies to any case where any instrument of title (whether or not registered under the Land Transfer Act 2017 1A: However, this section does not apply to Maori freehold land that is vested in trustees by an order made under section 132(6) 2: In any case to which this section applies, the court may, in accordance with the provisions of this section, make a consolidated order declaring, as at the date of the order, the names of the persons who, by virtue of the instrument of title or the subsequent orders, certificates, or other documents referred to in subsection (1), are then entitled to any estate or interest in the land and the several shares and interests to which they are so entitled. 3: Where a beneficial owner named in the original instrument of title or in any subsequent order has died, whether before or after the commencement of this Act, and in respect of the beneficial interest of that owner a succession order has been made under any former Act or a vesting order has been made under section 136 of the Maori Affairs Act 1953 section 117 section 118 4: The consolidated order shall be made to incorporate the effect of any order affecting the ownership of any interest made by the court subsequent to the drawing up of the draft consolidated order. 1953 No 94 s 445(1), (4), (11) 1957 No 81 s 6(2) 1967 No 124 s 126(3)(b) 1982 No 124 s 9 Section 128(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 128(1A) inserted 6 February 2021 section 34 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 128A: Registrar may advise local authority whether rating units were previously part of same block of Maori freehold land 1: This section applies if a local authority makes an application under section 20A(4) of the Local Government (Rating) Act 2002 2: The Registrar may make a determination as to whether the rating units were previously part of the same block of Maori freehold land. 3: The Registrar may decline to make a determination if satisfactory evidence is unavailable. Section 128A inserted 13 April 2021 section 80 Local Government (Rating of Whenua Māori) Amendment Act 2021 6: Status of land 129: All land to have particular status for purposes of Act 1: For the purposes of this Act, all land in New Zealand shall have one of the following statuses: a: Maori customary land: b: Maori freehold land: c: General land owned by Maori: d: General land: e: Crown land: f: Crown land reserved for Maori. 2: For the purposes of this Act,— a: land that is held by Maori in accordance with tikanga Maori shall have the status of Maori customary land: b: land, the beneficial ownership of which has been determined by the Maori Land Court by freehold order, shall have the status of Maori freehold land: c: land (other than Maori freehold land) that has been alienated from the Crown for a subsisting estate in fee simple shall, while that estate is beneficially owned by a Maori or by a group of d: land (other than Maori freehold land and General land owned by Maori) that has been alienated from the Crown for a subsisting estate in fee simple shall have the status of General land: e: land (other than Maori customary land and Crown land reserved for Maori) that has not been alienated from the Crown for a subsisting estate in fee simple shall have the status of Crown land: f: land (other than Maori customary land) that has not been alienated from the Crown for a subsisting estate in fee simple but is set aside or reserved for the use or benefit of Maori shall have the status of Crown land reserved for Maori. 3: Notwithstanding anything in subsection (2), where any land had, immediately before the commencement of this Act, any particular status (being a status referred to in subsection (1)) by virtue of any provision of any enactment or of any order made or any thing done in accordance with any such provision, that land shall continue to have that particular status unless and until it is changed in accordance with this Act. 1953 No 94 s 2(1) Section 129(2)(c) amended 1 July 2002 section 19 Te Ture Whenua Maori Amendment Act 2002 130: Certain status not to change except in limited circumstances No land shall acquire or lose the status of Maori customary land or of Maori freehold land otherwise than in accordance with 1953 No 94 s 2(2) 1960 No 120 s 3 1982 No 124 s 3 Section 130 heading amended 1 July 1994 section 5 Te Ture Whenua Maori Amendment Act 1994 Section 130 amended 1 July 1994 section 5 Te Ture Whenua Maori Amendment Act 1994 131: Court may determine status of land 1: The Maori Land Court shall have jurisdiction to determine and declare, by a status order, the particular status of any parcel of land, whether or not that matter may involve a question of law. 2: Without limiting the classes of person who may apply to the court for the exercise of its jurisdiction, the Registrar-General of Land 3: Nothing in subsection (1) shall limit or affect the jurisdiction of the High Court to determine any question relating to the particular status of any land. 1953 No 94 s 30(1)(h), (2) Section 131(2) amended 12 November 2018 section 250 Land Transfer Act 2017 131A: Change from Crown land to Maori customary land by order 1: This section applies to Crown land that was Maori customary land immediately before it became Crown land. 2: The following Minister of the Crown may apply to the Maori Land Court for an order for any of the land to become Maori customary land: a: for Crown land reserved for Maori, the Minister for Maori Development: b: for other Crown land, any Minister of the Crown. 3: The court must, on application,— a: determine the owners who, in accordance with tikanga Maori, held the land immediately before it became Crown land (the previous owners b: define the proposed owners of the land as the class of persons comprising the previous owners and all of their descendants (the new owners 4: The court may then make an order— a: declaring the land to be Maori customary land; and b: defining the new owners as the class of persons who own the land. 5: The court must not make an order under this section unless it is satisfied that— a: the new owners have had sufficient notice of the proposal, including the change of status to Maori customary land, and sufficient opportunity to discuss and consider it; and b: there is a sufficient degree of support for the proposal among the new owners. 6: The effect of the order is that— a: the land is freed from any trusts, restrictions, or conditions to which it was subject; and b: the land becomes Maori customary land; and c: the new owners are treated as the owners who hold the land in accordance with tikanga Maori. Section 131A inserted 6 February 2021 section 35 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 132: Change from Maori customary land to Maori freehold land by vesting order 1: The Maori Land Court shall continue to have exclusive jurisdiction to investigate the title to Maori customary land, and to determine 2: Every title to and interest in Maori customary land shall be determined according to tikanga Maori. 3: In any application for the exercise of the court’s jurisdiction under this section, the applicant may specify— a: the class of persons who it is claimed are the owners of the land when the application is made; and b: any trusts, restrictions, or conditions to which it is proposed the land shall be subject. 4: On investigating the title and determining the current owners under this section, the court must define the owners as a class of persons. 5: The class of persons must include all descendants of the members of the class, and may or may not be an iwi or a hapu. 6: The court may then make an order defining the area dealt with and vesting the land in— a: the trustees of an ahu whenua trust constituted under section 215 b: if the class of persons is an iwi or a hapu, the trustees of a whenua topu trust constituted under section 216 7: The vesting order may include any terms of trust that the court thinks fit. 8: The court must not make a vesting order under this section unless it is satisfied that— a: the members of the proposed class of persons have had sufficient notice of the proposal, including the change of status to Maori freehold land, and sufficient opportunity to discuss and consider it; and b: there is a sufficient degree of support for the proposal among the members. 1953 No 94 s 161 Section 132(1) amended 6 February 2021 section 36(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 132(3)(a) replaced 6 February 2021 section 36(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 132(4) replaced 6 February 2021 section 36(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 132(5) inserted 6 February 2021 section 36(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 132(6) inserted 6 February 2021 section 36(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 132(7) inserted 6 February 2021 section 36(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 132(8) inserted 6 February 2021 section 36(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 133: Change from General land or General land owned by Maori 1: The Maori Land Court shall have jurisdiction in accordance with the succeeding provisions of this section to make a status order declaring that any land shall cease to be General land or General land owned by Maori 2: Without limiting the classes of person who may apply to the court for the exercise of its jurisdiction, the Registrar-General of Land may apply to the court for the exercise of its jurisdiction under this section in respect of any land that is beneficially owned by more than 10 Māori. 3: The court shall not make a status order under this section unless it is satisfied that— a: the land is beneficially owned by 1 or more Maori; and b: the owners have had adequate opportunity to consider the proposed change of status; and c: either— i: all the owners agree to the proposed change of status; or ii: the land can be managed or utilised effectively as Maori freehold land and a sufficient proportion of the owners agree to the proposed change of status; and d: it is desirable that the land become Maori freehold land having regard to the history of the land, and to the identity of the owners and their personal association with the land. 1953 No 94 s 433A 1974 No 73 s 57 Section 133 heading amended 1 July 2002 section 20(2) Te Ture Whenua Maori Amendment Act 2002 Section 133(1) amended 1 July 2002 section 20(1) Te Ture Whenua Maori Amendment Act 2002 Section 133(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 134: Change to Maori freehold land by vesting order on change of ownership 1: This section applies to— a: any land (other than Maori freehold land) that the beneficial owner wishes to have vested in or held in trust for any Maori or any group or class of Maori, or any Maori incorporation; and b: any land (other than Maori freehold land) acquired for or on behalf of any Maori or any group or class of Maori or any Maori incorporation; and c: any Maori land or General land owned by Maori that has at any time been acquired by the Crown or by any local authority or public body for a public work or other public purpose and is no longer required for that public work or other public purpose; and d: any Crown land reserved for Maori; or e: any Crown land (other than Crown land reserved for Maori). 2: The Maori Land Court shall have jurisdiction in accordance with the succeeding provisions of this section to make a vesting order in respect of any land to which this section applies and to declare in that order that the land shall become Maori freehold land. 3: An application to the court for the exercise of its jurisdiction under this section shall be made,— a: in any case to which subsection (1)(a) applies, by or on behalf of the beneficial owner of the land; or b: in any case to which subsection (1)(b) applies, by or on behalf of the person who has acquired the land; or c: in any case to which subsection (1)(c) applies, by or on behalf of— i: the Minister of the Crown under whose control the land is held or administered; or ii: the chief executive within the meaning of section 4 iii: the local authority or public body by which the land was acquired; or d: in any case to which subsection (1)(d) applies, the Minister of Maori Affairs; or e: in any case to which subsection (1)(e) applies, any Minister of the Crown. 4: Notwithstanding anything in subsections (1) to (3), any Minister of the Crown having responsibility in regard to the matter may apply to the court for the exercise of its jurisdiction, and on such an application the court may exercise its jurisdiction, under this section in respect of any Crown land that has not been formally set aside for the benefit of Maori. 5: An application may be made to the court, and the court may exercise its jurisdiction, under this section notwithstanding the provisions of any Act to which the land is subject, and notwithstanding any terms and conditions imposed by the Act on the sale or other disposition of the land. 6: In any application under this section, the applicant may specify— a: the person or persons in whom it is proposed the land shall be vested; and b: the price to be paid for the land, and the terms and conditions of payment; and c: any other conditions to which it is proposed the order shall be subject. 7: On an application under this section, the court may make an order vesting the land in— a: such person or persons as the court may find to be entitled to the land or otherwise in accordance with the terms of the application, in such shares as may be specified in the order; or b: a Maori incorporation or a Maori Trust Board or trustees for or on behalf of such person or persons, and on such terms of trust, as the court may specify in the order. 1953 No 94 ss 436(1)–(3), 437(1), (4) Section 134(3)(c)(ii) replaced 6 February 2021 section 37 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 135: Change from Maori land to General land by status order 1: The Maori Land Court shall have jurisdiction to make, in accordance with section 136 section 137 2: The court shall not make a status order under subsection (1) unless it is satisfied that the order may be made in accordance with section 136 section 137 3: A status order under subsection (1) may be made conditional upon the registration of any instrument, order, or notice effecting a conveyance of the fee simple estate in the land to any person or persons specified in the order. 136: Power to change status of Maori land owned by not more than 10 persons The Maori Land Court may make a status order under section 135 a: the land is beneficially owned by not more than 10 persons as tenants in common; and b: neither the land nor any interest is subject to any trust (other than a trust imposed by section 250(4) c: the title to the land is registered under the Land Transfer Act 2017 d: the land can be managed or utilised more effectively as General land; and e: the owners have had adequate opportunity to consider the proposed change of status and a sufficient proportion of the owners agree to it. Section 136 amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 Section 136(c) amended 12 November 2018 section 250 Land Transfer Act 2017 137: Power to change status of Maori land 1: The Maori Land Court may make a status order under section 135(1) a: the legal estate in fee simple in the land is vested in a Maori incorporation or the trustees of a trust constituted under Part 12 b: the title to the land is registered under the Land Transfer Act 2017 c: the alienation of the land is clearly desirable for the purpose of a rationalisation of the land base or of any commercial operation of the Maori incorporation in which or the trustees in whom the legal estate in fee simple in the land is vested; and d: the rationalisation referred to in paragraph (c) will involve the acquisition of other land by the Maori incorporation in which or the trustees in whom the legal estate in fee simple in the land is vested; and e: the quorum and voting requirements imposed by regulations made under this Act in relation to the resolution necessary to authorise the alienation referred to in paragraph (c) are impractical. 2: Where the Maori Land Court makes, in accordance with subsection (1), a status order under section 135(1) a: being applied towards— i: the purchase of a specified piece of land; or ii: the improvement of any specified piece of land owned or to be purchased by the Maori incorporation or the trustees; or iii: both; or b: being held in trust for the purposes of the acquisition of other land pursuant to a land acquisition plan approved by the court or for the purposes of the improvement of land pursuant to a land improvement plan approved by the court; or c: both. Section 137(1)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 138: Alternative or additional power of court Instead of making a vesting order under this Part, or in addition to any such order, the court may, if it thinks it necessary or convenient to do so, amend any existing instrument of title so as to include the land or any part of the land to which the application relates, and the land so included shall thereupon become subject to all reservations, trusts, rights, titles, interests, and encumbrances affecting the other land comprised in that instrument of title. 1953 No 94 s 436(4) 139: Registration of vesting orders where land formerly Maori customary land 1: The land to which any vesting order made under section 132 Land Transfer Act 2017 2: Every such order, when sealed, shall be transmitted to the Registrar-General of Land 3: 4: On receipt of the order, the Registrar-General of Land must issue a qualified record of title for the land, and all the provisions of the Land Transfer Act 2017 1953 No 94 ss 164, 165(1) Section 139(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 139(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 139(3) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 139(4) replaced 12 November 2018 section 250 Land Transfer Act 2017 140: Registration of other orders Every status order made under this Part, and every vesting order made under section 134 Land Transfer Act 2017 Part 5 1953 No 94 ss 433(4), 433A(3), 436(6), 437(6) 1973 No 106 s 13(1) 1974 No 73 s 57 Section 140 amended 12 November 2018 section 250 Land Transfer Act 2017 141: Effect of vesting orders upon registration 1: Every vesting order made under this Part shall, upon registration, have the effect of— a: freeing the land, and every part of the land, from any trusts, restrictions, or conditions to which the land was subject immediately before the making of the order; and b: vesting the land in the persons named in the order for a legal estate in fee simple, in the same manner as if the land had been granted to those persons by the Crown, and (where more than 1 person is named)— i: as tenants in common in the shares specified in the order; or ii: for land vested in the trustees of an ahu whenua trust, as joint tenants (who hold the land in trust for the beneficial owners of the land); or iii: for land vested in the trustees of a whenua topu trust, as joint tenants (who hold the land to be used or applied for the general benefit of the beneficiaries of the trust); and c: giving to the land the status of Maori freehold land. 2: Neither the making nor the registration of a vesting order under this Part shall affect any lease, licence, mortgage, charge, or other encumbrance over the land unless the court expressly orders otherwise. 1953 No 94 ss 162, 163, 436(3), (5), 437(2), (3) Section 141(1)(b) replaced 6 February 2021 section 38 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 142: Effect of status orders upon registration Every status order made under this Part shall, upon registration, or upon noting under section 124 1953 No 94 ss 433(5), 433A(4) 1973 No 106 s 13(1) 1974 No 73 s 57 143: Other land deemed Maori freehold land for succession purposes in certain circumstances Where— a: any land becomes Maori freehold land by virtue of any order made under this Part; and b: the owner of any interest in the land has died before the date of the order; and c: that owner’s interest in the land has not, at that date, been vested in the persons entitled to succeed to it or otherwise disposed of,— the land shall be deemed for the purposes of succession to that owner’s interest in the land to have been Maori freehold land at the death of the owner. 1953 No 94 ss 167, 433A(5) 1974 No 73 s 57 144: Recovery of, or trespass or injury to, Maori customary land 1: This section applies to proceedings in the Maori Land Court or any other court— a: to recover possession of Maori customary land from any person; or b: to prevent, or recover damages for, trespass or injury to the land by any person. 2: The proceedings may be brought only by the Māori Trustee on behalf of the owners of the land. Section 144 replaced 6 February 2021 section 39 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 7: Alienation of Maori land 145: Maori customary land cannot be alienated 1: Maori customary land or an interest in that land cannot be— a: alienated; or b: disposed of by will; or c: vested or acquired under an Act. 2: However, this section does not prevent— a: any change in the owners who, in accordance with tikanga Maori, hold a parcel of Maori customary land, as long as the change is made in accordance with tikanga Maori: b: the reservation of Maori customary land as a Maori reservation, the exclusion of land from the reservation, the cancellation of the reservation, any vesting related to the reservation, exclusion, or cancellation, or the grant or assignment of any lease or occupation licence over the reservation: c: the change in status of Maori customary land to Maori freehold land: d: the creation, cancellation, or variation of an easement, or laying out of a roadway, over Maori customary land. Section 145 replaced 6 February 2021 section 40 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 146: Alienation of Maori freehold land No person has the capacity to alienate any interest in Maori freehold land otherwise than in accordance with this Act. 1953 No 94 s 211 1975 No 135 s 16 147: Alienation of whole or part of block 1: Subject to this Act,— a: the sole owner of a block of Maori freehold land has the capacity to alienate the whole or any part of the land; and b: the joint tenants of a block of Maori freehold land acting together have the capacity to alienate the whole or any part of the land; and c: the owners in common of a block of Maori freehold land have the capacity to alienate the whole or any part of the land in accordance with section 150C d: the trustees of a trust constituted under Part 12 section 150A e: a Maori incorporation has the capacity to alienate the whole or any part of Maori freehold land vested in it, in accordance with section 150B 2: 3: Section 147(1)(c) substituted 1 July 2002 section 21 Te Ture Whenua Maori Amendment Act 2002 Section 147(1)(d) added 1 July 2002 section 21 Te Ture Whenua Maori Amendment Act 2002 Section 147(1)(e) added 1 July 2002 section 21 Te Ture Whenua Maori Amendment Act 2002 Section 147(2) repealed 1 July 2002 section 58(b) Te Ture Whenua Maori Amendment Act 2002 Section 147(3) repealed 1 July 2002 section 58(b) Te Ture Whenua Maori Amendment Act 2002 147A: Right of first refusal for sale or gift 1: A person referred to in section 147 2: A right of first refusal must be given in accordance with the rest of this section, unless the proposed sale or gift is to a member of a preferred class of alienees. 3: The seller or donor must give a written notice that— a: describes the land to be alienated, including— i: the name and area of the block; and ii: the street address, if applicable; and iii: the Maori Land Court district that the land is within; and b: requests tenders to buy the land (for a sale), or expressions of interest in being gifted the land (for a gift), only from members of the preferred classes of alienees. 4: The notice must be— a: sent to every member of the preferred classes of alienees whose physical or electronic address for notices is known to the seller or donor after the seller or donor has made reasonable efforts to determine the addresses; and b: published as follows and so as to ensure that members of the preferred classes of alienees are reasonably likely to learn of the proposed alienation: i: in a newspaper that circulates in the Maori Land Court district that the land is within, and in any other newspaper or newspapers; and ii: on an Internet site to which the members have access free of charge. 5: The notice must specify a deadline for receiving tenders or expressions of interest that is— a: reasonable; and b: no less than 20 working days 6: For a sale,— a: the notice must specify the terms of sale but need not disclose the minimum sale price set for the land; but b: any of the terms of sale may instead be specified in a document located at a place or on an Internet site described in the notice. 7: The seller or donor may apply to the court for a direction about what is required to satisfy their obligations under this section, and the court may give a direction on those matters. Section 147A inserted 1 July 2002 section 22 Te Ture Whenua Maori Amendment Act 2002 Section 147A(2) inserted 6 February 2021 section 41 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 147A(3) inserted 6 February 2021 section 41 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 147A(4) inserted 6 February 2021 section 41 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 147A(5) inserted 6 February 2021 section 41 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 147A(5)(b) amended 29 November 2022 section 6 Māori Purposes Act 2022 Section 147A(6) inserted 6 February 2021 section 41 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 147A(7) inserted 6 February 2021 section 41 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 148: Alienation of undivided interests 1: An owner of an undivided interest in any Maori freehold land may alienate that interest to any person who belongs to 1 or more of the preferred classes of alienee. 2: An owner of an undivided interest in any Maori freehold land may grant a mortgage in respect of that interest to a State Loan Department. 3: Except as provided in subsections (1) and (2), no owner of an undivided interest in any Maori freehold land has the capacity to alienate that interest separately. 4: Without limiting any of the foregoing provisions of this section, no owner of an undivided interest in any 2 or more areas of Maori freehold land pursuant to an aggregation order made under section 308 1953 No 94 s 215 1967 No 124 s 92 1973 No 106 s 4 1974 No 73 s 28(1) 149: Alienation of equitable interests In the case of any Maori freehold land that is vested in a trustee, every person who is absolutely entitled to any beneficial interest in the land has the same capacity to alienate that interest as that person would have if the legal interest were vested in that person. 1953 No 94 s 216 1967 No 124 s 93 150: Manner of alienation of interests in Maori freehold land 1: No undivided interest in any Maori freehold land may be alienated otherwise than by a vesting order made by the court under Part 8 2: Nothing in subsection (1) applies in relation to the alienation of— a: shares in a Maori incorporation: b: interests in shares in a Maori incorporation: c: beneficial interests in land that, by virtue of section 250(2) 3: 4: 5: 1953 No 94 ss 222, 224(1) 1967 No 124 ss 97, 98(1) 1974 No 73 s 30 Section 150 heading substituted 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 Section 150(3) repealed 1 July 2002 section 23 Te Ture Whenua Maori Amendment Act 2002 Section 150(4) repealed 1 July 2002 section 23 Te Ture Whenua Maori Amendment Act 2002 Section 150(5) repealed 1 July 2002 section 23 Te Ture Whenua Maori Amendment Act 2002 150A: Alienation by trustees 1: The trustees of a trust constituted under Part 12 a: by sale or gift, unless the sale or gift has the consent of— i: at least three-quarters of the owners, if no owner has a defined share in the land; or ii: the persons who together own at least 75% of the beneficial freehold interest in the land: b: by long-term lease, unless the court, in its discretion, approves and the long-term lease has the consent of— i: at least half of the owners, if no owner has a defined share in the land; or ii: the persons who together own at least 50% of the beneficial freehold interest in the land. 1A: However, for land vested in trustees by an order made under section 132(6) 2: Subsections (1) and (1A) section 147A 3: The trustees of a trust constituted under Part 12 a: if the alienation is by way of sale or gift, get the instrument confirmed by the court under Part 8 b: if the alienation is by way of any of the following things i: a mortgage: ii: an alienation other than a sale, gift, or mortgage (for example, a lease, licence, forestry right, easement, profit, or any other charge or encumbrance), for a term of more than 21 years, including any term or terms of renewal, or without a limited term. 4: The trustees of a trust constituted under Part 12 Section 150A inserted 1 July 2002 section 24 Te Ture Whenua Maori Amendment Act 2002 Section 150A(1A) inserted 6 February 2021 section 42(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 150A(2) amended 6 February 2021 section 42(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 150A(3)(b) amended 16 September 2011 section 8(1) Te Ture Whenua Maori Amendment Act 2011 Section 150A(3)(b)(i) added 16 September 2011 section 8(2) Te Ture Whenua Maori Amendment Act 2011 Section 150A(3)(b)(ii) added 16 September 2011 section 8(2) Te Ture Whenua Maori Amendment Act 2011 Section 150A(4) added 16 September 2011 section 8(3) Te Ture Whenua Maori Amendment Act 2011 150B: Alienation by Maori incorporation 1: A Maori incorporation must not alienate Maori freehold land vested in it— a: by sale or gift, unless the sale or gift is authorised by a special resolution passed by shareholders holding 75% or more of the total shares in the incorporation: b: by long-term lease, unless the court, in its discretion, approves and the long-term lease is authorised by a resolution passed by shareholders holding 50% or more of the total shares in the incorporation. 2: Subsection (1) and section 147A 3: A Maori incorporation that executes an instrument of alienation of Maori freehold land must,— a: if the alienation is by way of sale or gift, get the instrument confirmed by the court under Part 8 b: if the alienation is by way of any of the following things i: a mortgage: ii: an alienation other than a sale, gift, or mortgage (for example, a lease, licence, forestry right, easement, profit, or any other charge or encumbrance), for a term of more than 21 years, including any term or terms of renewal, or without a limited term. 4: A Maori incorporation that executes or obtains a transfer, variation, discharge, or surrender of anything to which subsection (3)(b) applies must send a copy of the instrument to the Registrar for noting, and the Registrar must note the contents of the instrument. Section 150B inserted 1 July 2002 section 24 Te Ture Whenua Maori Amendment Act 2002 Section 150B(3)(b) amended 16 September 2011 section 9(1) Te Ture Whenua Maori Amendment Act 2011 Section 150B(3)(b)(i) added 16 September 2011 section 9(2) Te Ture Whenua Maori Amendment Act 2011 Section 150B(3)(b)(ii) added 16 September 2011 section 9(2) Te Ture Whenua Maori Amendment Act 2011 Section 150B(4) added 16 September 2011 section 9(3) Te Ture Whenua Maori Amendment Act 2011 150C: Alienation by other owners 1: The owners in common of a block of Maori freehold land must not alienate Maori freehold land owned by them— a: by sale or gift, unless the sale or gift has the consent of— i: at least three-quarters of the owners, if no owner has a defined share in the land; or ii: the persons who together own at least 75% of the beneficial freehold interest in the land; and b: by long-term lease, unless the court, in its discretion, approves and the long-term lease has the consent of— i: at least half of the owners, if no owner has a defined share in the land; or ii: the persons who together own at least 50% of the beneficial freehold interest in the land; and c: in any other way except— i: by agreement of all the owners; or ii: pursuant to a resolution carried at a meeting of assembled owners held under and in accordance with Part 9 2: Subsection (1) and section 147A 3: A person referred to in section 147(1)(a), (b), or (c) a: if the alienation is by way of sale or gift, get the instrument confirmed by the court under Part 8 b: for any other alienation (for example, a lease, licence, forestry right, easement, profit, mortgage, charge, or encumbrance, or a transfer or variation of any of those things) section 160 4: A person referred to in section 147(1)(a) a: a transfer of anything to which subsection (3)(b) applies, if the transfer is not itself an instrument of alienation: b: a discharge or surrender of anything to which subsection (3)(b) applies. Section 150C inserted 1 July 2002 section 24 Te Ture Whenua Maori Amendment Act 2002 Section 150C(3)(b) amended 16 September 2011 section 10(1) Te Ture Whenua Maori Amendment Act 2011 Section 150C(4) added 16 September 2011 section 10(2) Te Ture Whenua Maori Amendment Act 2011 150D: Life interests A person with a life interest or a determinable life interest in Maori freehold land— a: is not capable of alienating the Maori freehold land in which the life interest is held without the consent of all persons entitled in remainder; and b: holds that interest as a kaitiaki in accordance with tikanga Maori. Section 150D inserted 1 July 2002 section 24 Te Ture Whenua Maori Amendment Act 2002 150E: Exclusion of interests in Maori land founded on adverse possession 1: Despite any other enactment or rule of law, no person may claim an interest in Maori land on the ground of adverse possession. 2: No relief may be claimed by any person for any loss or damage arising from this section. Section 150E inserted 6 February 2021 section 43 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 8: Duties and powers of court in relation to alienations of Maori freehold land Confirmation 151: Application for confirmation 1: An application to the court for confirmation of an alienation of any interest in Maori freehold land may be made,— a: in the case of an instrument of alienation, by or on behalf of any party to the instrument; or b: in the case of a resolution of assembled owners, by or on behalf of any person interested or by the Recording Officer. 2: The court may decline to consider an application for confirmation if it is made,— a: in the case of an instrument of alienation, later than 3 months after the date on which the instrument was executed by the alienor or, where the land is situated in the Chatham Islands, later than 4 months after that date; or b: in the case of a resolution of assembled owners, earlier than 10 working days 3: Notwithstanding subsection (2)(a), where an instrument of alienation 1953 No 94 ss 225(1), 317, 321 1967 No 124 s 99(a) 1976 No 148 s 8 Section 151(2)(b) amended 6 February 2021 section 44 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 151(3) amended 1 July 1994 section 6 Te Ture Whenua Maori Amendment Act 1994 152: Court to grant confirmation if satisfied of certain matters 1: The court must grant confirmation of an alienation of Maori freehold land if it is satisfied— a: that,— i: in the case of an instrument of alienation, the instrument has been executed and attested in the manner required by the rules of court; or ii: in the case of a resolution of assembled owners, the resolution was passed in accordance with this Act or regulations made under this Act; and b: that the alienation is not in breach of any trust to which the land is subject; and c: that the value of all buildings, all fixtures attached to the land, all things growing on the land, all minerals in the land, and all other assets or funds relating to the land, has been properly taken into account in assessing the consideration payable; and d: that, having regard to the relationship (if any) of the parties and to any other special circumstances of the case, the consideration (if any) is adequate; and e: that the purchase money (if any) has been paid to, or secured to the satisfaction of, the Māori Trustee section 159 f: that, if section 147A obligations 2: Before granting confirmation, the court may, with the consent of the parties, vary the terms of the instrument of alienation or resolution. 3: The Maori Land Court may confirm an alienation to a person of any Maori freehold land that is, or is part of, an overseas investment in sensitive land within the meaning of the Overseas Investment Act 2005 Section 152 substituted 1 July 2002 section 25 Te Ture Whenua Maori Amendment Act 2002 Section 152(1)(e) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 152(1)(f) amended 6 February 2021 section 45 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 152(3) substituted 25 August 2005 section 74 Overseas Investment Act 2005 153: Court’s general discretion Section 153 repealed 1 July 2002 section 58(c) Te Ture Whenua Maori Amendment Act 2002 154: Grounds on which court may refuse confirmation Section 154 repealed 1 July 2002 section 58(d) Te Ture Whenua Maori Amendment Act 2002 155: Manner of confirmation 1: If the court is satisfied that it should grant confirmation, it must,— a: for an instrument of alienation, endorse the instrument with an appropriate certificate of confirmation; or b: for a resolution of owners, make an order accordingly. 2: A certificate or order under subsection (1) has full force and effect even though there has been a minor error or irregularity in the procedure followed in making or granting the application for confirmation. Section 155 substituted 1 July 2002 section 26 Te Ture Whenua Maori Amendment Act 2002 156: Effect of confirmation 1: No instrument of alienation that is required to be confirmed under this Part shall have any force or effect until it is confirmed by the court under this Part. 2: Subject to subsection (3), on confirmation being granted, an instrument of alienation shall (if otherwise valid) take effect according to its terms, subject to the requirements (if any) of registration under the Land Transfer Act 2017 3: The confirmation of a resolution of assembled owners shall not— a: constitute a contract between the owners and any other persons; or b: impose any obligations or confer any rights upon the owners, or upon an intending alienee or other person. 4: For the purposes of the Stamp and Cheque Duties Act 1971 1953 No 94 ss 224(1), 226(2), (3), 322 1967 No 124 s 98(1) Section 156(2) amended 12 November 2018 section 250 Land Transfer Act 2017 157: Execution of instrument of alienation to give effect to resolution 1: On the confirmation of any resolution of assembled owners for the alienation of any interest in Maori freehold land, the Māori Trustee 2: Where the resolution relates to an alienation by way of lease with a right of renewal, nothing in this section shall authorise or require the Māori Trustee section 196 3: Every instrument of alienation executed by the Māori Trustee 4: The production of any record of title 5: Every instrument of alienation so executed by the Māori Trustee Māori Trustee Registrar-General of Land 6: The foregoing provisions of this section shall extend and apply with all necessary modifications to any case in which the land to be alienated is vested in the Māori Trustee 7: The owners shall not be competent to revoke the authority of the Māori Trustee 1953 No 94 s 323 Section 157(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 157(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 157(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 157(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 157(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 157(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 157(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 157(7) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 158: Special valuation required except in special cases 1: Except as may be otherwise provided by the rules of court or unless the court otherwise orders, every application for confirmation of an alienation of any interest in Maori freehold land shall be supported by a special valuation of the land or any interest in land to which the application relates. 2: Every special valuation required for the purposes of this section is to be made by a registered valuer and to be transmitted by the registered valuer to the court. 3: In making a special valuation for the purposes of this section, the registered valuer 4: For every valuation made by the registered valuer registered valuer 5: In determining in any case the adequacy of the consideration for the alienation, the court shall have regard to the valuation made by the registered valuer 1953 No 94 s 228 1967 No 124 s 101 1974 No 73 s 32 Section 158(2) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 158(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 158(4) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 158(5) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 159: Proceeds of alienation to be paid to Māori Trustee 1: Subject to the succeeding provisions of this section, all proceeds derived from the alienation of any interest in Maori freehold land shall be paid to the Māori Trustee Māori Trustee Māori Trustee 2: Nothing in this section shall apply to the proceeds of any alienation that— a: is effected by a vesting order under this Part; or b: relates to an equitable interest in Maori land that is vested in the Māori Trustee Maori Vested Lands Administration Act 1954 Maori Reserved Land Act 1955 c: is effected by the Official Assignee or by any person as the trustee, executor, or administrator of an owner, otherwise than by an instrument separately executed by more than 1 person in respect of the several interests in the same land of more than 1 owner in common; or d: is effected by a Maori incorporation; or e: is effected by the trustees of a trust constituted under Part 12 ea: is effected by the sole owner of the interest in the land; or eb: is an alienation by way of sublease or by way of assignment of a lease, sublease, licence, or easement; or f: is an alienation by way of mortgage. 3: When all money payable in respect of an alienation has been paid to, or secured to the satisfaction of, the Māori Trustee Māori Trustee 4: All money received by the Māori Trustee Māori Trustee 5: All money payable to the Māori Trustee Māori Trustee 6: For services rendered by the Māori Trustee Māori Trustee Maori Trustee Act 1953 Māori Trustee 7: For services rendered by a court appointed agent in respect of money received under this section, the agent shall likewise be entitled to commission at the rate payable to the Māori Trustee 1953 No 94 s 231 1967 No 124 s 104 1982 No 124 s 7 Section 159 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(2)(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(2)(ea) inserted 1 July 1994 section 7 Te Ture Whenua Maori Amendment Act 1994 Section 159(2)(eb) inserted 1 July 1994 section 7 Te Ture Whenua Maori Amendment Act 1994 Section 159(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(4) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(5) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(6) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 159(7) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 160: Certain instruments require only certificate of confirmation by Registrar 1: This section applies to the instruments of alienation specified in section 150C(3)(b) 2: An instrument of alienation to which this section applies has no force or effect (unless confirmed by the court under subsection (6)) until a certificate of confirmation— a: has been issued by the Registrar under this section; and b: has been noted by the Registrar in the records of the court. 3: On production to the Registrar of any instrument of alienation to which this section applies, the Registrar shall issue and seal a certificate of confirmation in respect of that instrument if the Registrar is satisfied— a: that the instrument is one to which this section applies; and b: that the instrument is properly executed; and c: that the alienation to be effected by the instrument— i: does not contravene any of the provisions of this Act; and ii: is not in breach of any trust to which the land is subject; and d: that, in the case of an instrument of alienation giving effect to a resolution of assembled owners, the resolution was duly passed with the degree of support required by this Act or regulations made under this Act or regulations made under this Act 4: For the purposes of subsection (3), the Registrar may require a written certificate as to any of the matters specified in paragraph (c) of that subsection. 5: If the Registrar is not satisfied of any of the matters referred to in subsection (3), the Registrar shall refuse to issue a certificate of confirmation. 6: In any case where the Registrar refuses to issue a certificate of confirmation, the Registrar shall, if requested to do so by the applicant, refer the matter to the court; and, in such a case, the application shall be dealt with by the court as if it were an application for confirmation made under section 151 7: Where the Registrar seals a certificate of confirmation under subsection (3), any person interested or the Registrar may, within 1 month after the day on which the certificate was sealed, apply to the court to review the sealing of that certificate; and, in such a case, the application shall be dealt with by the court as if it were an application for confirmation made under section 151 8: Where a certificate is sealed under subsection (3), that certificate shall not be issued and shall not have effect— a: before the expiration of the period of 1 month specified in subsection (7); and b: where an application in relation to the sealing of that certificate is made under subsection (7) during the period specified in that subsection, before the date on which that application is disposed of. 9: For the purposes of the Stamp and Cheque Duties Act 1971 10: The Registrar may correct accidental clerical errors made in certificates of confirmation under this section, whether or not the relevant certificate of confirmation has become effective. 1953 No 94 s 233 1976 No 124 s 106 Section 160(1) substituted 1 July 2002 section 27(1) Te Ture Whenua Maori Amendment Act 2002 Section 160(2) substituted 1 July 2002 section 27(1) Te Ture Whenua Maori Amendment Act 2002 Section 160(3)(d) amended 1 July 2002 section 27(2) Te Ture Whenua Maori Amendment Act 2002 Section 160(10) added 1 July 2002 section 27(3) Te Ture Whenua Maori Amendment Act 2002 161: Certain instruments require only noting by Registrar Section 161 repealed 1 July 2002 section 58(e) Te Ture Whenua Maori Amendment Act 2002 162: Failure to act on resolution 1: If any resolution of assembled owners is not carried into effect— a: within 6 months after the date on which it is confirmed under this Part or, if an appeal is brought against the court’s decision, within 6 months after the date on which the appeal is determined by the Maori Appellate Court; or b: within such further period as the Maori Land Court may allow on application made to it within the period of 6 months commencing with the date of confirmation,— the Maori Land Court may, without further application, but subject to the giving of such notices (if any) as the court may direct, by order annul the confirmation, and thereupon the resolution shall be deemed to have been rescinded. 2: No appeal to the Maori Appellate Court shall lie from any order made under subsection (1). 1953 No 94 s 325 1974 No 73 s 42 163: Jurisdiction of High Court to rectify instruments The High Court shall continue to have jurisdiction to order, in respect of any instrument of alienation that has been duly confirmed (whether by the court or by a certificate of the Registrar) or noted in the records of the Maori Land Court, the rectification of that instrument in accordance with the true intent of the parties, and, where it does so, no further confirmation shall be required. 1953 No 94 s 222A 1967 No 124 s 97 Vesting orders 164: Transfer of land or undivided interest by court vesting orders 1: The court may, in accordance with this section, make a vesting order for the transfer of any Maori freehold land or any undivided interest in any such land to and in favour of any person or persons to whom that land or interest may be alienated in accordance with the provisions of Part 7 2: An application for a vesting order may be made by— a: a party to a contract or arrangement relating to the proposed transfer; or b: a donor of the land or interest; or c: a trustee for a person entitled to the land or interest. 3: The provisions of sections 152 158 4: Every contract or arrangement entered into for the purposes of this section shall be executed and attested, and proven in writing, in accordance with the rules of court, but shall not be enforceable as a contract. 5: Where any money is payable by way of consideration for the proposed transfer, the court shall not sign or seal a vesting order unless and until it is satisfied that the money has been paid to the Māori Trustee 6: Where a vesting order is sought to effect a gift of any land or share having a value in excess of $2,000, the court may decline to make the order without evidence in support of the application from the alienor, either in person or in any other manner authorised by the rules of court. 7: Where a vesting order is sought to give effect to a proposed transfer and one of the parties to the transfer has died, the court may make the order if it is satisfied that proper agreement had been reached before the death of that party. 8: A person who is entitled to a beneficial interest in the land, or who will be entitled to such an interest if the order is made, shall be entitled to appear and be heard on an application for a vesting order, whether or not that person is a party to any contract or arrangement to which the application relates. 9: This section shall be read subject to section 165 section 4A section 10 1953 No 94 s 213 1974 No 73 s 28(1) 1975 No 135 s 3 Section 164(3) amended 1 July 2002 section 28 Te Ture Whenua Maori Amendment Act 2002 Section 164(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 165: Vesting of interest held in representative capacity 1: Subject to subsection (2), where any Maori freehold land or any undivided interest in any such land is held by any person acting in a representative capacity, the court may, by order, vest the land or interest in the person or persons beneficially entitled to it, or in some other person acting in a representative capacity for those persons or the person through whom they claim. 2: Where a vesting order is sought by any person acting in a representative capacity, the court shall decline to make the order unless it is satisfied that each of the persons who would be beneficially entitled to the land or interest if the order were made, has the capacity under this Act to acquire the land or interest. 3: Where more than 1 person is entitled to the land or interest covered by any application under this section, the court, in making orders, may give effect to any arrangement or agreement whereby the interest of any one person entitled is to be vested in any other person entitled; but no person entitled shall be deprived of an interest without that person’s consent. 1953 No 94 s 213A 1974 No 73 s 28(1) 1976 No 148 s 20(2) 166: Other powers of court to make vesting orders preserved Nothing in sections 164 165 167: Interests to remain subject to existing charges after vesting All land and interests in land that are vested in any person by means of a vesting order (whether made under this Part or any other Part) shall remain subject to the same charges or other encumbrances (if any) as they were subject to in the hands of the previous owner, unless they have been duly discharged. 1953 No 94 s 140 168: Liability of vesting orders to conveyance duty Section 168 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 9: Powers of assembled owners 169: Application of this Part 1: This Part applies with respect to Maori freehold land, and to General land owned by Maori. 2: Except so far as may be otherwise expressly provided, this Part shall extend and apply to land that is vested in a trustee in the same way as it applies to land vested in the beneficial owners. 3: 1953 No 94 s 304 1967 No 124 s 114 1975 No 135 s 16 Section 169(3) repealed 1 July 1994 section 10(1) Te Ture Whenua Maori Amendment Act 1994 170: Owners and assembled owners defined 1: In this Part, the term owners 2: In this Part, the term assembled owners 1953 No 94 s 305 1981 No 112 s 4(1) 171: Sale of timber, etc, to constitute alienation for purposes of this Part For the purposes of this Part, a contract of sale of any timber, flax, minerals, or other valuable thing attached to or forming part of any land, or any contract, licence, or grant conferring upon any person (whether by way of agency or otherwise) the right to enter upon any land for the purpose of removing from it any such timber, flax, minerals, or other valuable thing, shall be deemed to be an alienation of that land, unless the thing so sold or agreed to be sold or authorised to be removed has been severed from the land before the contract, licence, or grant is made or granted. 1953 No 94 s 305A 1956 No 43 s 3 172: Matters that may be dealt with by assembled owners The assembled owners of any land may consider, and, where appropriate, pass resolutions concerning, any 1 or more of the following matters: a: a proposal that the owners of the land or of any part of it shall, either by themselves or together with the owners of any other land, become incorporated under Part 13 b: a proposal that any defined land of the owners be included in an existing order of incorporation pursuant to section 251 c: a proposal that the Māori Trustee d: a proposal that any money presently held on behalf of the owners, or any money that may in the future be held on behalf of the owners, in respect of the land be applied for any specified purpose: e: a proposal that the land or any defined part of it be alienated to any named person on such terms and conditions as are specified in the proposal: f: a proposal that the land or any defined part of it be vested in a nominated tipuna: g: a proposal that— i: the lessee under any lease to which the land is subject be permitted to surrender the lease; or ii: any rent then due and payable under a lease be remitted in whole or in part or payment of it be postponed; or iii: the rent under a lease be reduced; or iv: the terms and conditions of a lease be varied, with the consent of the lessee, in the manner set out in the proposal: h: any other matter of common interest to the owners or any of them, or on which the opinion of the owners is sought by the court. 1953 No 94 s 315(1) 1967 No 124 s 115 1974 No 73 s 38 Section 172(c) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 173: Calling of meetings 1: The court may call, or direct the Registrar to call, a meeting of owners— a: on formal application by any person interested, where it is intended to put 1 or more specific resolutions to the meeting; or b: of its own motion or at the request of any owners, where it is proposed to discuss any matter referred to in section 172(h) 2: Every application made for the purposes of this section shall specify the purpose or the several purposes for which a meeting of owners is sought; and, where appropriate, shall be accompanied by a copy of the resolution or the several resolutions, whether alternative or concurrent, proposed to be submitted to the meeting. 3: Notwithstanding anything in subsection (1), in any case to which paragraph (e) or paragraph (g) of section 172 4: Subject to subsection (5), every application under this section shall be accompanied by the prescribed fee. 5: Where a meeting is sought otherwise than to consider a resolution for alienation, the court may waive the prescribed fee, in whole or in part. 6: In the course of determining any such application, the court, subject to any regulations made under this Act, and without further application, and upon such terms as to notice to parties and otherwise as the court thinks fit, may require the applicant to deposit with the Registrar within a specified time such sum of money by way of security as it thinks reasonable to meet the expenses of owners who may attend the meeting. 7: In the event of any such meeting failing for want of a quorum, any sum so deposited or any part of the sum may, upon application to the Registrar, be paid by the Registrar to such of the owners or their proxies as, in the Registrar’s opinion, have been put to undue expense or inconvenience in attending such meeting, and any balance shall be refunded to the person who deposited it. 8: No appeal shall lie against an order made under subsection (6) or subsection (7). 1953 No 94 s 307 1974 No 73 s 35 174: Notice of meetings 1: Every meeting called under section 173 a: at the time appointed by the court; and b: by 1 or both of the following means, as directed by the court: i: at a place appointed by the court: ii: using an audiovisual link with 1 or more of the persons permitted by regulations to attend. 1A: The court must summon the owners to the meeting by notice given in the prescribed manner. 2: Every notice summoning a meeting of the assembled owners shall have incorporated in, or attached to, it a statement of the terms of every proposed resolution that is to be submitted to the meeting. 3: No meeting duly summoned in the prescribed manner, and no resolution passed at any such meeting, shall be invalidated or otherwise affected merely because any owner has not in fact received notice of the holding of that meeting. 1953 No 94 ss 307(7), (8), 308(1) 1974 No 73 s 35 Section 174(1) replaced 29 November 2022 section 7 Māori Purposes Act 2022 Section 174(1A) inserted 29 November 2022 section 7 Māori Purposes Act 2022 175: Confirmation required 1: No resolution passed by the assembled owners under this Part shall have any force or effect unless and until it is confirmed by the court in accordance with Part 8 2: A resolution relating to the appointment of any person under section 172(c) 1953 No 94 s 315(1), (2) 176: Court may confirm resolution passed at informal family gathering 1: This section applies where— a: the owners of any land to which this Part applies are sufficiently interrelated as to be properly considered members of the same family; and b: the owners take the opportunity afforded by a family gathering (such as a tangi, a wedding, or a reunion) to discuss any matter of mutual interest relating to the land; and c: as a result of their discussions, the owners pass a resolution of a kind that, having regard to the specified percentage of the beneficial freehold interest in the land that those owners owned or represented and to the provisions of this Act, those owners could have passed at a duly constituted meeting of assembled owners. 2: In any case to which this section applies, application may be made to the court for the confirmation of the resolution; and the provisions of Part 8 3: Notwithstanding anything in subsection (2), the court may, before considering the application for confirmation, direct that further notice of the application be given to the owners or any of them. 177: Security for calling meeting to reconsider rejected proposal 1: Where a proposed resolution for the alienation of land to any person has been rejected by the assembled owners, no further meeting of the owners to consider a resolution to the same or substantially the same effect shall be summoned within the period of 12 months thereafter, unless there is deposited with the Registrar of the court such sum as the Registrar thinks reasonable to meet the expenses of owners attending the meeting. 2: Any sum so deposited or any part of it may be paid by the Registrar to such of the owners or their proxies as, in the Registrar’s opinion, have been put to undue expense or inconvenience in attending the meeting, and any balance shall be refunded to the person who has deposited it. 1953 No 94 s 316 178: Court may review meeting 1: The court may, on the application of any owner or the Recording Officer or the Registrar, review the calling or conduct of any meeting of assembled owners; and, if it is satisfied that the meeting was called or conducted in a manner that was unfair to any owner or group of owners, the court may set aside any resolution that was passed at the meeting and direct that the meeting be recalled to reconsider the resolution. 2: Without limiting anything in subsection (1), the court may, of its own motion, direct the recall of the meeting if it is satisfied that incorrect information was given at the meeting, or that new information is now available that should be considered by the owners, or if for any other special reason the court considers that it would be in the best interests of the owners to recall the meeting. 179: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: regulating the manner in which notice of meetings is to be given to owners under this Part, whether by personal service, post, or publication in a newspaper or otherwise: b: providing for the manner in which any voting is to be carried out by any person present at a meeting of owners under this Part: c: providing for the appointment of proxies (who shall not be prospective alienees) for owners who are unable to attend a meeting, and prescribing the circumstances in which such proxies may or may not act at any meeting: d: providing for the carrying out of voting by postal vote or other method: e: prescribing the procedure for and generally regulating the conduct of meetings of assembled owners, including the circumstances in which any person may be required to withdraw: f: prescribing those persons who may attend and vote at a meeting: g: prescribing the quorum necessary for a particular resolution: h: prescribing the required majority to carry any particular resolution: i: providing for the appointment of and prescribing the powers and duties of recording officers: j: providing for such other matters as are contemplated by or necessary for the administration of this Part. 2: The provisions of any regulations made under this section that prescribe quorum and voting requirements in relation to resolutions authorising the sale or lease of Maori freehold land shall not apply where the land to which the resolution relates is vested in a Maori incorporation within the meaning of section 4 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 179(2) added 1 July 1994 section 10(2) Te Ture Whenua Maori Amendment Act 1994 Section 179(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 10: Representation of owners of Maori land 180: Purpose of this Part The principal purpose of this Part is to provide for more effective and direct representation of the owners of Maori land in multiple ownership. 1974 No 73 s 70 181: Notice to owners of Maori land may be given to Registrar in certain cases 1: This section applies to Maori freehold land beneficially owned by more than 10 persons and not vested in any trustee or trustees. 2: Notwithstanding anything in subsection (1), the Registrar may, on any application made to the Registrar, certify that this section shall apply to any Maori land beneficially owned by not more than 10 persons and not vested in any trustee or trustees where the Registrar is satisfied that, because any owner is dead and that owner’s interests have not been vested in successors, or because the whereabouts of any owner is unknown, the giving of notice to, and the representation of, the owners in the ordinary way is impractical; and where the Registrar gives such a certificate in respect of any land, this section shall apply to that land accordingly. 3: Where it is required, under any Act, bylaw, or other enactment, that notice be given to the owners of land and no express provision is made in that enactment relating to the manner in which such notice is to be given in the case of Maori land, notice may be given to the owners of any land to which this section applies by serving it on the Registrar of the Maori Land Court for the district in which the land is situated. 4: Notwithstanding the provisions of the enactment under which notice is so given in any such case, any period fixed by or under the enactment for anything to be done by the owners by way of lodging an objection, a claim, or an appeal shall— a: not begin to run until the court has appointed an agent to represent the owners under section 183 b: be extended by 10 working days 1974 No 73 ss 71, 76 Section 181(4)(b) amended 6 February 2021 section 46 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 182: Action of court on receipt of notice 1: On receiving any notice in accordance with section 181 a: notify every owner whose address is known to the court; and b: bring the matter to the attention of the court, together with such relevant information as to the land concerned and the ownership of the land as is available. 2: Subject to subsection (3), the court, after considering all the circumstances of the case, shall direct the summoning of a meeting of owners to consider the matter to which the notice relates. 3: The court shall not direct the summoning of a meeting of owners if it is satisfied— a: that the matter is of such urgency that it must be dealt with and completed before a meeting could be held; or b: that— i: the matter does not involve any possibility of the land or any part of the land, or any interest in or over the land, being alienated, granted, or charged in any way; and ii: the matter is of insufficient importance to warrant the expense and inconvenience involved in calling a meeting of owners; and iii: the interests of the owners can be protected adequately by an agent or agents appointed under section 183 1974 No 73 s 72 183: Court may appoint agent of owners for purposes of notices, etc 1: This section applies to any land to which section 181 2: Notwithstanding anything in subsection (1), the court may, on application made to it, certify that this section shall apply to any Maori land beneficially owned by not more than 10 persons and not vested in any trustee or trustees where it is satisfied that, because any owner is dead and that owner’s interests have not been vested in successors, or because the whereabouts of any owner is unknown, the giving of notice to, and the representation of, the owners in the ordinary way is impractical; and where the court gives such a certificate in respect of any land, this section shall apply to that land accordingly. 3: The powers of the court under this section may be exercised— a: following the giving of notice to the Registrar under section 181 b: on the application of the person entitled to give any such notice; or c: on the application of any of the owners; or d: of the court’s own motion. 4: The court may, in respect of any land to which this section applies, appoint an owner, or 2 or more persons of whom at least 1 is an owner, or the Māori Trustee 5: The court shall not appoint any individual or body to be an agent of the owners under this section unless it is satisfied— a: that the individual or body has sufficient ability, experience, and knowledge to carry out the duties involved satisfactorily; and b: that the appointment of that individual or body would be broadly acceptable to the owners; and c: that the individual or body consents to the appointment. 6: An agent may be appointed for any 1 or more of the following purposes: a: to receive notices of a specified nature or concerning a specified matter: b: to protest, appeal, or make representations, in relation to any entry or proposed entry on the land, or the actual or proposed carrying out of any works on the land, or any proposed acquisition of the land by the Crown or a local authority or any other person or body for any purpose: c: to negotiate with the Crown or a local authority the terms of entry upon the land, or of the carrying out of works on the land, or the proposed acquisition of the land, and, subject to any conditions or restrictions imposed by the court, to enter into any agreement thereon: d: to negotiate for the settlement of compensation for land taken by the Crown or a local authority for a public work and, subject to any conditions or restrictions imposed by the court, to enter into any agreement thereon: e: to commence, defend, resist, or take part in proceedings of any nature relating to the land: f: to engage solicitors, valuers, engineers, or other professional or technical advisers to assist in carrying out any of the purposes for which the agents are appointed: g: to borrow money for the carrying out of any purposes for which the agents are appointed and give security for the repayment of such loans over the land or any proceeds of the land: h: to do any other specified thing in relation to the land. 7: Subject to the terms of the order appointing the agent under this section, no agent shall be personally liable for anything done by the agent in good faith in pursuance of the agent’s functions, duties, and powers under this section. 8: Without limiting anything in section 182(2) 1974 No 73 s 73(1)–(3) Section 183(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 184: Provisions applicable where meeting of owners to be summoned 1: Where the court directs under section 182(2) section 183(8) Part 9 2: At that meeting— a: the agent or one of the agents shall report to the owners on the matter in respect of which the agent or agents has or have been appointed, and shall set out the steps that the agent or agents has or have taken to date, together with all such other particulars as may be reasonably necessary to ensure that the owners attending the meeting are fully informed on the matter: b: the owners present at the meeting may do one or both of the following things: i: consider whether to apply to the court for the appointment of some other individual or body or individuals or bodies to be their agent or agents, either instead of or in addition to any individual or body already so appointed: ii: give to the agent or agents such directions or advice in relation to the duties of the agent or agents and the manner in which the agent or agents is or are to exercise the agent’s or agents’ powers, as the owners think fit. 3: Where, in pursuance of subsection (2)(b)(i), an application is made to the court for the appointment of any individual or body to be the agent or one of the agents of the owners Section 184(3) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 185: Appointment of agents for purposes of alienation, etc 1: Subject to the succeeding provisions of this section, the court may, on the application of any owner or group of owners of Maori land, or on the application of the Registrar, appoint any body or person referred to in paragraphs (b) to (f) of section 222(1) 2: An agent may be appointed under this section for any 1 or more of the following purposes: a: to receive the proceeds of any alienation of the land, not being an alienation by way of mortgage: b: to carry into effect a resolution of the assembled owners: c: to act on behalf of the owners of the reversion where a lease of the land is granted, and, in particular,— i: where the lease provides for a renewal, to execute a renewal of the lease; and ii: where the lease provides for the appointment of an arbitrator or an umpire or a valuer, to make any such appointment; and iii: to accept a surrender of the lease; and iv: to consent to an assignment, subletting, mortgage, or other parting with possession of the land; and v: to enforce the covenants of the lease and to exercise in the agent’s own name the rights and remedies that the owners of the reversion would be entitled to exercise under the lease. 3: The court shall not make any appointment under this section unless it is satisfied— a: that the proposed appointment is necessary or desirable in the interests of the owners; and b: that the proposed appointee has sufficient ability, experience, and knowledge to carry out satisfactorily the duties involved; and c: that the appointment of that body or person would be broadly acceptable to the owners; and d: that the proposed appointee consents to the appointment. 4: No person other than the Māori Trustee 5: An agent appointed for any of the purposes specified in subsection (2)(c) shall not be responsible to any alienee in respect of the default of the owners to perform or observe a covenant in the lease. Section 185(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 186: Order of appointment 1: Every order for the appointment of an agent under this Part shall specify— a: the purpose or purposes for which the agent is appointed: b: the duties and powers of the agent: c: the conditions (if any) imposed by the court on the exercise of those powers. 2: A copy of every such order shall be served on the Māori Trustee Māori Trustee Section 186(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 187: Powers of agents 1: On the appointment by the court of any agent under this Part, the person so appointed shall become the statutory agent of the owners for the purposes specified in the order of appointment and, subject to any conditions or limitations imposed in the order, shall have all the powers necessary to carry out that purpose. 2: Any notice, application, deed, instrument, or other document executed by an agent so appointed shall recite the appointment and shall have the same effect as if it had been lawfully executed by all of the owners or their trustees and as if those owners or trustees had been fully competent in that behalf. 3: An agent so appointed shall employ such reasonable means as may be practicable to inform the 1974 No 73 s 74 Section 187(3) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 188: Service of notice on agents The service of any notice concerning Maori land on the agents of the owners of the land appointed under this Part for the purposes of receiving such notices shall be as effective as if notice had been given to all the owners or their trustees. 1974 No 73 s 75 189: Court may call for account The court may at any time, either on the application of a person interested or of its own motion, require any agent appointed under this Part to report to it on any matter specified by the court in relation to the duties and powers of the agent. 190: Costs of agents The court may, on application made to it, make an order in relation to the costs of any agent (other than the Māori Trustee section 183(4) section 185(1) sections 79 to 82 Section 190 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 191: Termination of agency 1: The appointment of an agent under this Part shall cease in each of the following circumstances: a: where the purpose for which the agent was appointed has been fulfilled: b: where the agent has died, or has become incapable for any other reason of acting: c: where the agent applies to the court to be discharged: d: where the court terminates the appointment. 1A: The court may at any time terminate the appointment of an agent under this Part— a: where an application is made to the court under section 184(3) b: on the ground that the agent has failed to perform the functions, duties, and powers of the agent satisfactorily, whether or not a successor is appointed,— and may at any time amend the purposes for which an agent has been appointed. 2: On the termination of the appointment, an agent or (as the case may require) the agent’s legal representative shall deliver all money, books of account, and records held by the agent as agent of the owners to the court. Section 191(1)(d) substituted 1 July 1994 section 11 Te Ture Whenua Maori Amendment Act 1994 Section 191(1A) inserted 1 July 1994 section 11 Te Ture Whenua Maori Amendment Act 1994 11: Leases 192: Interpretation In this Part, unless the context otherwise requires,— improvements effected by a lessee lease lessor lessee rent 1953 No 94 s 234 193: Application of provisions of Part 11 1: Nothing in sections 195 to 199 Part 12 2: Where a special valuation is made under section 207 Part 12 Māori Trustee section 208 a: subsection (1) of that section did not require the certificate in relation to that valuation to be served on the Māori Trustee it be served b: subsection (2) of that section Māori Trustee c: subsection (6) of that section did not require the Registrar of the court to give to the Māori Trustee 3: Where section 209 Part 12 Māori Trustee 4: Section 50 Section 193 substituted 24 June 1996 Te Ture Whenua Maori Amendment Act 1996 Section 193(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 193(2)(a) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 Section 193(2)(a) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 193(2)(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 193(2)(c) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 193(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 194: Leases not to contain option to purchase 1: No lease or agreement to lease any Maori freehold land shall contain a provision conferring on the lessee a right to purchase the freehold of the land. 2: No such provision contained in any lease or agreement to lease of any Maori freehold land executed at any time on or after 8 November 1974 (being the date of the commencement of Part 7 of the Maori Affairs Amendment Act 1974 1953 No 94 s 234B 1974 No 73 s 33 195: Māori Trustee The powers and duties conferred by sections 196 to 199 Māori Trustee section 185 Section 195 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 195 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 196: Execution of renewals 1: The lessee under any lease of Maori freehold land (whether granted before or after the commencement of this Act) who claims to be entitled to a renewal of the lease may apply— a: to the Māori Trustee section 185 b: if some other person has been so appointed, to that other person— to execute an instrument of renewal in accordance with the terms of the lease. 2: If satisfied that the lessee is entitled to a renewal, the Māori Trustee 3: If not satisfied that the lessee is entitled to a renewal of the lease, the Māori Trustee Part 9 4: Nothing in this section shall limit or affect the authority of the High Court to make an order for specific performance, or to grant to a lessee any other relief in respect of the failure of the owners, or the Māori Trustee 1953 No 94 s 237 1962 No 45 s 21 Section 196(1)(a) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 196(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 196(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 196(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 197: Appointment of valuers for purposes of lease 1: If any lease of Maori freehold land contains provision for the appointment by the lessor of a valuer, an arbitrator, or an umpire for any purpose connected with the lease and the lessor has failed to comply with that provision, the Māori Trustee 2: Before making an appointment under this section, the Māori Trustee Māori Trustee Māori Trustee 1953 No 94 s 238 1962 No 45 s 22 Section 197(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 197(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 198: Enforcement of covenants of lease 1: On application by or on behalf of the owners of any Maori freehold land held under lease, or without requiring any such application in any case where the Māori Trustee Māori Trustee section 185(2)(c)(v) Māori Trustee 2: In the course of exercising his or her rights under this section, the Māori Trustee 3: Before exercising any rights under this section or in the course of exercising any such rights, the Māori Trustee Māori Trustee Māori Trustee Māori Trustee 1953 No 94 s 239 1974 No 73 s 34 Section 198(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 198(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 198(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 199: Assignment or sublease of lease 1: The consent of the Māori Trustee a: the assignment of any lease of Maori freehold land executed after the date of the commencement of this Act; or b: the sublease of any lease to which paragraph (a) applies. 2: Any consent given under subsection (1) may be subject to— a: such conditions as the Māori Trustee b: the payment of such fees as may be prescribed. 3: 4: 1953 No 94 s 239A 1962 No 45 s 23 1964 No 46 s 9 Section 199(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 199(2)(a) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 199(3) repealed 1 July 2002 section 58(f) Te Ture Whenua Maori Amendment Act 2002 Section 199(4) repealed 1 July 2002 section 58(f) Te Ture Whenua Maori Amendment Act 2002 200: Execution of instruments 1: Every instrument executed for the purposes of this Part by the Māori Trustee 2: 3: Every instrument so executed by the Māori Trustee Māori Trustee Registrar-General of Land 1953 No 94 s 240 Section 200(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 200(2) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 200(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 200(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 201: Valuations for revision of rent 1: Where any lease of Maori freehold land or of General land owned by Maori contains a provision for the revision of the rent during the term of the lease or for a right of renewal for a further period of years and the basis for the computation of the revised rent or the rent for the renewed period is expressed to be a special Government valuation of the land comprised in the lease, the provisions of this section shall apply to the making of any such valuation. 2: The Māori Trustee a: nominate a registered valuer to conduct a valuation for the purposes of this section; and b: notify the lessee in writing of the name of the valuer. 2A: If the lessee does not object to the registered valuer within 10 working days 2B: If the lessee does object within 10 working days 3: A person who requests a valuation for the purposes of this section must supply to the registered valuer either an original or counterpart copy of the lease, or a copy verified by statutory declaration as being a true copy of the clauses of the lease relating to the revision of the rent, or the renewal of the lease, as the case may require, the area of the land, the term of the lease, the original rent, and any record contained in the lease identifying improvements existing on the land at the commencement of the lease and in respect of which no capital payment has been made by the lessee at the commencement of the lease. 4: Where the lease provides that improvements effected by the lessee during the term of the lease or any class of any such improvements shall not be taken into account for the purpose of revising the rent or renewing the lease, as the case may require, the value of any such improvements shall be shown separately in the valuation made for the purposes of this section. 5: Subsections (2) to (7) of section 207 section 208 6: Until the revised rent has been determined, the lessee shall remain liable to continue paying rent at the then current rate, with an appropriate adjustment to be made between the parties when the revised rent is determined. 1953 No 94 s 249A; 1959 No 90 s 21 1975 No 135 s 4 Section 201(2) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 201(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 201(2A) inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 201(2A) amended 6 February 2021 section 47 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 201(2B) inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 201(2B) amended 6 February 2021 section 47 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 201(3) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 201 compare note substituted 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 202: New rent payable pending objections In any case to which section 201 a: the revised rent or the rent for the renewed period shall be computed on the basis of the special Government valuation, and shall be payable by the lessee from the date provided in the lease (in the case of a revised rent) or the day after the date on which the current term expires (in the case of a renewal), whether or not the lessee or any owner files an objection to the valuation: b: if an objection to the valuation is filed,— i: there shall, when that objection has been finally determined, be an accounting between the parties as to any shortfall or excess in the rent already paid; and ii: the Māori Trustee Māori Trustee Māori Trustee Section 202(b)(ii) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 203: Apportionment of rent Where any Maori freehold land or General land owned by Maori is held under 2 or more separate titles but relates to the same lease, the rent received in respect of that land shall be apportioned to the separate areas in such manner as may be fixed by the lease or, where the proportions are not fixed by the lease, in such manner as the Māori Trustee Section 203 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 204: Service of notices 1: A notice given to a person under this Part must be given— a: by delivering it personally, or through someone else (such as a courier), to the person; or b: by sending it by email to the person at an email address that is used by the person. 2: In the absence of proof to the contrary,— a: a notice sent in accordance with subsection (1)(b) is treated as having been given to the person on the next working day after the date on which it was emailed; and b: to prove that the notice was emailed, it is sufficient to prove that it was sent to the email address. 3: 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 same in accordance with subsection (1) on the agent. 4: Service of any notice may be effected in accordance with subsection (1) on the personal representative of any deceased person. 1953 No 94 s 250 Section 204(1) replaced 6 February 2021 section 48 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 204(2) replaced 6 February 2021 section 48 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 205: Special savings provision 1: Notwithstanding the repeal of section 286 of the Maori Land Act 1931 section 30 of the Maori Purposes Act 1950 section 286 Part 2 of the Maori Purposes Act 1950 2: All money payable to a lessee as compensation for improvements under any lease referred to in subsection (1) shall constitute a charge upon the land comprised in the lease, and when the compensation becomes payable in accordance with the provisions of the lease, the charge may be enforced by the court by the appointment of a receiver. 3: Every such charge shall cease and determine on the expiration of 6 months after the date when the compensation becomes payable unless the lessee, before the expiration of the said period of 6 months or within such extended time as the court may allow pursuant to the provisions of subsection (4), has taken all necessary steps required of the lessee to have the amount of compensation determined in the manner provided by the lease, and has applied to the court for the appointment of a receiver for the enforcement of the charge. 4: On an application made by the lessee before the expiration of the said period of 6 months, the court may, subject to such terms and conditions as it thinks just, extend the said period for a further period not exceeding 6 months. 1953 No 94 s 251 206: Application of sections 207 to 209 1: Subject to subsection (2), the provisions of sections 207 to 209 2: The provisions of sections 207 to 209 a: under Part 25 of the Maori Affairs Act 1953 section 6 b: under Part 2 except so far as they are expressly incorporated in or applied by the lease. 1953 No 94 s 241 207: Compensation to be ascertained by valuation 1: For the purpose of ascertaining the amount of compensation to which the lessee under any lease to which this section applies is entitled in accordance with the terms of the lease and this Part, the Māori Trustee a: nominate a registered valuer to make a valuation of the land comprised in the lease as at the date of the termination of the lease, or as at such other date as the lease provides; and b: notify the lessee in writing of the name of the registered valuer. 1A: If the lessee does not object to the registered valuer within 10 working days 1B: If the lessee does object within 10 working days 2: On the completion of a special valuation under this section, the registered valuer a: the name of the lessee: b: the area of the land comprised in the lease, and the name by which the land is commonly known or other description of the land sufficient to identify it: c: a list of the improvements and the value of those improvements either separately or in classes: d: the unimproved value of the land: e: the capital value of the land. 3: For the purposes of this section, the expressions capital value value of improvements Valuation of Land Act 1951 (as in force before its repeal by section 53 4: Notwithstanding that the meaning of the expressions capital value value of improvements Valuation of Land Act 1951 5: For the purposes of any determination by a registered valuer Valuation of Land Act 1951 improvements improvements provided that the reclamation of land from the sea shall not in any case be deemed to be improvements either of the land reclaimed or of any other land: provided also that work done or material used on or for the benefit of any land by the expenditure of capital or labour by any owner or occupier of the land in the provision of roads or in the provision of water, drainage, or other amenities in connection with the subdivision of the land for building purposes shall not, after the land has been sold or another person has taken actual occupation of the land (whether by virtue of a tenancy for not less than 6 months or not), be deemed to be improvements on that land. 6: For the purposes of any determination by a registered valuer unimproved value 7: Every certificate given by a registered valuer section 208 1953 No 94 s 244 1967 No 124 s 110 Section 207(1) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 207(1A) inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(1A) amended 6 February 2021 section 49 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 207(1B) inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(1B) amended 6 February 2021 section 49 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 207(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(5) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(6) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 207(7) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 208: Notice of valuation and right of objection 1: As soon as practicable after making any special valuation under section 207 registered valuer Māori Trustee 2: The Māori Trustee 3: Every notice given under subsection (2) shall state the date before which objections to the valuation may be made, being in each case a period not less than 2 months after the date of service, and shall specify the office of the District Court in which objections shall be filed. 4: If the lessee or any owner objects to any of the values as appearing in the certificate, the lessee or owner may, within the time specified in that behalf in the notice given under subsection (2), file an objection to the valuation in the appropriate office of the District Court. 5: Every objection shall specify the several items to which the objection relates, and with respect to each item shall specify the grounds of the objection. 6: On the filing of any such objection, the Registrar of the court shall forthwith give to the Māori Trustee registered valuer 7: For the purposes of the foregoing provisions of this section, the expression the appropriate office of the District Court section 2 8: All objections made in the manner prescribed by this section are to be heard and determined in similar manner to objections made to valuations under the Rating Valuations Act 1998 sections 34 35 36 38 a: the registered valuer had been appointed by a territorial authority to review the objection; and b: the review had been made under section 34 c: the references to a territorial authority in sections 34(4) 35 36 9: If, on the hearing of any objection, any alteration in the valuation is made, the registered valuer 1953 No 94 s 245 1968 No 42 s 15 1977 No 15 s 6(6) Section 208(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 208(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 208(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 208(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 208(6) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 208(8) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 208(9) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 209: Record of improvements, etc 1: Any lease providing for the payment of compensation for improvements effected by the lessee may stipulate that a record of the state and condition of the land and of any improvements existing on it as at the commencement of the lease, and a valuation of the land, shall be made in accordance with this section. 2: On the request of any party to any such lease made within 2 months after the grant of the lease, the Māori Trustee 3: The Māori Trustee sections 207 208 4: The cost of making any such record and valuation shall be deemed to be an expense properly deductible, by instalments or otherwise, from any rent received from the lease of the land in respect of which the record is made. 5: Where the lessee under a farm lease makes, or proposes to make, any improvements in respect of which the lessee will be entitled to compensation, the lessee shall be entitled, on application to the Māori Trustee Māori Trustee 6: Every such record shall be made at the cost in all things of the lessee. 7: Every record made under this section shall be retained by the Māori Trustee 1953 No 94 s 249 1967 No 124 s 112 Section 209(3) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 209(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 209(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 209(7) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 12: Trusts 210: Interpretation In this Part, unless the context otherwise requires,— advisory trustee a: who is appointed to advise the responsible trustee, whether on the administration of the trust generally or on any particular matter or matters relating to the trust; and b: who is not responsible for the administration of the trust; and c: in whom the trust property is not vested custodian trustee a: in whom the trust property is vested; and b: who is not responsible for the administration of the trust Maori community purposes section 218 person under disability Mental Health (Compulsory Assessment and Treatment) Act 1992 a: who is a minor; or b: c: who is detained in a prison d: who by reason of age or of physical or mental disablement, lacks, wholly or partly, in the opinion of the court, the competence to manage his or her own affairs in relation to his or her property responsible trustee Section 210 person under disability repealed 10 September 2008 section 21(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 210 person under disability paragraph (c) amended 1 June 2005 section 206 Corrections Act 2004 Constitution of trusts 211: Maori Land Court to have exclusive jurisdiction 1: The Maori Land Court shall have exclusive jurisdiction to constitute putea trusts, whanau trusts, ahu whenua trusts, whenua topu trusts, and kai tiaki trusts in accordance with this Part. 2: Nothing in this section prevents any person or body constituting under any other Act or by any instrument any trust of a kind specified in subsection (1). 212: Putea trusts in respect of land interests 1: The court may, in accordance with this section, constitute a putea trust in respect of any interests in Maori land or General land owned by Maori or, subject to any minimum share unit fixed in accordance with its constitution, any shares in a Maori incorporation. 2: A putea trust may be constituted under this section where— a: it is impractical, or otherwise undesirable, because of the minimal value of the interests or share, or because any person beneficially entitled, or the present whereabouts of any such person, is unknown,— i: to continue to pay the income derived from the interests to the persons beneficially entitled to that income; or ii: to allow further succession to the interests; or b: all the persons beneficially entitled to the interests or shares agree to the constitution of the trust. 3: Subject to subsection (4), an application for the constitution of a putea trust under this section may be made— a: by or on behalf of— i: the person or persons beneficially entitled to the interests to which the application relates; or ii: any trustees in whom are vested the interests to which the application relates; or iii: where the application relates in whole or in part to shares in a Maori incorporation, the Secretary of the incorporation; and b: in respect of any interests in 1 block of land or in any 2 or more blocks of land, or in respect of any shares in 1 incorporation or in 2 or more incorporations, or in respect of any such interest and any such shares. 4: Where a putea trust has been or is to be constituted under this section in respect of any interests in land that is vested in the trustees of some other trust, or in respect of any shares in a Maori incorporation, the court may, on application by or on behalf of the trustees or the incorporation, fix a minimum value in respect of the other interests in that land or the other shares in that incorporation, or in respect of the income derived from those other interests or shares, below which the trustees or the incorporation shall be entitled to transfer those interests or shares to the trustees of the putea trust for the purposes of that trust. 5: The court shall not grant an application made under this section by or on behalf of the trustees of the land or the incorporation unless it is satisfied— a: that, before proceeding with the application, the applicant or applicants took sufficient steps to inform the owners of the interests to which the application relates of the intention to make the application; and b: that the owners have had a sufficient opportunity to consider the matter. 6: The land, money, and other assets of a putea trust constituted under this section shall be held for Maori community purposes, or for such Maori community purposes as the court may specify either on the constitution of the trust or on application at any time thereafter, and the income derived from those assets shall be applied by the trustees in accordance with section 218 7: The beneficiaries of a putea trust constituted under this section shall be,— a: where the trust is constituted in respect of any interests in any block or blocks of land, the persons beneficially entitled to those interests at the time the trust is constituted, and their descendants; or b: where a trust is constituted in respect of any shares in a Maori incorporation, the persons entitled to those shares at the time the trust is constituted, and their descendants. 8: While a putea trust constituted under this section remains in existence, no person shall be entitled to succeed to any interests vested in the trustees for the purposes of the trust. 213: Interests of beneficiaries of putea trust 1: Notwithstanding the constitution of a putea trust under section 212 2: Where a putea trust is constituted in respect of shares in a Maori incorporation,— a: the shareholders and not the trustees of the putea trust shall be entitled to exercise the voting powers conferred by the shareholding; but b: the Maori incorporation shall give to the trustees of the putea trust and not to the shareholders any notices issued by the Maori incorporation to shareholders. 214: Whanau trusts 1: The court may, in accordance with this section, constitute a whanau trust in respect of any beneficial interests in Maori land or General land owned by Maori or, subject to any minimum share unit fixed by its constitution, any shares in a Maori incorporation. 2: An application for the constitution of a whanau trust under this section— a: shall be made— i: by or with the consent of the owner or all of the owners of the interests or shares to which the application relates; or ii: by the administrator of an estate to give effect to a testamentary disposition purporting to constitute a whanau trust; or iii: by the administrator of an estate acting by and with the consent of the persons entitled to succeed to the interests or shares to which the application relates; and b: may be made in respect of any interests in 1 block of land, or in any 2 or more blocks of land, or in respect of any shares in 1 incorporation or in 2 or more incorporations, or in respect of any such interests and any such shares; and c: may be made notwithstanding that the land or any part of it or the shares or any of them is or are already held for the purposes of any other kind of trust constituted under this Part. 3: The land, money, and other assets of a whanau trust shall be held, and the income derived from those assets shall be applied, for the purposes of promoting the health, social, cultural and economic welfare, education and vocational training, and general advancement in life of the descendants of any tipuna (whether living or dead) named in the order. 4: Notwithstanding anything in subsection (3), the court may, either on the constitution of a whanau trust or on application at any time thereafter, empower the trustees to apply any part of the trust income that is not required for the purposes of the trust (as described in that subsection), for Maori community purposes generally or for such Maori community purposes as the court may specify; and, in such a case, the trustees may apply any such part of the trust income in accordance with section 218 5: In any case to which subsection (4) applies, the beneficiaries shall be,— a: where the trust is constituted in respect of any interests in any block or blocks of land, the persons beneficially entitled to those interests at the time the trust is constituted, and their descendants; or b: where the trust is constituted in respect of any shares in a Maori incorporation, the persons who are for the time being the beneficial owners of those shares, and their descendants. 6: While a whanau trust constituted under this section remains in existence, no person shall be entitled to succeed to any interests or shares vested in the trustees for the purposes of the trust. 215: Ahu whenua trusts 1: The court may, in accordance with this section, constitute an ahu whenua trust in respect of any Maori land or General land owned by Maori. 2: An ahu whenua trust may be constituted where the court is satisfied that the constitution of the trust would promote and facilitate the use and administration of the land in the interests of the persons beneficially entitled to the land. 3: An application for the constitution of an ahu whenua trust under this section— a: shall be made in respect of all the beneficial interests in 1 block or in 2 or more blocks of land; and b: may be made by or on behalf of any of the owners or the Registrar of the court. 4: The court shall not grant an application made under this section unless it is satisfied— a: that the owners of the land to which the application relates have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and b: that there is no meritorious objection to the application among the owners, having regard to the nature and importance of the matter. 5: and, except for land vested in trustees by an order made under section 132(6) 6: Notwithstanding anything in subsection (5), the court may, either on the constitution of an ahu whenua trust or on application at any time thereafter, empower the trustees to apply the whole or any part of any specified portion of the trust income for Maori community purposes or for such Maori community purposes as the court may specify, and, in such a case, the trustees may apply any part of such specified portion of the trust income in accordance with section 218 7: In any case to which subsection (6) applies, the beneficiaries shall be the beneficial owners of the block or blocks of land vested or to be vested in the trustees for the purposes of the trust. 8: The constitution of an ahu whenua trust shall not affect any person’s entitlement to succeed to any beneficial interest in any land vested in the trustees for the purposes of the trust. Section 215(5) amended 6 February 2021 section 50 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 215(5) amended 1 July 1994 section 12 Te Ture Whenua Maori Amendment Act 1994 216: Whenua topu trusts 1: The court may, in accordance with this section, constitute a whenua topu trust in respect of any Maori land or General land owned by Maori. 2: A whenua topu trust may be constituted where the court is satisfied 3: An application for the constitution of a whenua topu trust under this section— a: shall be made in respect of all the beneficial interests in 1 block or in 2 or more blocks of land; and b: may be made by or on behalf of any of the owners or the Registrar of the court. 4: The court shall not grant an application made under this section unless it is satisfied— a: that the owners of the land to which the application relates have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and b: that there is no meritorious objection to the application among the owners, having regard to the nature and importance of the matter. 5: The land, money, and other assets of a whenua topu trust shall be held for Maori community purposes, or for such Maori community purposes as the court may specify either on the constitution of the trust or on application at any time thereafter, and shall be applied by the trustees in accordance with section 218 6: Except as provided in subsection (7), while a whenua topu trust constituted under this section remains in existence, no person shall be entitled to succeed to any interests vested in the trustees for the purposes of the trust. 7: Notwithstanding anything in subsection (5), but subject to subsection (8), the court may, either on the constitution of a whenua topu trust or on application at any time thereafter, order in respect of any specified interests vested in the trustees for the purposes of the trust that the interests shall be deemed to be held for the persons named or described in the order, and the income arising from those interests shall thereafter be paid to those persons and their successors accordingly. 8: The court shall not make an order under subsection (7) unless it is satisfied that the order is necessary to protect the interests of any owner of a large interest in the land vested or to be vested in the trustees for the purposes of the trust. Section 216(2) amended 1 July 2002 section 29 Te Ture Whenua Maori Amendment Act 2002 217: Kai tiaki trusts 1: The court may, in accordance with this section, constitute a kai tiaki trust in respect of any interests in Maori land or General land, or any shares in a Maori incorporation, or any personal property, to which any person under disability is beneficially entitled. 2: In determining whether or not it should exercise its jurisdiction under this section in relation to any person, the court may have regard to the degree to which the person is subject, or is liable to be subjected, to undue influence in the management of his or her own affairs in relation to his or her property. 3: The court shall not constitute a kai tiaki trust in respect of any interests in Maori land or General land or any shares in a Maori incorporation or any personal property in respect of which a property order is in force under the Protection of Personal and Property Rights Act 1988 4: The court shall not constitute a kai tiaki trust in respect of any interests in General land to which a person under disability is beneficially entitled unless that person is Maori. 5: A kai tiaki trust may be constituted where the court is satisfied that the constitution of the trust would best protect and promote the interests of the person under disability. 6: Every order constituting a kai tiaki trust under this section shall state the nature of the disability for which the trust is constituted. 7: Where that disability is the minority of the person concerned, the following provisions shall apply: a: the order shall state the date of birth of that person: b: subject to paragraph (c), the powers of the trustees shall cease and determine, without any order in that behalf, on the expiry of the day before the date on which that person attains the age of 20 years: c: if it appears to the court, on application made to it before that person attains that age, that, on attaining that age, that person will still be under disability (of some other nature), the court may, by order, continue the trust in existence beyond the date on which that person will attain that age. 8: The land, money, and other assets of a kai tiaki trust shall be held in trust for the person under disability. 9: While a kai tiaki trust constituted under this section remains in force, the beneficiary shall not be capable of exercising any powers in respect of the alienation of the trust property, other than an alienation by will if that person has testamentary capacity. 10: The constitution of a kai tiaki trust shall not affect any person’s entitlement to succeed to any beneficial interest in any land or shares vested in the trustees for the purposes of the trust. 218: Maori community purposes 1: Where any income of a trust constituted under this Part is to be applied for Maori community purposes, the trustees may provide money for the benefit or advancement of any specified beneficiary, any class or classes of beneficiaries, or the interests of any hapu associated with any land belonging to the trust, and its members, whether directly or indirectly. 2: Without limiting the generality of subsection (1), in any such case the trustees may from time to time, subject to the terms of the trust order, 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; or 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, cultural, and economic welfare— i: by making grants or loans for the relief of poverty or distress; or ii: by developing, subsidising, or making grants or loans for farming or other industries; or 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, kohanga reo, villages, marae iv: by establishing, maintaining, and equipping hostels for the purpose of providing either permanent or temporary accommodation; or 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 trustees think fit; or vi: by promoting, carrying out, or subsidising roading schemes, power schemes, or such other schemes as the trustees think 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 Maori, or the development of land; or viii: 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: c: the promotion of education and vocational training— i: by assisting in the establishment, equipping, managing, and conducting of schools and other educational or training institutions, including kohanga reo, by making grants of money, equipment, or material to schools and other educational or training institutions, including kohanga reo; or by making grants to the Maori Education Foundation established by the Maori Education Foundation Act 1961 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; or iii: by providing books, clothing, or other equipment for the holders of scholarships or other individuals, 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; or iv: by providing, maintaining, or contributing towards the cost of residential accommodation for children in relation to their education or training: d: such other or additional purposes as the trustees with the approval of the court from time to time determine. 3: Nothing in this section shall prevent the trustees 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 that individual’s exclusive benefit unless that individual is a beneficiary or a descendant of a beneficiary. Section 218(2)(b)(iii) amended 1 July 2002 section 30 Te Ture Whenua Maori Amendment Act 2002 219: Trust order 1: The court shall, by order, set out the terms of any trust constituted under this Part. 2: Notwithstanding anything in this Act or the Land Transfer Act 2017 Section 219(2) amended 12 November 2018 section 250 Land Transfer Act 2017 220: Vesting order 1: On constituting any trust under this Part, the court may, by order, vest the land and other assets in respect of which the trust is constituted in the responsible trustees or a custodian trustee upon and subject to the trusts declared by the court in a separate trust order. 2: The vesting order shall take effect according to its terms to vest the land or other assets in the person or persons named in the order, solely or as joint tenants, as the case may require, without any conveyance, transfer, or other instrument of assurance, together with all rights and remedies (if any) to which the owners were entitled in respect of the land immediately before the vesting but subject to any lease, licence, mortgage, charge, or other encumbrance to which the land or assets may be subject at the date of the making of the order, and the fact that the land or other assets is or are held by that person or those persons on trust shall be stated in the vesting order. 3: When a vesting order is made under this section in respect of any customary land, the land included in the order shall, on the making of the order, become subject to the Land Transfer Act 2017 section 139 section 132 4: Where the court is satisfied, on the application of the person or persons in whom any land or other assets are vested by an order made under subsection (1), that the whole or part of that land or the whole or part of those assets is to be sold, the court may, if it thinks fit, by order revoke all or any of the trusts in respect of the land or assets to be sold. 5: The Registrar-General of Land must— a: adjust the register as necessary to give effect to any vesting order or order of revocation made by the court under this section; and b: note in the register that the land is vested in the persons named as trustees or that the trust on which the land was vested in the persons named as trustees has been revoked. Section 220(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220(5) replaced 12 November 2018 section 250 Land Transfer Act 2017 220A: Registration of land in name of trust or tipuna 1: This section applies to land or an interest in land that constitutes the whole or part of the property of a trust. 2: The trustees of a trust may give a direction that land that is registered or registrable under the Land Transfer Act 2017 a: be registered in the name of— i: the trust applying to that land; or ii: a tipuna; or b: no longer be registered in the name of the trust applying to that land, or a tipuna, and instead be registered in the names of the trustees. 3: The Registrar-General of Land must implement a direction under subsection (2) if the Registrar-General of Land receives— a: a copy of the direction from the Registrar; and b: a certificate of the Registrar confirming the direction. 4: To give a direction under subsection (2), the trustees must present to the Registrar— a: a direction in writing, addressed to the Registrar-General of Land, executed by the trustees, saying whether the direction is given under paragraph (a) or (b) of subsection (2); and b: a certificate executed by the trustees identifying the beneficiaries of the trust; and c: evidence of a resolution of beneficiaries approving the direction. 5: Subsections (2) and (3) apply despite anything in the Land Transfer Act 2017 6: If the documents received under subsection (4) comply with that subsection, the Registrar must— a: issue a certificate to the Registrar-General of Land confirming the direction; and b: forward a copy of the direction and that certificate to the Registrar-General of Land. 7: Trustees who give a direction under subsection (2)— a: retain the rights, duties, and powers of the registered proprietor of the land even though the land may not be registered in their name; and b: must exercise those rights, duties, and powers in their own names. 8: The Registrar-General of Land— a: is entitled to rely on the Registrar’s certificate issued under subsection (6)(a) as sufficient evidence that the direction has been given properly, unless there is evidence to the contrary; and b: must have regard to subsection (7). 9: The Registrar may issue a certificate stating the names of the trustees of land registered in the name of a trust or a tipuna, and the Registrar-General of Land is entitled to rely on that certificate as sufficient evidence that the persons named are those trustees. 10: A certificate under subsection (9) must accompany an instrument that is— a: executed by the trustees of land registered in the name of a trust or a tipuna; and b: lodged for registration with the Registrar-General of Land. Section 220A inserted 1 July 2002 section 31 Te Ture Whenua Maori Amendment Act 2002 Section 220A(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220A(5) amended 12 November 2018 section 250 Land Transfer Act 2017 221: Power of court to amalgamate trusts 1: The court may order the amalgamation of 2 or more trusts (other than kai tiaki trusts) constituted under this Part, if— a: all trustees of the trusts to be amalgamated apply for the order; and b: the court is satisfied that— i: the beneficiaries of the trusts to be amalgamated have had sufficient notice of the proposal to amalgamate and sufficient opportunity to discuss and consider it; and ii: there is a sufficient degree of support for the application among the beneficiaries of the trusts to be amalgamated. 2: Where any 2 or more ahu whenua or whenua topu trust are amalgamated, the income shall be held for such purposes as are specified in the order for the amalgamation of the trusts. Section 221(1) substituted 1 July 2002 section 32 Te Ture Whenua Maori Amendment Act 2002 Appointment and powers of trustees 222: Appointment of trustees 1: Subject to subsections (2) and (3), the court may appoint as trustee of any trust constituted under this Part— a: an individual; or b: a Maori Trust Board constituted under the Maori Trust Boards Act 1955 c: a Maori incorporation; or d: the Māori Trustee e: Public Trust ; or f: a trustee company within the meaning of the Trustee Companies Act 1967 2: The court, in deciding whether to appoint any individual or body to be a trustee of a trust constituted under this Part,— a: shall have regard to the ability, experience, and knowledge of the individual or body; and b: shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. 3: The court shall not appoint any individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. 4: Subject to subsection (5), the court may appoint any such individual or body as a responsible trustee, or an advisory trustee, or a custodian trustee. 5: For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. Section 222(1)(d) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 222(1)(e) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 222(1)(e) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 223: General functions of responsible trustees Every person who is appointed as a responsible trustee of a trust constituted under this Part shall be responsible for— a: carrying out the terms of the trust: b: the proper administration and management of the business of the trust: c: the preservation of the assets of the trust: d: the collection and distribution of the income of the trust. 224: Special provisions where advisory trustee appointed Where any individual or body is appointed as an advisory trustee of a trust constituted under this Part, the following provisions shall apply: a: the responsible trustees may consult the advisory trustee on any matter relating to the trust: b: the advisory trustee may advise the responsible trustees on any matter relating to the trust: c: where any advice or direction is tendered or given by the advisory trustee, the responsible trustees may follow that advice or direction and act on it, and they shall not be liable for anything done or omitted by them in reliance on that advice or direction: d: in any case where the responsible trustees consider that any such advice or direction conflicts with the terms of the trust, or is contrary to law, or exposes them to any liability, or is otherwise objectionable, they may apply to the court for directions in the matter; and, in such a case,— i: the decision and order of the court shall be final and shall bind the responsible trustees and the advisory trustee; and ii: the court may make such order as to costs as appears proper: e: nothing in paragraph (d) shall oblige the responsible trustees to apply to the court for directions in respect of any matter: f: where 2 or more advisory trustees have been appointed in respect of a trust and they are not unanimous in respect of any advice or direction tendered to the responsible trustees, the trustees may similarly apply to the court for directions: g: no person dealing with the responsible trustees in relation to any trust property shall be concerned to inquire as to the concurrence or otherwise of the advisory trustee, or be affected by notice of the fact that the advisory trustee has not concurred: h: subject to the order creating the trust and to any further order of the court, in any case where remuneration is payable to the responsible trustees, remuneration or commission may be paid to both the responsible trustees and the advisory trustee, the amount to be determined— i: where one of the responsible trustees is the Māori Trustee Maori Trustee Act 1953 ia: where one of the responsible trustees is Public Trust, in accordance with Public Trust’s scale of charges; or ii: where one of the responsible trustees is a trustee company within the meaning of the Trustee Companies Act 1967 iii: in any other case, by the court. Section 224(h)(i) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 224(h)(i) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 224(h)(ia) inserted 1 March 2002 section 170(1) Public Trust Act 2001 225: Special provisions where custodian trustee appointed Where any individual or body is appointed as a custodian trustee of a trust constituted under this Part, the following provisions shall apply: a: the trust property shall be vested in the custodian trustee as if the custodian trustee were sole trustee, and for that purpose vesting orders may, where necessary, be made under this Act: b: the management of the trust property and the exercise of all powers and discretions exercisable by the trustees under the trust shall remain vested in the responsible trustees as fully and effectively as if there were no custodian trustee: c: the sole function of the custodian trustee shall be to get in and hold the trust property, invest its funds, and dispose of its assets, as the responsible trustees in writing direct, for which purpose the custodian trustee shall execute all such documents and perform all such acts as the responsible trustees in writing direct: d: for the purposes of paragraph (c), a direction given by the majority of the responsible trustees shall be deemed to be given by all the responsible trustees: e: subject to paragraph (f), the custodian trustee shall not be liable for acting on any such direction: f: if the custodian trustee considers that any such direction conflicts with the terms of the trust, or is contrary to law, or exposes the custodian trustee to any liability, or is otherwise objectionable, the custodian trustee may apply to the court for directions in the matter, and, in such a case,— i: the decision and order of the court shall be final and shall bind the responsible trustees and the custodian trustee; and ii: the court may make such order as to costs as appears proper: g: the custodian trustee shall not be liable for any act or default on the part of any of the responsible trustees: h: all actions and proceedings touching or concerning the trust property shall be brought or defended in the name of the custodian trustee at the written direction of the responsible trustees, and the custodian trustee shall not be liable for the costs of any such action or proceedings apart from the trust property: i: no person dealing with the custodian trustee shall be concerned to inquire as to the concurrence or otherwise of the responsible trustees, or be affected by notice of the fact that the responsible trustees have not concurred: j: on the application of the custodian trustee, or of any of the responsible trustees, or of any beneficiary, and on satisfactory proof that it is the general wish of the beneficiaries, or that on other grounds it is expedient, to terminate the custodian trusteeship, the court may make an order for that purpose, and may also make such vesting orders and give such directions as in the circumstances seem to the court to be necessary or expedient: k: subject to the order creating the trust and to any further order of the court, in any case where remuneration is payable to the responsible trustees, remuneration or commission may be paid to both the responsible trustees and the custodian trustee, the amount to be determined— i: where the custodian trustee is the Māori Trustee Maori Trustee Act 1953 ia: where the custodian trustee is Public Trust, in accordance with Public Trust’s scale of charges; or ii: where the custodian trustee is a trustee company within the meaning of the Trustee Companies Act 1967 iii: in any other case, by the court. Section 225(k)(i) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 225(k)(i) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 225(k)(ia) inserted 1 March 2002 section 170(1) Public Trust Act 2001 226: General powers of trustees 1: The court may, in the trust order, confer on the trustees such powers, whether absolute or conditional, as the court thinks appropriate having regard to the nature and purposes of the trust. 2: Subject to any express limitations or restrictions imposed by the court in the trust order, the trustees shall have all such powers and authorities as may be necessary for the effective management of the trust and the achievement of its purposes. 227: Trustees may act by majority 1: Subject to any express provision in the trust order and except as provided in subsections (2) and (3), in any case where there are 3 or more responsible trustees of a trust constituted under this Part, a majority of the trustees shall have sufficient authority to exercise any powers conferred on the trustees. 1A: 2: Subject to subsection (3), every instrument to be registered under the Land Transfer Act 2017 3: Where the court has, under section 237 Land Transfer Act 2017 Registrar-General of Land Land Transfer Act 2017 Deeds Registration Act 1908 4: The Registrar-General of Land 5: 6: Where any trustee dissents in writing from the majority decision of the trustees before the decision is implemented, that trustee shall be absolved from any personal liability arising out of the implementation of that decision. Section 227(1A) repealed 23 May 2008 section 4 Te Ture Whenua Maori Amendment Act 2008 Section 227(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 227(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 227(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 227(5) repealed 12 November 2018 section 250 Land Transfer Act 2017 227A: Interested trustees 1: A person is not disqualified from being elected or from holding office as a trustee because of that person’s employment as a servant or officer of the trust, or interest or concern in any contract made by the trust. 2: A trustee must not vote or participate in the discussion on any matter before the trust that directly or indirectly affects that person’s remuneration or the terms of that person’s employment as a servant or officer of the trust, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. Section 227A inserted 1 July 2002 section 33 Te Ture Whenua Maori Amendment Act 2002 228: Trustees’ powers of alienation Section 228 repealed 1 July 2002 section 58(g) Te Ture Whenua Maori Amendment Act 2002 Miscellaneous provisions relating to trusts constituted under this Part 229: Court may authorise new ventures 1: Subject to subsection (2), the court may approve an extension of the activities of any trust constituted under this Part, whether by the trustees alone or in concert with any other person or body, and whether or not the proposed activities relate directly to the property of the trust. 2: The court shall not exercise its powers under subsection (1) unless it is satisfied that the beneficial owners have had sufficient opportunity to consider the proposal and that there is a sufficient degree of support among the owners. 230: Keeping of accounts The court shall, in the trust order constituting any trust under this Part, make such provisions as to the keeping, filing, inspection, and auditing of the accounts of the trust as it considers necessary or desirable. 231: Review of trusts 1: The trustees or a beneficiary of a trust (other than a kai tiaki trust) constituted under this Part may apply to the court to review the terms, operation, or other aspect of the trust. 2: There can be no more than 1 review of a trust within a period of 24 consecutive months. 3: The court may, on any review,— a: confirm the trust order for the trust without variation; or b: exercise its powers under section 244 c: terminate the trust if the court is satisfied that there is a sufficient degree of support for termination among the beneficiaries. 4: Subsection (3)(c) does not apply in respect of the Ruapuha Uekaha Hapū Trust. Section 231 substituted 1 July 2002 section 34 Te Ture Whenua Maori Amendment Act 2002 Section 231(4) inserted 29 November 2022 section 8 Māori Purposes Act 2022 232: Reports of trustees of kai tiaki trusts Unless the trust order or any other order of the court requires the trustees of a kai tiaki trust to file reports at shorter intervals, the trustees for the time being of any kai tiaki trust constituted under this Act shall, within 3 months after the end of the period of 12 months beginning with the date on which the trust was constituted, and within 3 months after each subsequent anniversary of that date, file with the Registrar of the court, a report on the operations of the trust during the immediately preceding period of 12 months ending with that date or the anniversary of that date, as the case may require. 233: Reports required where Māori Trustee 1: Where the Māori Trustee Māori Trustee section 232 a: within 3 months after the end of the period of 12 months beginning with the date on which the Māori Trustee b: within 3 months after the end of each subsequent period of 3 years, file with the Registrar of the court a report on the operations of the trust during that period of 3 years. 2: Subsection (1) is subject to any trust order or other order of the court requiring the Māori Trustee Māori Trustee’s Section 233 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 233(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 233(1)(a) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 233(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 234: Kai tiaki trusts to be reviewed periodically 1: The trustees for the time being of any kai tiaki trust constituted under this Act shall apply to the court within 5 years after the constitution of the trust or within such shorter period as the court may specify in the trust order, and thereafter at intervals of 5 years or such shorter intervals as the court may specify either in the trust order or at any time thereafter, for a review of the trust. 2: On any such review the court may, by order, confirm the trust order without variation, or vary the terms of the order in such manner as it thinks fit, or make an order terminating the trust. 235: Trusts not subject to limit on duration No trust constituted under this Part shall be subject to any enactment or rule of law restricting the period for which a trust may run. Section 235 heading amended 30 January 2021 section 161 Trusts Act 2019 Provisions relating to trusts generally 235A: Registrar may determine simple and uncontested trust matters 1: A Registrar may, unless the applicant requests otherwise,— a: determine an application for a simple and uncontested trust matter under a provision of this Part; and b: exercise powers under section 241 2: A Registrar may at any time exercise powers under section 239(2) and (3) 3: For the purposes of subsections (1) and (2), the provisions that they refer to apply as if the Registrar were the court, except as modified by this section. 4: The Registrar must determine the application without a hearing. 5: The Registrar may at any time refer an application to the court for determination if the Registrar decides that the application is not for a simple and uncontested matter. 6: Any determination or order made by the Registrar in accordance with this section must be treated as an order of the court for the purposes of this Act, including section 42 a: sections 41 43 b: any matter of practice or procedure that is instead provided for by the rules of court. 7: The determination or order may be reviewed as follows: a: any person affected by the determination or order may apply to the court for a review— i: within 20 working days after the determination or order is made; or ii: within any longer period allowed by a Judge if the Judge is satisfied that the person could not reasonably have applied sooner: b: a Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary: c: the Judge may affirm, vary, or annul the determination or order, and may exercise any jurisdiction the court has in relation to an application for a trust matter under a provision of this Part (the Judge’s review decision 8: A person must obtain the leave of the court to apply under section 43 9: In this section, simple and uncontested trust matter a: simple, such as the following examples: i: having a whanau trust constituted under section 214 ii: for a kai tiaki trust that was constituted for a minor, a determination or an order that the powers of the trustees ended under section 217(7)(b) iii: the appointment of a trustee to a whanau trust under section 239(1) b: uncontested because— i: the application has been notified or consulted on as required by the rules of court, if the rules require that; and ii: no one has objected to the application. Section 235A inserted 6 February 2021 section 51 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 236: Application of sections 237 to 245 1: Subject to subsection (2), sections 237 to 245 a: every trust constituted under this Part: b: every other trust constituted in respect of any Maori land: c: every other trust constituted in respect of any General land owned by Maori. 2: Nothing in sections 237 to 245 section 250(4) 237: Jurisdiction of court generally 1: Subject to the express provisions of this Part, in respect of any trust to which this Part 2: Nothing in subsection (1) shall limit or affect the jurisdiction of the High Court. Section 237(1) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 238: Enforcement of obligations of trust 1: The court may at any time require any trustee of a trust to file in the court a written report, and to appear before the court for questioning on the report, or on any matter relating to the administration of the trust or the performance of his or her duties as a trustee. 2: The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). 239: Addition, reduction, and replacement of trustees 1: The court may at any time, on application, in respect of any trust to which this Part applies, add to or reduce the number of trustees or replace 1 or more of the trustees. 2: The court may amend the court’s records for a trust if a trustee dies and the court receives a death certificate for the deceased trustee. 3: In exercising the powers in subsections (1) and (2), the court may order the vesting of land or other assets of the trust in any person or persons (with the consent of that person or those persons) upon the terms of the trust, whether or not that person was previously a trustee. Section 239 substituted 1 July 2002 section 35 Te Ture Whenua Maori Amendment Act 2002 240: Removal of trustee 1: The court may at any time, in respect of any trustee of a trust to which this Part that a: the trustee has lost the capacity to perform the functions of a trustee; or b: the removal is desirable for the proper execution of the trust, and 1 or more of the following grounds for removal are met: i: the trustee repeatedly refuses or fails to act as trustee: ii: the trustee becomes an undischarged bankrupt: iii: the trustee is a corporate trustee that is subject to an insolvency event: iv: the trustee is no longer suitable to hold office as trustee because of the trustee’s conduct or circumstances. 2: A trustee has lost the capacity to perform the functions of a trustee, for example, if the trustee— a: is subject to an order appointing a manager under section 31 b: has a trustee corporation managing the trustee’s property under section 32 33 3: A person may no longer be suitable to hold office as trustee, for example, because of the following conduct or circumstances: a: the trustee is convicted of an offence involving dishonesty: b: it is not known where the trustee is and the trustee cannot be contacted: c: the trustee is prohibited from being a director or promoter of, or being concerned or taking part in the management of,— i: a company under the Companies Act 1993 ii: an incorporated or unincorporated body under the Financial Markets Conduct Act 2013 Takeovers Act 1993 Section 240(1) amended 6 February 2021 section 52(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 240(1) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 Section 240(1)(a) replaced 6 February 2021 section 52(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 240(1)(b) replaced 6 February 2021 section 52(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 240(2) inserted 6 February 2021 section 52(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 240(3) inserted 6 February 2021 section 52(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 241: Termination of trust 1: The court may at any time, in respect of any trust to which this Part a: the whole or any part of the land; or b: the whole or any part of any interest in land subject to the trust,— by making an order vesting that land or that part of that interest in land in the persons entitled to it in their respective shares, whether at law or in equity, or in such other persons as the beneficial owners may direct. 1A: However, for land vested in trustees by an order made under section 132(6) 2: Where a trust terminated under subsection (1) is a whanau trust, the court shall, notwithstanding anything in subsection (1), make an order vesting the land or the part of the land or the interest in the land in the persons entitled to it in their respective shares, whether at law or in equity, which persons are— a: the persons who were, at the creation of the trust and are at the date of the order, the beneficial owners of the land or the part of the land or the interest in the land; and b: any persons who, at the date of the order, are successors of any of the persons who were, at the creation of the trust, the beneficial owners of the land or the part of the land or the interest in the land. 3: This section does not apply in respect of the Ruapuha Uekaha Hapū Trust. Section 241(1) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 Section 241(1A) inserted 6 February 2021 section 53 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 241(3) inserted 29 November 2022 section 9 Māori Purposes Act 2022 242: Orders for payment of money held in trust 1: The court, on the application of any person interested or of its own motion, may order that any money held in trust for any Maori, or any money derived from any Maori land and held in trust, by any trustee, government department, officer of the public service 2: Notwithstanding anything in subsection (1), in respect of any money to which that subsection applies, the court may direct that it be applied wholly or partly in or towards any of the following purposes: a: the maintenance, education, or advancement of any person beneficially entitled to the money: b: the payment of rates or charges in respect of any land: c: the payment of any legal costs, survey costs, funeral expenses, tangi expenses, costs of headstones, or other disbursements, or the reimbursement of any person who has already paid any such costs, expenses, or disbursements. 3: The court may exercise any powers conferred on it by this section in respect of any money to which subsection (1) will apply when it is received by any person or body specified in that subsection; but no such order shall have effect until that money is so received. Section 242(1) amended 7 August 2020 section 135 Public Service Act 2020 243: Acquisition of land by trustees 1: Where the trustees of a trust to which this Part a: to retain the land as an investment; or b: to apply to the court under subsection (2) for an order that the land shall form part of, and follow the destination of, the corpus of the trust. 2: Where the trustees apply to the court for an order that the land shall form part of, and follow the destination of, the corpus of the trust, the court may make an order to that effect if it is satisfied that the land can be properly used and managed as part of the undertaking of the trust and that it is in the best interests of the beneficiaries to make such an order. 3: Every order under subsection (2) shall constitute, without any transfer or other instrument of assurance, the title to the land included in the order. 4: On the taking of effect of an order under subsection (2) in respect of any General land, the land shall become and be deemed to be Maori freehold land. 5: On the taking of effect of an order under subsection (2), the land shall be held in trust for the beneficiaries in proportion to their interests in the trust’s other land assets. 6: Any land that becomes part of the corpus of the trust by virtue of an order under subsection (2) shall remain subject to the same charges or other encumbrances (if any) as it was previously subject to, unless they have been duly discharged. 7: No restrictions on alienation imposed by any of the provisions of this Act shall apply in respect of any land (other than Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967 8: Where the trustees of a trust constituted under this Part acquire any land out of the original assets of the trust (whether in substitution or by way of exchange for any other land belonging to the trust or otherwise), that land shall, unless the court otherwise orders, form part of, and follow the destination of, the corpus of the trust. Section 243(1) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 Section 243(7) amended 11 April 2001 section 11 Te Ture Whenua Maori Amendment Act 2001 244: Variation of trust 1: The trustees of a trust to which this Part applies may apply to the court to vary the trust. 2: The court may vary the trust by varying or replacing the order constituting the trust, or in any other manner the court considers appropriate. 3: The court may not exercise its powers under this section unless it is satisfied— a: that the beneficiaries of the trust have had sufficient notice of the application by the trustees to vary the trust and sufficient opportunity to discuss and consider it; and b: that there is a sufficient degree of support for the variation among the beneficiaries. Section 244 substituted 1 July 2002 section 36 Te Ture Whenua Maori Amendment Act 2002 245: Power of court to approve charitable trust 1: The trustees of any trust to which this Part 2: The court shall not make an order under subsection (1) unless it is satisfied— a: that the beneficiaries of the trust have had sufficient notice of the proposal to apply for the order and sufficient opportunity to discuss and consider it; and b: that there is a sufficient degree of support for the proposal among the beneficiaries. Section 245(1) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 13: Maori incorporations 246: Interpretation In this Part, unless the context otherwise requires,— equity value shareholder special resolution 20 working days’ notice 1967 No 124 s 25 Section 246 special resolution amended 29 November 2022 section 10 Māori Purposes Act 2022 Constitution and powers 247: Owners may be incorporated 1: In accordance with the succeeding provisions of this Part, the court may, if it considers it is in the interests of the owners to do so, make an order incorporating as a Maori incorporation the owners of any 1 or more areas of Maori freehold land, of which at least 1 area is owned for a legal estate in fee simple by 2 or more owners (whether any such owner is entitled beneficially or as trustee). 2: The court shall not make an order incorporating the owners under this section unless— a: the assembled owners of the land have, in accordance with Part 9 b: the court is satisfied that— i: the owners of the land (or their trustees in the case of disability) have had sufficient notice of the proposal to incorporate and sufficient opportunity to discuss and consider it; and ii: there is a sufficient degree of support for the proposal. 3: An order incorporating any owners under this Part may be made in respect of the whole area of the land owned in common by the owners or in respect of any defined part of it. 4: The court may include in any Maori incorporation to be constituted under this section the owners of any other Maori freehold land (to which the application does not relate) if subsection (2)(a) or (b) is satisfied for those other owners 5: Where an application is made for the incorporation of the owners of 2 or more areas of land that are not held in common ownership, the court may, in order to facilitate the incorporation of the owners, exercise any jurisdiction conferred on it under section 306 section 307 section 308 6: Notwithstanding anything to the contrary in section 42 1953 No 94 s 269 1967 No 124 s 29 1976 No 148 s 15 Section 247(2)(b) replaced 6 February 2021 section 55(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 247(4) amended 6 February 2021 section 55(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 248: Terms of order 1: Every order incorporating the owners of any land under this Part shall specify the following matters: a: the name of the Maori incorporation, with the addition of the word Incorporation b: the description of the land or the several areas of land to which the order relates, and the value of each such area: c: any other assets, being the property of the owners of the land to which the order relates, that are to be vested in the incorporation, and the value of those assets. 2: Every such order shall have annexed to it (in addition to the matters referred to in section 268 3: Every such list of initial shareholders shall comply with the following requirements: a: where any freehold interest in the land specified in the order is held in the name of any person for life or other limited period, with remainder over to named persons, the list shall show the holder for the time being of the shares attributable to the entire interest, and the names of the persons entitled in remainder: b: where any freehold interest in the land specified in the order is owned by a minor or by any other person under disability, whether or not a kai tiaki trust has been constituted for that person under section 217 i: show that person as a shareholder in respect of the appropriate number of shares; and ii: indicate that that person is a person under disability; and iii: record any trustee appointed in respect of any kai tiaki trust constituted under section 217 iv: if the person is a minor, show the date on which that person will attain the age of 20 years. 1967 No 124 ss 30, 32(1), 38(7), (8) 249: Court to fix total number of shares 1: Upon the making of an order incorporating any owners under this Part, the court shall fix the total number of shares in the Maori incorporation, which shall be conveniently related to the total value of the land and other assets, less liabilities (if any), specified in the order. 2: Subject to subsection (3), there shall be allocated to each shareholder a number of shares, being that proportion of the total shares that his or her share in the value of any land or other assets of the Maori incorporation bears to the total value of those assets, less liabilities (if any), as disclosed in the order. 3: In any case where the order incorporating 1967 No 124 s 32(2), (3) Section 249(3) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 250: Effect of order 1: On the making of an order incorporating the owners of any land under this Part, the owners shall become a body corporate, with perpetual succession and a common seal, under the name specified in the order, with power to do and suffer all that bodies corporate may lawfully do and suffer, and with all the powers expressly conferred upon it by or under this Act. 2: On making any such order, the court shall vest the legal estate in fee simple in the land specified in the order in the Maori incorporation, but no such vesting shall affect the beneficial interests in that land which shall remain vested in the several owners. 3: The estate of the incorporation shall be subject to all leases, mortgages, charges, or other interests to which the title of the owners or any of them was subject at the date of incorporation, and shall also be subject to the right of any person to procure the confirmation of any alienation under an instrument of alienation executed before the making of the order. 4: From and after its constitution, every Maori incorporation shall hold the land and other assets vested in it on trust for the incorporated owners in proportion to their several interests in the land. 5: No Maori incorporation acting in accordance with its powers and in compliance with this Act or any other Act shall be in breach of trust. 6: Subject to any determination made in accordance with section 256 section 358 section 357 7: The Registrar-General of Land record of title 1953 No 94 ss 275(2), 276(1) 1967 No 124 s 31 1975 No 135 s 17(2) Section 250(6) substituted 1 July 1994 section 14 Te Ture Whenua Maori Amendment Act 1994 Section 250(7) amended 12 November 2018 section 250 Land Transfer Act 2017 251: Inclusion in incorporation of owners of additional Maori land 1: For the purpose of including in any Maori incorporation the owners of any Maori freehold land who have, in the manner prescribed by section 247(2) 2: The amending order shall specify the land of which the owners are to be included, and any other property of the owners that is intended to pass to the incorporation, and shall set out the value of the land and other property, and particulars of liabilities (if any), together with the equity value of the incorporation immediately before the amending order. 3: By the amending order, the court shall vest in the incorporation the land and other property specified in the order, and the owners of the land shall become new shareholders in the incorporation, and their names and addresses and the numbers of their shares shall be shown in a list annexed to the amending order. 4: The amending order shall set forth the number of additional shares in the incorporation, to be allocated among the new shareholders, proportionately to their former share of the value of the land and other assets passing to the incorporation. 5: Subject to subsection (6), the additional number of shares shall be fixed by the court and shall bear the same relation to the total shares of the incorporation immediately before the amending order as the value of the land and other assets contributed by the new shareholders, less liabilities (if any), bears to the equity value of the incorporation immediately before the amending order. 6: The court, in fixing the additional number of shares, may give effect to any understanding or agreement between the original incorporation and the owners of the additional land to be included as to a basis of inclusion otherwise than as specified in subsection (5), if it is satisfied that the understanding or agreement is, in all the circumstances, fair and equitable. 7: Notwithstanding anything to the contrary in section 42 1967 No 124 s 45 1970 No 120 s 9(2) 1975 No 135 s 16 252: Incorporations may be amalgamated 1: If 2 or more Maori incorporations consent in writing under their respective seals to their amalgamation under this section, the court may amalgamate those incorporations by making, in respect of the shareholders of those incorporations, an order of incorporation in substitution for the several orders of incorporation previously made. 2: Upon an order of incorporation being made under this section, the former incorporations shall be deemed to have been dissolved and the lands owned by them shall vest in the new incorporation thereby established. 3: All other property and all rights, powers, and privileges appertaining to the former incorporations shall thereupon pass to the new incorporation, which shall also become subject to and liable for all claims and liabilities to which the former incorporations were respectively subject. 4: Every order of incorporation under this section shall comply with the provisions of section 248 5: The court shall, in respect of an incorporation constituted under this section, fix a total number of shares, and the number of shares to be allocated among the shareholders of each former incorporation. 6: Subject to subsection (7), the number of shares to be allocated under subsection (5) shall be fixed on the basis of the equity value of the former incorporations. 7: The court may, in making any such allocation, give effect to any understanding or agreement between the former incorporations as to a basis of amalgamation, or otherwise than as specified in subsection (6), if it is satisfied that the understanding or agreement is, in all the circumstances, fair and equitable. 8: The shareholders of the new incorporation shall consist of all the shareholders of the former incorporations, and each shareholder shall be credited with the number of shares properly apportionable to him or her on the basis of his or her shares in any former incorporation. 9: On making an order under this section, the court may appoint an interim committee of management for the new incorporation to act pending elections to the committee, and the several committees of management previously elected in respect of the former incorporations shall be deemed to have been abolished and the members of those committees shall cease to hold office accordingly. 10: Notwithstanding anything to the contrary in section 42 1967 No 124 s 44 1970 No 120 s 9(1) 253: Capacity and powers of incorporation Subject to this Act, and any other enactment, and the general law, and to any express limitations or restrictions imposed by the court in the order of incorporation or included in its constitution pursuant to section 253A a: full capacity in the discharge of the obligations of the trust in the best interests of the shareholders, to carry on or undertake any business or activity, do any act, or enter into any transaction; and b: for the purposes of paragraph (a), full rights, powers, and privileges. Section 253 amended 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 253A: Power to impose limitations or restrictions on powers of incorporation The shareholders of a Maori incorporation may from time to time, at a general meeting of the incorporation, by resolution passed in such manner as may be prescribed by the constitution of the incorporation,— a: include in that constitution provisions imposing limitations or restrictions or both on the powers conferred on the incorporation by section 253 b: omit from that constitution, or vary, any provisions included in that constitution pursuant to paragraph (a). Section 253A inserted 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 254: Incorporation’s powers of alienation Section 254 repealed 1 July 2002 section 58(h) Te Ture Whenua Maori Amendment Act 2002 255: Certain instruments require noting by Registrar Section 255 repealed 1 July 2002 section 58(i) Te Ture Whenua Maori Amendment Act 2002 256: Acquisition of land by incorporation 1: Where a Maori incorporation acquires any land, the incorporation shall determine whether— a: to retain the land as an investment; or b: to apply to the court for an order declaring that the land shall form part of the corpus of the incorporation. 2: Where the Maori incorporation applies to the court for an order that the land shall form part of the corpus of the incorporation, the court may make an order to that effect. 3: On the taking of effect of an order under subsection (2) in respect of any General land, the land shall be deemed to be Maori freehold land. 4: Where the Maori incorporation determines that land shall be retained as an investment, the court may, on application made by that incorporation, make an order— a: authorising the Maori incorporation to hold the whole or any part of that land as an investment; and b: declaring that any land authorised pursuant to paragraph (a) to be held as an investment— i: shall not form part of the corpus of the incorporation; and ii: shall cease to be Maori freehold land; and c: declaring that the beneficial interests in any land authorised pursuant to paragraph (a) to be held as an investment shall cease to be vested in the shareholders and shall vest in the incorporation; and d: making such other provision in relation to the change in the status of the whole or any part of that land as the court thinks just. 4A: No restrictions on alienation imposed by any of the provisions of this Act shall apply in respect of any land acquired by the incorporation and retained by it as an investment pursuant to an order made under subsection (4). 4B: The Registrar of the Maori Land Court shall note the effect of every order on the records held in that court in relation to the incorporation of every Maori incorporation to which the order relates. 4C: The Registrar-General of Land record of title record of title 5: Where a Maori incorporation acquires any land out of the original land Section 256(4) substituted 1 July 1994 section 15(1) Te Ture Whenua Maori Amendment Act 1994 Section 256(4A) inserted 1 July 1994 section 15(1) Te Ture Whenua Maori Amendment Act 1994 Section 256(4B) inserted 1 July 1994 section 15(1) Te Ture Whenua Maori Amendment Act 1994 Section 256(4C) inserted 1 July 1994 section 15(1) Te Ture Whenua Maori Amendment Act 1994 Section 256(4C) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 256(5) amended 1 July 1994 section 15(2) Te Ture Whenua Maori Amendment Act 1994 257: Allocation of land to shareholders The court, on making pursuant to subsection (2) or subsection (5) of section 256 258: Power to declare charitable trust Notwithstanding its status as a trustee, a Maori incorporation may, by special resolution, declare that it shall stand possessed of any part of its property or of any income derived from any specified part of its property on trust for such charitable purposes as may be specified in the declaration. 259: Application of revenues 1: The revenues derived from its operations by any Maori incorporation may be applied as follows: a: generally towards the costs and outgoings involved in doing anything that the incorporation is empowered to do, including any capital works or capital investments, and expenditure of any other kind that would usually be charged in the administration of a trust to capital rather than income: b: in setting aside reserves for contingencies or for capital expenditure or for expansion in accordance with the objects of the incorporation, or in retaining in an accumulated profit account any portion of the profits that the committee of management thinks it prudent not to distribute to shareholders: c: in payment, in accordance with subsection (2), of an amount by way of dividend to the shareholders: d: as authorised by a resolution of the shareholders for such purposes (not being purposes for which money may otherwise be applied under this subsection) as are specified in the resolution. 2: No payment made under paragraph (c) or paragraph (d) of subsection (1) shall be made otherwise than from profits (including accumulated profits and realised capital profits), and in accordance with an express resolution or resolutions passed at a general meeting of shareholders. 3: The payments made under paragraph (c) or paragraph (d) of subsection (1) in any financial year shall not exceed the amount determined by the committee of management as being available in that financial year for the purposes of that paragraph, after prudent and adequate provision has been made for the payment or reservation of other amounts that are properly to be paid or reserved from the revenues of the incorporation, including the reservation of an adequate amount for the meeting of claims established in respect of unclaimed dividends that have become the absolute property of the incorporation under section 267 4: Upon the passing by a general meeting of shareholders of any lawful resolution authorising the payment of any amount under paragraph (c) or paragraph (d) of subsection (1), the amount specified in the resolution shall be deemed to be appropriated to the purpose or purposes specified, and shall be deemed to be held by the incorporation in trust to make payments accordingly to the shareholders in their respective shares or to such other persons as may be entitled to receive payment, and the necessary entries shall be made in the incorporation’s books of account. 5: If a Maori incorporation pays any dividend to the shareholders (under subsection (1)(c)), the incorporation must keep a record of— a: the name of each shareholder to whom a dividend is paid; and b: the amount paid to each shareholder; and c: the date of each payment. 1967 No 124 s 46(1)–(3) Section 259(5) inserted 6 February 2021 section 56 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Shares and dividends 260: Nature of shares in incorporation The shares in a Maori incorporation shall be deemed for all purposes to be undivided interests in Maori freehold land; and, except as expressly provided, all the provisions of this Act relating to the alienation of or succession to interests in Maori freehold land shall apply to the alienation of or succession to interests in such shares. 1974 No 124 s 38(1) 261: Equitable interests not to be separately dealt with 1: The alienation, whether by operation of law or otherwise, of the shares of any shareholder in a Maori incorporation shall, whether so expressed or not in any instrument of alienation or vesting order, be deemed to be an alienation of that shareholder’s equitable interest in the land and other assets for the time being vested in the incorporation. 2: No shareholder in a Maori incorporation has the capacity to dispose of any such equitable interest otherwise than by means of a disposition of his or her shares. 3: Nothing in this section shall empower any shareholder in a Maori incorporation to alienate his or her shares otherwise than in accordance with Part 7 1953 No 94 s 276(2) 262: Shareholders not personally liable No shareholder in a Maori incorporation shall have any personal liability, whether to the incorporation or to any other person, in respect of any debts or liabilities of or claims made upon the incorporation, or in respect of any deficiency in the assets of the incorporation in the event of its being wound up. 1969 No 124 s 32(7) 263: Incorporation to have share register 1: Every Maori incorporation shall, forthwith upon its constitution, establish a register (referred to as the share register 2: The share register shall be opened with the list of shareholders annexed to the order of incorporation. 3: Every Maori incorporation having more than 50 shareholders shall, unless the share register is in such form as to constitute in itself an index, keep an accurate index of the names of the shareholders, containing a sufficient indication to enable the location of the entry in the share register relating to each shareholder. 4: A Maori incorporation may, at the request of any shareholder, issue to that shareholder a certificate under seal in the prescribed form showing the extent of the shares held by that shareholder in the incorporation at the date of issue of the certificate. 5: Any such certificate shall not be construed as evidence of title otherwise than at the time specified in the certificate, and shall so state on the face of the certificate. 6: The share register, which shall be maintained by the incorporation, shall, during office hours, be open to public inspection on payment of the fee (if any) prescribed in respect of such inspection. 1967 No 124 s 32(4)–(6) 264: Method of transfer of shares 1: Subject to the provisions of this section, the transfer of the property in shares in a Maori incorporation shall be effected only by registration in the share register made on application in accordance with this section. 2: On application in the prescribed manner, the committee of management of a Maori incorporation shall direct the registration of a transfer of any shares in the incorporation if it is satisfied that— a: the transferor is the registered holder of the shares; and b: the transferee is a person to whom the shares may be alienated in accordance with Part 4 Part 7 c: the transfer is in accordance with any regulations made under this Act relating to the number of shares that shall be the minimum share unit. 3: The trustees of a putea trust or a whanau trust to which any shares in a Maori incorporation belong may have their names entered in the share register as the owners of the shares if they satisfy the committee of management that— a: the shares belong to the trust; and b: they are duly appointed as trustees of the trust. 4: Where any person holds shares in a representative capacity, that fact shall be recorded beside that person’s name in the share register, but it shall not be necessary for the incorporation or any officer of the incorporation or any other person to go behind that entry in respect of any matter relating to the shares. 1967 No 124 s 38(2) Section 264(2)(b) substituted 1 July 1994 section 16 Te Ture Whenua Maori Amendment Act 1994 Section 264(2)(c) added 1 July 1994 section 16 Te Ture Whenua Maori Amendment Act 1994 265: Special rules relating to share registration in certain cases 1: Except as required by law, no person shall be recognised by a Maori incorporation as holding any share in the incorporation upon any trust, and, subject to the provisions of subsections (2) and (3), the incorporation shall not be bound by or be compelled to recognise (even when having notice thereof) any equitable, contingent, future, or partial interest in any share or, except as otherwise provided by law, any other rights in respect of any share except an absolute right as to the entirety of the share in the registered shareholder. 2: Where any freehold interest in Maori freehold land of which the owners are incorporated under this Part is held in the name of any person for life or other limited period, with remainder over to named persons, the following provisions shall apply: a: the shares attributable to the entire interest may be transferred by the holder of the limited interest and the persons entitled in remainder acting together: b: on production to the incorporation of satisfactory evidence of the termination of the limited interest and on written application by the persons entitled in remainder or any of them, the register shall be amended to show those persons as shareholders. 3: A trustee of a kai tiaki trust constituted under Part 12 1967 No 124 s 38(6), (7), (9) 266: Procedure where court makes order relating to ownership of shares 1: Where the court makes an order for the vesting in any person of any shares in a Maori incorporation, the Registrar of the court shall send a copy of the order to the secretary of the incorporation. 2: In any such case, the following provisions shall apply: a: the secretary shall, as soon as practicable, amend the share register in accordance with the terms of the order: b: the title to the shares, and the right to any dividend, or to attend or vote at any meeting, shall not pass until the share register is so amended: c: neither the incorporation nor any officer of the incorporation shall be liable for anything done or omitted to be done in reliance on the share register before receipt of the copy of the order. 267: Unclaimed dividends 1: In this section, unless the context otherwise requires,— dividends section 15A(6) Māori Trustee unclaimed dividends Māori Trustee 2: Every Maori incorporation holding dividends that, at any time after the commencement of this Act, become unclaimed dividends, shall, within 12 months after the dividends have become unclaimed dividends, compile a list of the shareholders to whom those dividends are payable, setting out the amount of unclaimed dividends held for each shareholder, and shall transmit the list to the Registrar of the Maori Land Court district who maintains, under section 279 3: The Registrar of the Maori Land Court district shall include the list transmitted to that Registrar under subsection (2) in the Register of Maori Incorporations in such a manner as to show, in relation to the Maori incorporation by which the list was transmitted, the particulars contained in that list. 4: Notwithstanding anything in subsection (2), it shall not be necessary to include in any such list the name of any shareholder that has been included in any previous list of unclaimed dividends. 5: If, within 12 months after the date of the inclusion in the Register of Maori Incorporations of a list of unclaimed dividends, no claim has been established in respect of the dividends shown in the list as payable to any shareholder, the committee of management may authorise the transfer of those dividends (together with any other dividends held for the same shareholder) to the incorporation absolutely; and, subject to subsection (6), those dividends shall thereupon become the absolute property of the incorporation, freed of all interests of the shareholder, and may be applied as if they were revenues derived from its operation by the incorporation; and the books of account of the incorporation shall be amended accordingly. 6: If, at any time after the expiry of the said period of 12 months, a claim in respect of any unclaimed dividends is lawfully established by the shareholder or by any person claiming through the shareholder, the amount of the claim shall be payable by the incorporation as a debt due to the claimant accordingly. 7: If any unclaimed dividends held for a shareholder have been dealt with in the manner provided by subsection (5) and have become the property of the incorporation, any future dividends payable to that shareholder may be similarly dealt with without the necessity of inclusion in a further list of unclaimed dividends, and the provisions of that subsection shall apply accordingly. 1967 No 124 s 47(1), (3), (4), (5) 1977 No 103 s 6 Section 267(1) dividends amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 267(1) unclaimed dividends amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Internal management 268: Maori incorporations to have constitution 1: Every Maori incorporation shall have a constitution governing its internal management. 2: Subject to subsection (3) and to section 253A 3: A Maori incorporation may, by special resolution of the shareholders, alter, add to, or replace its constitution in any way that is not inconsistent 4: Any alteration or addition so made to the constitution, and the provisions of any replacement constitution, shall, subject to the provisions of this Act and the regulations, be as valid as if originally contained in the constitution and be subject in like manner to alteration by special resolution. 5: Every Maori incorporation shall transmit to the Registrar of the Maori Land Court district section 279 a: particulars of the date on which and the place at which the meeting of shareholders was held; and b: a copy of the constitution or alteration or addition to the constitution or other document to which the special resolution relates. 6: Every special resolution, constitution, alteration or addition to a constitution, or other document transmitted to the Registrar under subsection (5) shall be— a: annexed to the order incorporating the owners; and b: noted in the incorporation register by the Registrar; and c: noted in the register of the incorporation concerned by the secretary of that incorporation. Section 268 substituted 1 July 1994 section 17 Te Ture Whenua Maori Amendment Act 1994 Section 268(3) amended 16 September 2011 section 11 Te Ture Whenua Maori Amendment Act 2011 Section 268(5) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 269: Committee of management 1: Upon the making of an order incorporating the owners of any land under this Part, the court shall, having regard to but not being bound by any nominations of members that may be made by or on behalf of the owners who have applied for incorporation, appoint an interim committee of management consisting of not less than 3 nor more than 7 persons; and the persons so appointed shall hold office as members of the committee of management until the first annual general meeting of the incorporation. 2: At the first annual general meeting of shareholders of a Maori incorporation, the shareholders shall elect a committee of management in accordance with the constitution of the incorporation; and thereafter the members of the committee shall hold office in accordance with the constitution. 3: Every member of the committee of management of a Maori incorporation shall be responsible for the proper administration and management of the affairs of the incorporation. 4: Any shareholder may at any time apply to the court for the removal from office of any member of the committee of management on the ground that— a: the member has failed to carry out his or her duties satisfactorily; or b: the member has contravened any of the provisions of this Part or of the constitution of the incorporation, or has otherwise acted in a manner that is incompatible with membership of the committee; or ba: the member is prohibited from being a director or promoter of, or being concerned or taking part in the management of,— i: a company under the Companies Act 1993 ii: an incorporated or unincorporated body under the Financial Markets Conduct Act 2013 Takeovers Act 1993 c: it is otherwise in the best interests of the incorporation that the member be removed from office,— and the court, on being satisfied that sufficient cause has been shown, may remove that member from office accordingly. 5: The court may appoint any qualified person to be a member of the committee of management of a Maori incorporation, notwithstanding that that person has not been elected as a member pursuant to subsection (2), in any case where the shareholders have failed to fill a vacancy in the committee. 6: The court may, on the application of any shareholder or officer of the incorporation, investigate the conduct of any election of a member or members to the committee of management, and may either— a: confirm the appointment of the person or persons elected; or b: declare the election invalid and order a new election to be held. 7: Except as may be provided by the incorporation’s constitution, and subject to any conditions that may be imposed on the committee by resolution passed at a general meeting of shareholders, the committee may regulate its procedures as it thinks fit. 1967 No 124 ss 52(1), (6)(b), (c), 53(4), 57(4) Section 269(4)(ba) inserted 6 February 2021 section 57 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 270: Manner in which powers are to be exercised 1: Except as provided in this Part or in its constitution, a Maori incorporation shall act by and through its committee of management. 2: The powers of the committee of management may be exercised by a majority of the members for the time being in office, but no decision of the committee shall be effective unless at least 3 members concur in it. 3: The common seal of the incorporation may be affixed to any instrument in the presence of any 2 members of the committee of management. 4: The 2 members of the committee of management shall sign the instrument to which the seal is affixed. 5: The provisions of section 180 6: The committee of management of a Maori incorporation shall comply with the terms and conditions of any resolution relating to the powers and functions of the incorporation passed at a general meeting of the shareholders of the incorporation. 7: No loan shall be granted by a Maori incorporation to any person who is a member of its committee of management. 1967 No 124 ss 42(2), (3), 46(5), 48(3), 57(1), (3) Section 270(5) amended 5 December 2013 section 14 Companies Amendment Act 2013 271: Effect of exercise of powers 1: A Maori incorporation shall be bound by every act of its committee of management, and no person dealing with the incorporation shall be concerned to inquire in relation to any such act whether the committee is authorised or restricted by any resolution of the shareholders, or as to the terms and conditions of any such resolution. 2: No act of a committee of management of a Maori incorporation, or of any member of the committee, shall be questioned or invalidated on the ground of any error or irregularity in the mode of election of any member of the committee, or on the ground of any vacancy in the membership of the committee. 3: No person lending money to a Maori incorporation shall be concerned to inquire as to the necessity for the loan or as to the application of the proceeds of it. 4: Where any instrument of alienation purporting to be executed on behalf of a Maori incorporation is presented for registration under the Land Transfer Act 2017 1967 No 124 ss 48(2), 49(2), 56, 57(2) Section 271(4) amended 12 November 2018 section 250 Land Transfer Act 2017 272: Qualification, disqualification, and removal of members 1: It shall not be necessary in the case of any person elected or appointed to a committee of management of a Maori incorporation that the person be a shareholder in the incorporation. 2: Without limiting the powers of the court under section 269(4) a: a person who— i: is subject to an order appointing a manager under section 31 ii: has a trustee corporation managing the person’s property under section 32 33 b: an undischarged bankrupt; or c: a person convicted of any offence punishable by imprisonment for a term of 6 months or more, unless that person has served the sentence or otherwise suffered the penalty imposed upon that person. 3: However, if a property order is made in respect of a member of a committee of management under section 30 a: the member does not cease to hold office as a member of the committee by virtue only of the making of that order; but b: while that order remains in force, the member is suspended from office. 4: A member who is suspended from office under subsection (3)— a: is deemed to have been granted leave of absence; and b: is not capable of acting as a member of the committee during the period of suspension. 1967 No 124 s 53(1)–(3) Section 272(2)(a) replaced 6 February 2021 section 58 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 272(2)(b) replaced 6 February 2021 section 58 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 272(3) added 10 September 2008 section 21(4) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 272(4) added 10 September 2008 section 21(4) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 273: Election of chairman of committee and appointment of secretary 1: The committee of management of a newly constituted Maori incorporation shall hold its first meeting within 1 month after the date of its appointment, and the members shall elect one of their number to be chairman and shall determine the period for which that person is to hold office. 2: The committee shall, at the same meeting, appoint some person to be secretary of the incorporation, and shall appoint some place to be the registered office of the incorporation. 3: The members of the committee shall be jointly and severally responsible to report to the Registrar, not later than 10 working days a: the name, occupation, and address of the elected chairman and the period for which that person is to hold office: b: the name, occupation, and address of the appointed secretary: c: the place appointed as the registered office of the incorporation. 4: The members of the committee shall be jointly and severally responsible to advise the Registrar from time to time of any change in the particulars mentioned in subsection (3), within 10 working days 1967 No 124 s 55 Section 273(3) amended 6 February 2021 section 59 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 273(4) amended 6 February 2021 section 59 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 274: Expenses and remuneration of members of committee Members of the committee of management of a Maori incorporation shall be entitled to receive reasonable travelling allowances, at a rate to be fixed at a general meeting of shareholders, or a refund of the expenses actually and reasonably incurred by them in attending or returning from meetings of the committee, and shall, in addition, be entitled to receive such fees (if any) in respect of their services as may be authorised at a general meeting of shareholders. 1967 No 124 s 62 274A: Interested members 1: A person is not disqualified from being elected or from holding office as a member of the committee of management because of that person’s employment as a servant or officer of the incorporation, or interest or concern in any contract made by the incorporation. 2: A member of a committee of management must not vote or participate in the discussion on any matter before the committee that directly or indirectly affects that person’s remuneration or the terms of that person’s employment as a servant or officer of the incorporation, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a member of another committee of management. Section 274A inserted 1 July 2002 section 38 Te Ture Whenua Maori Amendment Act 2002 274B: Maori incorporation must maintain interests register 1: A Maori incorporation must establish and maintain an interests register for the holdings of, and dealings by, the members of its committee of management in beneficial interests in the Maori freehold land held by the incorporation. 2: The register must contain— a: details of the beneficial interests held by each member; and b: details of dealings in the beneficial interests by each member; and c: declarations made under section 274C 3: The Maori incorporation must keep the interests register— a: in a physical form at its registered office or principal place of business; or b: in an electronic form. 4: The Maori incorporation must make the (physical or electronic) interests register available for inspection at its registered office or principal place of business, during normal business hours and free of charge, by any shareholder of the Maori incorporation or any person authorised in writing by a shareholder. 5: If the Maori incorporation keeps the interests register in an electronic form, it may also make the register available for inspection on an Internet site, at all reasonable times and free of charge. Section 274B inserted 6 February 2021 section 60 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 274C: Members must make annual declaration for purpose of interests register Promptly after the end of each financial year of a Maori incorporation, each member of its committee of management must make a declaration of their holdings as at the end of the financial year, and of their dealings during the financial year, in any beneficial interests in the Maori freehold land held by the incorporation. Section 274C inserted 6 February 2021 section 60 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 275: Conduct of meetings of shareholders 1: General meetings of the shareholders of a Maori incorporation shall from time to time be held as required by this Act or by the constitution of the incorporation. 2: The court may at any time by order direct the holding of a special general meeting of shareholders. 3: All general meetings shall be summoned in the manner prescribed by the constitution of the incorporation. 4: Subject to the constitution of the incorporation, any shareholder may attend and vote at any meeting of the shareholders either personally or by a proxy appointed by the shareholder in writing. 5: Unless, on any question submitted at a general meeting to a vote of the shareholders, a poll is demanded by not less than 5 persons present in person at the meeting, or by any person or persons entitled to exercise not less than one-tenth of the total votes of those present in person or by proxy at the meeting, every shareholder present in person or by proxy shall have 1 vote only, and a resolution shall be carried if a majority of the votes is in favour of it. 6: If, on any question submitted to a vote of the shareholders, a poll is demanded in accordance with subsection (5), the voting powers of the shareholders shall be determined by the number of shares held by each shareholder. 7: A person acting as proxy for more than 1 shareholder shall be entitled to vote separately for each person for whom that person so acts. 8: No person shall be competent to act as the proxy for any shareholder at a meeting of shareholders if that person is either a member of the committee of management or has consented, before or at that meeting, to be nominated for election as a member of the committee of management. 9: The quorum for a general meeting of shareholders shall be fixed by the constitution of the incorporation. 10: Unless and until a quorum is so fixed, the quorum for any such meeting shall be 20 shareholders or a number of shareholders equal to two-thirds of the number of shareholders (whichever is the less), and whether in either case the shareholders attend personally or by proxy. 11: No general meeting shall be deemed to be properly constituted unless at least 3 shareholders are present in person throughout the meeting. 12: Except as otherwise provided in this section or by the constitution of the incorporation, the shareholders present, either personally or by proxy at a general meeting, may regulate the procedure of that meeting. 1967 No 124 s 63 276: Accounting records to be kept 1: Every Maori incorporation must ensure that there are kept at all times accounting records that— a: correctly record the transactions of the incorporation; and b: will enable the incorporation to ensure that the financial statements of the incorporation comply with this Act; and c: will enable the financial statements of the incorporation to be readily and properly audited (if those statements are required to be audited). 2: Every Maori incorporation must establish and maintain a satisfactory system of control of its accounting records. Section 276 replaced 1 April 2014 section 120 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 276(1)(c) replaced 12 May 2017 section 21 Māori Purposes Act 2017 276A: Financial statements must be prepared 1: The committee of management of every Maori incorporation must, within 18 months after the making of the order of incorporation, and subsequently at least once in every calendar year, submit to a general meeting of shareholders financial statements for a period ending on a date not earlier than 6 months before the meeting. 2: The financial statements must,— a: in the case of a large Maori incorporation, be prepared in accordance with generally accepted accounting practice; and b: in any other case, include a statement signed by the secretary of the incorporation to the effect that the secretary is satisfied that the financial statements give a reasonable representation of the financial position and financial performance of the incorporation. 3: The financial statements must be accompanied by— a: the auditor's report made under section 277 b: a report by the committee of management in respect of the state of the incorporation's affairs and the amount, if any, that the committee has determined is available for the purposes of section 259(1)(c) c: in respect of the assets of the incorporation, a statement setting out the estimated current market value of the assets, together with a statement of the liabilities, if any, of the body corporate charged on or relating particularly to those assets (unless this information is already included in the financial statements). 4: If the assets of the incorporation include any interest in land, the current market value of that interest for the purposes of subsection (3)(c) 5: In this Act, a Maori incorporation is large Section 276A inserted 1 April 2014 section 120 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 276A(2) replaced 12 May 2017 section 22(1) Māori Purposes Act 2017 Section 276A(5) inserted 12 May 2017 section 22(2) Māori Purposes Act 2017 276B: Financial statements must be filed 1: The committee of management of a Maori incorporation must ensure that copies of the financial statements and other documents referred to in section 276A 10 working days 2: Copies filed under this section must be available for inspection by the public during the office hours of the court on payment of the fee (if any) prescribed for that purpose. Section 276B inserted 1 April 2014 section 120 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 276B(1) amended 6 February 2021 section 61 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 277: Appointment and duties of auditor 1: The shareholders of a large Maori incorporation 1A: 2: At any annual general meeting of a large Maori incorporation a: he or she is not qualified for reappointment; or b: a resolution has been passed at that meeting appointing somebody instead of him or her, or providing expressly that he or she shall not be reappointed; or c: he or she has given the incorporation notice in writing of his or her unwillingness to be reappointed. 3: Notwithstanding subsection (2), where notice is given of an intended resolution to appoint some person or persons in place of a retiring auditor, and by reason of the death, incapacity, or disqualification of that person or of all those persons, as the case may be, the resolution cannot be proceeded with, the retiring auditor shall not be automatically reappointed. 4: No person may be appointed as auditor of a large Maori incorporation section 35 5: See sections 37 to 39 6: The auditor must— a: audit the financial statements that are to be submitted to the shareholders in a general meeting during the auditor's tenure of office; and b: in carrying out the audit, comply with all applicable auditing and assurance standards. 6A: 6B: The auditor's report on the financial statements must— a: comply with the requirements of all applicable auditing and assurance standards; and b: state whether or not, in the auditor's opinion, according to the best of the auditor's information and the explanations given to the auditor, and as shown by the accounting records of the incorporation, any statement required by section 276A(3)(c) c: state whether or not the share register and index of shareholders required by section 263 7: The auditor’s report shall be read before the general meeting of the shareholders and shall be open to inspection by any shareholder. 8: 9: The auditor of a large Maori incorporation 1967 No 124 s 59 Section 277(1) amended 12 May 2017 section 23(1) Māori Purposes Act 2017 Section 277(1A) repealed 12 May 2017 section 23(2) Māori Purposes Act 2017 Section 277(2) amended 12 May 2017 section 23(3) Māori Purposes Act 2017 Section 277(4) replaced 1 April 2014 section 121(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 277(4) amended 12 May 2017 section 23(4) Māori Purposes Act 2017 Section 277(5) replaced 1 April 2014 section 121(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 277(6) replaced 1 April 2014 section 121(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 277(6A) repealed 12 May 2017 section 23(2) Māori Purposes Act 2017 Section 277(6B) inserted 1 April 2014 section 121(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 277(8) repealed 1 April 2014 section 121(3) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 277(9) amended 12 May 2017 section 23(4) Māori Purposes Act 2017 278: Appointment of share valuer 1: The shareholders of a Maori incorporation shall, at each annual general meeting, appoint a share valuer for the purpose of this section to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting. 2: No person may be appointed as the share valuer unless that person would be qualified to be appointed or to act as the auditor of the Maori incorporation under section 36 3: The same person may be appointed in respect of any incorporation to the offices of auditor and share valuer. 4: When, by any provision of this Act, the value of any shares in an incorporation is required to be assessed, fixed, or ascertained by the share valuer under this section, the share valuer shall assess the value of the shares in relation to the equity value of the incorporation at the date of the last published financial statements (as disclosed by those statements and the accompanying statement a: any material change in the current market value of the livestock or other assets of the incorporation since the date of the last published financial statements b: any appropriations of money to be paid to the shareholders or otherwise under section 259(1)(c) financial statements c: the estimated financial results of the operations of the incorporation for the current financial year; and d: any other matter or circumstance that, in the opinion of the share valuer, materially affects the equity value of the incorporation. 1967 No 124 s 60 Section 278(2) replaced 12 May 2017 section 24(1) Māori Purposes Act 2017 Section 278(4) amended 12 May 2017 section 24(2) Māori Purposes Act 2017 Section 278(4)(a) amended 12 May 2017 section 24(3) Māori Purposes Act 2017 Section 278(4)(b) amended 12 May 2017 section 24(3) Māori Purposes Act 2017 278A: Adjustment of shareholding 1: The shareholders of a Maori incorporation may from time to time, by special resolution, amend the total number of shares in the incorporation to a specified number, and correspondingly amend the number of shares held by each shareholder so as to represent the same proportion of the total shares as was represented by his or her shareholding before the amendment. 2: The incorporation shall amend the share register in accordance with the terms of the resolution passed under subsection (1), by altering the total number of shares to the number specified in the resolution, and by altering the number of shares held by each shareholder to the proper proportion of the new total of shares. 1967 No 124 ss 33(1)(d), 37 Section 278A inserted 1 July 1994 section 18 Te Ture Whenua Maori Amendment Act 1994 Duties and powers of court 279: Register of Maori incorporations 1: The Registrar of every Maori Land Court district shall keep in the office of the court a register of Maori incorporations existing on the commencement of this Act, or thereafter established under this Part, in respect of land situated in that district. 2: The register shall, in respect of every Maori incorporation registered in it, disclose the following particulars: a: the name of the incorporation and the date of the order of incorporation: b: the name or other description and the area of the land vested in the incorporation: c: the names, occupations, and addresses of the members for the time being of the committee of management, and of the duly elected chairman, and the appointed secretary of the committee: d: the location of the office of the incorporation: e: particulars of all orders made by the court in relation to the incorporation (other than orders vesting the shares of any shareholder in any other person or persons): f: the date of the filing in the court of the annual statement of accounts of the incorporation: g: every list of unclaimed dividends compiled by the incorporation under section 267 h: every special resolution. 3: Where a special resolution is made at a meeting of the shareholders of a Maori incorporation, the Secretary of the incorporation shall, within 15 working days 4: Every register kept pursuant to this section shall, during office hours, be open to public inspection on payment of the fee (if any) prescribed in respect of such inspection. 1967 No 124 s 64 Section 279(3) amended 6 February 2021 section 62 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 280: Investigation of incorporation’s affairs 1: The court may appoint 1 or more persons (in this section referred to as examining officers 2: The person or persons so appointed may (with the consent of the chief executive) be officers of the Ministry. 3: The court’s jurisdiction under subsection (1) may be exercised— a: on the application of shareholders together owning not less than one-tenth of the shares; or b: pursuant to a declaration by special resolution passed by a general meeting of shareholders that the affairs of the incorporation should be investigated c: 4: It shall be the duty of the members of the committee of management of the incorporation, and the secretary, and other officers or servants of the incorporation (whether past or present),— a: to produce to the examining officers all books and papers of or relating to the incorporation, and otherwise to give to the examining officers all assistance that they are reasonably able to give; and b: to furnish any explanation required, pursuant to any direction of the court, on any matter or question referred to in any report of the examining officers. 5: If any person fails in any duty imposed on that person by subsection (4), the court may inquire into the failure and, after hearing any witnesses who may be produced against or on behalf of the alleged offender, and after hearing any statement that may be offered in defence, punish the offender in like manner as if the offender had been guilty of contempt of court. 6: Where, after having considered the reports of the examining officers and any explanation that has been furnished under subsection (5), the court is of the opinion that any matter or question affecting the incorporation should be the subject of inquiry at a sitting of the court, or that a prima facie case for the exercise of any of the powers conferred upon the court by subsection (7) has been established, the court may appoint a time and place for a sitting of the court and give such directions for service of notice of the sitting, and of the matters to be dealt with, as it thinks fit. 7: Where, as the result of any investigation or examination into the affairs of a Maori incorporation, the court thinks it necessary to do so, it may, notwithstanding any of the provisions of this Part, do all or any of the following: a: remove from office any member or members of the committee of management or the secretary of the incorporation: b: appoint, for such period as it thinks fit, some person or persons to hold office as an additional member or additional members of the committee of management: c: suspend for such term as it thinks fit the powers of the members of the committee of management, and appoint 1 or more competent persons to exercise all the powers of the committee: d: impose such restrictions, conditions, or exceptions as it thinks fit on the powers of the incorporation: e: give such directions as it thinks fit for the conduct of the business of the incorporation: f: suspend for such period as the court thinks fit all or any of the provisions of the constitution of the incorporation: g: order the winding up of the incorporation: h: refer any matter to the Attorney-General to consider whether any charging document should be filed 8: The court may, before appointing an examining officer in respect of a Maori incorporation, require security for the cost of the examination, to be given by the applicant; and may, on completion of the investigation or at any stage of it, make such order as it thinks fit for the payment, by the incorporation or by a shareholder or any other person, of a reasonable sum to defray the costs of the examination and of any inquiry before the court. 9: The court may, in respect of any vacancies in the membership of a committee of management of a Maori incorporation created by the exercise of its powers under subsection (7)(a),— a: order an election to fill the vacancies; or b: fill the vacancies by appointment under section 269(5) c: order that the vacancies remain unfilled pending a further order of the court. 10: Any additional member appointed to a committee of management pursuant to subsection (7)(b) shall hold office in accordance with the terms of the order notwithstanding anything in the constitution of the incorporation, but for all other purposes shall have all the powers and be subject to all the provisions relating to the members of the committee. 11: The appointment of any such member may at any time be terminated by the court, notwithstanding that the period for which the member was appointed has not yet expired. 1967 No 144 s 61 1970 No 120 s 10 Section 280(3)(b) amended 1 July 2002 section 41(a) Te Ture Whenua Maori Amendment Act 2002 Section 280(3)(c) repealed 1 July 2002 section 41(b) Te Ture Whenua Maori Amendment Act 2002 Section 280(7)(h) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 281: Power of court to require officers to attend to explain non-compliance with statutory requirements 1: The court may at any time require any officer of a Maori incorporation to attend before the court and to explain any act or omission of any of the following kinds: a: failure to compile a list of unclaimed dividends and to transmit it to the Registrar in accordance with section 267(2) aa: failure to comply with section 274A(2) b: failure to keep accounting records as required by section 276 c: failure to submit to a general meeting of shareholders financial statements and such other statements and reports as are required by section 276A d: failure to file in the court the financial statements and other documents as required by section 276B e: failure to appoint an auditor as required by section 277 f: failure to transmit a copy of a special resolution to the Registrar in accordance with section 279(3) g: failure to keep, in the prescribed manner, a register of shareholders, and an index of shareholders: h: failure to hold, as prescribed, an annual general meeting of the shareholders: i: the making of any payment from the funds of the incorporation that is not authorised by or pursuant to this Part. 2: Where— a: the court is not satisfied with any explanation given to it under subsection (1); or b: where the officer fails to attend as required by the court under subsection (1) and either the officer fails to give a reason for the officer’s non-attendance or the court is not satisfied with the reason given by that officer for the officer’s non-attendance,— the court may exercise any of the powers conferred on it by section 280(7) 3: For the purposes of this section, the expression officer of an incorporation 1967 No 124 s 66(1)–(3) Section 281(1)(aa) inserted 1 July 2002 section 42 Te Ture Whenua Maori Amendment Act 2002 Section 281(1)(b) replaced 1 April 2014 section 122 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 281(1)(c) replaced 1 April 2014 section 122 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 281(1)(d) replaced 1 April 2014 section 122 Financial Reporting (Amendments to Other Enactments) Act 2013 282: Winding up of incorporation 1: The court may order the winding up of a Maori incorporation— a: pursuant to section 280(7)(g) b: if a general meeting of shareholders has by special resolution resolved that the incorporation be wound up; or c: if default has been made in the submission to a general meeting of shareholders, or in the filing in the court, of the financial statements and other documents required by sections 276A 276B d: if the number of shareholders is reduced below 2; or e: if the incorporation is unable to pay its debts; or f: if the court is of the opinion that it is just and equitable that the incorporation should be wound up. 2: On making an order winding up a Maori incorporation under this section, the court shall appoint a suitable person to be the liquidator of the incorporation. 3: On the appointment of a liquidator under this section, the authority of the committee of management of the incorporation shall cease, and the liquidator shall have power to do all acts and to execute, in the name and on behalf of the incorporation, all deeds, receipts, and other documents, and for the purposes to use, when necessary, the incorporation’s seal. 4: Subject to any directions of the court, the liquidator shall sell, realise, or otherwise dispose of the assets of the incorporation (other than its land), and shall hold the proceeds of any such sale, realisation, or disposal (if any) to be dealt with in accordance with orders of the court. 5: When a liquidator appointed under this section has completed the winding up of the incorporation, the liquidator shall file in the court a full statement of account relating to the course and fulfilment of the winding up and, upon the court being satisfied that the incorporation has been properly wound up, the court shall make— a: an order under section 283(3) b: an order dissolving the incorporation. 6: Any liquidator appointed pursuant to this section may from time to time apply to the court for directions with reference to the winding up. 7: No liquidator appointed under this section who acts pursuant to the rules of court or to any directions given by the court shall incur any liability to the incorporation or to any other person or persons. 8: The court may, at any time during the course of the winding up of a Maori incorporation, discharge a liquidator appointed under this section, and may appoint some other person as liquidator in place of the original appointee. 9: Any liquidator appointed under this section shall be entitled to be paid, out of the income and other assets of the incorporation, such remuneration as the court may order. 1967 No 124 s 65 1971 No 151 s 3 1975 No 135 s 17(3) Section 282(1)(c) replaced 1 April 2014 section 123 Financial Reporting (Amendments to Other Enactments) Act 2013 283: Disposal of land on winding up of incorporation 1: Subject to any directions of the court, the liquidator may sell any land retained by the incorporation under section 256(1)(a) 2: Notwithstanding any restrictions imposed by this Act on the alienation of Maori land, the liquidator may, with the leave of the court, grant a lease of any Maori freehold land vested in the incorporation, for a term not exceeding 7 years (including any term or terms of renewal) 3: Subject to subsections (1) and (2), the court may, at any time during the course of the winding up of a Maori incorporation, make an order vesting in the persons beneficially entitled to any or all of the land vested in the incorporation, in accordance with the respective interests of those persons, and the property shall vest in those persons accordingly. Section 283(2) amended 11 April 2001 section 14 Te Ture Whenua Maori Amendment Act 2001 284: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations— a: prescribing the form of constitution for Maori incorporations; and b: specifying matters in the constitution which may, by special resolution of the shareholders, be altered, added to, or replaced. 2: Without limiting the generality of subsection (1), regulations made under that subsection may provide for the following matters: a: the mode of summoning and holding general meetings of shareholders, including the circumstances in which a shareholder may be required to withdraw: b: the quorum at a general meeting of shareholders: c: the manner in which voting is to be carried out at a general meeting of shareholders: d: the appointment of proxies for the purposes of any meeting of shareholders: e: the circumstances in which proxies may or may not act at any meeting of shareholders: f: the matters that must be the subject of a special resolution and the quorum necessary for a particular resolution: g: the required majority to carry any particular special resolution: h: the carrying out of voting by postal vote or other method: i: the control of the common seal of the incorporation: j: the number of members of the committee of management and the manner in which those members are to be elected: k: the term of office of members of the committee of management: l: the filling of extraordinary vacancies in the membership of the committee of management: m: the number of shares that shall be the minimum share unit for the incorporation: n: the form of share transfer: o: the amendment of the share register: p: the suspension of registration of transfers and transmissions of shares: q: the inspection by shareholders of the books and records of the incorporation: r: the form of the share certificate: s: the form of the common seal: t: any transitional provisions required in relation to Maori incorporations in existence on the commencement of this Act, which transitional provisions may provide for the continuation in force in relation to such Maori incorporations or any of them of provisions of Part 4 of the Maori Affairs Amendment Act 1967 u: such other matters as are not inconsistent with this Act or with law. 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 284(1) substituted 1 July 1994 section 19 Te Ture Whenua Maori Amendment Act 1994 Section 284(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 14: Title reconstruction and improvement 285: Interpretation In this Part the term land to which this Part applies a: Maori land; and b: General land owned by Maori; and c: any other land that is for the time being subject to Part 2 1953 No 94 ss 173(2), 186(1) 286: Purpose of this Part 1: The principal purpose of this Part is to facilitate the use and occupation by the owners of land owned by Maori by rationalising particular landholdings and providing access or additional or improved access to the land. 2: Where it is satisfied that to do so would achieve the principal purpose of this Part, the court may make partition orders, amalgamation orders, and aggregation orders, grant easements, and lay out roadways in accordance with the provisions of this Part. 287: Jurisdiction of courts 1: Subject to subsection (3), the Maori Land Court shall have exclusive jurisdiction to make partition orders, amalgamation orders, aggregation orders, and exchange orders in respect of Maori land, and to grant easements and lay out roadways over Maori land. 2: The jurisdiction conferred on the Maori Land Court by this Part shall be discretionary, and, without limiting that discretion, the court may refuse to exercise that discretion in any case if it is not satisfied that to do so in the manner sought would achieve the principal purpose of this Part. 3: Nothing in this section shall apply in respect of any Maori reserve. 4: Except as provided in subsection (1), nothing in this Part shall limit or affect the jurisdiction of the High Court. 1953 No 94 ss 173(1), 174, 186(2) 288: Matters to be considered 1: In addition to the requirements of a: the opinion of the owners or shareholders as a whole; and b: the effect of the proposal on the interests of the owners of the land or the shareholders of the incorporation, as the case may be; and c: the best overall use and development of the land. 2: The court shall not make any partition order, amalgamation order, or aggregation order affecting any land, other than land vested in a Maori incorporation, unless it is satisfied— a: that the owners of the land to which the application relates have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and b: that there is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter. 3: The court shall not make any partition order, amalgamation order, or aggregation order affecting any land vested in a Maori incorporation unless it is satisfied— a: that the shareholders of the incorporation to which the application relates have been given express notice of the application; and b: that the shareholders have passed a special resolution supporting the application. 4: The court must not make a partition order unless it is satisfied that the partition order— a: is necessary to facilitate the effective operation, development, and utilisation of the land; or b: effects an alienation of land, by gift, to a member of the donor’s whanau, being a member who is within the preferred classes of alienees. 1953 No 94 ss 173(1), 174 Section 288(1) amended 1 July 2002 section 43(2) Te Ture Whenua Maori Amendment Act 2002 Section 288(4) substituted 1 July 2002 section 43(1) Te Ture Whenua Maori Amendment Act 2002 Partition 289: Partition orders 1: Where the court is satisfied that it should partition any Maori freehold land in accordance with this Part, it shall make a partition order, being— a: an order for the partition of any land into 2 or more defined separate parcels; or b: an order creating or evidencing the title to any 1 or more of such defined parcels. 2: Every partition order shall, upon registration in accordance with section 299 1953 No 94 s 176 290: Modes of partition 1: The court may partition any land under this Part in any 1 or more of the following ways: a: into parcels held by single owners in severalty: b: into parcels held by 2 or more owners as joint tenants: c: into parcels held by any number of owners as tenants in common together with owners holding as joint tenants: d: into parcels held by 2 or more owners as tenants in common: e: into parcels for which a class of persons are the beneficial owners or beneficiaries (for land vested in trustees by an order made under section 132(6) 2: Nothing in this Part shall prevent any such owner from retaining any interest in the residue of the land. 1953 No 94 s 180 1961 No 129 s 8 Section 290(1)(e) inserted 6 February 2021 section 63 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 291: Discretionary powers of court in making partitions 1: In partitioning any land under this Part, the court may exercise its discretionary powers in accordance with the following provisions of this section: a: it may partition the land among the several owners in accordance, as nearly as may be, with their several shares; or b: in order to give effect to any agreement or arrangement made by the owners concerned, it may allot the share or any of the shares of any owner to any other owner, subject to such conditions as to payment of compensation or otherwise as may have been agreed to. 2: Nothing in subsection (1)(a) shall limit the powers conferred on the court by section 293 3: The court shall make vesting orders for the purpose of giving effect to any arrangement made for the purpose of subsection (1)(b). 4: When any compensation is made payable by any person under subsection (1)(b), the court may, in the partition order or by a separate charging order, constitute the compensation a charge on any land or interest in land owned by the person by whom the compensation is payable. 1953 No 94 s 181 1967 No 124 s 126 1974 No 73 s 52(2) 292: Allotment of interests on partition 1: Where, by reason of the smallness of the undivided shares, or for any other reason, the court is of the opinion that it would be inequitable to partition any area in strict accordance with the respective shares of the owners, the court may, in partitioning that area, allot to any owner a parcel or interest greater in value than that to which the owner would otherwise be entitled, and may allot to any other owner a parcel or interest proportionately less in value than that to which the owner would otherwise be entitled. 2: The excess in the value of the parcel or interest allotted by the court shall be determined by the court and shall be stated in the partition order, and shall be expressly constituted by that order a charge upon the parcel or interest bearing that excess in value in favour of the person who has received a corresponding deficiency in value, or in favour of a trustee for that person. 1953 No 94 s 181A 1962 No 45 s 14 293: Power to award additional land as compensation for improvements, etc 1: Where, in any proceedings for the partition of any area of Maori freehold land, it is proved to the satisfaction of the court that any owner of an undivided interest in the land— a: has paid any survey charge or rates due in respect of the land; or b: has effected improvements on the land; or c: has expended money for any purpose that, in the opinion of the court, is for the benefit of all the owners of the land,— the court, on partitioning the land, may award to that owner such an area, in addition to the area to which that owner would otherwise be entitled, as in its opinion would be adequate to recompense that owner for the money so paid or expended or the improvements so effected by that owner. 2: Notwithstanding anything in subsection (1), instead of awarding additional land to any owner in accordance with that subsection, the court may, in the partition order or in any subsequent order, make an order for the award of compensation in respect of any such payments made, expenditure incurred, or improvements effected by the owner, and by the order shall determine by whom and the proportions in which any such compensation shall be payable. 3: When any compensation is awarded under this section, the court, by the same or any subsequent order, may constitute any such compensation a charge on any land or interest in land owned by the person by whom the compensation is payable. 1953 No 94 s 183 294: Saving of interests charged on partitioned land If, on the partition of any land, the share or interest of any person in the land is subject to any right, charge, or interest vested in any other person, that right, charge, or interest shall, subject to any apportionment or adjustment made under section 292 1953 No 94 s 185 295: Court may apportion rights and obligations 1: When a partition order is made, the court may, in that order or in any subsequent order made on the application of any person interested, or of its own motion, apportion or adjust, as between the several parcels into which the land has been partitioned, all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge to which the land is subject at the date of the partition. 2: Every such order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants Land Transfer Act 2017 3: Subject to subsection (4), the court may exercise its powers of apportionment or adjustment under this section in such manner as it thinks equitable. 4: In the exercise of its powers under this section with respect to any mortgage or lease, the court shall not make any apportionment or adjustment of rights, obligations, or liabilities without the consent of the mortgagee or lessee. 1953 No 94 s 179 Section 295(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 295(2) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 296: Dwelling sites for Maori 1: Without limiting the generality of the powers and discretions conferred on the court by the preceding provisions of this Part, but subject to section 148 2: The court shall make a vesting order for the purpose of giving effect to any such partition. 3: An order may be made under this section vesting any land or interest in land in a married couple or civil union partners or de facto partners, , civil union, or de facto relationship Part 7 4: Where the court has made an order under this section, or under section 440 of the Maori Affairs Act 1953 5: On cancelling a vesting order under subsection (4), the court may order— a: that the land be held again under the former instrument of title as if the vesting order had not been made; or b: that the land is vested in any other person whom the court considers to be justly entitled to it. 6: If an order under subsection (5)(a) is made, all orders of the court and all alienations affecting interests in the land made or effected since the date of the order cancelled are to be treated as relating to the former title and the interests under it. 7: On cancelling a vesting order under subsection (4), the court may, if it considers it necessary, make an order under section 128 1953 No 94 s 440 1959 No 90 s 26 1976 No 73 s 6(1) Section 296(3) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 296(3) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 296(5) substituted 1 July 2002 section 44 Te Ture Whenua Maori Amendment Act 2002 Section 296(6) substituted 1 July 2002 section 44 Te Ture Whenua Maori Amendment Act 2002 Section 296(7) added 1 July 2002 section 44 Te Ture Whenua Maori Amendment Act 2002 297: Partition orders may be made in respect of land held in trust 1: Any Maori freehold land may be partitioned by the court, whether it is owned at law by the beneficial owners of it, or is vested in trust for them or any of them in the Māori Trustee 1A: However, for land vested in trustees by an order made under section 132(6) 2: For the purposes of subsection (1), no land shall be deemed to be held in trust for the owners or any of them merely because any person named in the partition order holds an interest as trustee under the terms of a will. 1953 No 94 s 177(1), (1A) 1962 No 45 s 13(1) Section 297(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 297(1A) inserted 6 February 2021 section 64 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 298: Partition of combined areas 1: Subject to subsections (2) and (3), any area of land owned or partly owned by Maori (whether Maori land or General land), and any other area or areas of land, may, for the purposes of partition, be treated by the court as a single area of land owned in common by the owners of the several areas, and the court may make an order or orders of partition in respect of the areas. 2: No General land, other than General land owned by Maori, shall be dealt with under this section except with the consent in writing of the owner or owners and of every other person having a legal or equitable estate or interest in the land. 3: No Crown land shall be so dealt with without the consent of the Minister of the Crown having responsibility for the matter. 4: Where, by a partition order under this section, any General land is acquired by a Maori in severalty or in common with any other person or persons (whether or not Maori), it shall, unless otherwise specified in the order, become Maori freehold land. 5: For the purpose of giving effect to any order of partition under this section, the court may cancel or vary any existing partition order or other order, although that order has already been registered under the Land Transfer Act 2017 6: The provisions of section 88 Registrar-General of Land 1953 No 94 s 182 1967 No 124 s 137 1975 No 135 s 16 Section 298(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 298(6) amended 12 November 2018 section 250 Land Transfer Act 2017 299: Registration of partition orders 1: When a partition order affects land that is subject to the Land Transfer Act 2017 a: the Registrar of the court must forward the order to the Registrar-General of Land: b: if, when the order is received by the Registrar-General of Land, there is an unqualified record of title to the land so partitioned, the order must be registered against the title in accordance with that Act: c: if, when the order is received by the Registrar-General of Land, the title to the land partitioned is in a qualified record of title, the Registrar-General of Land may either register the order against that qualified record of title in accordance with that Act or as a separate qualified record of title; in which latter case— i: the partition order is, as provided in section 17 ii: the original qualified record of title relating to the land partitioned must then be cancelled so far as it relates to the parcel or any parcel included in the partition order; and iii: all entries and memorials affecting the record of title to any such parcel must be transferred to the qualified record of title: d: if, when the order is received by the Registrar-General of Land, the title to the land partitioned has not been registered, the partition order must be registered as a qualified record of title: e: the provisions of the Land Transfer Act 2017 f: the Registrar-General of Land may continue under this section to record in a record of title that the title is qualified, so long as the number of owners exceeds 10. 2: The provisions of subsection (1) shall, as far as they are applicable and with any necessary modifications, extend and apply to any partition order that affects the legal title to any land that is not subject to the Land Transfer Act 2017 3: For the purposes of subsection (1), a partition order shall be deemed to affect the legal title to land notwithstanding that any other person named in the order is so named as a trustee under the terms of a will. 4: 1953 No 94 s 178 1962 No 45 s 13(2) Section 299(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 299(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 299(4) repealed 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 300: Plan approved by court prerequisite to partition of Maori land No partition of Maori land shall be effected (whether by the court under this Part or otherwise) except in accordance with a plan approved by the court. 301: Compliance with provisions of Resource Management Act 1991 relating to subdivisions 1: This section applies to every partition of land by the court except for a partition into parcels to be held by owners who are members of the same hapu. 2: Subject to the provisions of this section, the court shall not partition any land to which this section applies, otherwise than in accordance with the Resource Management Act 1991 3: Without limiting subsection (2),— a: a partition of land shall be deemed to be a subdivision of land within the meaning of section 218 b: sections 120 121 Environment Court 4: However, section 230(3) to (5) 1953 No 94 s 432(1)–(3) 1991 No 69 s 362 Section 301(3)(b) amended 1 July 2002 section 45 Te Ture Whenua Maori Amendment Act 2002 Section 301(4) inserted 6 February 2021 section 65 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 302: Contributions for reserve purposes 1: Notwithstanding anything in section 301 Resource Management Act 1991 2: Notwithstanding anything in section 301 Resource Management Act 1991 a: the court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and b: the Registrar-General of Land and Registrar of Deeds must not require, under Part 10 3: 1953 No 94 s 432(4), (5) s 362 Section 302(2)(a) substituted 1 July 2002 section 46(1) Te Ture Whenua Maori Amendment Act 2002 Section 302(2)(b) substituted 1 July 2002 section 46(1) Te Ture Whenua Maori Amendment Act 2002 Section 302(3) repealed 1 July 2002 section 46(2) Te Ture Whenua Maori Amendment Act 2002 303: Subdivision consent and conditions of subdivision consent 1: Subject to subsection (2), the court may make a partition order to which section 301 Resource Management Act 1991 2: The court must— a: make such orders as it considers necessary, having regard to Part 10 b: have regard to sections 229 to 237H section 301 3: Any land that would be required to be set apart, reserved, or vested in another person, because of subsection (2), must be set apart as a Maori reservation, for the common use and benefit of the people of New Zealand, despite anything in the Resource Management Act 1991 4: Land to which subsection (3) applies must be treated— a: as if it were land set apart under section 338(1) section 340(1) b: as if the procedural requirements of those subsections had been satisfied. 5: The court may declare that any land set apart under subsection (3) be dedicated for the construction of roads, if the court considers that to be necessary to satisfy a condition or requirement of a subdivision consent. 6: No vesting order shall be made under this section in respect of any land which is subject to any lease, licence, mortgage, charge, or other encumbrance. 7: Where any land proposed to be dedicated or set apart under this section is subject to any lease, licence, mortgage, charge, or other encumbrance, the court, with the consent of the person entitled to the benefit of the encumbrance and the vesting order, shall vest the land free from that encumbrance accordingly. 8: 9: On the completion of any vesting order made by the court for the purposes of this section, the Registrar must forward the order to the Registrar-General of Land who must register the order. 1953 No 94 s 422(6)–(14) 1991 No 69 s 362 Section 303(2) substituted 1 July 2002 section 47(1) Te Ture Whenua Maori Amendment Act 2002 Section 303(3) substituted 1 July 2002 section 47(1) Te Ture Whenua Maori Amendment Act 2002 Section 303(4) substituted 1 July 2002 section 47(1) Te Ture Whenua Maori Amendment Act 2002 Section 303(5) substituted 1 July 2002 section 47(1) Te Ture Whenua Maori Amendment Act 2002 Section 303(8) repealed 1 July 2002 section 47(2) Te Ture Whenua Maori Amendment Act 2002 Section 303(9) substituted 1 July 2002 section 47(3) Te Ture Whenua Maori Amendment Act 2002 304: Power to impose restrictions in respect of other partitions 1: This section applies to every partition by the court of Maori freehold land where the partition is into parcels to be held by owners who are members of the same hapu. 2: The court shall, in respect of every partition to which this section applies, impose a restriction that the land shall not be sold 3: If an application is made to the court to confirm a sale of Maori land to which this section applies, to persons who are not members of the same hapu, the court— a: may, if it considers it appropriate, publicly notify the application and invite submissions from the territorial authority and any other person who is likely to be affected by the application; and b: may confirm or refuse to confirm the sale under section 152 sections 229 to 237H 4: If an application involves the sale of land to persons who are not members of the same hapu, and the court decides under subsection (3) that land is required to be set apart, reserved, or vested in another person, the court must set that land apart as a Maori reservation, for the common use and benefit of the people of New Zealand, despite anything in the Resource Management Act 1991 5: Land to which subsection (4) applies must be treated— a: as if it were land set apart under section 338(1) section 340(1) b: as if the procedural requirements of those subsections had been satisfied. 6: If the court confirms the sale of land to persons who are not members of the same hapu,— a: the court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and b: any condition imposed by the court requiring a contribution of land for reserve purposes or in lieu of reserves may only require any such land to be set aside from that part of the land that is to be sold. 7: 1953 No 94 s 432A 1991 No 69 s 362 Section 304(2) amended 1 July 2002 section 48(1) Te Ture Whenua Maori Amendment Act 2002 Section 304(3) substituted 1 July 2002 section 48(2) Te Ture Whenua Maori Amendment Act 2002 Section 304(4) substituted 1 July 2002 section 48(2) Te Ture Whenua Maori Amendment Act 2002 Section 304(5) substituted 1 July 2002 section 48(2) Te Ture Whenua Maori Amendment Act 2002 Section 304(6) substituted 1 July 2002 section 48(2) Te Ture Whenua Maori Amendment Act 2002 Section 304(7) repealed 1 July 2002 section 48(2) Te Ture Whenua Maori Amendment Act 2002 305: Reserves contributions, roads, etc Section 305 repealed 1 July 2002 section 58(j) Te Ture Whenua Maori Amendment Act 2002 306: Cancellation of partition orders 1: Subject to the provisions of this section, the court may at any time cancel, wholly or in part, any partition order made under this Act or under the corresponding provisions of any former Act, whether or not that order has been registered under the Land Transfer Act 2017 2: If the whole of the land comprised in the order has been acquired by the present owner or that owner’s predecessor in title by any alienation, the court shall not cancel an order under this section without the consent of the present owner. 3: Where the whole of the land comprised in any partition order is subject to any lease, licence, mortgage, charge, or other encumbrance, the order shall not be cancelled under this section without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance, unless the court is satisfied that the rights and interests of that person would not be detrimentally affected by the cancellation of the order. 4: Upon the cancellation under this section of any partition order, the land comprised therein shall, to the extent of the cancellation, be held again under the former instrument of title as if no partition had taken place; and all orders of the court and all alienations affecting interests in the land made or affected since the date of the order cancelled shall be deemed to relate to the former title and the interests under it. 5: Upon the cancellation under this section of a partition order, the court shall, unless it considers such a course unnecessary, issue a declaratory order under section 128 1953 No 94 s 184 1967 No 124 s 138 Section 306(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Amalgamation and aggregation 307: Amalgamation orders 1: Where the court is satisfied that any land to which this Part applies, and that comprises 2 or more areas held under separate titles, can be more conveniently worked or dealt with as if it were held in common ownership under 1 title, the court may cancel the several titles under which the land is held and make an amalgamation 2: An amalgamation order shall not be made in respect of any land that is for the time being subject to Part 2 3: Where the whole of the land comprised in any separate title is subject to any lease, licence, mortgage, charge, or other encumbrance, the court shall not make an amalgamation order without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance, unless it is satisfied that the rights and interests of that person would not be detrimentally affected by the making of the order. 4: Where an order is made in respect of land subject to any lease, licence, mortgage, or other encumbrance, the court may make such order as it thinks proper for the apportionment or adjustment of the rights and obligations of any person under any such lease, licence, mortgage, or other encumbrance; and every order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act 2017 5: Notwithstanding anything to the contrary in section 41 6: Subject to subsection (7), every amalgamation order shall, upon registration under the Land Transfer Act 2017 7: Where the land is vested in trust for the owners in the Māori Trustee 7A: However, if the land is vested in trustees by an order made under section 132(6) section 309 a: an amalgamation order may be made only if the same type of trust holds all the land (either an ahu whenua trust or a whenua topu trust); and b: the court must vest the new parcel in the trustees of a trust of that type for beneficial owners or beneficiaries that combine the classes of persons from the land being amalgamated, as if vesting it under section 132(6) 8: An amalgamation order shall state upon its face the status of the land comprised in it as from the making of the order, in accordance with the following provisions: a: if any part of the land was formerly Maori freehold land, the whole of the land comprised in the order shall be Maori freehold land: b: if no part of the land was Maori freehold land, but part was General land, the whole of the land comprised in the order shall be General land: c: in any other case, the whole of the land comprised in the order shall be Crown land. 9: The provisions of section 299 1953 No 94 s 435(1), (3), (6)–(10) 1967 No 124 s 141(1) 1974 No 73 s 52(3) 1975 No 135 s 16(1) Section 307(1) amended 1 July 1994 section 22 Te Ture Whenua Maori Amendment Act 1994 Section 307(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 307(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 307(7) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 307(7A) inserted 6 February 2021 section 66 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 308: Aggregation orders 1: Where the court is satisfied that any 2 or more areas of land to which this Part applies could be more conveniently worked or dealt with if they were held in common ownership, but that there is no reason to cancel the existing titles, it may make an aggregation order vesting the areas of land in the aggregate of the owners of those areas. 2: Upon registration under the Land Transfer Act 2017 2A: However, if the land is vested in trustees by an order made under section 132(6) section 309 a: an aggregation order may be made only if the same type of trust holds all the land (either an ahu whenua trust or a whenua topu trust); and b: the court must vest the areas of land in the trustees of a trust of that type for beneficial owners or beneficiaries that combine the classes of persons from the land whose ownership is being aggregated, as if vesting it under section 132(6) 3: Any Crown land that, pursuant to this section, is vested in any Maori shall thereupon become Maori freehold land and the aggregation order shall so state. 4: Subject to subsection (5), the Land Transfer Act 2017 a: each area of the land comprised in the order shall be deemed to be held by those persons who held it at the time of the making of the order or by their successors in title, and in the same relative shares; and b: section 306(5) 5: Despite subsection (4), but subject to subsections (6) and (7), the provisions of section 293 6: Where land that will be affected by the cancellation of an aggregation order is— a: land in respect of which a trust is constituted under Part 12 b: land vested in a Maori incorporation,— the court may not exercise the power conferred on the court by subsection (5) unless it has first consulted the trustees or the management committee of the incorporation, as the case may require. 7: The court may not, under section 293(1) 1953 No 94 s 434A 1974 No 73 s 58 Section 308(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 308(2A) inserted 6 February 2021 section 67 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 308(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 308(4) amended 11 April 2001 section 15(1) Te Ture Whenua Maori Amendment Act 2001 Section 308(5) added 11 April 2001 section 15(2) Te Ture Whenua Maori Amendment Act 2001 Section 308(6) added 11 April 2001 section 15(2) Te Ture Whenua Maori Amendment Act 2001 Section 308(7) added 11 April 2001 section 15(2) Te Ture Whenua Maori Amendment Act 2001 309: Orders to specify relative interests of owners 1: Every amalgamation order and every aggregation order shall set forth the relative interests of the several owners of the land, which, subject to subsection (3), shall be calculated by reference to the relative values of the interests to which they were entitled before the making of the order. 2: For the purposes of calculating those relative values, the court may, if it thinks it equitable to do so, adopt values, whether capital or land values, other than those appearing in the district valuation roll for the time being in force under the Rating Valuations Act 1998 3: Instead of calculating the relative interests of the owners by reference to the relative values of the interests to which they were entitled before the making of the order, the court may calculate the relative interests in accordance with any understanding or arrangement between the several groups of owners as to a basis of amalgamation otherwise than as specified in subsection (2), if it is satisfied that the basis is, in all the circumstances, equitable. 1953 No 94 s 435(4), (5) 1967 No 124 s 141(1) 1982 No 124 s 4(5) Section 309(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Exchange orders 310: Court may make exchange orders 1: For the purpose of giving effect to the exchange of any land to which this Part applies, or of any interest in any such land, for any other land (whether land to which this Part applies or not), or for any other interest in land, the court may make exchange orders in accordance with sections 311 to 314 2: Nothing in this section or in sections 311 to 314 3: None of the provisions contained in any other Part with respect to the alienation of Maori freehold land, except section 148 1953 No 94 ss 187, 188 1975 No 135 s 16(1) 311: Land and interests that may be exchanged 1: Any Maori freehold land, or any interest in any such land, may be exchanged by means of an exchange order for any other Maori freehold land or General land, or for any other interest in any such land. 2: Any General land owned by Maori, or any interest in any such land, may be exchanged under this Part for any other General land, or for any other interest in General land, whether or not owned by Maori. 3: Any Maori freehold land, or any interest in any such land, may be exchanged under this Part for any Crown land that is subject to Part 2 1953 No 94 s 189 1975 No 135 s 16(1) 312: Conditions precedent to making of exchange orders 1: The court shall not make an exchange order unless it is satisfied in respect of the following matters: a: that the exchange is not detrimental to the interests of the Maori owners affected by the exchange: b: that, if the interests to be exchanged are unequal in value, a sufficient sum of money by way of equality of exchange has been actually paid or sufficient security for its payment has been given: c: that the Maori owners of the land affected by the exchange have had sufficient notice of the application for an exchange order and sufficient opportunity to discuss and consider it, and that there is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter. 2: Notwithstanding anything in subsection (1)(b), in any case to which that provision applies the court may waive the requirement to pay a sum of money by way of equality of exchange if it is satisfied that the exchange is in the nature of a family arrangement and that, apart from the inequality of the exchange, no party to it is adversely affected. 1953 No 94 s 190 313: Effect of exchange order 1: An exchange order shall operate according to its tenor to transfer and vest the respective estates and interests expressed to be exchanged in the same manner as if all necessary instruments of assurance had been lawfully executed by and between all persons interested, and as if all those persons had 2: When any General land becomes vested in any Maori or in a trustee for any Maori for an estate in fee simple, whether legal or equitable, in exchange for Maori freehold land in accordance with this Part, the General land so exchanged shall thereupon become Maori freehold land. 1953 No 94 s 191 1975 No 135 s 16(1) Section 313(1) amended 16 September 2011 section 12 Te Ture Whenua Maori Amendment Act 2011 314: Money payable by way of equality of exchange to be charge on land 1: When any money is payable by any person by way of equality of exchange in accordance with an exchange order, the court may, in the exchange order or by a separate charging order, constitute that money a charge upon any interest owned by that person in any land, and the money so charged shall be payable in accordance with the terms of the order. 2: The court may allow interest at a rate not exceeding 5% per annum on any money so payable by way of equality of exchange and for the time being unpaid. 3: Where a charging order is made in respect of money payable by way of equality of exchange, that order shall extend to include any money payable by way of interest. 1953 No 94 s 192 Easements and roadways 315: Court may create easements 1: The court may— a: create easements over any land to which this Part applies for the purpose of being annexed to or used or enjoyed with any other land; or b: create easements over any General land for the purpose of being annexed to or used or enjoyed with any land to which this Part applies; or c: create easements in gross over any land to which this Part applies. 2: The grant of an easement under this section may be made subject to a condition for the payment of compensation in respect of the grant, or to any other conditions that the court may impose. 3: Where an easement is granted under this section for the purpose of providing access to any other land, the grant of the easement shall be made in accordance with the succeeding provisions of this Part. 1953 No 94 s 30(1)(j)(i), (4), (5) 1960 No 120 s 5 1975 No 135 s 16(1) 315A: Court may cancel or vary easements 1: The court may, on application, vary or cancel an easement created under section 315 2: The court may vary or cancel an easement under this section even though the land subject to the easement has ceased to be land to which this Part applies. Section 315A inserted 1 July 2002 section 49 Te Ture Whenua Maori Amendment Act 2002 316: Court may lay out roadways 1: For the purpose of providing access, or additional or improved access, the court may, by order, lay out roadways in accordance with the succeeding provisions of this section and of this Part. 2: For the purpose of providing access, or additional or improved access, to any land to which this Part applies, the court may lay out roadways over any other land. 3: For the purpose of providing access, or additional or improved access, to any land other than land to which this Part applies, the court may lay out roadways over any land to which this Part applies. 4: Any order laying out roadways may be a separate order, or may be incorporated in a partition order or other appropriate order of the court. 1953 No 94 ss 415(1), (2), 418–420 1975 No 135 s 16(1) 317: Required consents 1: The court shall not lay out roadways over any Maori freehold land unless it is satisfied that the owners have had sufficient notice of the application to the court for an order laying out roadways and sufficient opportunity to discuss and consider it, and that there is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter. 2: The court shall not lay out roadways over any customary land without the consent of an agent appointed by the court pursuant to Part 10 3: The court shall not lay out roadways over any General land without the consent of each owner. 4: The court shall not lay out roadways over any Crown land without the consent of the Commissioner of Crown Lands 5: The court shall not lay out roadways connecting with any State highway without the consent of the New Zealand Transport Agency 6: The court shall not lay out roadways connecting with any public road without the consent of the territorial authority for the district in which the connection would be effected. 7: Notwithstanding anything in subsections (5) and (6), where a roadway is laid off as part of a partition to which section 301 8: In subsection (6), territorial authority 1953 No 94 ss 415(3), 418(2), 419, 420 1967 No 124 s 22 1972 No 135 s 4(1) 1975 No 135 s 16(1) 1978 No 43 s 3(4) Section 317(4) amended 1 July 2002 section 50 Te Ture Whenua Maori Amendment Act 2002 Section 317(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 317(7) substituted 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 Section 317(8) inserted 7 August 2020 section 300 Urban Development Act 2020 318: Effect of laying out roadway 1: Subject to the provisions of subsection (2), the laying out of a roadway over any land shall confer on all persons the same rights of user as if it were a public road. 2: In any order laying out a roadway or in any subsequent order, the court may define or limit the persons or classes of persons entitled to use the roadway, and may define or restrict their rights of user in such manner and to such extent as it thinks fit. 3: In any order laying out a roadway or in any variation of that order, the court may impose conditions as to the formation or fencing of the roadway or as to any other matter that it thinks fit, and may suspend or limit the right to use the roadway until those conditions have been complied with. 4: The laying out of a roadway over any land shall not affect the ownership of the land comprised in the roadway, or its description as Maori land, or Crown land, or General land (as the case may be). 5: Notwithstanding anything in this Part, no private road or private way shall be laid out within the district of a territorial authority otherwise than in accordance with sections 347 348 1953 No 94 s 416 1975 No 135 s 16(1) 1978 No 43 s 3(4) 319: Compensation in respect of roadway 1: On laying out a roadway under this Part, the court may determine that compensation shall be payable in accordance with the terms of the order laying out the roadway, and subject to such conditions (if any) as may be specified in the order. 2: An order for the payment of compensation shall specify the amount of compensation to be paid, the person or persons by whom the same shall be payable, and the person or persons to whom or for whose benefit the same shall be paid. 3: Any such person may waive that person’s entitlement to compensation under the court’s order. 4: On the variation or cancellation, pursuant to section 322 5: Any compensation payable pursuant to an order of the court under this section may, in whole or in part, be charged by the court on any land for the benefit of which the roadway has been laid out. 1953 No 94 s 417 320: Roadways may be declared roads or streets 1: The Governor-General may, by Proclamation made in accordance with this section, declare that the land comprised in any roadway laid out by the court under this Part or under any corresponding former enactment shall be a road or street. 2: No roadway shall be declared a road or street pursuant to this section except in accordance with a recommendation made by the court to the Minister of Transport. 3: In making a recommendation for the purposes of this section, the court shall describe the roadway with sufficient particularity to enable its boundaries to be accurately determined. 4: No roadway shall be declared a road or street pursuant to this section without the consent in writing of— a: the New Zealand Transport Agency b: the territorial authority for the district in which the road or proposed road is situated. 5: On the date of the publication in the Gazette 6: The provisions of section 57 7: In subsection (4), territorial authority for the district 1953 No 94 s 421 1953 No 118 ss 2(1), 43(3) 1954 No 76 s 413(6) 1972 No 132 s 8(1) 1972 No 135 s 10(2) 1978 No 43 s 3(4) Section 320(4)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 320(7) inserted 7 August 2020 section 300 Urban Development Act 2020 321: Land that has been used but not set apart as a road may be declared a road or street 1: Where the court is satisfied that any Maori freehold land has in fact been used as a roadway though it may not have been declared to be a roadway, it may make a recommendation to the Minister of Transport that the land so used be declared to be a road. 2: Any such recommendation may be made subject to the condition that compensation by the Crown, or by a territorial authority, or by any person interested, be paid to or on behalf of any person or persons having an estate or interest in the land. 3: On compliance with the conditions (if any) imposed by the court, the land to which the recommendation relates may be declared to be a road in accordance with the provisions of section 320 1953 No 94 s 422 1973 No 44 s 2(4)(a) 1978 No 43 s 3(4) 322: Court may cancel roadways 1: Where any roadway that has been laid off by an order of the court, whether before or after the commencement of this Act, has not been declared to be a road, the court may, on application, vary or cancel that order in so far as it relates to the roadway. 2: The Registrar must give notice of the variation or cancellation of the order to the chief executive within the meaning of section 4 3: The court may vary or cancel any order under this section notwithstanding that, after the order was made, the land over which the roadway was laid out ceased to be land to which this Part applies. 1953 No 94 s 423 1978 No 43 s 3(4) Section 322(2) replaced 6 February 2021 section 68 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 323: Powers of court on cancellation of roadway 1: Where, pursuant to section 322 2: Where the land comprised in any roadway is not included in a separate instrument of title, the owners shall thereafter hold the land freed from its reservation as a roadway. 3: The foregoing provisions of this section as to the cancellation of orders shall, as far as they are applicable and with any necessary modifications, apply to the variation pursuant to section 322 4: Any order made by the court under this section shall, upon production, be registered by the Registrar-General of Land Registrar-General of Land 1953 No 94 s 424 Section 323(4) amended 12 November 2018 section 250 Land Transfer Act 2017 324: Unused road or street over Maori land may be stopped by court 1: This section applies to roads that have previously been or that may hereafter be constituted over any Maori freehold land, irrespective of the terms or descriptions used or the procedure adopted when they were constituted as roads. 2: With the consent in writing of the Minister of Transport and of the authority having the control of the road under section 317 3: By the same or a subsequent order, the court, subject to such terms and conditions as it thinks proper with respect to payment or as to any other matter, may vest the land comprised in the road or portion of the road so closed in such person or persons as it may determine, or may amend any existing title to any Maori land so as to include in it the whole or any part of the road or portion of the road that has been closed. 4: The land so included in any instrument of title shall thereupon vest in the owner or owners as if it had been originally included in it, and shall become subject to any reservations, trusts, rights, titles, interests, or encumbrances to which the land comprised in that instrument of title is then subject. 5: Any order made under this section shall, upon production, be registered by the Registrar-General of Land Registrar-General of Land record of title 1953 No 94 s 425 1978 No 43 s 3(4) Section 324(5) amended 12 November 2018 section 250 Land Transfer Act 2017 325: Court may make vesting orders for lands comprised in roads or streets stopped otherwise than under foregoing provisions 1: Where any road or portion of a road has previously been or is hereafter closed pursuant to any authority other than this Act or an Act repealed by this Act, the court may, on the application of the Minister of Transport, or of the territorial authority having control of the road at the time of closure, make a vesting order vesting the whole or any portion of the land comprised in the road or portion of the road that has been closed in the owner for the time being of any adjoining land that, when the road was constituted, was Maori freehold land or General land owned by Maori. 2: Any land vested pursuant to this section shall become subject to any reservations, trusts, rights, titles, interests, or encumbrances to which the land with which it is incorporated is then subject. 3: The provisions of subsection (1) shall extend to apply in any case where the road was laid out over Crown land, and the land adjoining the road or portion of the road that has been closed is Maori freehold land or General land owned by Maori. 4: By the same or a subsequent order, the court may amend any existing title to include in it the land comprised in the road or portion of the road that has been closed, and the Registrar-General of Land record of title 5: Unless the court otherwise orders, any land that is vested in any Maori pursuant to this section shall thereupon become Maori freehold land. 6: In subsection (1), territorial authority having control of the road at the time of closure 1953 No 94 s 426 1964 No 46 s 11(1) 1975 No 135 s 16 1978 No 43 s 3(4) Section 325(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 325(6) inserted 7 August 2020 section 300 Urban Development Act 2020 326: Alienation of land to include alienation of interest in roadway giving access to that land 1: Where any roadway that is comprised in a separate instrument of title has, whether before or after the commencement of this Act, been laid out by the court over any Maori freehold land, the transfer by sale or otherwise of any land to which the roadway gives access shall, unless the instrument of alienation expressly provides to the contrary, be and be deemed to have been a transfer by the alienor to the alienee of the alienor’s interest (if any) in the roadway. 2: If any such instrument of title is registered under the Land Transfer Act 2017 Registrar-General of Land 3: In any case to which subsection (1) does not apply, the alienee of any land to which any roadway gives access (whether or not a separate title exists in respect of the roadway) shall have the same rights of access and be subject to the same obligations as were enjoyed by or imposed on the alienor in respect of the roadway before the transfer. 1953 No 94 s 427 Section 326(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Landlocked Maori land Heading inserted 1 July 2002 section 51 Te Ture Whenua Maori Amendment Act 2002 326A: Meaning of certain terms In this section and sections 326B 326C 326D conservation area section 2(1) national parks, as defined in section 2 reserves, as defined in section 2(1) wildlife management reserves, wildlife refuges, and wildlife sanctuaries, all as defined in section 2(1) landlocked land a: Maori freehold land; or b: General land owned by Maori that ceased to be Maori land under Part 1 of the Maori Affairs Amendment Act 1967 national park section 2 occupier owners public reserve section 2(1) rail operator section 4(1) railway line section 4(1) reasonable access Section 326A inserted 1 July 2002 section 51 Te Ture Whenua Maori Amendment Act 2002 Section 326A rail operator inserted 20 July 2005 section 103(3) Railways Act 2005 Section 326A rail service operator repealed 20 July 2005 section 103(3) Railways Act 2005 Section 326A railway line substituted 20 July 2005 section 103(3) Railways Act 2005 Section 326A reasonable access replaced 6 February 2021 section 69 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 326B: Reasonable access may be granted in cases of landlocked Maori land 1: The owners of landlocked land may apply at any time to the court for an order in accordance with this section. 2: On an application made under this section,— a: the owner of land adjoining the landlocked land that will or may be affected by the application must be joined as a party to the application; and b: every person having an estate or interest in the landlocked land, or in any other piece of land (whether or not that piece of land adjoins the landlocked land), that will or may be affected if the application is granted, or claiming to be a party to or to be entitled to any benefit under any mortgage, lease, easement, contract, or other instrument affecting or relating to any such land, and the local authority concerned, are entitled to be heard in relation to any application for, or proposal to make, any order under this section. 2A: The applicant must, as soon as practicable after filing an application in the court, send a copy of the application to the local authority concerned. 3: For the purposes of subsection (2), the court may, if in its opinion notice of the application or proposal should be given to any person mentioned in that subsection, direct that such notice as it thinks fit must be given to that person by the applicant or by any other person. 4: In considering an application under this section, the court must have regard to, a: if the applicant purchased the land, the nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased the land; and b: the circumstances in which the landlocked land became landlocked; and c: the conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land; and d: the hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and da: the relationship that the applicant has with the landlocked land and with any water, site, place of cultural or traditional significance, or other taonga associated with the land; and db: the culture and traditions of the applicant with respect to the landlocked land; and e: the requirements of Part 3B f: issues of public safety raised by a rail operator g: such other matters as the court considers relevant. 5: If, after taking into consideration the matters specified in subsection (4), and all other matters that the court considers relevant, the court is of the opinion that the applicant should be granted reasonable access to the landlocked land, it may make an order for that purpose— a: vesting in the owners of the legal estate in the landlocked land the legal estate in fee simple in any other piece of land (whether or not that piece of land adjoins the landlocked land) except land that is a national park, public reserve or railway line; or b: attaching and making appurtenant to the landlocked land an easement over any other piece of land (whether or not that piece of land adjoins the landlocked land), despite section 75 Section 326B inserted 1 July 2002 section 51 Te Ture Whenua Maori Amendment Act 2002 Section 326B(4) amended 6 February 2021 section 70(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326B(4)(a) replaced 6 February 2021 section 70(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326B(4)(da) inserted 6 February 2021 section 70(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326B(4)(db) inserted 6 February 2021 section 70(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326B(4)(f) amended 20 July 2005 section 103(3) Railways Act 2005 Section 326B(5)(b) amended 20 July 2005 section 103(3) Railways Act 2005 326C: Conditions and other matters 1: Any order under section 326B(5) a: the payment of compensation by the applicant to any other person; and b: the exchange of any land by the applicant and any other person; and c: the fencing of any land and the upkeep and maintenance of any fence; and d: the upkeep and maintenance of any land over which an easement is to be granted; and e: the powers of the court under Part 16 f: the carrying out of any survey that may be required by the Registrar-General of Land before the Registrar-General of Land will issue, in respect of any piece of land affected by the order, a record of title that is not qualified under section 17 g: the time in which any work necessary to give effect to the order is to be carried out; and h: the execution, stamping, and delivery of any instrument; and i: such other matters as the court considers relevant. 2: Every order made under section 326B(5) 3: If the court makes an order under section 326B(5) a: declare any estate or interest in any piece of land affected by the order to be free of any mortgage, lease, easement, or other encumbrance affecting that piece of land, or vary, to such extent as it considers necessary in the circumstances, any mortgage, lease, easement, contract, or other instrument affecting or relating to that piece of land; and b: declare that the legal estate in fee simple in any piece of land to be vested in the owners of the landlocked land is to vest subject to the same terms, conditions, liabilities, and encumbrances as those on and subject to which the owners hold the estate in the landlocked land, and is subject in all respects to any instrument of mortgage, charge, lease, sublease, or other encumbrance affecting that estate in the landlocked land as if the piece of land to be vested had been expressly included in the instrument. 4: If the court makes an order (in this subsection referred to as the principal order section 326B(5) a: an order authorising any person named in the order, or the agents, employees, and contractors of the named person, with or without animals, vehicles, aircraft, hovercraft, and any mode of conveyance and any equipment, to enter upon any piece of land specified in the order for the purpose of carrying out any work necessary to give effect to the principal order; and b: such other consequential order as the court may think necessary or desirable to give full effect to the principal order; and c: an order requiring the applicant to maintain the land, or meet other obligations affecting the land, failing which the principal order may be revoked. Section 326C inserted 1 July 2002 section 51 Te Ture Whenua Maori Amendment Act 2002 Section 326C(1)(f) amended 12 November 2018 section 250 Land Transfer Act 2017 326D: Additional provisions relating to orders under section 326B or 326C 1: Any order made under section 326B(5) Land Transfer Act 2017 Deeds Registration Act 1908 Crown Minerals Act 1991 2: This section and sections 326A to 326C 3: 4: 5: Nothing in Part 10 section 326B 326C 6: The court’s powers under this section and sections 326A to 326C sections 315 to 317 7: The court may appoint expert assessors or valuers, as additional members of the court, to assist it to determine issues of valuation or compensation under sections 326A to 326D Section 326D inserted 1 July 2002 section 51 Te Ture Whenua Maori Amendment Act 2002 Section 326D heading amended 6 February 2021 section 71(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326D(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 326D(1) amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 326D(3) repealed 6 February 2021 section 71(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326D(4) repealed 6 February 2021 section 71(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 326D(5) amended 6 February 2021 section 71(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 327: Part 21 of Local Government Act 1974 modified in its application to Maori land Section 327 repealed 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 15: Occupation orders 328: Occupation orders 1: The Maori Land Court may, in its discretion, make, in relation to any Maori freehold land or any General land owned by Maori, an order vesting in— a: the owner of any beneficial interest in that land; or b: any person who is entitled to succeed to the beneficial interests of any deceased person in that land; or c: any beneficiary of a whanau trust that holds a beneficial interest in that land,— exclusive use and occupation of the whole or any part of that land as a site for a house (including a house that has already been built and is located on that land when the order is made) 2: Where the land that will be affected by the order is— a: land in respect of which a trust is constituted under Part 12 b: land vested in a Maori incorporation,— the court shall not make the order without the consent of the trustees or of the management committee of the incorporation, as the case may require. 3: Notwithstanding any rule of law, an order under subsection (1) shall not be deemed to be a partition, development, or subdivision of the land to which the order relates. 4: In making an order under subsection (1), the Maori Land Court may specify— a: that the occupation order is for a specified period; or b: that the occupation order ends on the occurrence of a defined event. Section 328(1) amended 1 July 2002 section 52(1) Te Ture Whenua Maori Amendment Act 2002 Section 328(1)(b) replaced 6 February 2021 section 72 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 328(1)(c) inserted 6 February 2021 section 72 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 328(4) added 1 July 2002 section 52(2) Te Ture Whenua Maori Amendment Act 2002 329: Matters to be considered 1: In deciding whether or not to exercise its jurisdiction to make any occupation order, the Maori Land Court shall have regard to— a: the opinions of the owners as a whole; and b: the effect of the proposal on the interests of the owners of the land; and c: the best overall use and development of the land. 2: Notwithstanding subsection (1), the Maori Land Court shall not make any order, unless it is satisfied— a: that the owners of the land to which the application relates have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and aa: that the owners of the land to which the application relates understand that an occupation order— i: may pass by succession; and ii: may be for a specified term or until the occurrence of a defined event: b: that there is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter: c: that, in the circumstances, the extent of the beneficial interest in the land held by the person in whose favour the occupation order is to be made, or to which that person is entitled to succeed, justifies the occupation order. Section 329(2)(aa) inserted 1 July 2002 section 53(1) Te Ture Whenua Maori Amendment Act 2002 Section 329(2)(c) added 1 July 2002 section 53(2) Te Ture Whenua Maori Amendment Act 2002 330: Power to amend or cancel occupation order The Maori Land Court may at any time, on the application of any person or of its own motion, make an order amending or cancelling any occupation order. 330A: Review of occupation orders 1: The Maori Land Court may review an occupation order made before this section comes into force, on application by an owner of a beneficial interest in the land over which the occupation order has been made, or by the person in whom the occupation order is vested. 2: The Maori Land Court may conduct a review under subsection (1) as if it were exercising its jurisdiction to make the initial occupation order, and must have particular regard to the fact that, after it was made, the occupation order could pass by succession. Section 330A inserted 1 July 2002 section 54 Te Ture Whenua Maori Amendment Act 2002 330B: Obligation to notify territorial authority of occupation order The Registrar of the Maori Land Court must notify the relevant local authority of— a: any occupation order made under section 328 b: any amendment or cancellation of an occupation order made under section 330 Section 330B inserted 13 April 2021 section 81 Local Government (Rating of Whenua Māori) Amendment Act 2021 331: Regulations 1: The Governor-General may from time to time, by Order in Council, make such regulations as may be necessary or expedient to give effect to this Part. 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 331(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16: Surveys of Maori land 332: Power to require surveys 1: The court may make an order requiring the survey of any Maori land if, in the court’s opinion, the survey is necessary or expedient for— a: the completion of any order of the court; or b: the exercise of any powers or jurisdiction of the court in relation to the land. 2: Alternatively, the court may make an order requiring the survey of any Maori land for any purpose— a: on the application of an owner of any Maori land; but b: only if the court is satisfied that— i: the owners of the land to be surveyed have had sufficient notice of the proposal for the survey and sufficient opportunity to discuss and consider it; and ii: there is a sufficient degree of support for the survey among the owners. 3: However, an order must not be made under this section unless the court is satisfied that the cost of the proposed survey has been paid or has been sufficiently secured. 4: An order may— a: include any details about the nature or purpose of the survey; and b: nominate a surveyor to carry out the survey. Section 332 replaced 6 February 2021 section 73 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 333: Power of court to make charging orders on land in respect of costs of survey Section 333 repealed 6 February 2021 section 74 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 334: Interest on survey charges 1: The 2: A certificate signed by the Surveyor-General 1953 No 94 s 409 Section 334(1) amended 6 February 2021 section 75(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 334(2) amended 6 February 2021 section 75(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 335: Power of Minister of Lands to remit survey charges 1: The Minister of Lands may at any time, if he or she thinks fit, direct the remission and discharge, in whole or in part, of any charge imposed in favour of the Crown, whether before or after the commencement of this Act, in respect of the survey of any Maori land. 2: A certificate signed by the Surveyor-General 3: Any certificate given under subsection (2) shall have the effect of a discharge to the extent mentioned in the certificate and may be registered accordingly. 4: A certificate given under this section may include any group or class of charging orders. 1953 No 94 s 410 1987 No 65 s 65(1) Section 335(2) amended 6 February 2021 section 76 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 336: Contribution from owners in respect of surveys Section 336 repealed 6 February 2021 section 77 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 337: Survey notices 1: For the purpose of providing for payment of the cost of the survey of any Maori land, the Registrar may serve on the Māori Trustee survey notice Māori Trustee Māori Trustee 2: On receipt of any survey notice under subsection (1), the Māori Trustee 3: If at the time of service of a survey notice the Māori Trustee Māori Trustee Māori Trustee 1953 No 94 s 411A 1967 No 124 s 140 Section 337(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 337(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 337(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 17: Maori reservations 338: Maori reservations for communal purposes 1: The court may make an order to a: for the purposes of a village site, marae, meeting place, recreation ground, sports ground, bathing place, church site, building site, burial ground, landing place, fishing ground, spring, well, timber reserve, catchment area or other source of water supply, or place of cultural, historical, or scenic interest, or for any other specified purpose; or b: that is a wahi tapu, being a place of special significance according to tikanga Maori. 2: The court may make an order to 3: Except as provided in section 340 order 4: Land may be so set apart as or included in a Maori reservation although it is vested in an incorporated body of owners or in the Māori Trustee 5: The court may make an order in respect of any Maori reservation to a: exclude from the reservation any part of the land comprised in it: b: cancel the reservation: c: redefine the purposes for which the reservation is made: d: redefine the persons or class of persons for whose use or benefit the reservation is made. 6: Land must not be set apart as a Maori reservation while it is subject to any mortgage or charge, and an order made under subsection (1), (2), or (5) does not affect any lease or licence. 7: The court may, by order, vest any Maori reservation in any body corporate or in any 2 or more persons in trust to hold and administer it for the benefit of the persons or class of persons for whose benefit the reservation is made, and may from time to time, as and when it thinks fit, appoint a new trustee or new trustees or additional trustees. 8: The court may, on the appointment of trustees under subsection (7), or on application at any time thereafter, set out the terms of the trust, and subject to any such terms, the Maori reservation shall be administered in accordance with , and be subject to, 9: Upon the exclusion of any land from a reservation under this section or the cancellation of any such reservation, the land excluded or the land formerly comprised in the cancelled reservation shall vest, as of its former estate, in the persons in whom it was vested immediately before it was constituted as or included in the Maori reservation, or in their successors. 10: In any case to which subsection (9) applies, the court may make an order vesting the land or any interest in the land in the person or persons found by the court to be entitled to the land or interest. 11: While land is set apart as a Maori reservation,— a: the land or an interest in the land cannot be alienated, or vested or acquired under an Act; but b: the beneficial ownership of the land may continue to change by succession or otherwise (but this does not change the persons for whose common use or benefit the reservation is held, unless it is held for the beneficial owners). 12: However, the trustees (including any term or terms of renewal) 13: The revenue derived from any such lease or occupation licence shall be expended by the trustees as the court directs. 14: A lease or occupation licence may be granted under subsection (12) for a term exceeding 14 years (including any term or terms of renewal) if granted for the purposes of— a: education; or b: health; or c: papakāinga housing. 15: The Governor-General may from time to time, by Order in Council, make all such regulations as, in the Governor-General’s opinion, may be necessary or expedient for giving full effect to the provisions of this section. 16: Any such regulations may apply to any specified Maori reservation or to any specified class of Maori reservations, or to Maori reservations generally. 16A: Regulations under subsection (15) are secondary legislation ( see Part 3 17: Where any Maori reservation (set apart under any Act repealed by this Act or the corresponding provisions of any former Act) is subsisting at the commencement of this Act, this Act, and any regulations made under this Act, have effect,— a: in relation to the Maori reservation, as if it were a Maori reservation set apart under this section; and b: in relation to any vesting order made in respect of the Maori reservation (under any Act repealed by this Act or the corresponding provisions of any former Act), as if that vesting order were a vesting order made under this section. 1953 No 94 s 439(1)–(11) 1968 No 127 s 5 1970 No 120 s 7 1972 No 135 s 11(1) 1973 No 106 s 15 1975 No 135 s 16 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 338(1) substituted 1 July 2002 section 55 Te Ture Whenua Maori Amendment Act 2002 Section 338(1) amended 6 February 2021 section 78(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(2) amended 6 February 2021 section 78(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(3) amended 6 February 2021 section 78(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 338(5) amended 6 February 2021 section 78(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(6) replaced 6 February 2021 section 78(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(8) amended 11 April 2001 section 17(1) Te Ture Whenua Maori Amendment Act 2001 Section 338(11) replaced 6 February 2021 section 78(5) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(12) amended 6 February 2021 section 78(6) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(12) amended 11 April 2001 section 16(1) Te Ture Whenua Maori Amendment Act 2001 Section 338(14) replaced 6 February 2021 section 78(7) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 338(16A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 338(17) substituted 11 April 2001 section 17(2) Te Ture Whenua Maori Amendment Act 2001 338A: Regulations relating to trustees of Maori reservations 1: Regulations made under section 338(15) a: specify— i: terms for which those trustees or any of them are to be appointed: ii: circumstances in which those trustees or any of them cease to hold office: iii: circumstances in which those trustees or any of them may be removed from office by the court: iv: powers, authorities, and discretions that may be exercised by those trustees (in addition to those conferred on them by this Act) and the manner in which those trustees or any of them may exercise their powers, authorities, and discretions (including those conferred on them by this Act or the Trusts Act 2019 v: powers, authorities, and discretions conferred by the Trusts Act 2019 vi: conditions that must be complied with by those trustees: b: authorise the court to exercise in relation to those trustees (but not to the exclusion of the High Court) any of the powers and authorities conferred on the High Court by the Trusts Act 2019 2: Nothing in subsection (1) limits— a: the powers of the court under section 338(8) b: the generality of section 338(15) Section 338A inserted 11 April 2001 section 18 Te Ture Whenua Maori Amendment Act 2001 Section 338A(1)(a)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Section 338A(1)(a)(v) amended 30 January 2021 section 161 Trusts Act 2019 Section 338A(1)(b) amended 30 January 2021 section 161 Trusts Act 2019 339: Court may consider proposal for Maori reservation on application of Minister 1: On the application of the Minister, the court may consider a proposal that any piece of land (whether Crown land, land or an interest in land to which section 8A section 8HB section 338 2: The court may then— a: make an order under section 338 b: recommend to the Minister that something else is done. 3: However, for land or an interest in land to which section 8A section 8HB a: recommend to the Minister that the Crown acquire the land so that it can be set aside as a Maori reservation and, if the Crown acquires the land, make an order under section 338 b: recommend to the Minister that something else is done. 4: For the purposes of this section, section 338 1953 No 94 s 439A 1974 No 73 s 60 1975 No 135 s 16 Section 339(1) amended 6 February 2021 section 79(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 339(2) replaced 6 February 2021 section 79(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 339(3) inserted 6 February 2021 section 79(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 339(4) inserted 6 February 2021 section 79(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 340: Maori reservation may be held for common use and benefit of people of New Zealand 1: An order constituting a Maori reservation under section 338 2: However, the court must be satisfied that reserving the land in that way— a: is in accordance with the views of the owners; and b: is consented to by the local authority. 3: In appointing trustees for any Maori reservation (that is not a wahi tapu) 1953 No 94 s 439(12)–(14) 1972 No 135 s 11(2) Section 340(1) replaced 6 February 2021 section 80 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 340(2) replaced 6 February 2021 section 80 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 340(3) amended 1 July 2002 section 56(3) Te Ture Whenua Maori Amendment Act 2002 341: Further provisions relating to Maori reservation for marae or meeting place 1: Notwithstanding anything in section 338 or as wahi tapu 2: On the vesting by the court, in accordance with section 338(7) 3: Upon proof of the determination for any reason of the lease in respect of any reservation constituted over land leased in the manner referred to in subsection (1), the court may make an order under section 338(5) 1953 No 94 s 439(15)–(17) 1973 No 106 s 15(2) Section 341(1) amended 1 July 2002 section 57 Te Ture Whenua Maori Amendment Act 2002 Section 341(3) amended 6 February 2021 section 81 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 341A: Orders about Maori reservations to be registered 1: An order made under section 338(1), (2), or (5) a: on the record of title for the land under the Land Transfer Act 2017 b: if applicable, in accordance with the Deeds Registration Act 1908 2: The Registrar must lodge an order for registration as soon as practicable after it is made. 3: No fee is payable for registration. Section 341A inserted 6 February 2021 section 82 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 18: Miscellaneous provisions 342: Protection of Maori land against execution for debt 1: The following cannot be enforced against a person’s interest in Maori customary land or, subject to section 343 a: a judgment for payment of the person’s debts or liabilities: b: a fine, penalty, or sentence of reparation that is imposed on the person: c: a requirement to pay money that is imposed on the person by an order or any other judicial process. 2: Nothing in subsection (1) shall limit or affect the operation of any mortgage or charge to which any Maori land is subject, or shall apply to the recovery of rates or taxes payable in respect of Maori land. 3: Nothing in subsection (1) shall apply to any revenue derived by any person from any interest in land to which that subsection applies; and all such revenue shall be available for the payment of that person’s debts. 4: For the purposes of this section, the interest of any person in Maori land shall be deemed to include that person’s interest in all timber, flax and other things (other than industrial crops) so attached to the land as to form part of it as between the heir and the executor of a deceased freeholder at common law, and shall also be deemed to include, while the land remains Maori land, that person’s interest in all money being the proceeds of any alienation of that land, except such money as has been actually received by that person or by any trustee for that person. 1953 No 94 s 455 1967 No 124 s 146 1974 No 73 s 65(1) Section 342(1) replaced 6 February 2021 section 83 Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 343: Maori land available in bankruptcy 1: On the application of the Official Assignee acting in respect of the estate of any person adjudged bankrupt after 1 April 1968, the court may make an order vesting in the Official Assignee the beneficial freehold interest of the bankrupt in Maori freehold land owned by the bankrupt whether solely or in severalty or jointly 2: Any application under this section shall be dealt with by the court without notification or appearance of any person, and, subject to the provisions of this section, the court shall make the order sought as a matter of course. 3: Any order made by the court pursuant to this section shall take effect and may be registered under the Land Transfer Act 2017 4: Notwithstanding any provision to the contrary in the Insolvency Act 2006 5: Notwithstanding the provisions of the Insolvency Act 2006 Part 7 1953 No 94 s 455A 1967 No 124 s 147 1974 No 73 s 66 Section 343(1) amended 1 July 1994 section 20 Te Ture Whenua Maori Amendment Act 1994 Section 343(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 343(4) amended 3 December 2007 section 445 Insolvency Act 2006 Section 343(5) amended 3 December 2007 section 445 Insolvency Act 2006 344: Co-owners of Maori land not bound by Limitation Act 2010 or other limitation enactments 1: Time does not run, and must not be treated as having run, against a co-owner of Maori land who neglects or has at any time neglected to exercise that co-owner’s right of entering upon and using the common property while it remains in the occupation of another co-owner or someone claiming through or under that co-owner. 2: This section overrides the Limitation Act 2010 1953 No 94 s 458 Section 344 substituted 1 January 2011 section 58 Limitation Act 2010 345: Presumptions as to Maori freehold land held by 2 or more owners 1: Subject and without prejudice to any alienation made before the coming into operation of the Native Land Court Act 1894 2: Where the relative interests of the several owners in common of any Maori freehold land are not defined in the instrument of title, those interests shall, on application by any of the owners, be defined by the court; and there shall be no presumption of law that the interests of the several owners are equal. 1953 No 94 s 457 346: Prevention of waste on Maori land 1: Every person who, without lawful authority, cuts or removes or attempts to remove from any Maori freehold land any standing timber trees, or any timber or other wood, or any flax, tree ferns, sand, topsoil, metal, minerals, or other substances, whether usually quarried or mined or not, commits an offence, and shall be liable on 2: For the purposes of this section, any leave or licence purporting to be granted to any person by 1 or more but not by all of several tenants in common shall not be deemed to be a lawful authority, except where that leave or licence is granted under an instrument duly confirmed in accordance with the provisions of Part 8 3: In any proceedings under this section it shall be a good defence to any person who is a tenant in common that any timber trees, timber, or other wood, or any flax, kauri gum, or minerals cut or removed by that person were so cut or removed for that person’s own use and not for the purpose of disposing of the same to any other person, whether by way of sale, gift, exchange or otherwise. 4: Except as provided in subsection (3), a tenant in common as such shall not be deemed to have lawful authority to do any of the acts referred to in that subsection. 5: Despite anything to the contrary in section 25 1953 No 94 s 459 1955 No 106 s 8 1974 No 73 s 67 Section 346(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 346(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 347: Orders in Council and Proclamations affecting title to be registered Every Order in Council or Proclamation made under the authority of this Act and affecting the title to land that is subject to the Land Transfer Act 2017 Registrar-General of Land Gazette Registrar-General of Land 1953 No 94 s 465 Section 347 amended 12 November 2018 section 250 Land Transfer Act 2017 Transitional and consequential provisions 348: Savings of effect of Land Titles Protection Act 1908 Subject to the provisions of sections 44 to 49 Native Land Act 1909 Land Titles Protection Act 1908 1953 No 94 s 468 349: Declaratory Judgments Act 1908 not affected Nothing in this Act shall limit or affect any jurisdiction conferred upon the High Court or the Court of Appeal by the Declaratory Judgments Act 1908 1953 No 94 s 469 350: Trustees of persons under disability Every order made under Part 10 of the Maori Affairs Act 1953 section 217 351: Periodic review of trusts constituted under section 438 of Maori Affairs Act 1953 1: The trustees for the time being of any trust constituted under section 438 of the Maori Affairs Act 1953 2: On any such review the court may, by order, confirm the trust order without variation, or vary the terms of the order in such manner as it thinks fit, or make an order terminating the trust. 3: The power to terminate a trust under subsection (2) does not apply in respect of the Ruapuha Uekaha Hapū Trust. Section 351(3) inserted 29 November 2022 section 11 Māori Purposes Act 2022 352: Representation of owners of Maori land Where, on the commencement of this Act, any person is, by virtue of an appointment under section 73 of the Maori Affairs Amendment Act 1974 section 183 353: Existing trusts of Maori land not affected Except so far as otherwise expressly provided by this Act, nothing in this Act shall affect the powers, rights, or duties of trustees of Maori land under any trust existing at the commencement of this Act, whether created by Act, Crown grant, or other instrument of title, or in any other manner; and those powers, rights, and duties shall continue to exist and to be exercised and performed in the same manner as if this Act had not been passed. 1953 No 94 s 470 354: Existing trusts to continue as ahu whenua trusts Notwithstanding section 353 section 438(1) of the Maori Affairs Act 1953 Part 12 355: Provision for completion of sales and subdivisions Where, before the commencement of this Act, an unconditional agreement has been entered into for the sale of any Maori freehold land or consent has been obtained to the subdivision of any Maori freehold land, the sale may be completed and the subdivision may take place as if this Act had not been passed and any enactment repealed by this Act shall, notwithstanding its repeal, continue and be in force for the purpose of continuing and perfecting under such repealed enactment the sale or subdivision. 356: Part 9 not to apply to Maori reserves Except as provided in subsection (4) of section 10 Part 9 1953 No 94 s 471 1970 No 120 s 14(2) 357: Maori incorporations in existence at commencement of Act 1: Where a Maori incorporation established under, or continued in existence by, the provisions of Part 4 of the Maori Affairs Amendment Act 1967 2: Notwithstanding anything in subsection (1),— a: the legal estate in fee simple in all land vested in any such Maori incorporation on the commencement of this Act (including the Maori freehold land) shall, subject to the provisions of this Act, remain vested in the Maori incorporation; and b: the estate of the incorporation in all land vested in any such Maori incorporation on the commencement of this Act (including the Maori freehold land) shall be subject to all leases, mortgages, charges, or other interests to which the title of the incorporation was subject on the commencement of this Act; and c: every Maori incorporation to which subsection (1) applies shall, subject to the provisions of this Act, hold the land and other assets belonging to it in trust for the shareholders in the Maori incorporation in proportion to their several interests in the land. 3: Subsections (1) and (2) shall, subject to the provisions of this Act, have effect notwithstanding anything in the order by which the Maori incorporation was established or in the Act under which that order was made. 4: The secretary of every Maori incorporation to which subsection (1) applies shall, as soon as practicable after the commencement of this Act, note the effect of this section on the share register of the Maori incorporation and make such amendments (if any) to that share register as are required to give effect to this section. 5: The Registrar of the Maori Land Court shall note the effect of this section on the records held in that court in relation to the incorporation of every Maori incorporation to which subsection (1) applies. 6: The District Land Registrar is hereby authorised and directed to cancel or amend any existing certificate of title and to issue any new certificate of title that may be necessary to give effect to this section. 358: Land acquired by Maori incorporation before commencement of Act 1: Where a Maori incorporation to which section 357(1) 1 July 1996 a: authorising the Maori incorporation to hold the whole or any part of that land as an investment; and b: declaring that, notwithstanding section 357 i: shall not form part of the corpus of the incorporation; and ii: shall cease to be Maori freehold land; and c: declaring that, notwithstanding section 357(1) d: making such other provision in relation to the change in the status of the whole or any part of that land as the court thinks just. 1A: Any reference in subsection (1) to land that a Maori incorporation acquired after the date on which that Maori incorporation was established includes, in the case of a Maori incorporation that has amalgamated, land acquired after the date on which the original, or one of the original, Maori incorporations was established. 2: No restrictions on alienation imposed by any of the provisions of this Act shall apply in respect of any land held by an incorporation as an investment pursuant to an order made under subsection (1). 3: Where a Maori incorporation to which section 357(1) land 4: Subsections (1) and (2) shall, subject to the provisions of this Act, have effect notwithstanding anything in the order by which the Maori incorporation was established or in the Act under which that order was made. 5: The secretary of every Maori incorporation to which subsection (1) applies shall, as soon as practicable after the making of an order under subsection (1), note the effect of that order on the share register of the Maori incorporation and make such amendments (if any) to that share register as are required to give effect to that order. 6: The Registrar of the Maori Land Court shall note the effect of every order on the records held in that court in relation to the incorporation of every Maori incorporation to which the order relates. 7: The District Land Registrar is hereby authorised and directed to cancel or amend any existing certificate of title and to issue any new certificate of title that may be necessary to give effect to an order made under subsection (1). Section 358(1) amended 1 July 1994 section 21(1) Te Ture Whenua Maori Amendment Act 1994 Section 358(1A) inserted 1 July 1994 section 21(2) Te Ture Whenua Maori Amendment Act 1994 Section 358(3) amended 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 358A: Transitional provisions in relation to objects of Maori incorporations 1: This section applies to every Maori incorporation established under, or continued in existence by, the provisions of Part 4 of the Maori Affairs Amendment Act 1967 2: The court may from time to time, upon application made to the court by or on behalf of a Maori incorporation to which this section applies, make— a: an order redefining the objects for which the incorporation was established, or adding any other objects; or b: an order omitting from the order of incorporation the object or several objects specified in the order of incorporation as the object or the several objects for which the incorporation is established. 3: Subject to any order made under subsection (2)(a), and to any order made, before the commencement of this Act, under section 28 of the Maori Affairs Amendment Act 1967 4: An application under this section may be made only pursuant to a resolution passed at a general meeting of the shareholders of the incorporation by or on behalf of which the application is made. Section 358A inserted 28 September 1993 Te Ture Whenua Maori Amendment Act (No 2) 1993 359: Provisions of certain enactments not affected by this Act 1: Except as otherwise expressly provided in this Act, this Act, in its application to any land that is subject to any of the enactments specified in subsection (2), shall be read subject to that enactment. 2: The enactments referred to in subsection (1) are the following: a: Maori Reserved Land Act 1955 b: Kapiti Island Public Reserve Act 1897 c: Crown Minerals Act 1991 d: Part 4 1953 No 94 s 472 360: Application of Limitation Act 1950 to Maori customary land Section 360 repealed 1 January 2011 section 58 Limitation Act 2010 361: Limitation of actions in relation to Maori customary land Section 361 repealed 1 January 2011 section 58 Limitation Act 2010 362: Amendments and repeals 1: The enactments specified in Schedule 1 2: The enactments specified in Schedule 2

DLM296638

1993

Privacy Act 1993

1: Short Title and commencement 1: This Act may be cited as the Privacy Act 1993. 2: Except as provided by section 31(2) 1: Preliminary provisions 2: Interpretation 1: In this Act, unless the context otherwise requires,— action agency a: means any person or body of persons, whether corporate or unincorporate, and whether in the public sector or the private sector; and, for the avoidance of doubt, includes a department; but b: does not include— i: the Sovereign; or ii: the Governor-General or the Administrator of the Government; or iii: the House of Representatives; or iv: a member of Parliament in his or her official capacity; or v: the Parliamentary Service Commission; or vi: the Parliamentary Service, except in relation to personal information about any employee or former employee of that agency in his or her capacity as such an employee; or vii: in relation to its judicial functions, a court; or viii: in relation to its judicial functions, a tribunal ix: an Ombudsman; or x: a Royal Commission; or xi: a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908 xii: 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 xiii: in relation to its news activities, any news medium; or xiv: an inquiry to which section 6 collect Commissioner section 12 section 28(1)(b) correct correction department a: a government department named in Part 1 of Schedule 1 b: an interdepartmental venture: c: a departmental agency hosted by a government department named in Part 1 of Schedule 1 d: an interdepartmental executive board serviced by a government department named in Part 1 of Schedule 1 see also section 120A departmental agency section 5 Deputy Commissioner section 15 Director of Human Rights Proceedings section 20A 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 enactment a: any Act of Parliament; or b: any legislative instrument within the meaning of the Legislation Act 2012 Human Rights Review Tribunal Tribunal section 93 individual individual concerned information matching programme section 97 information privacy principle principle section 6 information privacy request section 33 intelligence and security agency a: the New Zealand Security Intelligence Service: b: the Government Communications Security Bureau interdepartmental executive board section 5 interdepartmental venture section 5 international organisation local authority a: means a local authority or public body named or specified in Schedule 1 b: includes— i: any committee or subcommittee or standing committee or special committee or joint standing committee or joint special committee which the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceedings; and ii: a committee of the whole local authority Minister news activity a: the gathering of news, or the preparation or compiling of articles or programmes of or concerning news, observations on news, or current affairs, for the purposes of dissemination to the public or any section of the public: b: the dissemination, to the public or any section of the public, of any article or programme of or concerning— i: news: ii: observations on news: iii: current affairs news medium Radio New Zealand Limited or Ombudsman Ombudsmen Act 1975 organisation a: means— i: an organisation named in Part 2 ii: an organisation named in Schedule 1 b: includes— i: the Office of the Clerk of the House of Representatives: ii: an intelligence and security agency 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 personal information Births, Deaths, Marriages, and Relationships Registration Act 1995 (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995) public register section 58 public register privacy principle section 58 public sector agency a: means an agency that is a Minister, a department, an organisation, or a local authority; and b: includes any agency that is an unincorporated body (being a board, council, committee, or other body)— i: which is established for the purpose of assisting or advising, or performing functions connected with, any public sector agency within the meaning of paragraph (a); and ii: which is so established in accordance with the provisions of any enactment or by any such public sector agency publicly available information publicly available publication responsible Minister serious threat a: the likelihood of the threat being realised; and b: the severity of the consequences if the threat is realised; and c: the time at which the threat may be realised statutory officer a: holding or performing the duties of an office established by an enactment; or b: performing duties expressly conferred on that person by virtue of that person's office by an enactment unique identifier a: that is assigned to an individual by an agency for the purposes of the operations of the agency; and b: that uniquely identifies that individual in relation to that agency;— but, for the avoidance of doubt, does not include an individual's name used to identify that individual working day a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year. 2: For the avoidance of doubt, it is hereby declared that the fact that any body (being a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, by any provision of an Act, to inquire into a specified matter) is not excluded from the definition of the term agency in subsection (1) by virtue of subparagraph (xii) of paragraph (b) of that definition does not mean that such a body is not excluded from that definition by virtue of subparagraph (vii) or subparagraph (viii) of that paragraph. 1982 No 156 s 2 1983 No 83 s 2 1985 No 128 s 71(3) 1987 No 8 s 2 1987 No 174 s 2 Section 2(1) agency amended 3 September 1996 Privacy Amendment Act 1996 Section 2(1) agency inserted 27 August 2013 section 39 Inquiries Act 2013 Section 2(1) Commissioner replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) Complaints Review Tribunal Tribunal repealed 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 2(1) department replaced 7 August 2020 section 119(1) Public Service Act 2020 Section 2(1) departmental agency inserted 7 August 2020 section 119(2) Public Service Act 2020 Section 2(1) Director of Human Rights Proceedings inserted 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 2(1) enactment replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 2(1) Human Rights Review Tribunal Tribunal inserted 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 2(1) intelligence and security agency inserted 28 September 2017 section 313(1) Intelligence and Security Act 2017 Section 2(1) intelligence organisation repealed 28 September 2017 section 313(1) Intelligence and Security Act 2017 Section 2(1) interdepartmental executive board inserted 7 August 2020 section 119(2) Public Service Act 2020 Section 2(1) interdepartmental venture inserted 7 August 2020 section 119(2) Public Service Act 2020 Section 2(1) news medium amended 5 July 1996 section 2 Radio New Zealand Act (No 2) 1995 Section 2(1) organisation replaced 28 September 2017 section 313(2) Intelligence and Security Act 2017 Section 2(1) permanent resident of New Zealand replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 2(1) personal information replaced 3 September 1996 Privacy Amendment Act 1996 Section 2(1) personal information amended 27 February 2013 section 4(1) Privacy Amendment Act 2013 Section 2(1) personal information amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(1) Proceedings Commissioner repealed 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 2(1) serious threat inserted 27 February 2013 section 4(2) Privacy Amendment Act 2013 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 3: Information held by agency 1: Subject to subsection (2), information that is held by an officer or employee or member of an agency in that person's capacity as such an officer or employee or member or in that person's capacity as a statutory officer shall be deemed, for the purposes of this Act, to be held by the agency of which that person is an officer or employee or member. 2: Nothing in subsection (1) applies in respect of any information that any officer or employee or member of a public sector agency would not hold but for that person's membership of, or connection with, a body other than a public sector agency, except where that membership or connection is in that person's capacity as an officer or an employee or a member of that public sector agency or as a statutory officer. 3: Nothing in subsection (1) applies in respect of any information that any officer or employee or member of any agency (not being a public sector agency) would not hold but for that person's membership of, or connection with, any other agency, except where that membership or connection is in that person's capacity as an officer or an employee or a member of that first-mentioned agency. 4: For the purposes of this Act, where an agency holds information— a: solely as agent; or b: for the sole purpose of safe custody; or c: for the sole purpose of processing the information on behalf of another agency,— and does not use or disclose the information for its own purposes, the information shall be deemed to be held by the agency on whose behalf that information is so held or, as the case may be, is so processed. 5: Despite subsection (1), information that is held by an employee of a department carrying out the functions of a departmental agency must be treated for the purposes of this Act as held by the departmental agency. 1982 No 156 s 2(2)–(4) Section 3(5) inserted 7 August 2020 section 120 Public Service Act 2020 4: Actions of, and disclosure of information to, staff of agency, etc For the purposes of this Act, an action done by, or information disclosed to, a person employed by, or in the service of, an agency in the performance of the duties of the person's employment shall be treated as having been done by, or disclosed to, the agency. Privacy Act 1988 s 8(1) (Aust) 5: Act to bind the Crown This Act binds the Crown. 2: Information privacy principles 6: Information privacy principles The information privacy principles are as follows: Information privacy principles Principle 1 Purpose of collection of personal information Personal information shall not be collected by any agency unless— (a) the information is collected for a lawful purpose connected with a function or activity of the agency; and (b) the collection of the information is necessary for that purpose. Principle 2 Source of personal information (1) Where an agency collects personal information, the agency shall collect the information directly from the individual concerned. (2) It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,— (a) that the information is publicly available information; or (b) that the individual concerned authorises collection of the information from someone else; or (c) that non-compliance would not prejudice the interests of the individual concerned; or (d) that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law imposing a pecuniary penalty; or (iii) for the protection of the public revenue; or (iv) for the conduct of proceedings before any court or tribunal (e) that compliance would prejudice the purposes of the collection; or (f) that compliance is not reasonably practicable in the circumstances of the particular case; or (g) that the information— (i) will not be used in a form in which the individual concerned is identified; or (ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or (h) that the collection of the information is in accordance with an authority granted under section 54 Principle 3 Collection of information from subject (1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of— (a) the fact that the information is being collected; and (b) the purpose for which the information is being collected; and (c) the intended recipients of the information; and (d) the name and address of— (i) the agency that is collecting the information; and (ii) the agency that will hold the information; and (e) if the collection of the information is authorised or required by or under law,— (i) the particular law by or under which the collection of the information is so authorised or required; and (ii) whether or not the supply of the information by that individual is voluntary or mandatory; and (f) the consequences (if any) for that individual if all or any part of the requested information is not provided; and (g) the rights of access to, and correction of, personal information provided by these principles. (2) The steps referred to in subclause (1) shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected. (3) An agency is not required to take the steps referred to in subclause (1) in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from that individual, of the same information or information of the same kind, on a recent previous occasion. (4) It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,— (a) that non-compliance is authorised by the individual concerned; or (b) that non-compliance would not prejudice the interests of the individual concerned; or (c) that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law imposing a pecuniary penalty; or (iii) for the protection of the public revenue; or (iv) for the conduct of proceedings before any court or tribunal (d) that compliance would prejudice the purposes of the collection; or (e) that compliance is not reasonably practicable in the circumstances of the particular case; or (f) that the information— (i) will not be used in a form in which the individual concerned is identified; or (ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned. Principle 4 Manner of collection of personal information Personal information shall not be collected by an agency— (a) by unlawful means; or (b) by means that, in the circumstances of the case,— (i) are unfair; or (ii) intrude to an unreasonable extent upon the personal affairs of the individual concerned. Principle 5 Storage and security of personal information An agency that holds personal information shall ensure— (a) that the information is protected, by such security safeguards as it is reasonable in the circumstances to take, against— (i) loss; and (ii) access, use, modification, or disclosure, except with the authority of the agency that holds the information; and (iii) other misuse; and (b) that if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information. Principle 6 Access to personal information (1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled— (a) to obtain from the agency confirmation of whether or not the agency holds such personal information; and (b) to have access to that information. (2) Where, in accordance with subclause (1)(b), an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. (3) The application of this principle is subject to the provisions of Parts 4 5 Principle 7 Correction of personal information (1) Where an agency holds personal information, the individual concerned shall be entitled— (a) to request correction of the information; and (b) to request that there be attached to the information a statement of the correction sought but not made. (2) An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading. (3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought. (4) Where the agency has taken steps under subclause (2) or subclause (3), the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps. (5) Where an agency receives a request made pursuant to subclause (1), the agency shall inform the individual concerned of the action taken as a result of the request. Principle 8 Accuracy, etc, of personal information to be checked before use An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading. Principle 9 Agency not to keep personal information for longer than necessary An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used. Principle 10 Limits on use of personal information (1) An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless the agency believes, on reasonable grounds,— (a) that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information (b) that the use of the information for that other purpose is authorised by the individual concerned; or (c) that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law imposing a pecuniary penalty; or (iii) for the protection of the public revenue; or (iv) for the conduct of proceedings before any court or tribunal (d) that the use of the information for that other purpose is necessary to prevent or lessen a serious threat (as defined in section 2(1) (i) public health or public safety; or (ii) the life or health of the individual concerned or another individual; or (e) that the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or (f) that the information— (i) is used in a form in which the individual concerned is not identified; or (ii) is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or (g) that the use of the information is in accordance with an authority granted under section 54 (2) In addition to subclause (1), an intelligence and security agency that holds personal information that was obtained in connection with one purpose may use the information for any other purpose (a secondary purpose Principle 11 Limits on disclosure of personal information An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds,— (a) that the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or (b) that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information (c) that the disclosure is to the individual concerned; or (d) that the disclosure is authorised by the individual concerned; or (e) that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or (ii) for the enforcement of a law imposing a pecuniary penalty; or (iii) for the protection of the public revenue; or (iv) for the conduct of proceedings before any court or tribunal (f) that the disclosure of the information is necessary to prevent or lessen a serious threat (as defined in section 2(1) (i) public health or public safety; or (ii) the life or health of the individual concerned or another individual; or (fa) that the disclosure of the information is necessary to enable an intelligence and security agency to perform any of its functions; or (g) that the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or (h) that the information— (i) is to be used in a form in which the individual concerned is not identified; or (ii) is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or (i) that the disclosure of the information is in accordance with an authority granted under section 54 Principle 12 Unique identifiers (1) An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any 1 or more of its functions efficiently. (2) An agency shall not assign to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency, unless those 2 agencies are associated persons within the meaning of subpart YB (3) An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established. (4) An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or for a purpose that is directly related to one of those purposes. Section 6 principle 2(2)(d)(iv) amended 3 September 1996 Privacy Amendment Act 1996 Section 6 principle 3(4)(c)(iv) amended 3 September 1996 Privacy Amendment Act 1996 Section 6 principle 10(1)(a) amended 3 July 2015 section 40(1) Harmful Digital Communications Act 2015 Section 6 principle 10(1)(c)(iv) amended 3 September 1996 Privacy Amendment Act 1996 Section 6 principle 10(1)(d) amended 27 February 2013 section 5(1) Privacy Amendment Act 2013 Section 6 principle 10(2) inserted 28 September 2017 section 314(1) Intelligence and Security Act 2017 Section 6 principle 11(b) amended 3 July 2015 section 40(2) Harmful Digital Communications Act 2015 Section 6 principle 11(e)(iv) amended 3 September 1996 Privacy Amendment Act 1996 Section 6 principle 11(f) amended 27 February 2013 section 5(2) Privacy Amendment Act 2013 Section 6 principle 11(fa) inserted 28 September 2017 section 314(2) Intelligence and Security Act 2017 Section 6 principle 12(2) amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 6 principle 12(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 7: Savings 1: Nothing in principle 6 or principle 11 2: Nothing in principle 6 or principle 11 a: imposes a prohibition or restriction in relation to the availability of personal information; or b: regulates the manner in which personal information may be obtained or made available. 3: Nothing in principle 6 or principle 11 a: that is contained in any legislative instrument within the meaning of the Legislation Act 2012 i: in so far as those principles apply to a department, a Minister, an organisation, or a public sector agency (as defined in paragraph (b) of the definition of that term in section 2(1) ii: in so far as those principles apply to a local authority or a public sector agency (as so defined) that is established for the purposes of assisting or advising, or performing functions connected with, a local authority, immediately before 1 March 1988; and iii: in so far as those principles apply to any other agency, immediately before 1 July 1993; and b: that— i: imposes a prohibition or restriction in relation to the availability of personal information; or ii: regulates the manner in which personal information may be obtained or made available. 4: An action is not a breach of any of principles 1 to 5, 7 to 10, and 12 5: Nothing in principle 7 Statistics Act 1975 6: Subject to the provisions of Part 7 Section 7(3)(a) amended 5 August 2013 section 77(3) Legislation Act 2012 8: Application of information privacy principles 1: Subject to subsection (4), principles 1 to 4 2: Subject to section 9 principles 5 to 9 and principle 11 3: Principle 10 4: Nothing in principle 3 5: Subclauses (1) to (3) of principle 12 6: Subclause (4) of principle 12 9: Postponement of application of principle 11 to lists used for direct marketing 1: Nothing in principle 11 2: For the purposes of subsection (1), direct marketing a: the offering of goods or services; or b: the advertising of the availability of goods or services; or c: the solicitation of donations or contributions for charitable, cultural, philanthropic, recreational, political, or other purposes,— by means of— d: information or goods sent to any person by mail, facsimile transmission, electronic mail, or other similar means of communication, where the information or goods are addressed to a specific person or specific persons by name; or e: telephone calls made to specific persons by name. 10: Application of principles to information held overseas 1: For the purposes of principle 5 and principles 8 to 11 2: For the purposes of principles 6 and 7 3: Nothing in this section shall apply to render an agency in breach of any of the information privacy principles in respect of any action that the agency is required to take by or under the law of any place outside New Zealand. 11: Enforceability of principles 1: The entitlements conferred on an individual by subclause (1) of principle 6 2: Subject to subsection (1), the information privacy principles do not confer on any person any legal right that is enforceable in a court of law. 3: Privacy Commissioner 12: Privacy Commissioner 1: There shall be a Commissioner called the Privacy Commissioner. 2: The Commissioner is— a: a corporation sole; and b: a Crown entity for the purposes of section 7 c: the board for the purposes of the Crown Entities Act 2004 3: The Crown Entities Act 2004 4: 1991 No 126 s 4 Section 12(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 12(3) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 12(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 13: Functions of Commissioner 1: The functions of the Commissioner shall be— a: to promote, by education and publicity, an understanding and acceptance of the information privacy principles and of the objects of those principles: b: when requested to do so by an agency, to conduct an audit of personal information maintained by that agency for the purpose of ascertaining whether or not the information is maintained according to the information privacy principles: c: to monitor the use of unique identifiers, and to report to the Prime Minister from time to time on the results of that monitoring, including any recommendation relating to the need for, or desirability of taking, legislative, administrative, or other action to give protection, or better protection, to the privacy of the individual: d: to maintain, and to publish, in accordance with section 21 e: to monitor compliance with the public register privacy principles, to review those principles from time to time with particular regard to the Council of Europe Recommendations on Communication to Third Parties of Personal Data Held by Public Bodies (Recommendation R (91) 10), and to report to the responsible Minister from time to time on the need for or desirability of amending those principles: f: to examine any proposed legislation that makes provision for— i: the collection of personal information by any public sector agency; or ii: the disclosure of personal information by one public sector agency to any other public sector agency,— or both; to have particular regard, in the course of that examination, to the matters set out in section 98 g: for the purpose of promoting the protection of individual privacy, to undertake educational programmes on the Commissioner's own behalf or in co-operation with other persons or authorities acting on behalf of the Commissioner: h: to make public statements in relation to any matter affecting the privacy of the individual or of any class of individuals: i: to receive and invite representations from members of the public on any matter affecting the privacy of the individual: j: to consult and co-operate with other persons and bodies concerned with the privacy of the individual: k: to make suggestions to any person in relation to any matter that concerns the need for, or the desirability of, action by that person in the interests of the privacy of the individual: l: to provide advice (with or without a request) to a Minister or an agency on any matter relevant to the operation of this Act: m: to inquire generally into any matter, including any enactment or law, or any practice, or procedure, whether governmental or non-governmental, or any technical development, if it appears to the Commissioner that the privacy of the individual is being, or may be, infringed thereby: n: to undertake research into, and to monitor developments in, data processing and computer technology to ensure that any adverse effects of such developments on the privacy of individuals are minimised, and to report to the responsible Minister the results of such research and monitoring: o: to examine any proposed legislation (including subordinate legislation) or proposed policy of the Government that the Commissioner considers may affect the privacy of individuals, and to report to the responsible Minister the results of that examination: p: to report (with or without request) to the Prime Minister from time to time on any matter affecting the privacy of the individual, including the need for, or desirability of, taking legislative, administrative, or other action to give protection or better protection to the privacy of the individual: q: to report to the Prime Minister from time to time on the desirability of the acceptance, by New Zealand, of any international instrument relating to the privacy of the individual: r: to report to the Prime Minister on any other matter relating to privacy that, in the Commissioner's opinion, should be drawn to the Prime Minister's attention: s: to gather such information as in the Commissioner's opinion will assist the Commissioner in carrying out the Commissioner's functions under this Act: t: to do anything incidental or conducive to the performance of any of the preceding functions: u: to exercise and perform such other functions, powers, and duties as are conferred or imposed on the Commissioner by or under this Act or any other enactment. 1AA: Without limiting subsection (1), the functions of the Commissioner in relation to information sharing under Part 9A a: to make submissions on an information sharing agreement for which approval by Order in Council under section 96J b: to report to a relevant Minister, under section 96P(1) c: to publish a copy of a report referred to in paragraph (b) in accordance with section 96P(3) d: to receive and investigate complaints about any alleged interference with privacy under an approved information sharing agreement in accordance with Part 8 e: if appropriate under the circumstances, to exempt an agency, under section 96R section 96Q f: to conduct a review under section 96W g: to report to a relevant Minister under section 96X section 96W h: to require a public sector agency to report, in accordance with section 96S 1AB: In subsection (1AA), adverse action approved information sharing agreement information sharing agreement lead agency relevant Minister section 96C 1A: Except as expressly provided otherwise in this or another Act, the Commissioner must act independently in performing his or her statutory functions and duties, and exercising his or her statutory powers, under— a: this Act; and b: any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other than the Crown Entities Act 2004 2: The Commissioner may from time to time, in the public interest or in the interests of any person or body of persons, publish reports relating generally to the exercise of the Commissioner's functions under this Act or to any case or cases investigated by the Commissioner, whether or not the matters to be dealt with in any such report have been the subject of a report to the responsible Minister or the Prime Minister. 1991 No 126 s 5 Section 13(1AA) inserted 27 February 2013 section 6 Privacy Amendment Act 2013 Section 13(1AB) inserted 27 February 2013 section 6 Privacy Amendment Act 2013 Section 13(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 14: Commissioner to have regard to certain matters In the performance of his or her functions, and the exercise of his or her powers, under this Act, the Commissioner shall— a: have due regard for the protection of important human rights and social interests that compete with privacy, including the general desirability of a free flow of information and the recognition of the right of government and business to achieve their objectives in an efficient way; and b: take account of international obligations accepted by New Zealand, including those concerning the international technology of communications; and c: consider any developing general international guidelines relevant to the better protection of individual privacy; and d: have due regard to the information privacy principles and the public register privacy principles. 1991 No 126 s 7 15: Deputy Commissioner 1: The Governor-General may, on the recommendation of the Minister, appoint a deputy to the person appointed as Commissioner. 2: Part 2 section 46 3: Subject to the control of the Commissioner, the Deputy Commissioner shall have and may exercise all the powers, duties, and functions of the Commissioner under this Act or any other enactment 4: On the occurrence from any cause of a vacancy in the office of the Commissioner (whether by reason of death, resignation, or otherwise), and in the case of the absence from duty of the Commissioner (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Commissioner shall have and may exercise all the powers, duties, and functions of the Commissioner. 5: 6: Subject to this Act, the Deputy Commissioner shall be entitled to all the protections, privileges, and immunities of the Commissioner. Section 15(1) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 15(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 15(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 16: Term of office Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 17: Continuation in office after term expires Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004 18: Vacation of office Section 18 repealed 25 January 2005 section 200 Crown Entities Act 2004 19: Holding of other offices 1: In addition to the matters in section 30(2) 2: The appointment of a Judge as the Commissioner, or service by a Judge as the Commissioner, does not affect that person's tenure of his or her judicial office or his or her rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation), and, for all purposes, that person's service as the Commissioner shall be taken to be service as a Judge. 1991 No 126 ss 8, 10 Section 19(1) replaced 25 January 2005 section 200 Crown Entities Act 2004 20: Powers relating to declaratory judgments 1: If at any time it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908 2: In respect of any matter referred to the Proceedings Commissioner under subsection (1), the Proceedings Commissioner shall, notwithstanding anything to the contrary in the Declaratory Judgments Act 1908 Human Rights Commission Act 1977 1977 No 49 s 5A 1983 No 56 s 3 21: Directories of personal information 1: The Commissioner may from time to time, as the Commissioner thinks fit, cause to be published 1 or more publications that include all or any of the following information: a: the nature of any personal information held by any agency: b: the purpose for which any personal information is held by any agency: c: the classes of individuals about whom personal information is held by any agency: d: the period for which any type of personal information is held by any agency: e: the individuals who are entitled to have access to any personal information held by any agency, and the conditions under which they are entitled to have that access: f: the steps that should be taken by any individual wishing to obtain access to any personal information held by any agency. 2: The Commissioner may from time to time bring the material contained in any publication published pursuant to subsection (1) up to date, either by causing to be published a new edition of that publication or by causing to be published supplementary material. 3: In determining whether or not any publication should be published pursuant to this section, the Commissioner shall have regard, among other things, to the need to assist members of the public to obtain personal information and to effectively exercise their rights under this Act. 4: Nothing in this section requires the publication of any information for which good reason for withholding would exist under section 27 section 28 22: Commissioner may require agency to supply information For the purpose of— a: the publication of any directory or any supplementary material pursuant to section 21 b: enabling the Commissioner to respond to enquiries from the public seeking information of the kind referred to in any of paragraphs (a) to (f) of section 21(1) the Commissioner may, from time to time, require any agency to supply to the Commissioner such information as the Commissioner may reasonably require in relation to the personal information held by that agency, and the agency shall comply with that requirement. 23: Privacy officers 1: It shall be the responsibility of each agency to ensure that there are, within that agency, 1 or more individuals whose responsibilities include— a: the encouragement of compliance, by the agency, with the information privacy principles: b: dealing with requests made to the agency pursuant to this Act: c: working with the Commissioner in relation to investigations conducted pursuant to Part 8 d: otherwise ensuring compliance by the agency with the provisions of this Act. 2: In relation to the functions of a departmental agency, the responsibility under this section lies with the departmental agency. Section 23(2) inserted 7 August 2020 section 121 Public Service Act 2020 24: Annual report 1: Without limiting the right of the Commissioner to report at any other time, but subject to section 120 the annual report of the Commissioner under section 150 2: 1991 No 126 s 12 Section 24(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 24(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 25: Further provisions relating to Commissioner The provisions of Schedule 1 26: Review of operation of Act 1: As soon as practicable after the expiry of the period of 3 years beginning on the commencement of this section, and then at intervals of not more than 5 years, the Commissioner shall— a: review the operation of this Act since— i: the date of the commencement of this section (in the case of the first review carried out under this paragraph); or ii: the date of the last review carried out under this paragraph (in the case of every subsequent review); and b: consider whether any amendments to this Act are necessary or desirable; and c: report the Commissioner's findings to the responsible Minister. 2: As soon as practicable after receiving a report from the Commissioner under subsection (1)(c), the responsible Minister shall lay a copy of that report before the House of Representatives. 4: Good reasons for refusing access to personal information 27: Security, defence, international relations, etc 1: An agency may refuse to disclose any information requested pursuant to principle 6 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 individual. 2: An agency may refuse to disclose any information requested pursuant to principle 6 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. 1982 No 156 s 27(1)(a) 1987 No 8 s 4(2) 1987 No 174 s 26(1)(a) 28: Trade secrets 1: Subject to subsection (2), an agency may refuse to disclose any information requested pursuant to principle 6 a: would disclose a trade secret; or b: would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. 2: Information may not be withheld under subsection (1) if, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make the information available. 1982 No 156 s 27(1)(a) 1987 No 8 s 4(2) 1987 No 174 s 26(1)(a) 29: Other reasons for refusal of requests 1: An agency may refuse to disclose any information requested pursuant to principle 6 a: the disclosure of the information would involve the unwarranted disclosure of the affairs of another individual or of a deceased individual; or b: 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 c: after consultation undertaken (where practicable) by or on behalf of the agency with an individual's medical practitioner, the agency is satisfied that— i: the information relates to that individual; and ii: the disclosure of the information (being information that relates to the physical or mental health of the individual who requested it) would be likely to prejudice the physical or mental health of that individual; or d: in the case of an individual under the age of 16, the disclosure of that information would be contrary to that individual's interests; or e: the disclosure of that information (being information in respect of an individual 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 individual; or f: the disclosure of the information would breach legal professional privilege; or g: in the case of a request made to Radio New Zealand Limited or i: the information is subject to an obligation of confidence; or ii: the disclosure of the information would be likely to prejudice the supply of similar information, or information from the same source; or h: the disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was so placed; or i: the disclosure of the information would constitute contempt of court or of the House of Representatives; or ia: the request is made by a defendant or a defendant's agent 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; or j: the request is frivolous or vexatious, or the information requested is trivial. 2: An agency may refuse a request made pursuant to principle 6 a: the information requested is not readily retrievable; or b: the information requested does not exist or cannot be found; or c: the information requested is not held by the agency and the person dealing with the request has no grounds for believing that the information is either— i: held by another agency; or ii: connected more closely with the functions or activities of another agency. 3: For the purposes of subsection (1)(b), the term evaluative material a: for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the material relates— i: for employment or for appointment to office; or ii: for promotion in employment or office or for continuance 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 individual or property or to continue or renew the insurance of any individual or property. 4: In subsection (1)(c), medical practitioner section 114(1)(a) 1982 No 156 ss 18(c)(ii), (e), (g), (h) 27(1)(b)–(h), (2) 1987 No 8 s 15(1) 1987 No 174 ss 17(c)(ii), (e), (g), (h) 26(1)(b)–(h), (2) Section 29(1)(g) amended 5 July 1996 section 2 Radio New Zealand Act (No 2) 1995 Section 29(1)(ia) inserted 29 June 2009 section 39(1) Criminal Disclosure Act 2008 Section 29(4) inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 30: Refusal not permitted for any other reason Subject to sections 7 31 32 sections 27 to 29 principle 6 1982 No 156 s 27(1A) 1987 No 8 s 15(2) 1987 No 174 s 26(2) 31: Restriction where person sentenced to imprisonment Section 31 repealed 29 June 2009 section 39(2) Criminal Disclosure Act 2008 32: Information concerning existence of certain information Where a request made pursuant to principle 6 section 27 section 28 1982 No 156 s 10 1987 No 8 s 4(2) 1987 No 174 s 8 5: Procedural provisions relating to access to and correction of personal information 33: Application This Part applies to the following requests (in this Act referred to as information privacy requests): a: a request made pursuant to subclause (1)(a) of principle 6 b: a request made pursuant to subclause (1)(b) of principle 6 c: a request made pursuant to subclause (1) of principle 7 34: Individuals may make information privacy requests An information privacy request may be made only by an individual. Section 34 replaced 8 September 2010 section 5 Privacy (Cross-border Information) Amendment Act 2010 35: Charges 1: Subject to section 36 a: the provision of assistance in accordance with section 38 b: the making of the request to that agency; or c: the transfer of the request to any other agency; or d: the processing of the request, including deciding whether or not the request is to be granted and, if so, in what manner; or e: the making available of information in compliance, in whole or in part, with the request; or f: in the case of a request made pursuant to subclause (1) of principle 7 i: the correction of any information in compliance, in whole or in part, with the request; or ii: the attaching, to any information, of a statement of any correction sought but not made. 2: Subject to subsection (4), an agency that is not a public sector agency shall not require the payment, by or on behalf of any individual who wishes to make an information privacy request, of any charge in respect of— a: the provision of assistance in accordance with section 38 b: the making of the request to that agency; or c: the transfer of the request to any other agency; or d: the processing of the request, including deciding whether or not the request is to be granted and, if so, in what manner. 3: An agency that is not a public sector agency may require the payment, by or on behalf of any individual who wishes to make a request pursuant to subclause (1)(a) or subclause (1)(b) of principle 6 a: the making available of information in compliance, in whole or in part, with the request; or b: in the case of a request made pursuant to subclause (1) of principle 7 i: the correction of any information in compliance, in whole or in part, with the request; or ii: the attaching, to any information, of a statement of any correction sought but not made. 4: Where an agency that is not a public sector agency makes information available in compliance, in whole or in part, with an information privacy request, the agency may require the payment of a charge in respect of the provision of assistance, by that agency, in accordance with section 38 5: Any charge fixed by an agency pursuant to subsection (3) or subsection (4) or pursuant to an authority granted pursuant to section 36 6: The provisions of subsections (3) to (5), in so far as they relate to the fixing, by any agency that is not a public sector agency, of any charge in respect of any information privacy request, shall apply subject to any provisions to the contrary in any code of practice issued under section 46 1982 No 156 ss 15(1A), (2) 24(1) 1989 No 122 s 2 36: Commissioner may authorise public sector agency to charge 1: Where a public sector agency satisfies the Commissioner that the agency is commercially disadvantaged, in comparison with any competitor in the private sector, by reason that the agency is prevented, by subsection (1) of section 35 1A: The Commissioner may authorise a public sector agency to impose a charge in respect of the matter referred to in section 35(1)(e) a: is residing outside New Zealand; and b: is not a New Zealand citizen or a permanent resident of New Zealand. 2: The Commissioner may impose in respect of any authority granted pursuant to subsection (1) or (1A) 3: The Commissioner may, at any time, revoke any authority granted to an agency pursuant to subsection (1) or (1A) Section 36(1A) inserted 8 September 2010 section 6(1) Privacy (Cross-border Information) Amendment Act 2010 Section 36(2) amended 8 September 2010 section 6(2) Privacy (Cross-border Information) Amendment Act 2010 Section 36(3) amended 8 September 2010 section 6(3) Privacy (Cross-border Information) Amendment Act 2010 37: Urgency If an individual making an information privacy request asks that his or her request be treated as urgent, that individual shall give his or her reasons why the request should be treated as urgent. 1982 No 156 s 12(3) 1987 No 174 s 10(3) 38: Assistance It is the duty of every agency to give reasonable assistance to an individual, who— a: wishes to make an information privacy request; or b: in making such a request, has not made the request in accordance with the requirements of this Act; or c: has not made his or her request to the appropriate agency,— to make a request in a manner that is in accordance with the requirements of this Act or to direct his or her request to the appropriate agency. 1982 No 156 s 13 1987 No 174 s 11 39: Transfer of requests Where— a: an information privacy request is made to an agency or is transferred to an agency in accordance with this section; and b: the information to which the request relates— i: is not held by the agency but is believed by the person dealing with the request to be held by another agency; or ii: is believed by the person dealing with the request to be more closely connected with the functions or activities of another agency,— the agency to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other agency and inform the individual making the request accordingly. 1982 No 156 s 14 1987 No 174 ss 12 57(1) 40: Decisions on requests 1: Subject to this Act, the agency to which an information privacy request is made or transferred in accordance with this Act shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received by that agency,— a: decide whether the request is to be granted and, if it is to be granted, in what manner and, subject to sections 35 36 b: give or post to the individual who made the request notice of the decision on the request. 2: Where any charge is imposed, the agency may require the whole or part of the charge to be paid in advance. 3: Where an information privacy request is made or transferred to a department, the decision on that request shall be made by the chief executive of that department or an officer or employee of that department authorised by that chief executive, unless that request is transferred in accordance with section 39 4: Nothing in subsection (3) prevents the chief executive of a department or any officer or employee of a department from consulting a Minister or any other person in relation to the decision that the chief executive or officer or employee proposes to make on any information privacy request made or transferred to the department in accordance with this Act. 1982 No 156 s 15 1987 No 8 s 8(1) 1987 No 174 ss 13 57(1) 41: Extension of time limits 1: Where an information privacy request is made or transferred to an agency, the agency may extend the time limit set out in section 39 section 40(1) a: the request is for a large quantity of 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 agency; 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 individual 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 individual who made the request for the information has the right, under section 67 d: contain such other information as is necessary. 1982 No 156 s 15A 1987 No 8 s 9(1) 1987 No 174 s 14 42: Documents 1: Where the information in respect of which an information privacy request is made by any individual is comprised in a document, that information may be made available in 1 or more of the following ways: a: by giving the individual a reasonable opportunity to inspect the document; or b: by providing the individual 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 individual 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 individual 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. 2: Subject to section 43 a: impair efficient administration; or b: be contrary to any legal duty of the agency in respect of the document; or c: prejudice the interests protected by section 27 section 28 section 29 3: Where the information is not provided in the way preferred by the individual requesting it, the agency shall, subject to section 32 a: the reason for not providing the information in that way; and b: if that individual so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 27 section 28 section 29 1982 No 156 s 16 1987 No 8 s 4(2) 1987 No 174 s 15 43: Deletion of information from documents 1: Where the information in respect of which an information privacy request is made 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 agency shall, subject to section 32 a: the reason for withholding the information; and b: if the individual so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 27 section 28 section 29 1982 No 156 s 17 1987 No 8 s 4(2) 1987 No 174 s 16 44: Reason for refusal to be given Where an information privacy request made by an individual is refused, the agency shall,— a: subject to section 32 i: the reason for its refusal; and ii: if the individual so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 27 section 28 section 29 b: give to the individual information concerning the individual's right, by way of complaint under section 67 1982 No 156 s 19 1987 No 8 s 4(2) 1987 No 174 s 18 45: Precautions Where an information privacy request is made pursuant to subclause (1)(b) of principle 6 a: shall not give access to that information unless it is satisfied concerning the identity of the individual making the request; and b: shall ensure, by the adoption of appropriate procedures, that any information intended for an individual is received— i: only by that individual; or ii: where the request is made by an agent of the individual, only by that individual or his or her agent; and c: shall ensure that, where the request is made by an agent of the individual, the agent has the written authority of that individual to obtain the information or is otherwise properly authorised by that individual to obtain the information. 1982 No 156 s 25 1987 No 174 s 24 6: Codes of practice and exemptions from information privacy principles Codes of practice 46: Codes of practice 1: The Commissioner may from time to time issue a code of practice. 2: A code of practice may— a: modify the application of any 1 or more of the information privacy principles by— i: prescribing standards that are more stringent or less stringent than the standards that are prescribed by any such principle: ii: exempting any action from any such principle, either unconditionally or subject to such conditions as are prescribed in the code: aa: apply any 1 or more of the information privacy principles (but not all of those principles) without modification: b: prescribe how any 1 or more of the information privacy principles are to be applied, or are to be complied with. 3: A code of practice may apply in relation to any 1 or more of the following: a: any specified information or class or classes of information: b: any specified agency or class or classes of agencies: c: any specified activity or class or classes of activities: d: any specified industry, profession, or calling or class or classes of industries, professions, or callings. 4: A code of practice may also— a: impose, in relation to any agency that is not a public sector agency, controls in relation to the comparison (whether manually or by means of any electronic or other device) of personal information with other personal information for the purpose of producing or verifying information about an identifiable individual: b: in relation to charging under section 35 i: set guidelines to be followed by agencies in determining charges: ii: prescribe circumstances in which no charge may be imposed: c: prescribe procedures for dealing with complaints alleging a breach of the code, but no such provisions may limit or restrict any provision of Part 8 Part 9 d: provide for the review of the code by the Commissioner: e: provide for the expiry of the code. 5: A code of practice may not limit or restrict the circumstances in which an individual is entitled,— a: under subclause (1)(a) of principle 6 b: under subclause (1)(b) of principle 6 c: under principle 7 i: to request the correction of personal information held by a public sector agency; or ii: to request that there be attached to any such information a statement of any correction sought but not made. 6: Notwithstanding the definition of the term individual in section 2(1) a: for the purposes of the issuing under this section of any code of practice relating to health information (whether or not any such code also relates to any other information), principle 11 b: any code of practice so issued shall have effect under section 53 principle 11 7: For the purposes of subsection (6), the term health information section 22B Section 46(2)(aa) inserted 1 July 1994 Privacy Amendment Act 1994 47: Proposal for issuing of code of practice 1: Subject to section 48 section 46 2: Without limiting subsection (1), but subject to subsection (3), any person may apply to the Commissioner for the issue of a code of practice in the form submitted by the applicant. 3: An application may be made pursuant to subsection (2) only— a: by a body the purpose of which, or one of the purposes of which, is to represent the interests of any class or classes of agency, or of any industry, profession, or calling; and b: where the code of practice sought by the applicant is intended to apply in respect of the class or classes of agency, or the industry, profession, or calling, that the applicant represents, or any activity of any such class or classes of agency or of any such industry, profession, or calling. 4: Where an application is made to the Commissioner pursuant to subsection (2), the Commissioner shall give public notice that the application has been received by the Commissioner, which notice shall contain a statement that— a: the details of the code of practice sought by the applicant, including a draft of the proposed code, may be obtained from the Commissioner; and b: submissions on the proposed code may be made in writing to the Commissioner within such period as is specified in the notice. 5: For the purposes of section 48 48: Notification of intention to issue code 1: Subject to section 52 section 46 a: the Commissioner has given public notice of the Commissioner's intention to issue the code, which notice shall contain a statement that— i: the details of the proposed code, including a draft of the proposed code, may be obtained from the Commissioner; and ii: submissions on the proposed code may be made in writing to the Commissioner within such period as is specified in the notice; and b: the Commissioner has done everything reasonably possible on his or her part to advise all persons who will be affected by the proposed code, or representatives of those persons, of the proposed terms of the code, and of the reasons for it, has given such persons or their representatives a reasonable opportunity to consider the proposed code and to make submissions on it to the Commissioner, and has considered any such submissions. 2: The fact that the Commissioner has published in the Gazette section 49(1) 3: Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising the proposal to issue a code or of consulting with interested parties in relation to such a proposal. 49: Notification, availability, and commencement of code 1: Where a code of practice is issued under section 46 a: the Commissioner shall ensure that there is published in the Gazette i: indicating that the code has been issued; and ii: showing a place at which copies of the code are available for inspection free of charge and for purchase; and b: the Commissioner shall ensure that so long as the code remains in force, copies of the code are available— i: for inspection by members of the public free of charge; and ii: for purchase by members of the public at a reasonable price. 2: Every code of practice issued under section 46 Gazette 50: Application of Legislation Act 2012 to codes All codes of practice issued under section 46 Legislation Act 2012 section 41 Section 50 replaced 5 August 2013 section 77(3) Legislation Act 2012 51: Amendment and revocation of codes 1: The Commissioner may from time to time issue an amendment or revocation of a code of practice issued under section 46 2: The provisions of sections 47 50 52: Urgent issue of code 1: If the Commissioner considers that it is necessary to issue a code of practice under section 46 section 48 2: Every code of practice, and every amendment or revocation of a code of practice, issued in accordance with this section shall be identified as a temporary code or amendment or revocation, and shall remain in force for such period (not exceeding 1 year after the date of its issue) as is specified for that purpose in the code or, as the case may be, the amendment or the revocation. 3: Nothing in section 49(2) 53: Effect of code Where a code of practice issued under section 46 a: the doing of any action that would otherwise be a breach of an information privacy principle shall, for the purposes of Part 8 b: failure to comply with the code, even though that failure is not otherwise a breach of any information privacy principle, shall, for the purposes of Part 8 Specific exemptions 54: Commissioner may authorise collection, use, or disclosure of personal information 1: The Commissioner may authorise an agency to collect, use, or disclose personal information, even though that collection, use, or disclosure would otherwise be in breach of principle 2 or principle 10 or principle 11 a: the public interest in that collection or, as the case requires, that use or that disclosure outweighs, to a substantial degree, any interference with the privacy of the individual that could result from that collection or, as the case requires, that use or that disclosure; or b: that collection or, as the case requires, that use or that disclosure involves a clear benefit to the individual concerned that outweighs any interference with the privacy of the individual that could result from that collection or, as the case requires, that use or that disclosure. 2: The Commissioner may impose in respect of any authority granted under subsection (1) such conditions as the Commissioner thinks fit. 3: The Commissioner shall not grant an authority under subsection (1) in respect of the collection, use, or disclosure of any personal information for any purpose if the individual concerned has refused to authorise the collection or, as the case requires, the use or disclosure of the information for that purpose. 55: Certain personal information excluded Nothing in principle 6 or principle 7 a: personal information in the course of transmission by post, telegram, cable, telex, facsimile transmission, electronic mail, or other similar means of communication; or b: evidence given or submissions made to— i: a Royal Commission; or ii: a commission of inquiry appointed by Order in Council under the Commissions of Inquiry Act 1908 iii: an inquiry to which section 6 at any time before the report of the Royal Commission, commission of inquiry, or inquiry, as the case may be, has been published or, in the case of evidence given or submissions made in the course of a public hearing, at any time before the report has been presented to the Governor-General or appointing Minister, as the case may be; or c: evidence given or submissions made to 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 d: information contained in any correspondence or communication that has taken place between the office of the Ombudsmen and any agency and that relates to any investigation conducted by an Ombudsman under the Ombudsmen Act 1975 Official Information Act 1982 Local Government Official Information and Meetings Act 1987 e: information contained in any correspondence or communication that has taken place between the office of the Commissioner and any agency and that relates to any investigation conducted by the Commissioner under this Act, other than information that came into existence before the commencement of that investigation. Section 55(b) replaced 27 August 2013 section 39 Inquiries Act 2013 56: Personal information relating to domestic affairs 1: Nothing in the information privacy principles applies in respect of— a: the collection of personal information by an agency that is an individual; or b: personal information that is held by an agency that is an individual,— where that personal information is collected or held by that individual solely or principally for the purposes of, or in connection with, that individual's personal, family, or household affairs. 2: The exemption in subsection (1) ceases to apply once the personal information concerned is collected, disclosed, or used, if that collection, disclosure, or use would be highly offensive to an ordinary reasonable person. Data Protection Act 1984 s 33(1) (UK) Section 56(2) inserted 3 July 2015 section 41 Harmful Digital Communications Act 2015 57: Exemption for intelligence and security agencies Information privacy principles 2, 3, and 4(b) Section 57 replaced 28 September 2017 section 315 Intelligence and Security Act 2017 7: Public register personal information 58: Interpretation In this Part, unless the context otherwise requires,— public register a: any register, roll, list, or other document maintained pursuant to a public register provision: b: a document specified in Part 2 public register privacy principle section 59 public register provision second column of Part 1 59: Public register privacy principles The public register privacy principles are as follows: Public register privacy principles Principle 1 Search references Personal information shall be made available from a public register only by search references that are consistent with the manner in which the register is indexed or organised. Principle 2 Use of information from public registers Personal information obtained from a public register shall not be re-sorted, or combined with personal information obtained from any other public register, for the purpose of making available for valuable consideration personal information assembled in a form in which that personal information could not be obtained directly from the register. Principle 3 Electronic transmission of personal information from register Personal information in a public register shall not be made available by means of electronic transmission, unless the purpose of the transmission is to make the information available to a member of the public who wishes to search the register. Principle 4 Charging for access to public register Personal information shall be made available from a public register for no charge or for no more than a reasonable charge. 60: Application of information privacy principles and public register privacy principles to public registers 1: Subject to subsection (3), the agency responsible for administering any public register shall, in administering that register, comply, so far as is reasonably practicable, with the information privacy principles and the public register privacy principles. 2: Every person shall, so far as is reasonably practicable, comply with principle 2 3: Where any information privacy principle or any public register privacy principle is inconsistent with any provision of any enactment, then, for the purposes of this Part, that enactment shall, to the extent of the inconsistency, prevail. 61: Complaints relating to compliance with principles 1: The Commissioner may, on complaint made to the Commissioner by any person or on the Commissioner's own initiative, inquire into any public register provision if it appears to the Commissioner that the provision is inconsistent with any of the information privacy principles or any of the public register privacy principles. 2: On completing any inquiry conducted pursuant to subsection (1), the Commissioner shall report the Commissioner's findings to the Minister responsible for the administration of the enactment that was the subject of the inquiry, and any such report may include recommendations on the need for, or desirability of, taking any legislative, administrative, or other action to ensure adherence or greater adherence to the information privacy principles or the public register privacy principles, or both. 3: The Commissioner may, on complaint made to the Commissioner by any person or on the Commissioner's own initiative, investigate— a: the actions of any agency that is responsible for administering any public register if it appears that the agency is not, in the administration of that register, complying with the information privacy principles, or the public register privacy principles, or both: b: the actions of any person if it appears that the person is not complying with principle 2 4: On completing any inquiry conducted pursuant to subsection (3), the Commissioner shall report the Commissioner's findings to the chief administrative officer of the agency whose actions were the subject of the inquiry (or the person whose actions were the subject of the inquiry, in the case of an inquiry to which paragraph (b) of that subsection applies), and any such report may include recommendations on the need for, or desirability of, taking any administrative or other action to ensure adherence or greater adherence to the information privacy principles or the public register privacy principles, or both. 5: Sections 68 70 71 73 75 80 Part 9 62: Enforceability of principles The public register privacy principles do not confer on any person any legal right that is enforceable in a court of law. 63: Codes of practice in relation to public registers 1: The Commissioner may from time to time issue, in relation to any public register, a code of practice. 2: A code of practice issued under this section may— a: modify the application, in relation to a public register, of any 1 or more of the public register privacy principles, or any 1 or more of the information privacy principles, or both, by— i: prescribing standards that are more stringent or less stringent than the standards that are prescribed by any such principle: ii: exempting any action from any such principle, either unconditionally or subject to such conditions as are prescribed in the code: b: prescribe how any 1 or more of the public register privacy principles, or any 1 or more of the information privacy principles, or both, are to be applied, or are to be complied with: c: impose requirements that are not prescribed by any public register privacy principle. 3: A code of practice issued under this section may also contain provisions— a: providing for the review of the code by the Commissioner: b: providing for the expiry of the code. 4: To the extent that any code of practice issued under this section is inconsistent with any provision of any enactment, the code shall, to the extent of the inconsistency, be of no effect. 5: Sections 47 to 52 64: Effect of code Where a code of practice issued under section 63 a: the doing of any action that would otherwise be a breach of a public register privacy principle or an information privacy principle shall, for the purposes of this Part, be deemed not to be a breach of that principle if the action is done in compliance with the code: b: failure to comply with the code, even though that failure is not otherwise a breach of any public register privacy principle, shall, for the purposes of this Part, be deemed to be a breach of a public register privacy principle. 65: Power to amend Schedule 2 by Order in Council 1: The Governor-General may from time to time, by Order in Council made on the advice of the responsible Minister given after consultation with the Commissioner, amend Schedule 2 2: An Order in Council made under this section may add an item to Part 2 8: Complaints Interpretation 66: Interference with privacy 1: For the purposes of this Part, an action is an interference with the privacy of an individual if, and only if,— a: in relation to that individual,— i: the action breaches an information privacy principle; or ii: the action breaches a code of practice issued under section 63 iia: the action breaches an information privacy principle or a code of practice as modified by an Order in Council made under section 96J iib: the provisions of an information sharing agreement approved by an Order in Council made under section 96J iii: the provisions of Part 10 b: in the opinion of the Commissioner or, as the case may be, the Tribunal, the action— i: has caused, or may cause, loss, detriment, damage, or injury to that individual; or ii: has adversely affected, or may adversely affect, the rights, benefits, privileges, obligations, or interests of that individual; or iii: has resulted in, or may result in, significant humiliation, significant loss of dignity, or significant injury to the feelings of that individual. 2: Without limiting subsection (1), an action is an interference with the privacy of an individual if, in relation to an information privacy request made by the individual,— a: the action consists of a decision made under Part 4 Part 5 i: a refusal to make information available in response to the request; or ii: a decision by which an agency decides, in accordance with section 42 section 43 section 40 iii: a decision by which an agency imposes conditions on the use, communication, or publication of information made available pursuant to the request; or iv: a decision by which an agency gives a notice under section 32 v: a decision by which an agency extends any time limit under section 41 vi: a refusal to correct personal information; and b: the Commissioner or, as the case may be, the Tribunal is of the opinion that there is no proper basis for that decision. 3: If, in relation to any information privacy request, any agency fails within the time limit fixed by section 40(1) 4: Undue delay in making information available in response to an information privacy request for that information shall be deemed, for the purposes of subsection (2)(a)(i), to be a refusal to make that information available. 1982 No 156 s 28(1), (2), (4), (5) 1987 No 8 s 16(1) 1987 No 174 s 27(1), (2), (4), (5) Section 66(1)(a)(iia) inserted 27 February 2013 section 7 Privacy Amendment Act 2013 Section 66(1)(a)(iib) inserted 27 February 2013 section 7 Privacy Amendment Act 2013 Complaints 67: Complaints 1: Any person may make a complaint to the Commissioner alleging that any action is or appears to be an interference with the privacy of an individual. 2: A complaint under this Part may be lodged with the Commissioner or an Ombudsman. 3: On receiving a complaint under this Part, an Ombudsman shall forward the complaint to the Commissioner as soon as practicable. 68: Mode of complaint 1: A complaint to the Commissioner may be made either orally or in writing. 2: A complaint made orally shall be put in writing as soon as practicable. 3: The Commissioner shall give such reasonable assistance as is necessary in the circumstances to enable an individual, who wishes to make a complaint to the Commissioner, to put the complaint in writing. Investigations by Commissioner 69: Investigation of interference with privacy of individual 1: The functions of the Commissioner under this Part shall be— a: to investigate any action that is or appears to be an interference with the privacy of an individual: b: to act as conciliator in relation to any such action: c: to take such further action as is contemplated by this Part. 2: The Commissioner may commence an investigation under subsection (1)(a) either on complaint made to the Commissioner or on the Commissioner's own initiative. 1977 No 49 s 34 70: Action on receipt of complaint 1: On receiving a complaint under this Part, the Commissioner may— a: investigate the complaint; or b: decide, in accordance with section 71 2: The Commissioner shall, as soon as practicable, advise the complainant and the person to whom the complaint relates of the procedure that the Commissioner proposes to adopt under subsection (1). 71: Commissioner may decide to take no action on complaint 1: The Commissioner may in his or her discretion decide to take no action or, as the case may require, no further action, on any complaint if, in the Commissioner's opinion,— a: the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or b: the subject matter of the complaint is trivial; or c: the complaint is frivolous or vexatious or is not made in good faith; or d: the individual alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or e: the complainant does not have a sufficient personal interest in the subject matter of the complaint; or f: where— i: the complaint relates to a matter in respect of which a code of practice issued under section 46 ii: the code of practice makes provision for a complaints procedure,— the complainant has failed to pursue, or to pursue fully, an avenue of redress available under that complaints procedure that it would be reasonable for the complainant to pursue; or g: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the individual alleged to be aggrieved to exercise. 2: Notwithstanding anything in subsection (1), the Commissioner may in his or her discretion decide not to take any further action on a complaint if, in the course of the investigation of the complaint, it appears to the Commissioner that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. 3: In any case where the Commissioner decides to take no action, or no further action, on a complaint, the Commissioner shall inform the complainant of that decision and the reasons for it. 1975 No 9 s 17 1977 No 49 s 35 1981 No 127 s 3 72: Referral of complaint to Ombudsman 1: Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an Ombudsman under the Ombudsmen Act 1975 Official Information Act 1982 Local Government Official Information and Meetings Act 1987 2: As soon as practicable after consulting with the Chief Ombudsman under subsection (1), the Commissioner shall determine whether the complaint should be dealt with, in whole or in part, under this Act. 3: If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Ombudsmen Act 1975 Official Information Act 1982 Local Government Official Information and Meetings Act 1987 72A: Referral of complaint to Health and Disability Commissioner 1: Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994 2: As soon as practicable after consulting with the Health and Disability Commissioner under subsection (1), the Commissioner shall determine whether or not the complaint should be dealt with, in whole or in part, under this Act. 3: If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994 Section 72A inserted 1 July 1996 section 81(1) Health and Disability Commissioner Act 1994 72B: Referral of complaint to Inspector-General of Intelligence and Security 1: Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Inspector-General of Intelligence and Security under subpart 1 2: As soon as practicable after consulting with the Inspector-General of Intelligence and Security under subsection (1), the Commissioner shall determine whether or not the complaint should be dealt with, in whole or in part, under this Act. 3: If the Commissioner determines that the complaint should be dealt with, in whole or in part, under subpart 1 Section 72B inserted 2 July 1996 section 32 Inspector-General of Intelligence and Security Act 1996 Section 72B(1) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 72B(3) amended 28 September 2017 section 335 Intelligence and Security Act 2017 72C: Referral of complaint to overseas privacy enforcement authority 1: Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an overseas privacy enforcement authority, the Commissioner may consult with that authority in order to determine the appropriate means of dealing with the complaint. 2: As soon as practicable after consulting with the overseas privacy enforcement authority under subsection (1), the Commissioner must determine whether the complaint should be dealt with, in whole or in part, under this Act. 3: If the Commissioner determines that the complaint should be dealt with, in whole or in part, by the overseas privacy enforcement authority, and both the authority and the complainant agree, the Commissioner may refer the complaint or, as the case requires, the appropriate part of the complaint, to the authority to be dealt with. 4: In this section, overseas privacy enforcement authority authority Section 72C inserted 8 September 2010 section 7 Privacy (Cross-border Information) Amendment Act 2010 Proceedings of Commissioner 73: Proceedings of Commissioner Before proceeding to investigate any matter under this Part, the Commissioner— a: shall inform the complainant (if any), the person to whom the investigation relates, and any individual alleged to be aggrieved (if not the complainant), of the Commissioner's intention to make the investigation; and b: shall inform the person to whom the investigation relates of— i: the details of the complaint (if any) or, as the case may be, the subject matter of the investigation; and ii: the right of that person to submit to the Commissioner, within a reasonable time, a written response in relation to the complaint or, as the case may be, the subject matter of the investigation. 1975 No 9 s 18(1) 1977 No 49 s 72(1) 74: Settlement of complaints Where it appears from a complaint, or any written response made in relation to a complaint under section 73(b)(ii) 75: Parties to be informed of result of investigation Where any investigation is made following a complaint, the Commissioner shall conduct the investigation with due expedition and shall inform the parties concerned, as soon as reasonably practicable after the conclusion of the investigation and in such manner as the Commissioner thinks proper, of the result of the investigation and of what further action (if any) the Commissioner proposes to take in respect of that complaint. 1977 No 49 s 36 76: Compulsory conferences 1: The Commissioner may call a conference of the parties to a complaint by— a: posting to each of them a notice requesting their attendance at a time and place specified; or b: such other means as is agreed to by the parties concerned. 2: The objectives of the conference shall be— a: to identify the matters in issue between the parties; and b: to try to obtain agreement between the parties on the resolution of those matters. 3: Where a person fails to comply with a request under subsection (1) to attend a conference, the Commissioner may issue a summons requiring the person to attend a conference at a time and place to be specified in the summons. 4: Section 159 1988 No 4 ss 67 71 Section 76(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 77: Procedure after investigation 1: Where the Commissioner, after making any investigation under this Part, is of the opinion,— a: in the case of a complaint, that the complaint has substance, the Commissioner shall use his or her best endeavours to secure a settlement between any parties concerned and, if the Commissioner considers it appropriate, a satisfactory assurance against the repetition of any action that was the subject matter of the investigation or the doing of further actions of a similar kind by the person concerned; or b: in any other case, that the matter ought to be proceeded with, the Commissioner shall use his or her best endeavours to secure such an assurance as is referred to in paragraph (a). 2: If,— a: in the circumstances referred to in section 74 b: in the circumstances referred to in paragraph (a) or paragraph (b) of subsection (1), the Commissioner is unable to secure such a settlement and assurance or, as the case may be, such an assurance as is referred to in either of those paragraphs; or c: in any case to which section 74 the Commissioner may refer the matter to the Director of Human Rights Proceedings section 82 3: Where a matter is referred to the Director of Human Rights Proceedings section 82(3) Director of Human Rights Proceedings 1977 No 49 s 37 1983 No 56 s 11 Section 77(2) amended 22 October 2003 section 3 Privacy Amendment Act 2003 Section 77(3) amended 22 October 2003 section 3 Privacy Amendment Act 2003 78: Procedure in relation to charging 1: Notwithstanding anything in section 77 2: A determination of the Commissioner under subsection (1) shall be final and binding on the person who made the request and on the agency concerned, and, notwithstanding anything in section 82 section 83 79: Breaches of certain principles occurring before 1 July 1996 1: This section applies to any interference with the privacy of an individual involving a breach of any of principles 1, 2, 3, 4, 8, 9, 10, and 11 2: Notwithstanding anything in this Part, but subject to subsection (3), where— a: any complaint is made under this Part; or b: any investigation is commenced under this Part,— then, in so far as the complaint or investigation relates to an interference with the privacy of an individual (being an interference to which this section applies), the following provisions shall apply: c: nothing in section 77(2) sections 82 to 89 d: the Commissioner may make such recommendations as the Commissioner thinks fit to the agency against which the complaint was made or, as the case requires, in respect of which the investigation was conducted, including (without limitation) a recommendation that the agency develop a code of practice in relation to all or any of its activities: e: where the Commissioner makes a recommendation to an agency pursuant to paragraph (d), the Commissioner may request the agency to notify the Commissioner, within a specified time, of the steps (if any) that the agency proposes to take to give effect to the Commissioner's recommendation. 3: Nothing in this section applies in relation to any interference with the privacy of an individual involving a breach of any information privacy principle, where the action that breaches the principle constitutes a failure to comply with a code of practice issued under section 46 80: Commissioner to report breach of duty or misconduct If, during or after any investigation, the Commissioner is of the opinion that there is evidence of any significant breach of duty or misconduct on the part of any agency or any officer or employee or member of an agency, the Commissioner shall refer the matter to the appropriate authority. 1975 No 9 s 18(6) 1982 No 89 s 2 Special procedure relating to intelligence and security agencies Heading replaced 3 September 1996 Privacy Amendment Act 1996 Heading amended 28 September 2017 section 316 Intelligence and Security Act 2017 81: Special procedure relating to intelligence and security agencies 1: Nothing in sections 76 77 82 to 89 a: any complaint made under this Part in relation to an action of an intelligence and security agency; or b: any investigation conducted under this Part in relation to an action of an intelligence and security agency. 2: If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and security agency a report setting out— a: his or her opinion; and b: the reasons for that opinion. 3: A report provided under subsection (2) may include any recommendations the Commissioner considers appropriate. 4: When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify him or her within a specified time of any steps the agency proposes to take in response to the report and to any recommendations included in the report. 5: If, within a reasonable time after any report is made, no steps are taken by the intelligence and security agency in response to the report that seem to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister. 6: As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Representatives. Section 81 replaced 28 September 2017 section 317 Intelligence and Security Act 2017 Proceedings before Human Rights Review Tribunal Heading amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 82: Proceedings before Human Rights 1: This section applies to any person— a: in respect of whom an investigation has been conducted under this Part in relation to any action alleged to be an interference with the privacy of an individual; or b: in respect of whom a complaint has been made in relation to any such action, where conciliation under section 74 2: Subject to subsection (3), civil proceedings before the Human Rights Director of Human Rights Proceedings 3: The Director of Human Rights Proceedings Director of Human Rights Proceedings 4: The Director of Human Rights Proceedings section 85 Director of Human Rights Proceedings 5: Where proceedings are commenced by the Director of Human Rights Proceedings 1977 No 49 s 38(1)–(3) 1983 No 56 s 12(1) Section 82 heading amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 82(2) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 82(3) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 82(4) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 82(5) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 83: Aggrieved individual may bring proceedings before Human Rights Notwithstanding section 82(2) Human Rights section 82 a: the Commissioner or the Director of Human Rights Proceedings b: in a case where the Director of Human Rights Proceedings Director of Human Rights Proceedings i: agrees to the aggrieved individual bringing proceedings; or ii: declines to take proceedings. 1977 No 49 s 38(4) 1983 No 56 s 12(2) Section 83 heading amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 83 amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 83(a) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 83(b) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 84: Remedies that may be sought In any proceedings before the Human Rights Review Tribunal, the Director of Human Rights Proceedings section 85 1977 No 49 s 38(5) 1983 No 56 s 12(3) Section 84 amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 85: Powers of Human Rights 1: If, in any proceedings under section 82 section 83 a: a declaration that the action of the defendant is an interference with the privacy of an individual: b: an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: c: damages in accordance with section 88 d: an order that the defendant perform any acts specified in the order with a view to remedying the interference, or redressing any loss or damage suffered by the aggrieved individual as a result of the interference, or both: e: such other relief as the Tribunal thinks fit. 2: In any proceedings under section 82 section 83 3: Where the Director of Human Rights Proceedings 4: It shall not be a defence to proceedings under section 82 section 83 1977 No 49 s 38(6)–(8) 1983 No 56 s 12(4) Section 85 heading amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 85(3) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 86: Right of Director of Human Rights Proceedings 1: Whether or not the Director of Human Rights Proceedings is or was a party to the proceedings before the Human Rights Review Tribunal, the Director may appear and be heard, in person or by counsel,— a: in any proceedings under this Part before the Human Rights Review Tribunal; and b: in relation to any proceedings that are or have been before the Human Rights Review Tribunal under this Part, in any proceedings in the District Court 2: Where, pursuant to subsection (1), the Director of Human Rights Proceedings a: to call evidence on any matter (including evidence in rebuttal) that should be taken into account in the proceedings: b: to examine, cross-examine, and re-examine witnesses,— but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of witnesses. 3: Where, pursuant to subsection (1), the Director of Human Rights Proceedings a: as to the payment by any party to the proceedings before the Tribunal or the court of the costs incurred by the Director of Human Rights Proceedings b: as to the payment by the Director of Human Rights Proceedings Director of Human Rights Proceedings 4: Costs ordered to be paid by the Director of Human Rights Proceedings 5: The Privacy Commissioner may appear and be heard in any proceedings in which the Director of Human Rights Proceedings 6: Nothing in this section limits or affects— a: section 85(2) b: any power of a court to award costs in any proceedings to which the Director of Human Rights Proceedings 1977 No 49 s 38A 1983 No 56 s 13 Section 86 heading amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(1) replaced 1 January 2004 section 48(1) Supreme Court Act 2003 Section 86(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 86(2) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(3) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(3)(a) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(3)(b) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(4) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(5) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 86(6)(b) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 87: Proof of exceptions Where, by any provision of the information privacy principles or of this Act or of a code of practice issued under section 46 section 63 1977 No 49 s 39 88: Damages 1: In any proceedings under section 82 section 83 a: pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved individual for the purpose of, the transaction or activity out of which the interference arose: b: loss of any benefit, whether or not of a monetary kind, which the aggrieved individual might reasonably have been expected to obtain but for the interference: c: humiliation, loss of dignity, and injury to the feelings of the aggrieved individual. 1A: Subsection (1) applies subject to subpart 1 2: Damages recovered by the Director of Human Rights Proceedings a minor who is not married or in a civil union lacks the capacity to manage his or her own financial affairs Director of Human Rights Proceedings Public Trust 3: Where money is paid to Public Trust a: sections 103 to 110 a minor who is not married or in a civil union b: Part 9A lacks the capacity to manage his or her own financial affairs 1977 No 49 s 40 1983 No 56 s 14 1992 No 16 s 15(1) Section 88(1A) inserted 4 June 2005 Prisoners’ and Victims’ Claims Act 2005 Section 88(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 88(2) amended 22 October 2003 section 4 Privacy Amendment Act 2003 Section 88(2) amended 19 December 2002 section 3(1) Privacy Amendment Act 2002 Section 88(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 88(2) amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 Section 88(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 88(3)(a) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 88(3)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 88(3)(b) amended 19 December 2002 section 3(2) Privacy Amendment Act 2002 Section 88(3)(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 89: Certain provisions of Human Rights Act 1993 to apply Sections 92Q to 92W Part 4 section 82 section 83 section 92B section 92E section 92H Section 89 replaced 1 February 1994 section 145 Human Rights Act 1993 Section 89 amended 1 January 2002 section 71(1) Human Rights Amendment Act 2001 9: Proceedings of Commissioner 90: Procedure 1: Every investigation under Part 8 2: Subject to section 120 a: the Commissioner may hear or obtain information from such persons as the Commissioner thinks fit: b: the Commissioner may make such inquiries as the Commissioner thinks fit: c: it shall not be necessary for the Commissioner to hold any hearing: d: subject to section 73(b) 3: Subject to the provisions of this Act, the Commissioner may regulate his or her procedure in such manner as he or she thinks fit. 1977 No 49 s 72 91: Evidence 1: The Commissioner may summon before him or her and examine on oath any person who in the Commissioner's opinion is able to give information relevant to an investigation being conducted by the Commissioner under Part 8 section 13(1)(m) 2: The Commissioner may administer an oath to any person summoned pursuant to subsection (1). 3: Every examination by the Commissioner under subsection (1) shall be deemed to be a judicial proceeding within the meaning of section 108 4: The Commissioner may from time to time, by notice in writing, require any person who in the Commissioner's opinion is able to give information relevant to an investigation being conducted by the Commissioner under Part 8 section 13(1)(m) 5: Where the attendance of any person is required by the Commissioner under this section, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,— a: the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 b: the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations. 1977 No 49 s 73(1), (2), (7) 1991 No 126 ss 24, 26(5) Section 91(5)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 92: Compliance with requirements of Commissioner 1: This section applies in every case where, during the course of an investigation under Part 8 section 91 2: In any case to which this section applies, the agency to which the requirement is made shall, subject to section 93 3: If any agency (being a department or a Minister or an organisation) fails, within the time limit fixed by subsection (2) (or, where that time limit has been extended under section 93 1982 No 156 s 29A(1), (6) 1987 No 8 s 17(3) 1987 No 174 s 29(1) 1991 No 126 s 25(1), (6) 93: Extension of time limit 1: Where any requirement to which section 92 a: the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or things, and meeting the original time limit would unreasonably interfere with the operations of the agency; 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. 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 Commissioner within 20 working days after the day on which the requirement 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: contain such other information as is necessary. 1982 No 156 s 29A(2)–(5) 1987 No 8 s 17(3) 1987 No 174 s 29(2)–(5) 1991 No 126 s 25(2)–(4) 94: Protection and privileges of witnesses, etc 1: Except as provided in section 119 1A: Nothing in subsection (1) prevents the Commissioner or any employee of the Commissioner from— a: requiring, under section 91 Part 8 b: considering the information or inspecting any such document or thing— for the purpose of determining whether the information, document, or thing would be properly withheld, but not so as to give the Commissioner or employee any information, or enable the Commissioner or employee to make any use of the information, document, or thing, that he or she would not, apart from this subsection, be entitled to. 1B: On the production of any information, document, or thing pursuant to subsection (1A), the Commissioner or any employee of the Commissioner— a: must not, without the consent of the producer of the information, document, or thing, and of any person who is the subject of the information, document, or thing, release the information, document, or thing, or any information derived from the document or thing, to any person other than— i: the producer of the information, document, or thing; or ii: any barrister or solicitor engaged by the Commissioner for the purpose of providing legal advice as to whether the information, document, or thing would be properly withheld by that producer under subsection (1); or iii: where the Commissioner gives his or her opinion on the claim of privilege to the Director of Human Rights Proceedings Director of Human Rights Proceedings b: may give his or her opinion only to the parties to the complaint or to the Director of Human Rights Proceedings Human Rights Review Tribunal provided that nothing in this paragraph prevents the Commissioner or any employee of the Commissioner from releasing, either generally or to any particular person, the opinion in a form that does not identify either the producer of the information, document, or thing or any person who is the subject of the information, document, or thing: c: must not take into account the information or any information in the document or thing in forming any opinion concerning the release of any other information. 2: No person shall be liable to prosecution for an offence against any enactment, other than section 127 section 91 1975 No 9 s 19(5), (7) 1977 No 49 s 73(3), (6) 1991 No 126 s 26(1), (4) Section 94(1A) inserted 17 September 1997 section 2 Privacy Amendment Act 1997 Section 94(1B) inserted 17 September 1997 section 2 Privacy Amendment Act 1997 Section 94(1B)(a)(iii) amended 22 October 2003 section 5(1) Privacy Amendment Act 2003 Section 94(1B)(b) amended 22 October 2003 section 5(1) Privacy Amendment Act 2003 Section 94(1B)(b) amended 22 October 2003 section 5(2) Privacy Amendment Act 2003 95: Disclosures of information, etc 1: Subject to subsection (2) and to section 94 2: Compliance with a requirement of the Commissioner (being a requirement made pursuant to subsection (1)) is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed. 3: Where— a: the Prime Minister certifies that the giving of any information, or the production of any document or thing, might 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 giving of any information, or the production of any document or thing,— i: might prejudice the prevention, investigation, or detection of offences; or ii: might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,— neither the Commissioner nor any employee of the Commissioner shall require the information to be given or, as the case may be, the document or thing to be produced. 1975 No 9 ss 19(3), (4) 20(1) 1977 No 49 s 74 1987 No 8 s 24(1) 1991 No 126 ss 26(2), (3), 27 96: Proceedings privileged 1: This section applies to— a: the Commissioner; and b: every person engaged or employed in connection with the work of the Commissioner. 2: Subject to subsection (3),— a: b: no person to whom this section applies shall be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions. 3: Nothing in subsection (2) applies in respect of proceedings for— a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B b: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B 4: Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court. 5: For the purposes of clause 3 1975 No 9 s 26 1982 No 164 s 5 1991 No 126 s 29 Section 96(2)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 96(3)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 96(3)(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 9A: Information sharing Part 9A inserted 27 February 2013 section 8 Privacy Amendment Act 2013 1: Preliminary matters Subpart 1 inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96A: Purpose of Part 1: The purpose of this Part is to enable the sharing of personal information to facilitate the provision of public services. 2: To achieve that purpose, this Part— a: provides a mechanism for the approval of information sharing agreements for the sharing of information between or within agencies; and b: authorises exemptions from or modifications to— i: any of the information privacy principles (except principles 6 and 7, which relate respectively to the right to have access to, and correct, personal information): ii: any code of practice (except any code of practice that modifies principles 6 and 7); and c: reduces any uncertainty about whether personal information can be lawfully shared for the provision of the public services, and in the circumstances, described in approved information sharing agreements. Section 96A inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96B: Relationship between Part 9A and other law relating to information disclosure 1: To avoid doubt, nothing in this Part— a: limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; and b: compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information— i: by or under any other enactment: ii: in circumstances where an exemption from or a modification to any 1 or more of the information privacy principles or any code of practice is not required to make the sharing of the information lawful. 2: Without limiting subsection (1)(a),— a: this Part does not limit section 7 54 57 b: this Part does not limit Part 10 10A 11 3: An information sharing agreement may— a: duplicate an information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision— i: with the same agencies specified in the information sharing provision; and ii: for the same purposes specified in the information sharing provision; or b: extend an information sharing provision that is not a restricted information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision— i: with the same agencies specified in the information sharing provision for a purpose not specified in the information sharing provision; or ii: with an agency not specified in the information sharing provision for a purpose specified in the information sharing provision; or iii: with an agency not specified in the information sharing provision and for a purpose not specified in the information sharing provision; or c: duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restricted information sharing provision— i: with the same agencies specified in the restricted information sharing provision; and ii: for the same purposes specified in the restricted information sharing provision; or d: extend in any manner specified in paragraph (b) a restricted information sharing provision only if— i: the restricted information sharing provision is an information matching provision (as defined in section 97 ii: there is express statutory authorisation to do so. 4: In subsection (3),— information sharing provision restricted information sharing provision Section 96B inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Section 96B heading replaced 22 August 2017 section 4(1) Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 96B(2)(b) replaced 22 August 2017 section 4(2) Enhancing Identity Verification and Border Processes Legislation Act 2017 96C: Interpretation In this Part, unless the context otherwise requires,— adverse action section 97 approved information sharing agreement code of practice section 46 department a: means— i: a government department named in Part 1 of Schedule 1 ii: an interdepartmental venture: iii: a departmental agency hosted by a government department named in Part 1 of Schedule 1 b: includes— i: the New Zealand Police: ii: the New Zealand Transport Agency information sharing agreement agreement lead agency a: the agreement; and b: the Order in Council approving the agreement local authority Schedule 1 Order in Council sections 96V(3) 96Z section 96J(1) organisation a: an organisation named in Part 2 b: an organisation named in Schedule 1 private sector agency public sector agency public service a: by or under law; or b: by a policy of the Government relevant Minister sharing a: collecting the information: b: storing the information: c: checking the information: d: using the information: e: disclosing the information: f: exchanging the information: g: if necessary, assigning a unique identifier to an individual. Section 96C inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Section 96C department replaced 7 August 2020 section 122 Public Service Act 2020 2: Information sharing agreements Subpart 2 inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Authority for information sharing Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96D: Information sharing between agencies An approved information sharing agreement may authorise an agency to share any personal information with 1 or more other agencies in accordance with the terms of the agreement. Section 96D inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96E: Information sharing within agencies An approved information sharing agreement may authorise a part of an agency to share any personal information with 1 or more parts of the same agency in accordance with the terms of the agreement. Section 96E inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Parties Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96F: Parties to information sharing agreement 1: Any 2 or more of the following may enter into an information sharing agreement: a: a public sector agency: b: a private sector agency: c: a part of a public sector agency: d: a part of a private sector agency. 2: Subsection (1) is subject to subsections (3) and (4). 3: An overseas agency may not enter into an information sharing agreement. 4: At least 1 of the agencies that enters into an information sharing agreement must be— a: a public sector agency that is a department; or b: part of a public sector agency that is a department. Section 96F inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96G: Representative parties 1: An agency that represents the interests of a class of agencies may enter into an information sharing agreement with a department if that agency is— a: a public sector agency that is not a department; or b: a private sector agency. 2: If an agreement is proposed to be entered into under subsection (1), any agency (except a department) that is a member of the class of agencies referred to in that subsection may become a party to the agreement by being sufficiently identified in a schedule to the agreement (a Schedule of Parties 3: At any time after an agreement has been entered into the lead agency may, with or without the consent of any agency,— a: amend the Schedule of Parties to add or remove agencies as parties: b: substitute a new Schedule of Parties. 4: An agency that becomes a party to the agreement under subsection (2) or (3) may, but need not, share or participate in the sharing of any personal information with 1 or more other agencies in accordance with the terms of the agreement. 5: Unless the context otherwise requires, every reference in this Part to a party to an information sharing agreement includes an agency that becomes a party to an agreement under subsection (2) or (3). Section 96G inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Lead agency Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96H: Determining which party is lead agency 1: If only 1 public sector agency that is a department enters into an information sharing agreement, it must be designated as the lead agency for the agreement. 2: If more than 1 public sector agency that is a department enters into an information sharing agreement, the parties to the agreement may agree between themselves which of those public sector agencies is to be designated as the lead agency. Section 96H inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Form and content Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96I: Form and content of information sharing agreement 1: An information sharing agreement must be in writing. 2: An information sharing agreement must— a: specify with due particularity the purpose of the information sharing agreement: b: set out the information referred to in section 96K c: contain an overview of the operational details about the sharing of information under the agreement: d: specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised: e: if a party to the agreement is a private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the private sector agency is unable to be held to account for those complaints: f: state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made: g: if entered into under section 96G i: identify the party that is a public sector agency or private sector agency representing the interests of a class of agencies; and ii: describe that class of agencies; and iii: include a schedule that sufficiently identifies the public sector agencies or private sector agencies within that class that are parties to the agreement. 3: An information sharing agreement may specify any other terms or conditions that the parties may agree, including— a: the fees and charges that are payable under the agreement; and b: any other business processes relating to the sharing of information under the agreement. Section 96I inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Approval of information sharing agreements Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96J: Governor-General may approve information sharing agreement by Order in Council 1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an information sharing agreement. 2: An Order in Council may grant an exemption from or modify the application of— a: any 1 or more of the information privacy principles (except principles 6 and 7): b: any code of practice (except any code of practice that modifies principles 6 and 7). 3: An Order in Council that, under subsection (2) 4: An Order in Council that, under subsection (2) Section 96J inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96K: Requirements for Order in Council An Order in Council must— a: state, if applicable,— i: the nature of the exemption granted under section 96J(2) ii: how any of the information privacy principles or any code of practice will be modified under section 96J(2) b: state the public service or public services the provision of which the information sharing agreement is intended to facilitate: c: specify with due particularity the personal information or the type of personal information to be shared under the agreement: d: set out the parties, or classes of parties, to the agreement and designate 1 of the parties as the lead agency: e: for every party to the agreement,— i: describe the personal information or type of personal information that the party may share with each of the other parties; and ii: state how the party may use the personal information; and iii: state the adverse actions that the party can reasonably be expected to take as a result of sharing personal information under the agreement; and iv: specify the procedure that the party must follow before taking adverse action against an individual as a result of sharing personal information under the agreement if the requirement in section 96Q(1) section 96R(a)(ii) f: state how a copy of the agreement can be accessed. Section 96K inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96L: Further provisions about Order in Council 1: An Order in Council must provide that it comes into force on a date specified in the Order in Council (which must not be a date that is before the date on which it is made). 2: An Order in Council remains in force until it— a: expires on a date appointed in the Order in Council (if any); or b: is revoked. 3: An Order in Council must insert into Schedule 2A a: a description of each of the following: i: the information sharing agreement that is approved by the Order in Council: ii: the public service or the public services the provision of which the agreement is intended to facilitate: iii: the personal information or type of personal information that may be shared between or within the agencies that are party to the agreement; and b: the name of the agreement; and c: the name of the lead agency for the agreement; and d: the Internet site address where a copy of the agreement can be accessed. Section 96L inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96M: Application of Legislation Act 2012 An Order in Council— a: is a legislative instrument for the purposes of the Legislation Act 2012 b: is a disallowable instrument for the purposes of the Legislation Act 2012 c: must be presented to the House of Representatives under section 41 Section 96M replaced 5 August 2013 section 129B Procedure for recommending Order in Council Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96N: Matters to which relevant Minister must have regard before recommending Order in Council 1: Before recommending the making of an Order in Council, the relevant Minister must— a: be satisfied of the matters set out in subsection (2) b: have regard to any submissions made under section 96O(1)(a) 2: The matters referred to in subsection (1)(a) are as follows: a: that the information sharing agreement will facilitate the provision of any public service or public services: b: that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services: c: that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy: d: that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it: e: that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed. Section 96N inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96O: Consultation on proposed information sharing agreement 1: The agencies proposing to enter into an information sharing agreement must, before the proposed agreement is concluded,— a: consult with, and invite submissions on the proposed agreement from,— i: the Commissioner; and ii: any person or organisation that the agencies consider represents the interests of the classes of individuals whose personal information will be shared under the proposed agreement; and iii: any other person or organisation that the agencies consider should be consulted; and b: have regard to any submissions made under paragraph (a) 2: The Commissioner— a: must consider the privacy implications of the proposed agreement; and b: may make any submissions under subsection (1)(a)(i) 3: The agencies must give the relevant Minister a copy of the submissions made under subsection (1)(a) Section 96O inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Commissioner's report on approved information sharing agreement Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96P: Commissioner may prepare and publish report on approved information sharing agreement 1: If an information sharing agreement is approved by Order in Council, the Commissioner may prepare a report to the relevant Minister on any matter relating to privacy that arises or is likely to arise in respect of the agreement. 2: Without limiting subsection (1) a: any comment that he or she wishes to make about the consultation that the agencies carried out under section 96O(1)(a) b: any submissions that he or she made to the agencies under section 96O(1)(a)(i) 3: The Commissioner— a: may publish a report under subsection (1) b: must consult the relevant Minister before doing so. Section 96P inserted 27 February 2013 section 8 Privacy Amendment Act 2013 3: Matters relating to operation of approved information sharing agreements Subpart 3 inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Notice of adverse action Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96Q: Requirement to give notice of adverse action 1: A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis (whether wholly or in part) of personal information about the individual that was shared under the agreement. 2: The notice must— a: give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and b: state that the individual has 10 working days from the receipt of the notice in which to dispute the correctness of that personal information. 3: To avoid doubt, an individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against him or her, but he or she may show cause under this section as to why the proposed adverse action should not be taken only on the basis that it is based on incorrect personal information. Section 96Q inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96R: When requirement to give notice of adverse action applies The requirement to give notice under section 96Q a: an approved information sharing agreement provides that a party to the agreement may— i: give a shorter period of notice than the 10-working-day period referred to in section 96Q(2)(b) ii: dispense with the giving of the notice; or b: if an approved information sharing agreement does not provide in the manner specified in paragraph (a) i: give a shorter period of notice than the 10-working-day period referred to in section 96Q(2)(b) ii: dispense with the giving of the notice. Section 96R inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Responsibilities of lead agency Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96S: Responsibilities of lead agency 1: A lead agency for an information sharing agreement must, if the agreement is approved by Order in Council under section 96J(1) a: make a copy of the agreement— i: available for inspection, free of charge, at the lead agency's head office on any working day; and ii: accessible, free of charge, on an Internet site maintained by or on behalf of the lead agency; and b: prepare a report on the operation of the agreement at the intervals required by the Commissioner under section 96U c: carry out any other responsibilities imposed by this Part. 2: A lead agency does not need to comply with subsection (1)(a)(ii) if the relevant Minister designates an Internet site maintained by or on behalf of another public sector agency as the Internet site where a copy of the agreement is to be made accessible free of charge. 3: To avoid doubt, nothing in this section applies to a party to an information sharing agreement that is not the lead agency except as provided in subsection (2) Section 96S inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96T: Report of lead agency 1: A report prepared by a lead agency under section 96S(1)(b) a: the costs of reporting: b: the degree of public interest in information about the matters prescribed in those regulations: c: the significance of the privacy implications of the approved information sharing agreement. 2: A report must be included— a: in the lead agency's annual report under the Public Finance Act 1989 b: in the lead agency's annual report under the Public Finance Act 1989 section 96U(1)(b) Section 96T inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96U: Commissioner may specify frequency of reporting by lead agency 1: The Commissioner may require a lead agency to prepare a report under section 96S(1)(b) a: annually; or b: at less frequent intervals that the Commissioner may specify. 2: In determining the appropriate frequency in subsection (1) of a report under section 96S(1)(b) a: the costs of reporting: b: the degree of public interest in information about the matters prescribed in regulations made under this Act: c: the significance of the privacy implications of the approved information sharing agreement. Section 96U inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Amendment of approved information sharing agreements Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96V: Amendment of approved information sharing agreement 1: This section applies if the parties to an approved information sharing agreement amend the agreement (whether in accordance with the Commissioner's recommendation in a report under section 96X(1) 2: As soon as practicable after the amendment is made, the lead agency must— a: give written notice of the amendment to— i: the Commissioner; and ii: the relevant Minister; and b: make a copy of the amendment— i: available for inspection, free of charge, at the lead agency's head office on any working day; and ii: accessible, free of charge, on the Internet site where a copy of the agreement is accessible. 3: The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2) 4: Sections 96J to 96P 5: Nothing in subsection (2)(a), (3), or (4) a: the fees and charges payable under the agreement; or b: the name or description of a party to the agreement; or c: any terms or conditions of the agreement that the lead agency considers, after consulting the Commissioner, do not, or are unlikely to, have any effect on the privacy implications of the agreement. Section 96V inserted 27 February 2013 section 8 Privacy Amendment Act 2013 Review of approved information sharing agreement Heading inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96W: Review of operation of approved information sharing agreement 1: The Commissioner may, on his or her own initiative, conduct a review of the operation of an approved information sharing agreement— a: at the end of a period of 12 months after the Order in Council approving the agreement is made; and b: at any time that the Commissioner considers appropriate for any subsequent reviews. 2: In conducting a review, the Commissioner must— a: consult the following about the review: i: the parties to the agreement: ii: any person or organisation that the Commissioner considers represents the interests of the classes of individuals whose personal information is being shared under the agreement; and b: consider any submissions made on the review. 3: The parties to the agreement must take all reasonable steps to co-operate with the review. Section 96W inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96X: Report on findings of review 1: After completing a review under section 96W a: operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into): b: failing to facilitate the provision of the public service or public services to which it relates: c: unreasonably impinging on the privacy of individuals: d: operating in such a way that the costs of sharing personal information under the agreement outweigh the benefits of sharing it. 2: The Commissioner may recommend in the report that— a: the parties to the agreement should amend it in 1 or more material respects; or b: the Order in Council by which the agreement was approved should be revoked. Section 96X inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96Y: Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government's response The relevant Minister must— a: present a copy of a report under section 96X(1) b: as soon as possible after complying with paragraph (a), present a report to the House of Representatives setting out the Government's response to the report under section 96X(1) Section 96Y inserted 27 February 2013 section 8 Privacy Amendment Act 2013 4: Miscellaneous Subpart 4 inserted 27 February 2013 section 8 Privacy Amendment Act 2013 96Z: Power to amend Schedule 2A 1: Without limiting the matters that an Order in Council made under section 96J Schedule 2A section 96L(3) a: make any amendments to Schedule 2A i: to recognise the abolition or dissolution of any agency that is party to an approved information sharing agreement or any change in the name of such an agency; or ii: to reflect any change in the Internet site address where a copy of an approved information sharing agreement can be accessed; or iii: to reflect any amendments to an approved information sharing agreement that are approved under section 96V iv: to correct any error or omission in any description in that schedule: b: remove any description or matter in Schedule 2A c: otherwise amend or replace Schedule 2A 2: To avoid doubt, any of the matters set out in this section may be included in an Order in Council made under section 96J Section 96Z inserted 27 February 2013 section 8 Privacy Amendment Act 2013 10: Information matching Interpretation 97: Interpretation In this Part, unless the context otherwise requires,— adverse action a: to cancel or suspend any monetary payment: b: to refuse an application for a monetary payment: c: to alter the rate or amount of a monetary payment: d: to recover an overpayment of a monetary payment: e: to make an assessment of the amount of any tax, levy, or other charge, or of any contribution, that is payable by any individual, or to alter any such assessment: f: to investigate the possible commission of an offence: g: to make a deportation order in relation to the individual, to serve the individual with a deportation liability notice, or to deport the individual from New Zealand authorised information matching information authorised information matching programme discrepancy information matching programme information matching provision second column of Schedule 3 information matching rules Schedule 4 monetary payment a: a benefit as defined in Schedule 2 b: a lump sum payable under section 61DB section 61DC section 61DD c: any special assistance granted out of a Crown Bank Account section 124(1)(d) or (da) d: any monetary entitlement payable under Part 4 Part 10 Part 11 Accident Compensation Act 2001 specified agency a: the Accident Compensation Corporation: aa: the Regulator, as defined by Part 10 Accident Compensation Act 2001 b: the Electoral Commission established by section 4B ba: bb: the Board of the Government Superannuation Fund Authority: bc: the Board of Trustees of the National Provident Fund: bd: the Ministry of Health: c: the Ministry of Justice d: the Department of Corrections: e: the Ministry of Business, Innovation, and Employment: f: the department for the time being responsible for the administration of the Social Security Act 2018 fa: Kāinga Ora–Homes and Communities established by the Kāinga Ora–Homes and Communities Act 2019 g: the Inland Revenue Department: ga: the Ministry of Transport: gb: the New Zealand Transport Agency: gc: the Department of Internal Affairs: gd: the Registrar-General appointed under section 79(1) Births, Deaths, Marriages, and Relationships Registration Act 1995 h: the New Zealand Customs Service: ha: the Registrar of Motor Vehicle Traders: i: the Regulator, as defined in the Accident Insurance Act 1998 ia: WorkSafe New Zealand: j: a tertiary education organisation, a secondary school, or a private training establishment (as those terms are defined in section 10(1) clause 8 Social Security Act 2018 k: the Ministry of Education: l: the Teaching Council of Aotearoa New Zealand continued section 474 m: the agency or agencies appointed under section 100 Public and Community Housing Management Act 1992 1991 No 126 s 2 Section 97 adverse action replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 97 monetary payment amended 26 November 2018 section 459 Social Security Act 2018 Section 97 monetary payment amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 97 monetary payment replaced 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 97 monetary payment amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 97 specified agency replaced 15 November 2000 section 3(1) Privacy Amendment Act 2000 Section 97 specified agency inserted 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 97 specified agency amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 97 specified agency amended 1 July 2012 section 59(2) Electoral (Administration) Amendment Act 2011 Section 97 specified agency repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 97 specified agency inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 97 specified agency inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 97 specified agency inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 97 specified agency amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 97 specified agency replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 97 specified agency amended 26 November 2018 section 459 Social Security Act 2018 Section 97 specified agency replaced 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 97 specified agency inserted 18 March 2002 section 101(3) Electoral Amendment Act 2002 Section 97 specified agency replaced 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 97 specified agency inserted 18 March 2002 section 101(3) Electoral Amendment Act 2002 Section 97 specified agency inserted 21 April 2005 section 16 Citizenship Amendment Act 2005 Section 97 specified agency amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 97 specified agency inserted 15 December 2003 section 145 Motor Vehicle Sales Act 2003 Section 97 specified agency inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 97 specified agency replaced 1 August 2020 section 668 Education and Training Act 2020 Section 97 specified agency inserted 1 February 2002 section 83 Education Standards Act 2001 Section 97 specified agency inserted 20 May 2010 section 78(2) Education Amendment Act 2010 Section 97 specified agency amended 1 August 2020 section 668 Education and Training Act 2020 Section 97 specified agency amended 29 September 2018 section 12(1) Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 Section 97 specified agency inserted 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 97 specified agency amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 97A: Relationship between Part 10 and other law relating to information disclosure This Part does not— a: limit the collection, use, or disclosure of personal information that— i: is authorised or required by or under any enactment; or ii: is permitted by the information privacy principles: b: limit Part 9A 10A 11 Section 97A inserted 22 August 2017 section 5 Enhancing Identity Verification and Border Processes Legislation Act 2017 Information matching guidelines 98: Information matching guidelines The following matters are the matters referred to in section 13(1)(f) a: whether or not the objective of the programme relates to a matter of significant public importance: b: whether or not the use of the programme to achieve that objective will result in monetary savings that are both significant and quantifiable, or in other comparable benefits to society: c: whether or not the use of an alternative means of achieving that objective would give either of the results referred to in paragraph (b): d: whether or not the public interest in allowing the programme to proceed outweighs the public interest in adhering to the information privacy principles that the programme would otherwise contravene: e: whether or not the programme involves information matching on a scale that is excessive, having regard to— i: the number of agencies that will be involved in the programme; and ii: the amount of detail about an individual that will be matched under the programme: f: whether or not the programme will comply with the information matching rules. Authorised information matching programmes 99: Information matching agreements 1: No personal information held by any specified agency shall be disclosed, pursuant to an information matching provision, to any other specified agency for the purposes of an authorised information matching programme except pursuant to a written agreement between those agencies. 2: Every such agreement shall incorporate provisions that reflect the information matching rules, or provisions that are no less onerous than those rules, and the agencies that are parties to the agreement shall comply with those provisions. 3: Any such agreement may provide that the agencies involved in the information matching programme may charge each other fees for the services provided for the purposes of the programme. 4: The parties to an agreement entered into pursuant to this section shall ensure that a copy of the agreement, and of any amendments subsequently made to such an agreement, are forwarded to the Commissioner forthwith. 1991 No 126 s 14 100: Use of results of information matching programme 1: Subject to any other enactment or rule of law that limits or restricts the information that may be taken into account in taking adverse action against an individual, any specified agency that is involved in an authorised information matching programme may take adverse action against an individual on the basis of any discrepancy produced by that programme. 2: Nothing in subsection (1) shall be taken to limit or restrict the use that may lawfully be made, by any specified agency, of any information produced by an authorised information matching programme. 1991 No 126 s 15 101: Further provisions relating to results of information matching programme 1: Notwithstanding anything in section 100 a: a specified agency derives or receives information produced by an authorised information matching programme; and b: as a result of deriving or receiving that information, the agency becomes aware of a discrepancy,— that agency shall destroy that information not later than the expiration of the period of 60 working days after the agency becomes aware of that discrepancy unless, before the expiration of that period, the agency has considered that information and made a decision to take adverse action against any individual on the basis of that discrepancy. 2: Any adverse action commenced by a specified agency in accordance with subsection (1) shall be commenced not later than 12 months from the date on which the information was derived or received by the agency. 3: Where a specified agency decides not to take adverse action against any individual on the basis of information produced by an authorised information matching programme, the agency shall as soon as practicable destroy the information. 4: When information produced by an authorised information matching programme is no longer needed by a specified agency for the purposes of taking any adverse action against any individual, the agency shall as soon as practicable destroy the information. 5: Nothing in this section applies in relation to the Inland Revenue Department. 1991 No 126 s 16 102: Extension of time limit Where a specified agency derives or receives information produced by an authorised information matching programme, the Commissioner may, either generally or in respect of any case or class of cases, extend the time limit set out in section 101 a: because of the large quantity of information so derived or received by the agency; or b: because of the complexity of the issues involved; or c: for any other reason,— the agency cannot reasonably be required to meet the time limit. 1991 No 126 s 17 103: Notice of adverse action proposed 1: Subject to subsections (1A) to (2A) and to section 180C(1) a: unless that agency has given that individual written notice— i: specifying particulars of the discrepancy and of the adverse action that it proposes to take; and ii: stating that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and b: until the expiration of those 5 working days. 1A: Nothing in subsection (1) shall prevent the department for the time being responsible for the administration of the Social Security Act 2018 sole parent support, the supported living payment, an emergency benefit, jobseeker support, a young parent payment, or a youth payment, section 308 a: specifying particulars of the discrepancy and the suspension of benefit, and any other adverse action the department proposes to take; and b: stating that the individual has 5 working days from the receipt of the notice to show cause why the benefit ought not to have been suspended or why the adverse action should not be taken, or both— and the adverse action shall not be taken until the expiration of those 5 working days. 1B: 1C: Nothing in subsection (1) prevents the Commissioner of Inland Revenue from immediately taking action to recover amounts relating to— a: unpaid amounts owed to the Commissioner by an individual who is in serious default identified in information supplied to the Commissioner under section 306 b: financial support under the Child Support Act 1991 section 307 313 2: Nothing in subsection (1) or subsection (1A) 2A: Nothing in subsection (1) prevents any constable section 310 a: informed of the intention to execute the warrant; and b: given an opportunity to confirm— i: whether or not he or she is the individual named in the warrant; and ii: that neither of the following circumstances applies: A: the fine has been paid: B: an arrangement to pay the fine over time has been entered into. 3: Every notice required to be given to any individual under subsection (1) or subsection (1A) a: personally; or b: by leaving it at that individual's usual or last known place of residence or business or at the address specified by that individual in any application or other document received from that individual; or c: by posting it in a letter addressed to that individual at that place of residence or business or at that address. 4: If any such notice is sent to any individual by post, then in the absence of proof to the contrary, the notice shall be deemed to have been delivered to that individual on the fourth day after the day on which it was posted, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted. 5: In this section,— amount of reparation section 79 bailiff fine a: a fine within the meaning of section 79 b: a fine to which section 19 c: a fine to which section 43 45 d: e: any amount payable under section 138A(1) 1991 No 126 s 18 Section 103(1) amended 9 April 2008 section 7(2) Corrections (Social Assistance) Amendment Act 2008 Section 103(1) amended 10 April 2006 section 4(1) Privacy Amendment Act 2006 Section 103(1A) inserted 30 June 1993 Privacy Amendment Act 1993 Section 103(1A) amended 26 November 2018 section 459 Social Security Act 2018 Section 103(1A) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 103(1A) amended 15 July 2013 section 35 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 103(1A) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 103(1B) repealed 31 August 2017 section 396(1) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 103(1C) replaced 30 March 2013 section 50 Student Loan Scheme Amendment Act 2013 Section 103(1C)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 103(1C)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 103(2) amended 31 August 2017 section 396(2) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 103(2) amended 30 June 1993 Privacy Amendment Act 1993 Section 103(2A) inserted 10 April 2006 section 4(2) Privacy Amendment Act 2006 Section 103(2A) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 103(2A) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 103(3) amended 31 August 2017 section 396(3) Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 103(3) amended 30 June 1993 Privacy Amendment Act 1993 Section 103(5) inserted 10 April 2006 section 4(3) Privacy Amendment Act 2006 Section 103(5) amount of reparation inserted 13 February 2012 section 4(3) Privacy Amendment Act 2011 Section 103(5) fine replaced 13 February 2012 section 4(1) Privacy Amendment Act 2011 Section 103(5) fine repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 103(5) reparation repealed 13 February 2012 section 4(2) Privacy Amendment Act 2011 104: Reporting requirements 1: Every specified agency that is involved in an authorised information matching programme shall make such reports to the Commissioner in respect of that programme as the Commissioner may from time to time require. 2: Without limiting the generality of subsection (1), the matters on which the Commissioner may require any agency to submit a report include the following: a: the actual costs and benefits of an authorised information matching programme: b: any difficulties experienced in the operation of an authorised information matching programme, and how those difficulties are being, or have been, overcome: c: whether or not internal audits or other forms of assessment are undertaken by an agency in relation to an authorised information matching programme, and, if so, the results of those audits or assessments: d: where an agency dispenses with the giving of notice under section 103 e: the details of the operation of an authorised information matching programme, including— i: the number of matches undertaken: ii: the proportion of matches that revealed discrepancies in information involved in the matching: iii: the number of discrepancies so revealed: iv: the proportion of cases in which action was taken as a result of such discrepancies: v: the number of cases in which such action was taken: vi: the number of cases in which such action was taken even though the accuracy of the discrepancy was challenged: vii: the proportion of cases in which such action did not proceed after the individual concerned was notified of the discrepancy: viii: the number of cases in which action taken as a result of a discrepancy was successful: f: such other matters as the Commissioner considers relevant. 1991 No 126 s 19 105: Information matching programmes to be reported on in annual report 1: The Commissioner shall include in every annual report of the Commissioner under section 150 a: an outline of the programme; and b: an assessment of the extent of the programme's compliance, during that year, with— i: sections 99 to 103 ii: the information matching rules; and c: the details of each extension granted under section 102 d: the details of each approval given, during that year, under clause 3 2: Nothing in subsection (1) requires the Commissioner to include in any annual report, in respect of any authorised information matching programme, any information the disclosure of which would be likely to frustrate the objective of the programme. 3: For the purposes of carrying out any assessment required by subsection (1)(b), Part 9 Part 8 1991 No 126 s 20 Section 105(1) amended 25 January 2005 section 200 Crown Entities Act 2004 106: Review of statutory authorities for information matching 1: As soon as practicable after 1 January 1994, and then at intervals of not more than 5 years, the Commissioner shall— a: review the operation of every information matching provision since— i: 19 December 1991 (in the case of the first review carried out under this paragraph); or ii: the date of the last review carried out under this paragraph (in the case of every subsequent review); and b: consider whether or not, in the Commissioner's opinion,— i: the authority conferred by the information matching provision should be continued; and ii: any amendments to the provision are necessary or desirable; and c: report the Commissioner's findings to the responsible Minister. 2: As soon as practicable after receiving a report from the Commissioner under subsection (1)(c), the responsible Minister shall lay a copy of that report before the House of Representatives. 1991 No 126 s 21 107: Amendment of information matching rules 1: For the purposes of this Part, the Governor-General may from time to time, by Order in Council, make such amendments to Schedule 4 2: The power conferred by subsection (1) includes the power to repeal Schedule 4 3: No order that amends Schedule 4 Avoidance of controls on information matching 108: Avoidance of controls on information matching through use of exceptions to information privacy principles Despite section 97A principle 2 a: any authorised information matching programme; or b: any information matching programme the objective of which is similar in nature to any authorised information matching programme. Section 108 amended 22 August 2017 section 6 Enhancing Identity Verification and Border Processes Legislation Act 2017 109: Avoidance of controls on information matching through use of official information statutes Notwithstanding anything in the Official Information Act 1982 Local Government Official Information and Meetings Act 1987 10A: Identity information Part 10A inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109A: Purpose of Part The purpose of this Part is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity information held about that individual by a holder agency. Section 109A inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109B: Relationship between Part 10A and other law relating to information disclosure This Part does not— a: limit the collection, use, or disclosure of personal information that— i: is authorised or required by or under any enactment; or ii: is permitted by the information privacy principles: b: limit Part 9A 10 11 Section 109B inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109C: Interpretation In this Part,— access accessing agency Schedule 4A biometric information a: 1 or more of the following kinds of personal information: i: a photograph of all or any part of the person’s head and shoulders: ii: impressions of the person’s fingerprints: iii: a scan of the person’s irises; and b: an electronic record of the personal information that is capable of being used for biometric matching database holder agency Schedule 4A identity information a: the individual’s biographical details (for example, the individual’s name, address, date of birth, place of birth, and gender): b: the individual’s biometric information: c: a photograph or visual image of the individual: d: details of the individual’s— i: New Zealand travel document; or ii: certificate of identity: e: details of any distinguishing features (including tattoos and birthmarks). Section 109C inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109D: Access by agencies to identity information An accessing agency may, for the purpose specified in the second column of Schedule 4A Section 109D inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109E: Manner and form of access 1: Access to identity information permitted under section 109D 2: Identity information that is held by a holder agency and accessed by an accessing agency under section 109D Section 109E inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109F: Annual reporting requirement The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 Schedule 4A Section 109F inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 109G: Amendment of Schedule 4A 1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner,— a: add, remove, amend, or replace any item in Schedule 4A b: repeal Schedule 4A 2: Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that— a: the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and b: the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and c: any potential conflicts or inconsistencies between the sharing of personal information under Schedule 4A Section 109G inserted 22 August 2017 section 7 Enhancing Identity Verification and Border Processes Legislation Act 2017 11: Law enforcement information 110: Interpretation In this Part, unless the context otherwise requires,— accessing agency Schedule 5 holder agency Schedule 5 law enforcement information a: is about an identifiable individual; and b: is specified in Schedule 5 local authority Schedule 1 Schedule 2 110A: Relationship between Part 11 and other law relating to information disclosure This Part does not— a: limit the collection, use, or disclosure of personal information that— i: is authorised or required by or under any enactment; or ii: is permitted by the information privacy principles: b: limit Part 9A 10 10A Section 110A inserted 22 August 2017 section 8 Enhancing Identity Verification and Border Processes Legislation Act 2017 111: Access by accessing agencies to law enforcement information An accessing agency may have access to law enforcement information held by a holder agency if such access is authorised by the provisions of Schedule 5 112: Local authorities may be authorised to have access to law enforcement information 1: The responsible Minister may from time to time, by notice in the Gazette Schedule 5 2: Any authority may be granted under subsection (1) subject to such terms and conditions as the responsible Minister thinks fit and specifies in the notice. 3: Any notice under subsection (1) may be in like manner amended or revoked at any time. 4: Any notice given under section 4E of the Wanganui Computer Centre Act 1976 1976 No 19 s 4E 1989 No 5 s 3 113: Amendment of Schedule 5 Section 113 expired 1 July 1997 section 114 114: Expiry of power to amend Schedule 5 by Order in Council Section 113 1997 Section 114 amended 3 September 1996 Privacy Amendment Act 1996 11A: Transfer of personal information outside New Zealand Part 11A inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114A: Interpretation In this Part, unless the context otherwise requires,— OECD Guidelines State transfer prohibition notice section 114B Section 114A inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114B: Prohibition on transfer of personal information outside New Zealand 1: The Commissioner may prohibit a transfer of personal information from New Zealand to another State if the Commissioner is satisfied, on reasonable grounds, that— a: the information has been, or will be, received in New Zealand from another State and is likely to be transferred to a third State where it will not be subject to a law providing comparable safeguards to this Act; and b: the transfer would be likely to lead to a contravention of the basic principles of national application set out in Part Two of the OECD Guidelines and set out in Schedule 5A 2: In determining whether to prohibit a transfer of personal information, the Commissioner must also consider, in addition to the matters set out in subsection (1) and section 14 a: whether the transfer affects, or would be likely to affect, any individual; and b: the general desirability of facilitating the free flow of information between New Zealand and other States; and c: any existing or developing international guidelines relevant to transborder data flows, including (but not limited to)— i: the OECD Guidelines: ii: the European Union Directive 95/46/EC on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data. 3: Subsection (1) does not apply if the transfer of the information, or the information itself, is— a: required or authorised by or under any enactment; or b: required by any convention or other instrument imposing international obligations on New Zealand. Section 114B inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114C: Commissioner's power to obtain information 1: To enable the Commissioner to determine whether to prohibit a transfer of personal information, the Commissioner may hear or obtain information from such persons as the Commissioner considers necessary, and for this purpose Part 9 section 13(1)(m) 2: In exercising his or her powers under subsection (1), the Commissioner may regulate his or her procedure in such manner as the Commissioner thinks fit. Section 114C inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114D: Transfer prohibition notice 1: A prohibition under section 114B(1) 2: A transfer prohibition notice must— a: state the name of the agency to whom it relates; and b: describe the personal information concerned; and c: state that the transfer of the personal information concerned from New Zealand to a specified State is prohibited either— i: absolutely; or ii: until the agency has taken the steps stated in the notice to protect the interests of any individual or individuals affected by the transfer; and d: state the time when the notice takes effect; and e: state the ground for the prohibition; and f: state that the agency on whom the notice is served may lodge an appeal against the notice to the Human Rights Review Tribunal, and the time within which the appeal must be lodged. 3: The time when the notice takes effect under subsection (2)(d) must not be before the end of the period within which an appeal against the notice can be lodged. 4: If an appeal is brought, the notice does not take effect pending the determination or withdrawal of the appeal. 5: If the Commissioner, by reason of special circumstances, considers that the prohibition should take effect as a matter of urgency in relation to all or any part of the notice,— a: subsections (3) and (4) do not apply; and b: the notice takes effect on the sixth working day after the date on which the notice is served; and c: the notice must include— i: a statement that the Commissioner considers that the prohibition must take effect as a matter of urgency; and ii: a statement of the reasons why the Commissioner has reached that conclusion. Data Protection Act 1988 s 11 (Ire) Section 114D inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114E: Commissioner may vary or cancel notice 1: If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with in order to avoid a contravention of basic principles of privacy or data protection, the Commissioner may vary or cancel the transfer prohibition notice by serving notice to that effect on the agency concerned. 2: An agency on whom a transfer prohibition notice has been served may, at any time after the end of the period during which an appeal under section 114G(1)(a) 3: The Commissioner must, within 20 working days after the date on which an application under subsection (2) is received, notify the agency of— a: his or her decision; and b: his or her reasons, if the application is refused. 4: If the Commissioner exercises his or her discretion under subsection (1), the variation or cancellation of the transfer prohibition notice takes effect on the day after the date on which notice of the Commissioner’s decision to vary or cancel the transfer prohibition notice is served. Data Protection Act 1998 s 41 (UK) Section 114E inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114F: Offence in relation to transfer prohibition notice Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on Section 114F inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 Section 114F amended 1 July 2013 section 413 Criminal Procedure Act 2011 114G: Appeals against transfer prohibition notice 1: An agency on whom a transfer prohibition notice is served may appeal to the Human Rights Review Tribunal— a: against the whole or any part of the notice; or b: if the notice contains a statement by the Commissioner in accordance with section 114D(5)(c) c: against the decision of the Commissioner to vary the notice in accordance with section 114E(1) d: against the refusal of an application under section 114E(2) 2: An appeal under subsection (1) must be lodged,— a: in the case of an appeal under subsection (1)(a) or (b), within 15 working days from the date on which the transfer prohibition notice was served on the agency concerned: b: in the case of an appeal under subsection (1)(c) or (d), within 15 working days from the date on which notice of the decision or refusal was served on the agency concerned. 3: The Tribunal must allow an appeal or substitute any other decision or notice that could have been made or served by the Commissioner if it considers that— a: the decision or notice against which the appeal is brought is not in accordance with the law; or b: to the extent that the decision or notice involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised his or her discretion differently. 4: The Tribunal may review any determination of fact on which the decision or notice in question was based. 5: On any appeal under subsection (1)(b), the Tribunal may— a: direct— i: that the notice in question must have effect as if it did not contain the statement that is mentioned in the notice; or ii: that the inclusion of the statement must not have effect in relation to any part of the notice; and b: make any modifications required to give effect to that direction. Data Protection Act 1998 ss 48, 49 (UK) Section 114G inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 114H: Application of Human Rights Act 1993 Section 87 Part 4 section 114G Section 114H inserted 8 September 2010 section 8 Privacy (Cross-border Information) Amendment Act 2010 12: Miscellaneous provisions General 115: Protection against certain actions 1: Where any personal information is made available in good faith pursuant to principle 6 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 an agency. 2: The making available of, or the giving of access to, any personal information in consequence of a request made under principle 6 1982 No 156 s 48 1987 No 8 s 21 1987 No 174 s 41 116: Commissioner and staff to maintain secrecy 1: Every person to whom section 96 2: Notwithstanding anything in subsection (1), the Commissioner may disclose such matters as in the Commissioner's opinion ought to be disclosed for the purposes of giving effect to this Act. 3: Except where it is necessary to do so for the purposes of referring a matter to the Director of Human Rights Proceedings section 77(2) a: any matter that might prejudice— i: the security, defence, or international relations of New Zealand (including New Zealand's relations with the Government of any other country or with any international organisation); or ii: any interest protected by section 7 iii: the prevention, investigation, or detection of offences; or b: any matter that might involve the disclosure of the deliberations of Cabinet; or c: any information, answer, document, or thing obtained by the Commissioner by reason only of compliance with a requirement made pursuant to section 95(1) 1975 No 9 s 21(2), (4), (5) 1987 No 8 s 24(2) 1991 No 126 s 30 Section 116(3) amended 22 October 2003 section 6 Privacy Amendment Act 2003 117: Consultation with Ombudsmen Notwithstanding anything in section 116 a: for the purposes of making a determination under section 72 b: in relation to any matter arising out of or in the course of an investigation under Part 8 c: in relation to any matter relating to privacy, whether or not the matter arises out of a particular complaint made under Part 8 and, for the purposes of any such consultation, the Commissioner may disclose to an Ombudsman such information as the Commissioner considers necessary for that purpose. Section 117 amended 21 October 1994 section 81(2) Health and Disability Commissioner Act 1994 117A: Consultation with Health and Disability Commissioner Notwithstanding anything in section 116 Health and Disability Commissioner Act 1994 a: for the purposes of making a determination under section 72A b: in relation to any matter arising out of or in the course of an investigation under Part 8 c: in relation to any matter that is within the jurisdiction of the Health and Disability Commissioner, whether or not the matter arises out of a particular complaint made under Part 8 and, for the purposes of any such consultation, the Commissioner may disclose to the Health and Disability Commissioner such information as the Commissioner considers necessary for that purpose. Section 117A inserted 1 July 1996 section 81(3) Health and Disability Commissioner Act 1994 117B: Consultation with Inspector-General of Intelligence and Security Notwithstanding anything in section 116 a: for the purposes of making a determination under section 72B b: in relation to any matter arising out of or in the course of an investigation under Part 8 c: in relation to any matter that is within the jurisdiction of the Inspector-General of Intelligence and Security, whether or not the matter arises out of a particular complaint made under Part 8 and, for the purposes of any such consultation, the Commissioner may disclose to the Inspector-General of Intelligence and Security such information as the Commissioner considers necessary for that purpose. Section 117B inserted 2 July 1996 section 33 Inspector-General of Intelligence and Security Act 1996 Section 117B amended 28 September 2017 section 335 Intelligence and Security Act 2017 118: Corrupt use of official information Section 118 repealed 25 January 2005 section 200 Crown Entities Act 2004 119: 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 the Commissioner or the Tribunal under this Act; or b: any application under section 8 but not so as to give any party any information that he or she would not, apart from this section, be entitled to. 2: Nothing in subsection (1) affects section 32 1982 No 156 s 11 1987 No 174 s 9 1991 No 126 s 28 Section 119(1)(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 120: Adverse comment The Commissioner shall not, in any report or statement made pursuant to this Act or the Crown Entities Act 2004 1977 No 49 s 78(2) 1991 No 126 s 32 Section 120 amended 25 January 2005 section 200 Crown Entities Act 2004 120A: Responsibility under Parts 5 and 8 for interdepartmental executive board 1: The department that is the servicing department for an interdepartmental executive board is responsible for dealing with all matters arising under Parts 5 8 2: This section applies despite the definition of department in section 2(1) Section 120A inserted 7 August 2020 section 123 Public Service Act 2020 Delegations 121: Delegation of functions or powers of Commissioner Section 121 repealed 25 January 2005 section 200 Crown Entities Act 2004 122: Delegate to produce evidence of authority Section 122 repealed 25 January 2005 section 200 Crown Entities Act 2004 123: Revocation of delegations Section 123 repealed 25 January 2005 section 200 Crown Entities Act 2004 124: Delegation of powers by local authority 1: A local authority may from time to time, either generally or particularly, delegate to any officer or employee of the local authority all or any of the powers of the local authority under this Act. 2: Subject to any general or special directions given or conditions attached by the local authority, the officer or employee 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 that officer or employee directly by this section and not by delegation. 3: Until a delegation made under this section is revoked, it shall continue in force according to its tenor. 4: Where a person purports to act pursuant to a delegation made under this section, that person shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. 5: Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of a specified office. 6: Every delegation made under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the local authority. 1974 No 66 s 715 1979 No 59 s 2 1987 No 174 s 42 125: Delegation of powers by officers of local authority 1: Any officer or employee of a local authority may from time to time, by writing under that officer's or employee's hand, either generally or particularly, delegate to any other officer or employee of the local authority all or any of the powers exercisable by the first-mentioned officer or employee under this Act, except— a: the power to delegate under this section; and b: any power delegated to that officer or employee by a local authority pursuant to section 124 2: Subject to any general or special directions given or conditions attached by the officer or employee making the delegation, the officer or employee 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 that officer or employee directly by this section and not by delegation. 3: Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the officer or employee by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding the office of the officer or employee making the delegation. 4: Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of any specified office. 5: Where any officer or employee purports to act pursuant to a delegation made under this section, that officer or employee shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. 6: Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the officer or employee making the delegation. 1974 No 66 s 716 1979 No 59 s 2 1987 No 174 s 43 Liability and offences 126: Liability of employer and principals 1: Subject to subsection (4), anything done or omitted by a person as the employee of another person shall, for the purposes of this Act, be treated as done or omitted by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval. 2: Anything done or omitted by a person as the agent of another person shall, for the purposes of this Act, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person's express or implied authority, precedent or subsequent. 3: Anything done or omitted by a person as a member of any agency shall, for the purposes of this Act, be treated as done or omitted by that agency as well as by the first-mentioned person, unless it is done or omitted without that agency's express or implied authority, precedent or subsequent. 4: In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she or it took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description. 1977 No 49 s 33 127: Offences Every person commits an offence against this Act and is liable on a: without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in the exercise of their powers under this Act: b: without reasonable excuse, refuses or fails to comply with any lawful requirement of the Commissioner or any other person under this Act: c: makes any statement or gives any information to the Commissioner or any other person exercising powers under this Act, knowing that the statement or information is false or misleading: d: represents directly or indirectly that he or she holds any authority under this Act when he or she does not hold that authority. 1975 No 9 s 30 1991 No 126 s 35 Section 127 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Regulations 128: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: providing the procedure for the service of notices and documents under this Act: aa: prescribing the matters that the Commissioner may specify to a lead agency as matters that are to be included in a report by the lead agency under section 96S(1)(b) b: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. Section 128(aa) inserted 27 February 2013 section 9 Privacy Amendment Act 2013 128A: Power to amend Schedule 5A The Governor-General may, by Order in Council,— a: amend Schedule 5A b: repeal Schedule 5A Section 128A inserted 8 September 2010 section 9 Privacy (Cross-border Information) Amendment Act 2010 Amendments, repeals, and revocations 129: Amendments, repeals, and revocations 1: The enactments specified in Schedule 6 2: The enactments specified in Schedule 7 3: The orders specified in Schedule 8 129A: Amendment relating to Legislation Act 2012 Section 129B Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989 Section 129A inserted 27 February 2013 section 10 Privacy Amendment Act 2013 129B: New section 96M substituted Amendment(s) incorporated in the Act(s) Section 129B inserted 27 February 2013 section 10 Privacy Amendment Act 2013 Transitional provisions and savings 130: Final report of Wanganui Computer Centre Privacy Commissioner 1: As soon as reasonably practicable after 1 July 1993, the State Services Commissioner shall arrange for a final report of the Wanganui Computer Centre Privacy Commissioner to be sent to the Minister of State Services showing the Wanganui Computer Centre Privacy Commissioner's operations for the financial period ending with the close of 30 June 1993, and shall attach to the report a copy of the Wanganui Computer Centre Privacy Commissioner's accounts for that period certified by the Auditor-General 2: A copy of the report and accounts shall be laid before the House of Representatives as soon as practicable after their receipt by the Minister of State Services. Section 130(1) amended 1 July 2001 section 52 Public Audit Act 2001 131: Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner Where— a: any request made under section 14(1) of the Wanganui Computer Centre Act 1976 b: any complaint made under section 15 of that Act is pending at the commencement of this section, then, notwithstanding the repeal of that Act by section 129(2) c: the Commissioner may deal with that request or, as the case requires, that complaint as if the Commissioner were the Wanganui Computer Centre Privacy Commissioner under that Act; and d: that Act shall continue and be in force for that purpose. 132: Savings For the avoidance of doubt, and without limiting the provisions of the Acts Interpretation Act 1924 section 129(2) a: the continued existence of the Wanganui Computer Centre continued by section 3(1) of that Act b: the computer system established in connection with that computer centre; or c: any agreements or arrangements entered into by the Minister of State Services pursuant to section 3A of that Act 133: Transitional provision The person who, immediately before the commencement of this section, was holding office as the Privacy Commissioner under the Privacy Commissioner Act 1991

DLM307165

1993

Electoral Referendum Act 1993

1: Short Title This Act may be cited as the Electoral Referendum Act 1993. Binding referendum 2: Binding referendum of electors on proposals for electoral reform 1: On the day appointed in 1993 for the taking of the poll (in this Act called the electoral poll) of the electors of each electoral district for the return of a member of Parliament for the district, a binding referendum of the electors of each such district shall be taken on proposals about the electoral system. 2: The proposals about the electoral system that are the subject of the binding referendum shall be submitted in the voting paper in form 1 1990 No 3 s 4(1), (2) 3: Application of Electoral Act 1956 1: Subject to the provisions of this Act and of any regulations made under this Act, the provisions of the Electoral Act 1956 2: The provisions of the Electoral Act 1956 3: No writ shall be issued under the Electoral Act 1956 1990 No 3 s 2(4)(a) 4: Provisions subject to which binding referendum to be taken For the purposes of conducting the binding referendum,— a: the Returning Officer of the electoral district shall be the Returning Officer, and the Deputy Returning Officers appointed by the Returning Officer for the taking of the electoral poll shall be the Deputy Returning Officers, for the taking of the binding referendum: b: the poll clerks, interpreters, and ushers appointed for the taking of the electoral poll shall, by virtue of being so appointed, be, in addition, poll clerks, interpreters and ushers for the taking of the binding referendum: c: the polling booths in each electoral district for the taking of the electoral poll shall be the same as those used for the taking of the binding referendum. 1990 No 3 s 3(a), (c), (d) Scrutineers 5: Nomination of scrutineers by electors in favour of proposal Any 10 or more electors who are in favour of either of the proposals described under the heading VOTING SYSTEM PROPOSALS form 1 1991 No 152 s 6 6: Form of nomination paper The nomination paper shall be in form 2 1991 No 152 s 7 7: Nomination paper to be lodged with Returning Officer The nomination paper shall be lodged with the Returning Officer of the electoral district not later than the twelfth day before polling day, and shall be open to public inspection. 1991 No 152 s 8 8: Returning Officer to select fit persons to appoint scrutineers On a day to be publicly notified by the Returning Officer for the electoral district, being not earlier than the tenth day nor later than the fifth day before polling day, the Returning Officer shall publicly consider all the nomination papers duly lodged, and, after hearing all objections, select 2 fit persons to appoint one scrutineer to act at each polling booth in the interests of all electors as aforesaid; and the persons so selected may appoint accordingly. 1991 No 152 s 9 9: Selection to be in writing The selection shall be by writing under the hand of the Returning Officer, and shall be in form 3 1991 No 152 s 10 10: Appointments of scrutineers to be in writing The appointment shall in each case be by writing under the hands of the persons selected, and shall be in form 4 1991 No 152 s 11 11: Powers and rights of scrutineers 1: Every scrutineer so appointed shall, for the purpose of the binding referendum, have all the powers and rights of a scrutineer under the Electoral Act 1956 form 1 of Schedule 1 of the Electoral Act 1956 2: Without limiting subsection (1), a scrutineer so appointed— a: may be present at the office of the Registrar of Electors when the Registrar of Electors is performing his or her duties under section 110 of the Electoral Act 1956 b: may be present at the scrutiny of the rolls conducted by the Returning Officer under section 112 of the Electoral Act 1956 1991 No 152 s 12 12: Remuneration of scrutineers not expenses of referendum The remuneration (if any) of the scrutineers shall not be paid out of money appropriated by Parliament for the purpose of conducting the binding referendum. 1991 No 152 s 13 Official publicity campaign 13: Supply of computer tapes 1: Section 64B of the Electoral Act 1956 4: The Chief Registrar shall supply the information described in subsections (1) and (2) if— a: the person seeking the information supplies the Chief Registrar with a computer tape, disk, or diskette that complies with the prescribed requirements; and b: the request for the information is otherwise in accordance with regulations made under this Act. 5: The information supplied pursuant to subsections (1) and (2) shall be supplied to any person who is charged with responsibilities in relation to the conduct of the official publicity campaign to be conducted on behalf of the Government of New Zealand before the taking of the binding referendum and who wishes to obtain the information for the purposes of that campaign. 5A: The information supplied pursuant to subsections (1) and (2) shall be supplied free of charge. 2: Nothing in this section derogates from the rights conferred, by section 64B(5) of the Electoral Act 1956 The ballot 14: Method of voting Every voter at the binding referendum shall vote by marking the voting paper with a tick within the circle immediately after the proposal for which the voter wishes to vote. 1991 No 152 s 15(1) 15: Procedure after close of poll 1: Section 111(1) of the Electoral Act 1956 ii: all the counterfoils of ballot and voting papers that have been issued to voters and all the unused ballot and voting papers; and iii: all the spoilt ballot and voting papers: . 2: Section 111(1) of the Electoral Act 1956 e: he shall make up into separate parcels— i: the used ballot papers, together with (but in separate bundles) the ballot papers set aside as informal, and the ballot papers and voting papers set aside under section 109 ii: a certificate signed by the Deputy Returning Officer and by such of the scrutineers as are present and consent to sign it of the number of votes received by each candidate, the number of ballot papers set aside as informal, the number of ballot papers and voting papers set aside under section 109 f: he shall make up into separate parcels— i: the used voting papers, together with (but in separate bundles) the voting papers set aside as informal; and ii: a certificate or certificates signed by the Deputy Returning Officer and such of the scrutineers as are present and consent to sign the certificate or certificates, which shall certify the number of votes recorded for each proposal, the number of voting papers set aside as informal, the number of voting papers delivered to special voters, the number of unused voting papers, and the number of voting papers originally delivered to the Deputy Returning Officer. 3: Section 111 of the Electoral Act 1956 4: The Deputy Returning Officer at each polling booth may defer the performance of the duties required by this section in connection with the votes cast at the binding referendum until the duties required by this section in respect of the electoral poll conducted on the same day have been completed. 16: Counting the votes Section 115 of the Electoral Act 1956 1A: The procedure set out in subsection (1) need not be delayed until the inquiries under subsection (2) of section 113, or the inquiries as to the qualifications of persons casting a special vote at the election, have been completed, and the used voting papers from any particular voting booth may be counted while any inquiries in respect of voting papers from that booth or in respect of the qualifications of persons casting a special vote at the referendum are being completed, but the count shall not be completed until those inquiries have been completed. 1991 No 152 s 17 Declaration of result by Returning Officer 17: Declaration of result of binding referendum 1: Where all the voting papers have been dealt with in accordance with section 115 of the Electoral Act 1956 VOTING SYSTEM PROPOSALS 2: Section 116 of the Electoral Act 1956 1991 No 152 s 18 Recount 18: Application to District Court Judge for recount If any result of the binding referendum in any electoral district is disputed on the ground that the public declaration by the Returning Officer in accordance with section 17(1) a: any 6 electors may, within 3 working days after the public declaration, apply to a District Court Judge for a recount of the votes: b: every such application shall be accompanied by a deposit of $200 (which deposit is inclusive of goods and services tax): c: the District Court Judge shall cause a recount of the votes to be commenced within 3 working days of receiving the application, and shall give notice in writing to the applicants and to any scrutineers appointed under section 10 d: section 117(4) to (9) and section 118 of the Electoral Act 1956 1991 No 152 s 19 Declaration of result by Chief Electoral Officer 19: Declaration of result 1: After the Returning Officer has made a public declaration in accordance with section 17(1) a: the number of informal votes cast in respect of the voting paper; and b: the total number of valid votes cast in respect of the voting paper; and c: the number of valid votes recorded for each proposal in the voting paper. 2: On receipt of the statements from all Returning Officers and on or before 28 February 1994, the Chief Electoral Officer shall ascertain the total number of valid votes cast for each of the voting system proposals. 3: If a majority of the valid votes cast favour the proposal to introduce the proposed mixed member proportional system as provided in the Electoral Act 1993 4: In the event that the majority of valid votes cast favour the proposal to retain the present (first-past-the-post) system as provided in the Electoral Act 1956 Electoral Act 1956 5: After ascertaining the results of the referendum in accordance with the provisions of this section, the Chief Electoral Officer shall declare, by notice in the Gazette a: the results of the referendum; and b: whether the proposal to introduce the proposed mixed member proportional system as provided in the Electoral Act 1993 1991 No 152 s 20 Petitions 20: Sections of Electoral Act 1956 applied 1: The sections of the Electoral Act 1956 section 21 2: The sections of the Electoral Act 1956 referred to in subsection (1) are sections 158 to 160, 161, 162(1), (2), (4), (5), 166, 167, 168, 173 to 181, 182(1)(a) and (b), and 183 1991 No 152 s 22 21: Petition for inquiry 1: Where any 50 electors in an electoral district are dissatisfied with the result of the binding referendum in their district, they may, within 20 working days after the Returning Officer has made a public declaration in accordance with section 17(1) 2: If the petition complains of the conduct of a Returning Officer or Registrar of Electors, the person complained of shall be a respondent to the petition. 3: The petition shall allege the specific grounds on which the complaint is founded, and no other grounds than those stated shall be investigated, except by leave of the Court and upon reasonable notice being given, which leave may be given upon such terms and conditions as the Court considers just: provided that evidence may be given that the total number of votes cast for any proposal was higher or lower than that given in the public declaration made pursuant to section 17(1) 4: Such petition shall be in form 5 5: The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. 1991 No 152 s 23 Rolls and declarations 22: Common use of rolls and declarations 1: It shall be lawful, for the purposes of conducting the binding referendum, to use the same copies of— a: any main or supplementary roll; or b: any master roll; or c: any certified roll,— as are used in connection with the poll of electors in each electoral district for the return of a member of Parliament and Part 4 of the Electoral Act 1956 2: For the purposes of conducting the binding referendum, it shall not be necessary to require any elector wishing to cast a special vote to complete any additional statement or declaration, if he or she completes the appropriate statement or declaration required by the Electoral Regulations 1993 Miscellaneous provisions 23: Interfering with or influencing voters 1: Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $5,000 who, at the binding referendum,— a: in any way interferes with any elector, either in the polling booth or while the elector is on the way to the polling booth, with the intention of influencing the elector or advising the elector as to the elector's vote: b: at any time on the day on which the referendum is held before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the binding referendum, by any means whatsoever: c: at any time on the day on which the referendum is held before the close of the poll makes any statement having direct or indirect reference to the binding referendum, by means of any loudspeaker or public address apparatus or cinematograph or television apparatus: provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 i: any advertisement placed by the Chief Electoral Officer or a Returning Officer; or ii: any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 iii: any news in relation to the binding referendum: d: at any time before the close of the poll, conducts in relation to the binding referendum a public opinion poll of persons voting before the day on which the referendum is held: e: at any time on the day on which the referendum is held before the close of the poll, conducts a public opinion poll in relation to the binding referendum: f: at any time on the day on which the referendum is held before the close of the poll, or at any time on any of the 3 days immediately preceding that day, prints or distributes or delivers to any person any thing being or purporting to be in imitation of the voting paper to be used at the poll, together with any direction or indication as to the proposal for which the elector should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote: g: at any time on the day on which the referendum is held before the close of the poll exhibits in or in view of any public place, or publishes or distributes or broadcasts,— i: any statement advising or intended or likely to influence any elector as to the proposal for which the elector should or should not vote; or ii: any statement advising or intended or likely to influence any elector to abstain from voting; or iii: any name, emblem, slogan, or logo identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal; or iv: any ribbons, streamers, rosettes, or items of a similar nature in colours that are identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal: provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before the day on which the referendum is held: provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the binding referendum and which is so exhibited before the day on which the referendum is held in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party or of a proponent of a proposal to which the binding referendum relates, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on the day on which the referendum is held: provided further that this paragraph shall not restrict the publication of the name of any political party or of any proponent of a proposal to which the binding referendum relates in any news which relates to the binding referendum and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, that are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in colours that are identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal or to a lapel badge worn by any person (not being an electoral official): h: at any time on the day on which the referendum is held before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation voting paper) having thereon the proposals to which the binding referendum relates or any of them: i: exhibits or leaves in any polling booth any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting: j: subject to any regulations made under this Act, at any time on the day on which the referendum is held before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,— i: gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election: ii: permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election. 2: It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that— a: the exhibition was inadvertent; and b: the defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a Deputy Returning Officer that the exhibition was taking place. 3: Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act or the Electoral Act 1956 4: Section 127 of the Electoral Act 1956 1991 No 152 s 28 24: Power to remove statements, names, emblems, slogans, or logos 1: The Returning Officer may at any time on the day on which the referendum is held before the close of the poll cause to be removed or obliterated— a: any statement advising or intended or likely to influence any elector as to the proposal for which the elector should or should not vote; or b: any statement advising or intended or likely to influence any elector to abstain from voting; or c: any name, emblem, slogan, or logo identified with any political party or with any proposal to which the binding referendum relates or any proponent of any such proposal,— which is exhibited in or in view of any public place. 2: Nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in colours that are identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal or to a lapel badge worn by any person. 3: Nothing in subsection (1) shall apply to a statement, name, emblem, slogan, or logo which does not relate specifically to the binding referendum and which was so exhibited before the day on which the referendum is held in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party or of a proponent of a proposal to which the binding referendum relates. 4: All expenses incurred by the Returning Officer in carrying out the power conferred by subsection (1) may be recovered by the Returning Officer from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the Crown. 5: Section 127A of the Electoral Act 1956 1991 No 152 s 29 25: Offences 1: Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $2,000 who, at the binding referendum,— a: except in accordance with any regulations made under the Electoral Act 1956 b: does or omits to do an act (other than an act to which section 23 Electoral Act 1956 2: Section 126(g) of the Electoral Act 1956 1991 No 152 s 30 26: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: applying, with or without modifications, for the purposes of this Act, any of the following provisions: i: the provisions of sections 111 to 115 sections 121 to 123 section 147A, of the Electoral Act 1956 ii: the provisions of any regulations made under the Electoral Act 1956 b: prescribing forms for the purposes of this Act: c: prescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside New Zealand) at the binding referendum: d: prescribing conditions upon or subject to which special voters may vote at the binding referendum: e: prescribing, for the purposes of the binding referendum, different methods of voting for different classes of special voters: f: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 1991 No 152 s 31

DLM328332

1993

Estate and Gift Duties Amendment Act 1993

1: Short Title This Act may be cited as the Estate and Gift Duties Amendment Act 1993, and shall be read together with and deemed part of the Estate and Gift Duties Act 1968 2: 3: Exemption for certain dispositions of matrimonial property 1: This subsection substituted section 75A(5) 2: This section shall apply with respect to dispositions of property by or pursuant to any order of the Court that is made under section 25 Matrimonial Property Act 1976 4: Objections to assessments 1: This section repealed section 90(3) 2: This section shall apply with respect to objections lodged on or after the 1st day of April 1994. 5: New sections substituted 1: 2: The following enactments are hereby consequentially repealed: a: Section 8 of the Estate and Gift Duties Amendment Act 1971 b: Section 2(2) of the Estate and Gift Duties Amendment Act (No 2) 1974 c: Section 11 of the Estate and Gift Duties Amendment Act 1976 d: Section 2(3) Estate and Gift Duties Amendment Act 1979 3: This section shall apply with respect to objections lodged on or after the 1st day of April 1994. 6: Test case procedure 1: This subsection inserted section 92A 2: This section shall apply with respect to objections lodged on or after the 1st day of April 1994.

DLM323597

1993

Financial Reporting Act 1993

1: Short Title and commencement 1: This Act may be cited as the Financial Reporting Act 1993. 2: Except as provided in subsection (3), this Act shall come into force on the date on which it receives the Royal assent. 3: Part 2 section 12 Part 4 section 43 Schedule 2 1: Interpretation and application 2: Interpretation 1: In this Act, unless the context otherwise requires,— accounting period applicable financial reporting standard section 28(4) auditing and assurance standard section 24 balance date section 7 Board section 22 chief executive section 2 company a: section 2 of the Companies Act 1955 b: section 2 as the case may be, and includes an overseas company Crown section 2 Crown entity section 10 department section 2 director a: in relation to a company, a person occupying the position of a director of the company by whatever name called: b: in relation to a partnership (other than a special partnership or limited partnership c: in relation to a special partnership or limited partnership d: in relation to a body corporate or unincorporate, other than a company or a partnership or a special partnership or limited partnership e: in relation to a unit trust (within the meaning of section 2 f: in relation to any other person, that person entity a: a company; or b: an issuer equity security a: an interest in or right to a share in the share capital of a company; or b: an interest in or right to participate in any distribution of profits or surplus assets of a company;— and includes a preference share, company stock, and any renewal or variation of the terms and conditions of any existing equity security exempt company section 6A financial reporting standard section 24 financial statements section 8 FMA Part 2 Financial Markets Authority Act 2011 generally accepted accounting practice section 3 group group financial statements section 9 infringement fee infringement notice section 41B infringement offence section 38(b) 39 interim accounting period issuer section 4 licensed auditor section 6 licensed insurer section 6(1) local authority Local Government Act 2002 Minister Office of Parliament section 2 overseas company section 332 registered audit firm section 6 Registrar a: in relation to an issuer that is— i: a society; or ii: a branch of a society; or iii: a credit union— registered or deemed to be registered under the Friendly Societies and Credit Unions Act 1982 section 2 b: in relation to any other entity, the Registrar of Companies, the Deputy Registrar of Companies, a District Registrar of Companies, and an Assistant Registrar of Companies reporting entity a: an issuer; or b: a company, other than an exempt company; or c: a person that is required by any Act, other than this Act, to comply with this Act as if it were a reporting entity security a: an interest in or right to be paid money that is deposited with, lent to, or otherwise owing by any person (whether or not the interest or right is secured by a charge over property); and b: a renewal or variation of the terms or conditions of an existing security specified standard a: a financial reporting standard; or b: an auditing and assurance standard subsidiary section 158 of the Companies Act 1955 sections 5 to 8 turnover a: means, in relation to a company, the total annualised gross operating revenue of the company (exclusive of any tax required to be collected) reported in the statement of financial performance, income and expenditure statement, or revenue and appropriation account, as the case may be, for the accounting period for which the financial statements are required; and includes (without limitation) any sales, fee income, grants, output appropriations, cost recoveries, donations, dividends, interest, and subscriptions of the company for that accounting period: b: means, in relation to a group, the total annualised gross operating revenue of the group (exclusive of any tax required to be collected) reported in the consolidated statement of financial performance or consolidated income and expenditure statement, as the case may be, for the accounting period for which the financial statements are required; and includes (without limitation) any sales, fee income, grants, output appropriations, cost recoveries, donations, dividends, interest, and subscriptions of the group for that accounting period working day a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, and Waitangi Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with 2 January in the following year; and c: if 1 January in any year falls on a Friday, the following Monday; and d: if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday. 2: Where the last day of the period prescribed under section 18 section 19 a: in the case of financial statements that are required to be delivered to the Registrar of Friendly Societies and Credit Unions, the office of the Registrar of Friendly Societies and Credit Unions is situated; or b: in the case of any other reporting entity, the office of the appropriate Deputy Registrar of Companies or District Registrar of Companies or Assistant Registrar of Companies is situated— the financial statements or group financial statements may be delivered on the next working day. Section 2(1) applicable financial reporting standard substituted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) approved financial reporting standard repealed 1 July 2011 section 5(1) Financial Reporting Amendment Act 2011 Section 2(1) auditing and assurance standard inserted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) Board substituted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) Crown entity substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) director amended 2 May 2008 section 121(1) Limited Partnerships Act 2008 Section 2(1) director amended 2 May 2008 section 121(1) Limited Partnerships Act 2008 Section 2(1) director amended 2 May 2008 section 121(1) Limited Partnerships Act 2008 Section 2(1) director substituted 1 October 1997 section 2 Financial Reporting Amendment Act (No 2) 1996 Section 2(1) exempt company substituted 22 November 2006 section 4(1) Financial Reporting Amendment Act 2006 Section 2(1) financial reporting standard inserted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) FMA inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) infringement fee inserted 18 June 2007 section 4(2) Financial Reporting Amendment Act 2006 Section 2(1) infringement notice inserted 18 June 2007 section 4(2) Financial Reporting Amendment Act 2006 Section 2(1) infringement offence inserted 18 June 2007 section 4(2) Financial Reporting Amendment Act 2006 Section 2(1) licensed auditor inserted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) licensed insurer , on 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Minister substituted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) registered audit firm inserted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) reporting entity substituted 7 August 1996 section 2 Financial Reporting Amendment Act 1996 Section 2(1) specified standard inserted 1 July 2011 section 5(2) Financial Reporting Amendment Act 2011 Section 2(1) turnover substituted 21 January 2007 section 4(3) Financial Reporting Amendment Act 2006 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 3: Meaning of generally accepted accounting practice For the purposes of this Act, financial statements and group financial statements comply with generally accepted accounting practice only if those statements comply with— a: applicable financial reporting standards; and b: in relation to matters for which no provision is made in applicable financial reporting standards and that are not subject to any applicable rule of law, accounting policies that— i: are appropriate to the circumstances of the reporting entity; and ii: have authoritative support within the accounting profession in New Zealand. 4: Meaning of issuer 1: In this Act, issuer a: every person who has, whether before or after the commencement of this Act, allotted securities pursuant to— i: an offer for which, or for which but for an exemption granted by the FMA or the Securities Commission under the Securities Act 1978 or an interest in a KiwiSaver scheme other than a restricted scheme ii: an offer required to be contained in a prospectus required to be registered under the Companies Act 1955 whether or not the securities allotted are securities of the same type as the securities offered: ab: every manager of a KiwiSaver scheme other than a restricted scheme (within the meaning of the KiwiSaver Act 2006 Securities Act 1978 b: every manager of a unit trust (within the meaning of section 2 Securities Act 1978 ba: every recipient of money from a conduit issuer (within the meaning of section 4A c: every person who is a party to a listing agreement with a stock exchange in New Zealand and who has issued securities which are quoted on such an exchange: d: every insurer to whom Part 10 Accident Compensation Act 2001 da: every licensed insurer (other than a Lloyd's underwriter within the meaning of the Insurance (Prudential Supervision) Act 2010 section 238(1)(b) e: every operator within the meaning of the Retirement Villages Act 2003 2: Every registered bank (within the meaning of section 2(1) Securities Act 1978 3: In this section references to securities that have been issued or allotted are to be taken as references to securities that have not been cancelled, redeemed, forfeited, or in respect of which obligations owing under them have not been discharged. 4: Subsection (2) shall come into force on a date to be appointed by the Governor-General by Order in Council. Section 4(1) substituted 1 October 1997 section 3 Financial Reporting Amendment Act (No 2) 1996 Section 4(1)(a)(i) amended 1 May 2011 section 56 KiwiSaver Amendment Act 2011 Section 4(1)(a)(i) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 4(1)(ab) inserted 1 May 2011 section 56 KiwiSaver Amendment Act 2011 Section 4(1)(ba) inserted 11 August 2007 section 5 Financial Reporting Amendment Act 2006 Section 4(1)(d) substituted 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 4(1)(d) amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 4(1)(da) , on 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 4(1)(e) added 1 May 2007 section 109(1) Retirement Villages Act 2003 4A: Recipients of money from conduit issuers 1: In section 4 recipient of money from a conduit issuer a: the person is related to another person (the conduit issuer b: the conduit issuer raises an amount of money by the issue of securities offered to the public within the meaning of the Securities Act 1978 c: that money is raised as part of a scheme or arrangement under which 75% or more of that money is provided, directly or indirectly and whether by 1 transaction or a series of transactions, for the use of— i: the person; or ii: the person and 1 or more third persons that are related to the person; and d: the money that is provided to the person under paragraph (c) is 10% or more of the money that is raised under paragraph (b); and e: all or part of the money that is provided under paragraph (c) has not yet been repaid or returned to the conduit issuer. 2: In subsection (1),— a: a person is related to another person if— i: they are acting jointly or in concert; or ii: either person acts, or is accustomed to act, in accordance with the wishes of the other person; or iii: they are related companies within the meaning of section 2(3) iv: either person is able, directly or indirectly, to exert a substantial degree of influence over the activities of the other; or v: they are both, directly or indirectly, under the control of the same person; but b: a director of a company or other body corporate is not related to that company or body corporate merely because he or she is a director of that company or body corporate. Section 4A inserted 18 June 2007 section 6 Financial Reporting Amendment Act 2006 4B: Exemption from being issuer under section 4(1)(ba) 1: The FMA a: a person from being an issuer under section 4(1)(ba) b: a class of persons from being issuers under section 4(1)(ba) 2: The exemption may be granted on any terms and conditions that the FMA 3: The FMA 4: An exemption is a disallowable instrument under the Legislation Act 2012 section 41 5: A class exemption must be published under section 6 class exemption 6: An exemption that is not a class exemption under subsection (5) must, as soon as practicable after being granted, be— a: published on an Internet site maintained by or on behalf of the FMA; and b: notified in the Gazette c: made available in printed form for purchase on request by members of the public. 7: A notification in the Gazette Section 4B inserted 18 June 2007 section 6 Financial Reporting Amendment Act 2006 Section 4B(1) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 4B(1) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 4B(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 4B(3) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 4B(4) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 4B(5) inserted 5 August 2013 section 77(3) Legislation Act 2012 Section 4B(6) inserted 5 August 2013 section 77(3) Legislation Act 2012 Section 4B(7) inserted 5 August 2013 section 77(3) Legislation Act 2012 4C: Exemption may apply to accounting period before exemption is granted An exemption under section 4B FMA Section 4C inserted 18 June 2007 section 6 Financial Reporting Amendment Act 2006 Section 4C amended 1 May 2011 section 82 Financial Markets Authority Act 2011 4D: FMA must notify reasons for exemption The FMA's reasons for granting an exemption under section 4B Section 4D amended 5 August 2013 section 77(3) Legislation Act 2012 5: Persons ceasing to be issuers during accounting period 1: Where a person ceases to be an issuer during an accounting period, that person shall be deemed to continue to be an issuer in relation to that accounting period for the purposes of this Act. 2: However, this section does not apply to a person who ceases to be an issuer as a result of an exemption under section 4B Section 5(2) added 11 August 2007 section 7 Financial Reporting Amendment Act 2006 6: Certain persons not issuers None of the following is an issuer for the purposes of this Act: a: the Crown: b: a local authority: c: the Board of Trustees of the National Provident Fund continued in existence under section 12 d: the Reserve Bank of New Zealand continued in existence under section 5 e: f: a company within the meaning of section 2(1) of the Companies Act 1955 g: a company within the meaning of section 2(1) Section 6(e) repealed 1 October 1997 section 4 Financial Reporting Amendment Act (No 2) 1996 6A: Meaning of exempt company 1: In this Act, exempt company a: at least 2 of the following subparagraphs apply: i: as at the balance date of the accounting period for which financial statements are required, the value of the total assets of the company (including intangible assets) reported in the statement of financial position did not exceed $1,000,000: ii: in the accounting period for which financial statements are required, the turnover of the company did not exceed $2,000,000: iii: as at the balance date of the accounting period for which financial statements are required, the company has 5 or fewer full-time equivalent employees; and b: as at the balance date of the accounting period for which financial statements are required, the company— i: was not a subsidiary of another body corporate or association of persons; and ii: did not have any subsidiaries. 2: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: amending the maximum amount of assets that applies under subsection (1)(a)(i): b: amending the maximum amount of turnover that applies under subsection (1)(a)(ii): c: amending the maximum number of full-time equivalent employees that applies under subsection (1)(a)(iii). 3: In counting employees for the purposes of subsection (1), part-time employees must be taken into account as an appropriate fraction of a full-time equivalent. Section 6A inserted 22 November 2006 section 8 Financial Reporting Amendment Act 2006 7: Meaning of balance date 1: In this Act, the term balance date 2: Subject to subsections (3) and (4), an entity must have a balance date in each calendar year. 3: An entity need not have a balance date in the calendar year in which it is formed or incorporated if its first balance date is in the following calendar year and is not later than 15 months after the date of its formation or incorporation. 4: If an entity changes its balance date, it need not have a balance date in a calendar year if— a: the period between any 2 balance dates does not exceed 15 months; and b: the Registrar approves the change of balance date before it is made. 5: The Registrar may approve a change of balance date with or without conditions. 6: If an entity changes its balance date, the period between any 2 balance dates must not exceed 15 months. 7: The board of a reporting entity (not being an issuer) that is a company must ensure that, unless in the board's opinion there are good reasons against it, the balance date of each subsidiary of the company is the same as the balance date of the company. 8: The board of an issuer must ensure that the balance date of the issuer is the same as the balance date of its subsidiaries. 9: Subject to subsection (11), the Registrar may, by notice in writing and subject to such conditions as the Registrar thinks fit, exempt an issuer from subsection (8) either completely or in relation to a subsidiary or a class of subsidiaries. 10: The existence of the exemption must be stated in a note to the consolidated statement of financial position 11: If the balance date of a subsidiary of a reporting entity is not the same as that of the reporting entity, the balance date of the subsidiary for the purposes of any particular group financial statements must be that preceding the balance date of the reporting entity. Section 7(10) amended 1 October 1997 section 2 Financial Reporting Amendment Act 1997 8: Meaning of financial statements 1: In this Act, the term financial statements a: a statement of financial position b: in the case of— i: an entity trading for profit, a statement of financial performance ii: an entity not trading for profit, an income and expenditure statement for the entity in relation to the accounting period ending at the balance date; and iii: an entity that is a building society within the meaning of the Building Societies Act 1965 c: if, in the case of a reporting entity, an applicable financial reporting standard requires a statement of cash flows for the reporting entity, a statement of cash flows for the reporting entity in relation to the accounting period ending on the balance date,— together with any notes or documents giving information relating to the statement of financial position 2: In this Act, the term financial statements 3: Where the Registrar notifies an overseas company that he or she is satisfied that the financial statements of the overseas company that comply with subsection (1) comply with subsection (2), those financial statements shall be taken to comply with subsection (2). Section 8(1) amended 1 October 1997 section 3(1) Financial Reporting Amendment Act 1997 Section 8(1)(b)(i) amended 1 October 1997 section 3(2) Financial Reporting Amendment Act 1997 Section 8(2) substituted 1 July 1994 Financial Reporting Amendment Act 1994 9: Meaning of group financial statements 1: In this Act, the term group financial statements a: a consolidated statement of financial position b: where a member of the group trades for profit, a consolidated statement of financial performance c: where no member of the group trades for profit, a consolidated income and expenditure statement for the group in relation to the accounting period ending on that balance date; and d: if an applicable financial reporting standard requires a consolidated statement of cash flows for the group, a consolidated statement of cash flows for the group in relation to the accounting period ending on that balance date,— together with any notes or documents giving information relating to the statement of financial position 2: In this Act, the term group financial statements 3: Where the Registrar notifies an overseas company that he or she is satisfied that the financial statements of the group that comply with subsection (1) comply with subsection (2), those financial statements shall be taken to comply with subsection (2). Section 9(1) amended 1 October 1997 section 4(a) Financial Reporting Amendment Act 1997 Section 9(1)(a) amended 1 October 1997 section 4(a) Financial Reporting Amendment Act 1997 Section 9(1)(b) amended 1 October 1997 section 4(b) Financial Reporting Amendment Act 1997 Section 9(2) substituted 1 July 1994 Financial Reporting Amendment Act 1994 9A: Application to certain issuers 1: For the purposes of this Act, a requirement on the directors of an issuer of securities in relation to a scheme within the meaning of section 2 a: if the liabilities of the issuer and the scheme are not limited to a particular group of assets (in this section referred to as a separate fund b: if the liabilities of the issuer or the scheme are limited to a separate fund, financial statements in respect of both the scheme and that fund. 2: For the purposes of this Act, a requirement on the trustees of a superannuation scheme that is registered under the Superannuation Schemes Act 1989 , including a restricted KiwiSaver scheme (within the meaning of the KiwiSaver Act 2006 a: if the liabilities of the trustee and the scheme are not limited to a separate fund, financial statements in respect of the scheme; or b: if the liabilities of the trustee or the scheme are limited to a separate fund, financial statements in respect of both the scheme and that fund. 3: Where the liability of an issuer that is a life insurance company to satisfy its obligations under any securities (as distinct from calculating the returns on the securities) is limited to a separate fund (whether the fund or the limitation is created by statute or by contract or otherwise), then, for the purposes of this Act, a requirement on the directors of the issuer to prepare and register financial statements shall be construed as including a requirement to prepare and register (in addition to financial statements in respect of the issuer itself), financial statements in respect of each such fund. 4: Subsection (5) applies if— a: the financial statements of an operator of a retirement village (as those terms are defined in sections 5 6 i: more than 1 retirement village; or ii: another trading activity that operates independently of the retirement village; and b: either the statutory supervisor of the retirement village, or (if the operator is exempted under section 41 5: If this subsection applies, any requirement for an operator of a retirement village to prepare financial statements includes— a: a requirement to prepare financial statements in respect of the retirement village as well as in respect of the operator; and b: a requirement to lodge a copy of both statements, within 20 working days after the financial statements are required to be signed,— i: with the statutory supervisor of the retirement village (if there is one); or ii: if the operator is exempted from appointing a statutory supervisor, with the Registrar or with any person the Registrar appoints under a condition of that exemption. Section 9A inserted 1 October 1997 section 5 Financial Reporting Amendment Act (No 2) 1996 Section 9A(2) amended 1 May 2011 section 56 KiwiSaver Amendment Act 2011 Section 9A(4) added 1 May 2007 section 109(2) Retirement Villages Act 2003 Section 9A(5) added 1 May 2007 section 109(2) Retirement Villages Act 2003 2: Financial statements Preparation of financial statements 10: Obligation to prepare financial statements 1: The directors of every reporting entity must ensure that, within 5 months after the balance date of the entity or, where the entity is required by any other Act to prepare financial statements or accounts within a shorter period after the end of its financial year or balance date, within that period, financial statements that comply with section 11 a: completed in relation to the entity and that balance date; and b: dated and signed on behalf of the directors by 2 directors of the entity, or, if the entity has only 1 director, by that director. 2: The directors of every exempt company must ensure that within 5 months after the balance date of the company or, if all the members or shareholders of the company agree, within 9 months after the balance date of the company, financial statements that comply with section 12 a: completed in relation to the company and that balance date; and b: dated and signed on behalf of the directors by 2 directors of the company, or, if the company has only 1 director, by that director. Section 10 substituted 1 July 1994 section 5 Financial Reporting Amendment Act 1994 10A: Non-active entities not required to prepare financial statements 1: The directors of an entity do not have to comply with section 10 19 a: was a non-active entity in respect of that accounting period; and b: has, within the specified period, delivered to the Registrar a declaration, in the prescribed form, stating that it was a non-active entity in respect of that accounting period. 2: For the purposes of this section, an entity is a non-active entity a: has not derived, or been deemed to have derived, any income; and b: has no expenses; and c: has not disposed of, or been deemed to have disposed of, any assets; and d: has not been a party to, perpetuated, or continued with, any transactions that, during the period, give rise to obligations under the Income Tax Act 2004 3: In determining whether an entity is a non-active entity, no account may be taken of any— a: statutory company filing fees or associated accounting or other costs; or b: bank charges or other minimal administration costs totalling not more than $50 in the accounting period; or c: interest earned on any bank account during the accounting period, to the extent that the total interest does not exceed the total of any charges or costs incurred by the entity to which paragraph (b) applies. 4: In this section, specified period section 10 Section 10A inserted 18 June 2007 section 9 Financial Reporting Amendment Act 2006 11: Content of financial statements of reporting entities 1: The financial statements of a reporting entity must comply with generally accepted accounting practice. 2: If, in complying with generally accepted accounting practice, the financial statements do not give a true and fair view of the matters to which they relate, the directors of the reporting entity must add such information and explanations as will give a true and fair view of those matters. 3: Where the Registrar of Companies notifies a reporting entity that is incorporated or constituted outside New Zealand that the Registrar is satisfied that— a: the financial statements of the reporting entity comply with the requirements of the law in force in the country where the reporting entity is incorporated or constituted; and b: those requirements are substantially the same as those of this Act,— those financial statements shall be taken to comply with this section and every applicable financial reporting standard. Section 11(3) substituted 1 July 1994 Financial Reporting Amendment Act 1994 12: Content of financial statements of exempt companies 1: The financial statements of an exempt company must either— a: be in the form and contain the particulars and comply with the directions as to the preparation of those statements prescribed by the Governor-General by Order in Council; or b: comply with section 11 2: For the purposes of subsection (1)(a), the Governor-General a: the form of; and b: the particulars to be contained in; and c: directions to be complied with in the preparation of— financial statements of exempt companies. 3: Before making any recommendation for the purposes of subsection (2), the Minister shall do everything reasonably possible to advise such organisations as, in his or her opinion, have a professional interest in the terms of any order made under that subsection of the proposed terms of the order, and shall give those organisations a reasonable opportunity to make submissions to him or her. 4: Failure to comply with subsection (3) does not affect the validity of any order made under subsection (2). 5: Every order made under subsection (2) shall commence to apply in relation to accounting periods commencing on or after the date on which the order takes effect. Section 12(1) substituted 15 April 2004 section 4(1) Financial Reporting Amendment Act 2004 Section 12(2) amended 15 April 2004 section 4(2) Financial Reporting Amendment Act 2004 Section 12(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 13: Obligation to prepare group financial statements 1: Subject to subsection (2), the directors of a reporting entity that has, on the balance date of the entity, 1 or more subsidiaries, must, in addition to complying with section 10 section 14 a: completed in relation to that group and that balance date; and b: dated and signed on behalf of the directors by 2 directors of the entity, or, if the entity has only 1 director, by that director. 2: Group financial statements are not required in relation to a reporting entity that is a company if, on the balance date of the company, the company is not an issuer and the only shareholders of the company a reporting entity that is a: a body corporate that is incorporated in New Zealand or a nominee of such a body corporate; or b: a body corporate that is incorporated in New Zealand or a nominee of such a body corporate and a subsidiary of such a body corporate or a nominee of such a subsidiary. Section 13(2) amended 22 November 2006 section 10 Financial Reporting Amendment Act 2006 Section 13(2) amended 3 May 2001 section 3 Financial Reporting Amendment Act 2001 14: Content of group financial statements 1: The financial statements of a group must comply with generally accepted accounting practice. 2: If, in complying with generally accepted accounting practice, the group financial statements do not give a true and fair view of the matters to which they relate, the directors of the reporting entity must add such information and explanations as will give a true and fair view of those matters. 3: In any case where a subsidiary became a subsidiary of a reporting entity during the accounting period to which the group financial statements relate, the consolidated statement of financial performance 4: Subject to subsection (3), where the balance date of a subsidiary of a reporting entity is not the same as that of the reporting entity, the group financial statements must— a: if the balance date of the subsidiary does not precede that of the reporting entity by more than 3 months, incorporate the financial statements of the subsidiary for the accounting period ending on that date, or incorporate interim financial statements of the subsidiary completed in respect of a period that is the same as the accounting period of the reporting entity; or b: in any other case, incorporate interim financial statements of the subsidiary completed in respect of a period that is the same as the accounting period of the reporting entity. 5: Where the Registrar of Companies notifies a reporting entity that is incorporated or constituted outside New Zealand that the Registrar is satisfied that— a: the group financial statements of the group that comprises the reporting entity and its subsidiaries comply with the law in force in the country where the reporting entity is incorporated or constituted; and b: those requirements are substantially the same as those of this Act,— those financial statements shall be taken to comply with this section and every applicable financial reporting standard. 6: Subject to subsection (3), group financial statements must, except where otherwise required by an applicable financial reporting standard, incorporate the financial statements of every subsidiary of the reporting entity. Section 14(3) amended 1 October 1997 section 5 Financial Reporting Amendment Act 1997 Section 14(5) substituted 1 July 1994 Financial Reporting Amendment Act 1994 15: Financial statements of issuers and group financial statements of issuers to be audited 1: The directors of an issuer must ensure that the financial statements of the issuer and, if the issuer is required to complete group financial statements, the group financial statements are audited. 2: The financial statements and any group financial statements must be audited— a: by a licensed auditor; or b: by a registered audit firm; or c: if the issuer is a public entity under the Public Audit Act 2001 3: This section shall not apply in respect of a superannuation scheme that is registered under the Superannuation Schemes Act 1989 section 13 Section 15(2) replaced 1 July 2012 section 6(1) Financial Reporting Amendment Act 2011 Section 15(3) added 1 October 1997 section 6 Financial Reporting Amendment Act (No 2) 1996 16: Auditor's report on reporting entities 1: Where, pursuant to section 15 Companies Act 1955 Companies Act 1993 a: the work done by the auditor; and b: the scope and limitations of the audit; and c: the existence of any relationship (other than that of auditor) which the auditor has with, or any interests which the auditor has in, the reporting entity or any of its subsidiaries; and d: whether the auditor has obtained all information and explanations that he or she has required; and e: whether, in the auditor's opinion, as far as appears from an examination of them, proper accounting records have been kept by the reporting entity; and f: whether, in the auditor's opinion, the financial statements and any group financial statements comply with generally accepted accounting practice, and if they do not, the respects in which they fail to comply; and g: whether, in the auditor's opinion and having regard to any information or explanations that may have been added by the reporting entity pursuant to section 11(2) section 14(2) 1A: Section 79 2: Where the auditor's report indicates that the requirements of this Act have not been complied with, the auditor must, within 7 working days after signing the report, send a copy of the report and a copy of the financial statements and any group financial statements to which it relates, to the Registrar who must, in turn, forthwith send copies of the report and statements to the Board and, if the reporting entity or group to which the report and statements relate is an issuer, to the FMA Section 16(1A) , on 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 16(2) substituted 28 July 1997 section 3 Financial Reporting Amendment Act (No 2) 1997 Section 16(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 17: Auditor's report on exempt companies Where, pursuant to the Companies Act 1955 Companies Act 1993 a: the work done by the auditor; and b: the scope and limitations of the audit; and c: the existence of any relationship (other than that of auditor) which the auditor has with, or any interests which the auditor has in, the exempt company; and d: whether the auditor has obtained all information and explanations that he or she has required; and e: whether, in the auditor's opinion, as far as appears from an examination of them, proper accounting records have been kept by the exempt company; and f: whether , in the auditor's opinion, section 12 Section 17(f) amended 28 July 1997 section 4 Financial Reporting Amendment Act (No 2) 1997 Registration of financial statements by issuers 18: Registration of financial statements by issuers 1: The directors of an issuer must ensure that, within 20 working days after the financial statements of the issuer and any group financial statements are required to be signed, copies of those statements together with a copy of the auditor's report on those statements are delivered to the Registrar for registration. 1A: Any financial statements to which subsection (1) applies and that are required for the purposes of this Act may also contain or be accompanied by financial statements and any auditor's report on those statements, that are required for the purposes of a prospectus under the Securities Act 1978 2: The issuer must, at the same time, pay to the Registrar the prescribed registration fee. 3: Any person may, on payment of the prescribed fee (if any), inspect the copies of an issuer's financial statements and auditor's report on those statements delivered to the Registrar under subsection (1). Section 18(1A) inserted 1 October 1997 section 7 Financial Reporting Amendment Act (No 2) 1996 Section 18(3) substituted 3 May 2001 section 4 Financial Reporting Amendment Act 2001 Registration of financial statements by overseas companies 19: Overseas companies and certain other companies to register financial statements 1: This section applies to— a: any company, other than an issuer, that is an overseas company; or b: any company, other than an issuer,— i: that is large; and ii: in which shares that in aggregate carry the right to exercise or control the exercise of 25% or more of the voting power at a meeting of the company are held by— A: a subsidiary of a company or body corporate incorporated outside New Zealand; or B: a company or body corporate incorporated outside New Zealand; or C: a person not ordinarily resident in New Zealand; or c: any company, other than an issuer, that is a subsidiary of a company or body corporate incorporated outside New Zealand. 2: However, this section does not apply to a company ( company A a: company A is a subsidiary of a company that is incorporated in New Zealand ( company B b: financial statements in relation to company B that comply with section 11 section 10 c: group financial statements in relation to a group comprising company B, company A, and all other subsidiaries of company B that comply with section 14 section 13 d: a copy of the financial statements referred to in paragraph (b) and a copy of the group financial statements referred to in paragraph (c), together with the auditor's report on those statements, are delivered to the Registrar for registration. 3: The directors of every company to which this section applies must— a: ensure that, within 20 working days after the financial statements of the company and any group financial statements in relation to a group comprising that company and its subsidiaries are required to be signed, copies of those statements, together with a copy of the auditor's report on those statements, are delivered to the Registrar for registration; and b: ensure that the company pays to the Registrar the prescribed registration fee at the same time. Section 19 substituted 21 January 2007 section 11 Financial Reporting Amendment Act 2006 19A: Interpretation for section 19 1: For the purposes of section 19 a: a person is ordinarily resident in New Zealand if that person— i: is domiciled in New Zealand; or ii: is living in New Zealand and the place where that person usually lives is, and has been for the immediately preceding 12 months, in New Zealand, whether or not that person has on occasions been away from New Zealand during that period: b: a company is large if at least 2 of the following subparagraphs apply: i: as at the balance date of the accounting period for which financial statements are required, the total assets (including intangible assets) of the company and its subsidiaries (if any) reported in the statement of financial position or consolidated statement of financial position (as the case may be) exceeds $10,000,000: ii: in the accounting period for which financial statements are required, the total turnover of the company and its subsidiaries (if any) exceeds $20,000,000: iii: as at the balance date of the accounting period for which financial statements are required, the company and its subsidiaries (if any) have 50 or more full-time equivalent employees: c: auditor's report section 199 d: a subsidiary does not include any company or body corporate or association of persons that is classified as a subsidiary in any applicable financial reporting standard. 2: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: amending the amount of assets that must be exceeded under subsection (1)(b)(i): b: amending the amount of turnover that must be exceeded under subsection (1)(b)(ii): c: amending the minimum number of full-time equivalent employees that applies under subsection (1)(b)(iii). 3: In counting employees for the purposes of subsection (1), part-time employees must be taken into account as an appropriate fraction of a full-time equivalent. Section 19A inserted 21 January 2007 section 11 Financial Reporting Amendment Act 2006 20: Fees The Governor-General may from time to time, by Order in Council,— a: prescribe the fees payable to the Registrar under section 18(2) or section 18(3) section 19(3) b: prescribe the amounts payable to the Registrar by way of penalty for failure to deliver financial statements or group financial statements and the auditor's report on those statements within the time prescribed by section 18(1) section 19(3) Section 20(a) amended 3 May 2001 section 5 Financial Reporting Amendment Act 2001 Section 20(b) amended 21 January 2007 section 12 Financial Reporting Amendment Act 2006 21: Application of this Part to accounting periods ending before person becomes an issuer Nothing in this Part requires the directors of an issuer, not being a company, to ensure the completion of financial statements and any group financial statements and the registration of those financial statements in relation to an accounting period that ended before the accounting period in which that person became an issuer. 3: External Reporting Board Part 3 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 22: Continuation of External Reporting Board 1: There continues to be an organisation to be called the External Reporting Board. 2: The External Reporting Board is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 4: The External Reporting Board is the same body as the Accounting Standards Review Board established under section 22 as in force immediately before its substitution by this section. 5: Unless the context otherwise requires, every reference to the Accounting Standards Review Board in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this section must, on and after that commencement, be read with all necessary modifications as a reference to the External Reporting Board. Section 22 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 23: Membership of Board 1: The Board consists of no fewer than 4 and not more than 9 members. 2: The Minister must not recommend a person for appointment as a member of the Board unless, in the opinion of the Minister, that person is qualified for appointment by reason of his or her knowledge of, or experience in, business, accounting, auditing, finance, economics, or law. 3: Subsection (2) does not limit section 29 4: Members of the External Reporting Board are the board for the purposes of the Crown Entities Act 2004 Section 23 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 24: Functions of Board 1: The Board has the following functions: a: to prepare and, if it thinks fit, issue financial reporting standards for the purposes of— i: this Act; or ii: the Crown Entities Act 2004 iii: the Public Finance Act 1989 iv: the Local Government Act 2002 v: any Act that requires a person to comply with this Act as if that person were a reporting entity: b: to prepare and, if it thinks fit, issue auditing and assurance standards for— i: the purposes of this Act; or ii: the purposes of the Auditor Regulation Act 2011 iii: the purposes of any enactment that requires a person to comply with those standards; or iv: the purposes of any rules or codes of ethics of an association of accountants that require its members to comply with those standards; or v: any other purpose approved by the Minister by notice in writing to the Board: c: to develop and implement strategies for the issue of specified standards in order to provide a framework for the Board's overall direction in the setting of standards (including developing and implementing a strategy for tiers of financial reporting in accordance with sections 34 to 34D d: to give directions or guidance as to the accounting policies that have authoritative support within the accounting profession in New Zealand: e: to prepare and, if it thinks fit, issue amendments to any specified standards: f: to liaise with international or national organisations that exercise functions that correspond with, or are similar to, those conferred on the Board. 2: For the avoidance of doubt, the function of the Board referred to in subsection (1)(a) includes the function of preparing and, if the Board thinks fit, issuing financial reporting standards that relate to prospective, summary, or interim financial information. Section 24 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 25: Board must act independently Except as expressly provided otherwise in this or another Act, the Board must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— a: this Act; and b: any other Act that expressly provides for the functions, powers, or duties of the Board (other than the Crown Entities Act 2004 Section 25 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 26: Consultation 1: The Board must not issue a specified standard, or an amendment to a specified standard, unless the Board has taken reasonable steps to consult with persons or organisations or representatives of persons or organisations who, in the opinion of the Board, would be affected by the issue of the standard or the amendment. 2: The Board must not issue a specified standard, or an amendment to a specified standard, that is likely to require the disclosure of personal information unless the Board has consulted the Privacy Commissioner. 3: Any failure to comply with subsection (1) or (2) does not affect the validity of the specified standard or the amendment. 4: In subsection (2),— personal information section 2 Privacy Commissioner section 2 5: This section does not limit section 16 17 Section 26 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 27: Financial reporting standards 1: Financial reporting standards may be expressed to apply in relation to— a: all reporting entities or groups; or b: specified reporting entities or groups; or c: the Crown; or d: all departments or offices of Parliament or Crown entities; or e: specified departments or offices of Parliament or Crown entities; or f: all local authorities; or g: specified local authorities; or h: accounting periods or interim accounting periods. 2: Financial reporting standards may— a: have general or specific application: b: differ according to differences in time or circumstance. 3: A financial reporting standard may classify a company as a subsidiary of another company where, although the company is not a subsidiary of that other company for the purposes of section 5 4: In subsection (3), company 5: The Board may determine that— a: a financial reporting standard that has not been issued so as to apply to a particular person (including a department or office of Parliament) or category of persons will apply to that person or category of persons in relation to the accounting periods or interim accounting periods that the Board may determine; or b: a financial reporting standard that applies to a particular person (including a department or office of Parliament) or category of persons will cease to apply to that person or category of persons in relation to the accounting periods or interim accounting periods that the Board may determine. Section 27 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 28: Miscellaneous matters relating to application of financial reporting standards 1: A financial reporting standard, an amendment to a financial reporting standard, or a determination under section 27(5) Gazette 2: However, a financial reporting standard, an amendment to a financial reporting standard, or a determination under section 27(5) Gazette a: the Board is satisfied that it is desirable to allow this subsection to apply because bringing the financial reporting standard, amendment, or determination into effect earlier than is provided in subsection (1) is necessary or desirable in order for 1 or more reporting entities or the directors of those entities to comply with the financial reporting or accounting standards issued or adopted by an international organisation (for example, the International Accounting Standards Board); and b: the notice under section 31 c: the directors of the reporting entity elect in writing that this subsection should apply in respect of the financial reporting standard, amendment, or determination. 3: A financial reporting standard, an amendment to a financial reporting standard, or a determination made under section 27(5) a: may be accounting periods or interim accounting periods that have commenced or that commence before the date on which the financial reporting standard, amendment, or determination takes effect; but b: must not be accounting periods or interim accounting periods that have ended or that end before the financial reporting standard, amendment, or determination takes effect. 4: However, if a financial reporting standard specifies that an election may be made under this subsection, any of the following may elect in writing that the standard will apply to a particular accounting period or interim accounting period that it would not otherwise apply to: a: the directors of a reporting entity: b: the Minister of Finance and the Secretary to the Treasury, in relation to financial statements for the Crown required to be prepared under the Public Finance Act 1989 c: the chief executive of a department: d: the chief executive of an office of Parliament: e: the chairperson and the chief executive of a Crown entity or, if no chairperson exists, the chief executive: f: the chief executive of a local authority. 5: If an election is made under subsection (4), the financial reporting standard will apply accordingly to the accounting period or interim accounting period in respect of the relevant reporting entity, the Crown, the department, the office of Parliament, the Crown entity, or the local authority (as the case may be). Section 28 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 29: Auditing and assurance standards 1: Auditing and assurance standards may— a: have general or specific application: b: differ according to differences in time or circumstance. 2: Auditing and assurance standards may (without limitation) include professional and ethical standards that govern the professional conduct of persons who are appointed or engaged to carry out audits or other assurance engagements. 3: An auditing and assurance standard or an amendment to an auditing and assurance standard takes effect on the 28th day after the date of the notification of the issue or amendment in the Gazette 4: An auditing and assurance standard or an amendment to an auditing and assurance standard commences to apply in relation to the accounting periods or interim accounting periods that the Board specifies in the standard or amendment, which periods— a: may be accounting periods or interim accounting periods that have commenced or that commence before the date on which the auditing and assurance standard or amendment takes effect; but b: must not be accounting periods or interim accounting periods that have ended or that end before the auditing and assurance standard or amendment takes effect. Section 29 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 30: Revocation of standard 1: The Board may revoke a specified standard. 2: Any revocation takes effect on the 28th day after the date of the notification of the revocation in the Gazette 3: The revocation of a specified standard applies in relation to the accounting periods or interim accounting periods that the Board specifies, which periods— a: may be accounting periods or interim accounting periods that have commenced or that commence before the date on which the revocation takes effect; but b: must not be accounting periods or interim accounting periods that have ended or that end before the revocation takes effect. 4: However, if the revocation of a financial reporting standard specifies that an election may be made under this subsection, any of the following may elect in writing that the revocation will apply to a particular accounting period or interim accounting period that it would not otherwise apply to: a: the directors of a reporting entity: b: the Minister of Finance and the Secretary to the Treasury, in relation to financial statements for the Crown required to be prepared under the Public Finance Act 1989 c: the chief executive of a department: d: the chief executive of an office of Parliament: e: the chairperson and the chief executive of a Crown entity or, if no chairperson exists, the chief executive: f: the chief executive of a local authority. 5: If an election is made under subsection (4), the revocation of the financial reporting standard will apply accordingly to the accounting period or interim accounting period in respect of the relevant reporting entity, the Crown, the department, the office of Parliament, the Crown entity, or the local authority (as the case may be). Section 30 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 31: Public notice 1: The Board must give notice of— a: the issue of a specified standard; and b: the amendment of a specified standard; and c: any determination made under section 27(5) d: the revocation of a specified standard or of any amendment to any specified standard. 2: A notice under this section— a: must be given in the Gazette b: may be given in any other publications that the Board considers appropriate for that purpose. 3: A notice under this section must— a: identify the specified standard or the amendment to the specified standard (as the case may be) but need not incorporate it in the notice: b: identify the financial reporting standard to which the determination relates, but need not incorporate it in the notice: c: identify the specified standard revoked or the amendment to the standard revoked (as the case may be) but need not incorporate it in the notice. 4: The Board must— a: publish specified standards that are in effect on an Internet site maintained by or on behalf of the Board; and b: ensure that copies of those specified standards are available for purchase by members of the public. Section 31 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 32: Disallowance of instruments and determinations by House of Representatives 1: The following instruments and determinations of the Board are disallowable instruments for the purposes of the Legislation Act 2012 a: any specified standard: b: any amendment to a specified standard: c: any revocation of a specified standard: d: any determination made under section 27(5) 2: The instruments and determinations referred to in subsection (1) must be presented to the House of Representatives in accordance with section 41 3: The instruments and determinations referred to in subsection (1) are not legislative instruments for the purposes of the Legislation Act 2012 Section 32 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 Section 32(1) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 32(2) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 32(3) amended 5 August 2013 section 77(3) Legislation Act 2012 33: Certificates of Board A certificate purporting to be signed by any member of the Board as to any of the following is, in the absence of evidence to the contrary, sufficient evidence of the matters stated in the certificate: a: the making of a determination issuing a specified standard or any amendment to a specified standard; or b: the making of a determination under section 27(5) c: the making of a determination revoking a specified standard; or d: the accounting period or interim accounting period in relation to which a specified standard will commence to apply; or e: the accounting period or interim accounting period in relation to which a specified standard ceases to apply; or f: the accounting period or interim accounting period in relation to which a specified standard was in force. Section 33 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 34: Tiers of financial reporting for different classes of reporting entities and other entities 1: The purpose of sections 34A to 34D 2: In this section and in sections 34A 34B relevant entities a: means reporting entities, groups, the Crown, departments, offices of Parliament, Crown entities, and local authorities; and b: includes any other entities that are required by any Act to prepare financial statements in accordance with generally accepted accounting practice. Section 34 substituted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 34A: Board must develop and implement strategy for tiers of financial reporting 1: The Board must, within 9 months after the commencement of this section, prepare and submit to the Minister for approval, a draft strategy for establishing different tiers of financial reporting in respect of different classes of relevant entities. 2: The Board must, after the strategy is approved by the Minister, take reasonable steps to implement the strategy. Section 34A inserted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 34B: Process for preparing strategy for tiers of financial reporting 1: In preparing the draft strategy under section 34A a: the purpose referred to in section 34(1) b: the advantages and disadvantages of placing different classes of relevant entities within different tiers of financial reporting. 2: The draft strategy under section 34A a: specify the qualifying criteria for each tier of financial reporting; and b: describe the financial reporting requirements that will apply for each tier of financial reporting; and c: specify the Board's reasons (including why the strategy is appropriate); and d: include any other prescribed matters. 3: The description under subsection (2)(b) may refer to— a: a set of standards (for example, International Financial Reporting Standards and International Public Sector Accounting Standards): b: specific standards: c: accounting policies, principles, concepts, or methods (for example, the principles of accrual accounting): d: any combination of the matters in paragraphs (a) to (c). 4: The Board must, in preparing the draft strategy, consult the persons or organisations or representatives of persons or organisations who, in the opinion of the Board, would be affected by the strategy. 5: Any failure to comply with subsection (4) does not affect the validity of the strategy. Section 34B inserted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 34C: Minister may approve strategy 1: The Minister may, after receiving the draft strategy from the Board under section 34A 2: The Minister may decline to approve a draft strategy only if, in his or her opinion,— a: the Board has not had sufficient regard to the matters specified in section 34B(1) b: the Board has not adequately consulted on the strategy under section 34B(4) c: the draft strategy is inconsistent with the purposes of this Act. 3: If the Minister declines to approve a draft strategy, he or she may give a direction to the Board to review the strategy and resubmit a draft strategy to the Minister for approval (and the Board must comply with that direction). 4: The Minister's direction under subsection (3) may specify the date by which a draft strategy must be resubmitted (which may be after the 9-month period referred to in section 34A Section 34C inserted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 34D: Board may vary or replace strategy for tiers of financial reporting 1: The Board may— a: vary a strategy that has been approved under section 34C b: revoke a strategy that has been approved under section 34C 2: Sections 34A(2) 34B 34C 3: However, the Board is not required to comply with section 34B(4) Section 34D inserted 1 July 2011 section 7 Financial Reporting Amendment Act 2011 35: Amendment to Official Information Act 1982 Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004 4: Miscellaneous 35A: FMA may grant exemptions to directors of issuers that are incorporated or constituted outside New Zealand 1: The FMA may exempt any directors of an issuer that is incorporated or constituted outside New Zealand, or any directors of a class of those issuers, from compliance with any provision of sections 8 to 11 13 to 16 18 36 36A 38 2: The FMA must not grant an exemption under this section unless it is satisfied that— a: the exemption would not cause significant detriment to subscribers for the securities of the issuer who are members of the public in New Zealand, having regard to the financial reporting requirements that must be complied with in relation to the issuer under the law in force in the country where the issuer is incorporated or constituted; and b: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption. 3: The exemption may be granted on any terms and conditions that the FMA thinks fit. 4: The FMA may vary or revoke an exemption in the same way as an exemption may be granted under this section. 5: Section 35A substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 35A(5) repealed 14 September 2013 section 4(3) Financial Markets (Repeals and Amendments) Act 2013 35AB: Transitional provision for exemptions granted by Securities Commission Every exemption granted under section 35A a: continues in force as if it were granted under section 35A b: may be amended or revoked as if granted under that section. Section 35AB inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 35AC: Status and publication of exemptions under section 35A 1: An exemption granted under section 35A a: is a disallowable instrument for the purposes of the Legislation Act 2012 b: must be presented to the House of Representatives under section 41 2: A class exemption (but not any other exemption granted under section 35A Legislation Act 2012 3: An exemption granted under section 35A a: published on an Internet site maintained by or on behalf of the FMA; and b: notified in the Gazette c: made available in printed form for purchase on request by members of the public. 4: A notification in the Gazette 5: The FMA's reasons for granting an exemption under section 35A 6: In this section, class exemption Section 35AC inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 35AC(1) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 35AC(2) replaced 5 August 2013 section 77(3) Legislation Act 2012 35B: Registrar of Companies may grant exemptions to directors of overseas companies 1: The Registrar of Companies may, by notice in the Gazette sections 8 to 11 13 14 19 36 36A 39 2: The Registrar of Companies must not grant an exemption under this section unless he or she is satisfied that— a: compliance with the relevant provision would require the directors of the overseas company to comply with requirements that are unduly onerous or burdensome; and b: the extent of the exemption is not broader than what is reasonably necessary to address the matters that gave rise to the exemption. 3: The exemption may be granted on any terms and conditions that the Registrar of Companies thinks fit. 4: The Registrar of Companies may give notice of the exemption in any publications he or she thinks fit (in addition to notifying the exemption in the Gazette 5: The Registrar of Companies may vary or revoke an exemption in the same way as an exemption may be granted under this section. 6: A notice published in the Gazette Legislation Act 2012 section 41 7: The Registrar of Companies' reasons for granting an exemption (including why the exemption is appropriate) must be notified in the Gazette Section 35B inserted 18 June 2007 section 18 Financial Reporting Amendment Act 2006 Section 35B(6) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 35B(7) added 1 May 2011 section 82 Financial Markets Authority Act 2011 35C: Consultation 1: In deciding whether or not to grant, amend, or revoke an exemption under section 35A 35B a: may consult with any persons or organisations that the FMA or Registrar thinks fit; but b: must consult with— i: the Commissioner of Inland Revenue if the exemption is under section 35B section 10 ii: the Reserve Bank of New Zealand if the exemption concerns a registered bank (within the meaning of section 2(1) 2: This section does not limit section 16 17 Section 35C inserted 18 June 2007 section 18 Financial Reporting Amendment Act 2006 Section 35C(1) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 35D: Exemption may apply to accounting period before exemption is granted An exemption under section 35A 35B FMA a: in the case of copies of financial statements or group financial statements for that period that are required to be delivered for registration under section 18 19 b: in any other case, the exemption is granted before the financial statements or group financial statements for that period are required to be completed. Section 35D inserted 18 June 2007 section 18 Financial Reporting Amendment Act 2006 Section 35D amended 1 May 2011 section 82 Financial Markets Authority Act 2011 35E: Reasons for exemption must be notified Section 35E repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 36: Offences by directors of reporting entities 1: Where— a: financial statements in relation to a reporting entity are not completed and signed within the time specified in section 10 b: group financial statements in relation to a group comprising a reporting entity and its subsidiaries are not completed and signed within the time specified in section 13 every director of the reporting entity commits an offence and is liable on 2: Where the financial statements of a reporting entity or group financial statements in relation to a group comprising a reporting entity and its subsidiaries fail to comply with an applicable financial reporting standard, every director of the reporting entity commits an offence and is liable on Section 36(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 36A: Content of statements that contain prospective, summary, or interim financial information 1: Any statement prepared by, or on behalf of, a reporting entity that contains prospective, summary, or interim financial information for the reporting entity must comply with any applicable financial reporting standard. 2: Any statement prepared by, or on behalf of, a group comprising a reporting entity and its subsidiaries that contains prospective, summary, or interim financial information for the group must comply with any applicable financial reporting standard. 3: Every director of a reporting entity commits an offence and is liable on conviction a: any statement prepared by, or on behalf of, the reporting entity that contains prospective, summary, or interim financial information for the reporting entity does not comply with this section; or b: any statement prepared by, or on behalf of, a group comprising the reporting entity and its subsidiaries that contains prospective, summary, or interim financial information for the group does not comply with this section. 4: This section does not apply to the extent that it is inconsistent with, or modified by, the provisions of another enactment. Section 36A inserted 15 April 2004 section 6 Financial Reporting Amendment Act 2004 Section 36A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 37: Offences by directors of exempt companies Where— a: financial statements in relation to an exempt company are not completed and signed within the time specified in section 10 b: financial statements in relation to an exempt company do not comply with section 12 every director of the exempt company commits an offence and is liable on Section 37 amended 1 July 2013 section 413 Criminal Procedure Act 2011 38: Offences by directors of issuers Where— a: the financial statements of an issuer and any group financial statements in relation to a group comprising an issuer and its subsidiaries are not audited in accordance with section 15 b: a copy of the financial statements of an issuer or group financial statements together with the auditor's report on those statements are not delivered to the Registrar in accordance with section 18(1) c: every director of the issuer commits an offence and is liable on Section 38 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(b) amended 3 May 2001 section 8(a) Financial Reporting Amendment Act 2001 Section 38(c) repealed 3 May 2001 section 8(b) Financial Reporting Amendment Act 2001 39: Offences by directors of overseas companies and other companies to which section 19 applies Where a copy of the financial statements of a company to which section 19 subsection (3) of that section Section 39 heading amended 21 January 2007 section 19(1) Financial Reporting Amendment Act 2006 Section 39 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 39 amended 21 January 2007 section 19(2) Financial Reporting Amendment Act 2006 40: Defences It is a defence to a director of an entity charged with an offence under any of sections 36 to 39 a: the directors of the entity took all reasonable and proper steps to ensure that the applicable requirement of this Act would be complied with; or b: he or she took all reasonable and proper steps to ensure that the directors of the entity complied with the applicable requirement; or c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the directors of the entity complied with the applicable requirement. 41: False statements 1: Every person who, with respect to a document required by this Act,— a: makes, or authorises the making of, a statement in the document that is false or misleading in a material particular knowing the statement to be false or misleading; or b: omits, or authorises the omission, from the document of any matter knowing that the omission makes the document false or misleading in a material particular— commits an offence and is liable on conviction 2: For the purposes of this section, a person who voted in favour of the making of a statement at a meeting of directors or members or shareholders of an entity is deemed to have authorised the making of the statement. Section 41(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 41A: Infringement offences 1: If a person is alleged to have committed an infringement offence, that person may either— a: be proceeded against by filing a charging document under section 14 b: be served with an infringement notice as provided in section 41B 2: Despite section 21 Criminal Procedure Act 2011 Section 41A inserted 18 June 2007 section 20 Financial Reporting Amendment Act 2006 Section 41A(1)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41A(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 41B: Infringement notices 1: The Registrar may issue an infringement notice to a person if the Registrar believes on reasonable grounds that the person is committing, or has committed, an infringement offence. 2: The Registrar may revoke an infringement notice before the infringement fee is paid, or an order for payment of a fine is made or deemed to be made by a court under section 21 3: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked. Section 41B inserted 18 June 2007 section 20 Financial Reporting Amendment Act 2006 41C: Procedural requirements for infringement notices 1: An infringement notice may be served on a person— a: by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or b: by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business. 2: An 3: An infringement notice must be in the prescribed form and must contain— a: details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and b: the amount of the infringement fee; and c: an address at which the infringement fee may be paid; and d: the time within which the infringement fee must be paid; and e: a summary of the provisions of section 21(10) f: a statement that the person served with the notice has a right to request a hearing; and g: a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and h: any other prescribed matters. 4: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 a: reminder notices may be prescribed under regulations made under this Act; and b: in all other respects, section 21 5: Reminder notices must contain the prescribed information. Section 41C inserted 18 June 2007 section 20 Financial Reporting Amendment Act 2006 Section 41C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 41D: Payment of infringement fee The Registrar must pay all infringement fees received into a Crown Bank Account. Section 41D inserted 18 June 2007 section 20 Financial Reporting Amendment Act 2006 42: Time for filing charging document for offence against section 37 1: Despite anything to the contrary in section 25 section 37 2: Nothing in subsection (1) affects the application of section 25 Section 42 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 42A: Privacy Act 1993 The disclosure of personal information (as defined in section 2 principle 10 principle 11 or issued Financial Reporting Amendment Act 2001 Section 42A inserted 3 May 2001 section 9 Financial Reporting Amendment Act 2001 Section 42A amended 1 July 2011 section 8 Financial Reporting Amendment Act 2011 42B: Regulations 1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: prescribing fees and charges that— i: the FMA FMA section 4B 35A ii: iii: the Registrar of Companies may require to be paid to him or her in connection with an application to him or her to grant or amend an exemption under section 35B b: prescribing the amounts of those fees or charges or the method by which they are to be calculated: c: prescribing forms for the purposes of section 10A d: prescribing the information that must be included in infringement notices or reminder notices: e: prescribing matters for the purposes of section 34B(2)(d) f: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 2: The amounts payable under regulations made under this section are recoverable by the FMA FMA Section 42B inserted 22 November 2006 section 21 Financial Reporting Amendment Act 2006 Section 42B(1)(a)(i) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 42B(1)(a)(ii) repealed 1 July 2011 section 9(1) Financial Reporting Amendment Act 2011 Section 42B(1)(e) added 1 July 2011 section 9(2) Financial Reporting Amendment Act 2011 Section 42B(1)(f) added 1 July 2011 section 9(2) Financial Reporting Amendment Act 2011 Section 42B(2) amended 1 July 2011 section 9(3) Financial Reporting Amendment Act 2011 Section 42B(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 42C: Levies 1: Every person that is included in a prescribed class of specified persons must pay to the Crown, or a prescribed person on behalf of the Crown, a levy prescribed by regulations. 2: In this section and section 42D specified persons a: chartered accountants who hold a certificate of public practice; and b: licensed auditors; and c: registered audit firms; and d: the Auditor-General; and e: issuers and other entities whose financial statements are required to be registered under this Act; and f: every other person who is a member, fellow, or associate of an association of accountants specified in the regulations and that is in the business of offering accounting or auditing services to the public in New Zealand; and g: public entities (within the meaning of the Public Audit Act 2001 h: every other person registered or incorporated, or who makes an application for registration or incorporation of a person, under any of the following Acts: i: the Building Societies Act 1965 ii: the Companies Act 1993 iii: the Co-operative Companies Act 1996 iv: the Friendly Societies and Credit Unions Act 1982 v: the Industrial and Provident Societies Act 1908 vi: the Limited Partnerships Act 2008 3: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies. 4: The levies must be prescribed on the basis that the following costs should be met fully out of the levies: a: a portion of the costs of the Board performing its functions and exercising its powers and duties under this Act, where the size of the portion to be met by levies under this Act is determined by the Minister; and b: the costs of collecting the levy money. 5: The levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years. 6: The regulations may— a: specify the class or classes of specified persons that are required to pay a levy: b: provide for different levies for different classes of specified persons: c: specify the amount of levies, or method of calculating or ascertaining the amount of levies: d: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs of exercising or performing the Board's functions, powers, and duties under this Act: e: refund, or provide for refunds of, those levies: f: provide for the payment and collection of those levies: g: specify the financial year or part financial year to which those levies apply, and applying to that financial year or part financial year and each subsequent financial year until revoked or replaced: h: for the first financial year to which a levy applies, include in the levy amount or method costs incurred by the Board on or after 1 July 2010 in connection with preparing itself to exercise and perform, and exercising and performing, its functions, powers, and duties under this Act, irrespective of the fact that the regulations are made and come into effect after that year: i: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced: j: exempt or provide for exemptions from, and providing for waivers of, the whole or any part of the levy for any case or class of cases. 7: If a person is in 2 or more classes of specified persons in respect of which different levies have been prescribed, the person must pay each of those levies (unless the regulations provide otherwise). 8: The levies for a financial year that starts after the Board begins to carry out any additional function under this Act may cover the costs of performing that additional function, irrespective of the fact that the regulations may be made and come into effect after the start of the financial year. 9: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Board, or to any other person prescribed for the purposes of this subsection, on behalf of the Crown. 10: The Board, or any other person prescribed for the purposes of this subsection, must ensure that each levy payment is paid into a Crown Bank Account and is separately accounted for. Section 42C inserted 1 July 2011 section 10 Financial Reporting Amendment Act 2011 42D: Board must consult about request for appropriation 1: The Board must, before submitting a request to the Minister seeking an appropriation of public money for the following year, or any change to an appropriation for the current year, that relates to costs that are intended to be recovered by way of levies under section 42C a: the persons or organisations that the Board considers are able to represent the views of those specified persons who are liable to pay a levy under that section; and b: any other representatives of persons whom the Board believes to be significantly affected by a levy. 2: Consultation under subsection (1) must include consultation relating to the portion of the costs of the Board that should be met by the levies. 3: The Board must, at the time when the request is submitted, report to the Minister on the outcome of that consultation. 4: This section applies to requests in respect of the financial year beginning on 1 July 2013 and later financial years. 5: A failure to comply with this section does not affect the validity of any regulations made under section 42C Section 42D inserted 1 July 2011 section 10 Financial Reporting Amendment Act 2011 43: Administration of Act The Registrar is charged with the administration of this Act. 44: Transitional provisions 1: Nothing in this Act shall apply in relation to an accounting period or an interim accounting period of an entity that is an industrial and provident society that ended before 1 July 1994 and, in relation to any such period, the Industrial and Provident Societies Act 1908 2: Nothing in this Act shall apply in relation to an accounting period or an interim accounting period of an entity that is an incorporated society that ended before 1 July 1994 and, in relation to any such period, the Incorporated Societies Act 1908 3: Nothing in this Act shall apply in relation to an accounting period or an interim accounting period of an entity that is a company (within the meaning of section 2 of the Companies Act 1955 Companies Act 1955 4: Nothing in this Act shall apply in relation to an accounting period or interim accounting period of an entity that is a unit trust (within the meaning of section 2 Unit Trusts Act 1960 5: Nothing in this Act shall apply in relation to an accounting period or an interim accounting period of an entity that is a building society (within the meaning of section 2 Building Societies Act 1965 6: Nothing in this Act shall apply in relation to an accounting period or interim accounting period of an entity that is a credit union or a society registered under Part 2 Friendly Societies and Credit Unions Act 1982 45: Repeals and revocations 1: The Companies Amendment Act 1969 2: The following enactments are hereby consequentially repealed: (a)–(c): Amendment(s) incorporated in the Act(s). 3: The following orders are hereby revoked— a: the Companies Accounts (Non-Exempt Private Companies) Exemption Order 1971 (SR 1971/20) b: the Companies (Overseas Companies' Accounts) Order 1971 (SR 1971/21) 46: Amendment to Summary Proceedings Act 1957 Amendment(s) incorporated in the Act(s) 47: Amendment to Securities Act 1978 Amendment(s) incorporated in the Act(s) 48: Amendments to Public Finance Act 1989 Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004 49: Amendments to other Acts The enactments specified in Schedule 2

DLM299181

1993

Official Information Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Official Information Amendment Act 1993, and shall be read together with and deemed part of the Official Information Act 1982 2: This Act shall come into force on the 1st day of July 1993. 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: Transitional provisions 1: Where— a: Before the commencement of this section, a request has been made under section 24 b: The request has not been finally dealt with under the principal Act at the commencement of this section,— that request shall be dealt with as if sections 3 to 10 section 35 Part 4 2: Any complaint which, before the commencement of this section, has been made to an Ombudsman pursuant to section 35 Part 4 section 24 sections 3 to 10 3: Where, at the commencement of this section, any proceedings in relation to a request made by or on behalf of a natural person under section 24 sections 3 to 10

DLM295786

1993

Health Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Health Amendment Act 1993, and shall be read together with and deemed part of the Health Act 1956 the principal Act 2: This Act shall come into force on the 1st day of July 1993. 2: Interpretation 1: 2: 3: 4: 5: 6: 7: 8: The Local Government Amendment Act 1979 Part 3 section 2(1) Health Act 1956 9: Section 2 Health Amendment Act 1988 subsections (1) (2) Subsection (4) repealed 1 October 2004 59(1) Health and Disability Services (Safety) Act 2001 See section 11 Subsection (5) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 3: Repeal of provisions relating to Department of Health 1: 2: The following enactments are hereby consequentially repealed: a: Section 2(1) of the Health Amendment Act 1979 b: The Health Amendment Act 1980 c: Section 3 of the Health Amendment Act (No 2) 1982 d: Sections 3 4 8 Health Amendment Act 1987 4: 5: 6: Repeal of provisions relating to delegations, committees, and annual report 1: This subsection repealed sections 9 9A 2: Section 3 Health Amendment Act 1988 7: Health districts 1: This subsection substituted section 19 2: The following enactments are hereby consequentially repealed: a: So much of Part 3 Local Government Amendment Act 1979 section 19 Health Act 1956 b: Section 5 Health Amendment Act 1988 3: The following notices are hereby revoked: a: The Health Districts Notice 1988 (SR 1988/211) b: The Health Districts Notice 1988, Amendment No 1 (SR 1988/275) c: The Health Districts Notice 1988, Amendment No 2 (SR 1989/9) 8: Repeal of provision requiring Medical Officer of Health for every health district 1: The principal Act is hereby amended by repealing section 20 section 9 Health Amendment Act 1987 2: Section 9 Health Amendment Act 1987 9: Section 9 repealed 1 July 1996 Medical Practitioners Act 1995 10: Section 10 repealed 22 January 1996 3(3) Health and Disability Services Amendment Act 1995 11: Section 11 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 12: 13: Appointment of Environmental Health Officers by local authorities 1: This subsection substituted section 28 2: The following enactments are hereby consequentially repealed: a: Section 4 of the Health Amendment Act 1960 b: So much of Part 3 Local Government Amendment Act 1979 section 28(1)(e) Health Act 1956 14: 15: 16: 17: 18: 19: 20: Section 20 repealed 22 January 1996 3(3) Health and Disability Services Amendment Act 1995 21: 22: 23: 24: 25: Section 25 repealed 22 January 1996 3(3) Health and Disability Services Amendment Act 1995 26: Section 26 repealed 22 January 1996 3(3) Health and Disability Services Amendment Act 1995 27: New Part 3A This section was repealed 4 July 1998 12(a) Health Amendment Act 1998 28: Restrictions applying while ship liable to quarantine 1: This subsection substituted section 99 2: The following enactments are hereby consequentially repealed: a: Section 3 of the Health Amendment Act 1962 b: Section 6 of the Health Amendment Act 1973 c: So much of Schedule 1 to the Health Amendment Act 1982 section 99 29: 30: Power to board any ship and inspect 1: This subsection substituted section 111(1) 2: The Health Amendment Act 1982 Schedule 1 section 111(1) 31: 32: 33: 34: Constitution and powers of Boards of Appeal 1: 2: The Health Amendment Act 1988 Part 1 section 124(3) 35: 36: 37: Persons attempting to commit suicide 1: This subsection repealed section 126A 2: Section 6 of the Health Amendment Act 1960 38: Ministry of Health 1: Nothing in this Act affects— a: The continued existence of the department of State existing immediately before the commencement of this Act and known as the Department of Health; or b: The appointment or tenure of the Director-General, or any other employee, of the Department of Health; or c: The continued existence of any advisory committee appointed under section 9A 2: Every delegation under section 5B 9 section 28 41 State Sector Act 1988 3: Every reference in— a: Any Act, regulation, or other enactment, passed, made, or enacted before the commencement of this Act; or b: Any contract, agreement, deed, instrument, application, licence, notice, or other document, entered into, made, granted, given, or executed, before the commencement of this Act,— to the Department of Health shall be read as a reference to the Ministry of Health.

DLM327482

1993

Sale of Liquor Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Sale of Liquor Amendment Act 1993, and shall be read together with and deemed part of the Sale of Liquor Act 1989 2: This Act shall come into force on the 1st day of July 1994. 2: 3: Transitional provisions applying to existing compromises Nothing in section 2 sections 205 to 207 of the Companies Act 1955 4: 5: Transitional provisions applying to liquidation of licensing trusts 1: Nothing in section 4 Part 6 of the Companies Act 1955 sections 212 213 Part 6 of the Companies Act 1955 2: In the liquidation of a licensing trust under Part 16 Companies Act 1993 sections 292 to 299 sections 309, 310, 311, 311A, 311B, and 311C of the Companies Act 1955

DLM327400

1993

Agricultural and Pastoral Societies Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Agricultural and Pastoral Societies Amendment Act 1993, and shall be read together with and deemed part of the Agricultural and Pastoral Societies Act 1908 2: This Act shall come into force on the 1st day of July 1994. 2: New sections substituted This section substituted sections 14 to 16 3: Disposition of surplus assets This section substituted s 18 4: Transitional provisions applying to winding up of society Section 4 repealed 5 December 2013 section 14 Companies Amendment Act 2013 5: Agricultural and Pastoral Societies Amendment Act 1912 amended 1: The proviso to section 2(2) Agricultural and Pastoral Societies Amendment Act 1912 and Fisheries 2: Section 3(1) Agricultural and Pastoral Societies Amendment Act 1912 and Fisheries

DLM319509

1993

Maori Purposes Act 1993

1: Short Title and commencement 1: This Act may be cited as the Maori Purposes Act 1993. 2: Except as provided in section 13 1: Mana enterprises scheme 2: Objects The objects of this Part are— a: to provide for the cancellation of mana contracts: b: to ensure that, where the Minister or a person acting on behalf of the Minister, has, for the purposes of the mana enterprises scheme, disbursed money to a mana authority (whether under a mana contract or not),— i: that money shall remain or become the property of that mana authority; and ii: every security taken by a mana authority in respect of money so disbursed that has, for the purposes of the mana enterprises scheme, been lent by that mana authority to any other person shall remain or become the property of that mana authority: c: to make provision incidental to paragraphs (a) and (b). 3: Interpretation In this Part, unless the context otherwise requires,— Crown Department of Maori Affairs Maori Affairs Act 1953 Inland Revenue Acts Schedule 1 of the Inland Revenue Department Act 1974 instrument a: any instrument (other than this Act) of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities or would do so if it or a copy thereof were lodged, filed, or registered under any enactment; and b: any judgment, order, or process of court Iwi Transition Agency Maori Affairs Restructuring Act 1989 land section 2 liabilities loan loan transaction mana authority mana contract a: means a contract entered into, for the purposes of the mana enterprises scheme, between the Minister or any other person acting on behalf of the Crown, and any mana authority, being a contract under which— i: the Crown appointed the mana authority as its agent for the purposes of the contract; and ii: the Minister, or other person acting on behalf of the Crown, agreed to disburse sums of money to the mana authority as agent of the Crown from time to time on the terms and for the purposes specified in the contract (being purposes consistent with those of the mana enterprises scheme); and iii: it was contemplated that the mana authority as agent of the Crown might lend, on such terms and for such purposes as were agreed (being purposes consistent with those of the mana enterprises scheme) the whole or any part of the sums referred to in subparagraph (ii); and iv: a fee was to be paid by the Crown to the mana authority for the services provided by the mana authority under the contract; and b: includes any other contract (whether or not in writing and if in writing whether or not executed) the terms of which are substantially similar to those referred to in subparagraphs (i) to (iv) of paragraph (a) mana enterprises scheme a: has been administered from time to time by the Department of Maori Affairs, the Iwi Transition Agency, and the Ministry of Maori Development, in conjunction with or by any other person; and b: was established for the purposes of broadening the Maori economic base, by providing, whether through grants directly from the Crown or through money provided under mana contracts or otherwise, financial support to enterprises that provide or create long-term, unsubsidised employment for Maori Maori section 2 Minister Ministry of Maori Development section 2 property a: choses in action and money: b: goodwill: c: rights, interests, and claims of every kind in or to property, arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent, or prospective rights security 4: Application of sections 5 to 7 1: The Governor-General may from time to time, by Order in Council published in the Gazette sections 5 to 7 2: Every Order in Council made under subsection (1) shall specify the date on which that Order in Council comes into force. 5: Cancellation of mana contracts Where this section is applied to a mana authority by an Order in Council made under section 4(1) 6: Ownership of money and property 1: Where this section is applied to a mana authority by an Order in Council made under section 4(1) a: any money disbursed by the Minister, or any other person acting on behalf of the Crown, to that mana authority under a mana contract on terms requiring that mana authority to administer or hold the money as agent of the Crown shall be deemed to be and have become the absolute property of the mana authority from the date on which the money was so disbursed; and b: any money disbursed by the Minister or any other person acting on behalf of the Crown to that mana authority pursuant to the mana enterprises scheme (not being money disbursed under a mana contract) shall be deemed to be and to have become the absolute property of that mana authority from the date on which the money was so disbursed; and c: any property acquired or income or other gain derived directly or indirectly from the administration or holding by that mana authority of any money referred to in paragraph (a) or paragraph (b) shall be deemed to be the property or to be income or a gain of that mana authority; and d: any loss suffered or liability incurred, whether directly or indirectly, by the Crown or by that mana authority either as an agent of the Crown under a mana contract or as a principal party from the administration or holding by that mana authority of money or property referred to in paragraph (a) or paragraph (b) or paragraph (c) shall be deemed to be a loss or liability of that mana authority and not of the Crown. 2: This section shall apply notwithstanding anything contained in any mana contract or any other agreement or any enactment or any rule of law. 7: Consequential provisions 1: Without limiting the generality of section 6 section 4(1) a: all contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices (whether or not in writing) entered into by, made with, given to or by, or addressed to that mana authority, whether as, or purportedly as, an agent for the Crown or otherwise and whether entered into with, or made by, or given to or by, or addressed to that mana authority in the name of that mana authority or in the name of the Crown, before the day on which that Order in Council comes into force shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the Crown, or that mana authority in its capacity as an agent or purported agent for the Crown or otherwise, be binding on and enforceable by, against, or in favour of that mana authority as fully and effectually as if that mana authority had been acting as a principal in its own right at the time when they were entered into, made, given, or addressed, as the case may be; and b: any money owing by any person at any time under a loan transaction entered into by that mana authority shall be deemed from the date on which the money was advanced under that loan transaction to have been money owing to that mana authority, and any such money shall be deemed at all times from the date of commencement of the loan transaction until the date of final repayment or other extinguishment thereof to have been or to be owing to that mana authority as a principal party; and c: any money received by that mana authority from a person under a loan transaction, whether by way of repayment of part or all of the principal amount of the loan, or the payment of any interest, penalty interest, or any other money payable thereunder shall be deemed to be or to have been, as the case may require, the absolute property of that mana authority, whether the repayment or payment occurs before, on, or after the day on which that Order in Council comes into force; and d: any security held as security for a loan by that mana authority, whether as, or purportedly as, an agent for the Crown or otherwise, or by the Crown, whether any document or other writing in respect of that security is in the name of that mana authority, or in the name of the Crown,— i: shall be deemed always to have been taken by and given to that mana authority as a principal in its own right; and ii: shall be available to that mana authority as security for the discharge of the loan; and iii: where the security extends to future or prospective debts or liabilities to that mana authority acting as aforesaid or to the Crown, shall be available as security for the discharge of such debts or liabilities to that mana authority; and e: any action, arbitration, proceeding, or cause of action which, immediately before the day on which that Order in Council comes into force, is pending or existing by, against, or in favour of the Crown, or that mana authority acting as agent for the Crown, may be prosecuted, and without the amendment of any writ, pleading, or other document, continued and enforced by, against, or in favour of the mana authority. 2: This section shall apply notwithstanding anything contained in any mana contract, security, or other agreement, or in any enactment or rule of law. 8: Certain matters not affected Nothing effected or authorised by or pursuant to this Act and nothing done by the Crown or any mana authority pursuant to this Act (not being something effected or authorised by this Act)— a: shall invalidate or discharge any loan transaction or security; or b: shall release any surety wholly or in part from all or any of that surety's obligations; or c: shall be regarded as giving rise to a right for any person to terminate or cancel any contract, arrangement, loan transaction, or security or to accelerate the performance of any obligation; or d: shall be regarded as placing the Crown or any mana authority, or any other person, in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or e: shall be regarded as placing the Crown or any mana authority or any other person, in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information. 9: Registers 1: No District Land Registrar, Registrar of the High Court, or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the provisions of this Act to change the name of the Crown to that of a mana authority in those books or registers or in any document. 2: The presentation to any such registrar or other person of any instrument— a: executed or purporting to be executed by a mana authority that acted as the agent of the Crown at the time any transaction evidenced by the instrument was entered into; and b: relating to any property that is subject to this Act; and c: containing a recital that that property has been deemed to be and to always have been owned by that mana authority by virtue of the provisions of this Act— shall, in the absence of proof to the contrary, be sufficient evidence that the property is owned by that mana authority. 10: Loans acquired by mana authority for full consideration For the purposes of the Inland Revenue Acts, where any money owing by any person under a loan and any amount repaid under that loan are deemed under this Act to be and to have become the property of a mana authority, that property shall be deemed to have been acquired by that mana authority for an amount of consideration equal to the sum of such money owing and such amounts repaid. 11: Goods and services tax Notwithstanding anything in the Goods and Services Tax Act 1985 12: Savings in respect of Land Transfer Act 1952 Except as provided in section 9 Land Transfer Act 1952 2: Kokiri Centres 13: Commencement This Part shall come into force on 1 July 1994. 14: Repeal of provision authorising establishment and maintenance of Kokiri Centres Amendment(s) incorporated in the Act(s) 15: Cancellation of arrangements Every arrangement entered into under section 87(2)(d) 16: Disposal of land, premises, furnishings, or equipment Any land, premises, furnishings, or equipment, acquired under section 87 provided that no such land or premises shall be sold without the consent of the Minister of Maori Affairs. 17: Recovery of charges Notwithstanding the repeal of section 87 section 14

DLM302626

1993

Maori Education Foundation (Abolition) Act 1993

1: Short Title This Act may be cited as the Maori Education Foundation (Abolition) Act 1993. 2: Interpretation In this Act, unless the context otherwise requires,— appointed day section 3(1) Foundation section 4(1) of the Foundation Act the Foundation Act Maori Education Foundation Act 1961 successor board section 3(1) 3: Recognition of successor to Foundation 1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Education,— a: recognise as the successor to the Foundation any trustees incorporated as a board under Part 2 b: appoint a day for the purposes of sections 4 to 7 2: The Minister of Education shall not recommend the making of an order under subsection (1) a: promoting and encouraging the better education of Maori; and b: providing financial assistance for that purpose. 3: An order under this section is secondary legislation ( see Part 3 1961 No 46 s 5 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 4: Assets and liabilities of Foundation to become assets and liabilities of trust board 1: On the appointed day, the assets and liabilities that the Foundation had immediately before that day shall become assets and liabilities of the successor board. 2: The successor board shall hold in trust for the purposes of the successor board all property that, immediately before becoming an asset of the successor board under subsection (1), the Foundation held in trust for the purposes of the Foundation. 3: Subject to subsection (2), all property that, immediately before becoming an asset of the successor board under subsection (1), was held by the Foundation in trust for any purpose shall be held by the successor board in trust for the same purpose. 5: Abolition of Foundation 1: The Foundation is hereby abolished with effect on the appointed day. 2: The Board of the Foundation, constituted by section 8(1) of the Foundation Act 3: Both— a: the executive committee (if any) of the Foundation; and b: every special committee of the Foundation,— established under section 12(1) of the Foundation Act 4: On and after the appointed day, every reference in any enactment other than this Act to the Foundation shall be read as a reference to the successor board; and, with any necessary modifications, that enactment shall have effect accordingly. 6: Gifts to successor board 1: Notwithstanding anything to the contrary in Te Ture Whenua Maori Act 1993 section 4 a: give to the successor board any Maori freehold land (within the meaning of section 4 b: otherwise dispose of any such land or interest in land to the successor board. 2: Section 164 subsection (1) 3: Unless expressly prohibited by any enactment or instrument of trust from doing so, any person or body, whether incorporated or unincorporated, including a Maori incorporation (within the meaning of section 4 1961 No 46 ss 16, 20(4) 7: Repeals The following enactments are hereby repealed, with effect on the appointed day: a: the Maori Education Foundation Act 1961 b: the Maori Education Foundation Amendment Act 1962 c: the Maori Education Foundation Amendment Act 1963 d: the Maori Education Foundation Amendment Act 1965 e: the Maori Education Foundation Amendment Act 1970 f: the Maori Education Foundation Amendment Act 1975 g: the Maori Education Foundation Amendment Act 1977 h: the Maori Education Foundation Amendment Act 1992

DLM293076

1993

Estate Duty Abolition Act 1993

1: Short Title and commencement 1: This Act may be cited as the Estate Duty Abolition Act 1993. 2: Except as provided in section 7(2) 2: This Act to be an Inland Revenue Act This Act is hereby declared to be one of the Inland Revenue Acts within the meaning of the Tax Administration Act 1994 Section 2 amended 1 April 1995 section YB 1 Income Tax Act 1994 3: Estate duty abolished in respect of deaths occurring on or after 17 December 1992 No estate duty shall be payable under the Estate and Gift Duties Act 1968 4: Interpretation Amendment(s) incorporated in the Act(s) 5: Limitation on imposition of estate duty Amendment(s) incorporated in the Act(s) 6: Gift duty to remain payable in case of death occurring on or after 17 December 1992 Nothing in section 42 a: notwithstanding subsection (1)(a) of the said section 42 section 6(1) b: to the extent that the amount of any such duty (including any sum referred to in subsection(1)(b) of the said section 42 Estate and Gift Duties Act 1968 i: the administrator of the estate, where the amount was refunded to the administrator and the estate still has an administrator after the date of the said Royal assent; or ii: the person or persons entitled to the estate, in any case where there is no administrator after that date or the Commissioner considers that the administrator, by virtue of any distributions or otherwise, is not in a position to pay the amount (with the appropriate liability of such persons to be determined in accordance with section 54 c: notwithstanding subsection (1)(c) of the said section 42 7: Custody and release of administration by Commissioner 1: Amendment(s) incorporated in the Act(s) 2: This section shall come into force on the date on which this Act receives the Royal assent. 8: Notice of payments, etc, without change of ownership to be given to Commissioner Amendment(s) incorporated in the Act(s) 9: Refund of estate duty, penalty, and interest paid in excess Amendment(s) incorporated in the Act(s) 10: Testamentary annuities charged on property Section 10 repealed 1 April 2005 section YA 2 Income Tax Act 2004

DLM327640

1993

Receiverships Act 1993

1: Short Title and commencement 1: This Act may be cited as the Receiverships Act 1993. 2: This Act shall come into force on 1 July 1994. 2: Interpretation 1: In this Act, unless the context otherwise requires,— account receivable section 16(1) company section 2(1) court creditor director a: a company within the meaning of section 2(1) i: any person occupying the position of director of the company by whatever name called; and ii: a person in accordance with whose directions or instructions a person referred to in subparagraph (i) may be required or is accustomed to act; and iii: a person in accordance with whose directions or instructions the board of the company may be required or is accustomed to act: b: an overseas company, includes an agent, officer, or employee responsible in New Zealand for the business of the overseas company: c: any other body corporate, means a person having functions similar to those of a director of a company;— but does not include a receiver document a: any writing on material; and b: information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and c: a book, graph, or drawing; and d: a photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of equipment) of being reproduced grantor insolvency practitioner section 5(1) inventory section 16(1) licensed insolvency practitioner section 5(1) liquidator Part 16 liquidation local authority Local Government Act 2002 mortgage mortgagee new value section 16(1) Official Assignee Insolvency Act 2006 overseas company preferential claims Schedule 7 clause 1(1) proceeds section 16(1) prohibition order section 37(6) section 239ADV(1) 286(5) property a: real and personal property: b: an estate or interest in real or personal property: c: a debt: d: any thing in action: e: any other right or interest property in receivership purchase money security interest section 16(1) receiver a: by or under any deed or agreement; or b: by the court in the exercise of a power conferred on the court or in the exercise of its inherent jurisdiction— whether or not the person appointed is empowered to sell any of the property in receivership; but does not include— c: a mortgagee who, whether personally or through an agent, exercises a power to— i: enter into possession of mortgaged property in a manner referred to in section 137 ii: sell or otherwise alienate mortgaged property; or d: an agent of any such mortgagee Registrar a: a company, has the same meaning as in section 2(1) b: a society registered under the Industrial and Provident Societies Act 1908 c: a society registered under the Incorporated Societies Act 1908 d: a friendly society or a credit union registered or incorporated Friendly Societies and Credit Unions Act 1982 e: any other body corporate registered under any enactment, means any person discharging the powers, functions, and duties of a registrar under that enactment related company section 2(1) security agreement section 16(1) security interest section 17 2: In this Act, unless the context otherwise requires, a reference to a person by whom, or in whose interests, a receiver was appointed, as the case may be, includes a reference to a person to whom the rights and interests under any deed or agreement by or under which the receiver was appointed have been transferred or assigned. 3: A requirement in this Act for a person to provide a notice or other document may be satisfied by the person providing the notice or other document by electronic means in accordance with Part 4 Section 2(1) account receivable inserted 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(1) company replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) director amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) insolvency practitioner inserted 1 September 2020 section 60(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) inventory inserted 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(1) licensed insolvency practitioner inserted 1 September 2020 section 60(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) liquidator amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) local authority inserted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) new value inserted 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(1) Official Assignee amended 3 December 2007 section 445 Insolvency Act 2006 Section 2(1) preferential claims amended 1 November 2007 section 41 Companies Amendment Act 2006 Section 2(1) proceeds inserted 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(1) prohibition order inserted 1 September 2020 section 60(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) purchase money security interest inserted 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(1) receiver substituted 1 January 2008 section 364(1) Property Law Act 2007 Section 2(1) Registrar amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) Registrar amended 1 April 2019 section 61(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2(1) related company inserted 1 September 2020 section 60(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) security agreement added 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(1) security interest added 1 May 2002 section 3 Receiverships Amendment Act 2001 Section 2(3) inserted 1 September 2020 section 60(2) Insolvency Practitioners Regulation (Amendments) Act 2019 3: Public notice 1: Where, pursuant to this Act, public notice must be given of any matter affecting a grantor, not being a grantor that is an overseas company, that notice must be given by publishing notice of the matter— a: in at least 1 issue of the Gazette b: in at least 1 issue of a newspaper circulating in the area in New Zealand in which is situated— i: the grantor's place of business; or ii: if the grantor has more than 1 place of business, the grantor's principal place of business; or iii: if the grantor has no place of business or neither its place of business nor its principal place of business is known, the grantor's registered office in the case of a body corporate, or the residence of the grantor in the case of an individual. 2: Where, pursuant to this Act, public notice must be given of any matter affecting a grantor that is an overseas company, that notice must be given by publishing notice of the matter— a: in at least 1 issue of the Gazette b: in at least 1 issue of a newspaper circulating in the area in which is situated— i: the place of business in New Zealand of the grantor; or ii: if the grantor has more than 1 place of business in New Zealand, the principal place of business in New Zealand of the grantor. 3A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 3A inserted 31 August 2019 section 28 Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 3B: Act binds the Crown This Act binds the Crown. Section 3B inserted 1 September 2020 section 61 Insolvency Practitioners Regulation (Amendments) Act 2019 4: Application 1: This Act applies— a: to a receiver appointed after the coming into force of this Act; and b: with the exceptions and modifications specified in subsection (2), to a receiver holding office on the coming into force of this Act. 2: In the application of this Act to a receiver holding office on the coming into force of this Act,— a: section 5 b: section 23 c: section 24(1)(a) section 348(2) of the Companies Act 1955 section 348(2) of that Act Part 7 of that Act d: section 24(1)(b) report section 348(2) of the Companies Act 1955 Part 7 of that Act e: section 29 f: paragraphs (b) and (c) of subsection (1) and subsections (5) and (6) of section 32 Section 4(2)(d) amended 1 July 1994 Receiverships Amendment Act 1994 5: Who may be appointed as receiver 1: A person may be appointed as a receiver if the person— a: is a licensed insolvency practitioner who is permitted to act as a receiver in accordance with the Insolvency Practitioners Regulation Act 2019 b: is not disqualified under subsection (2). 2: Unless the court orders otherwise, the following persons are disqualified from being appointed or acting as a receiver: a: a mortgagee of the property in receivership: b: a person who is, or who has, within the 2 years immediately before the commencement of the receivership, been— i: a director or an auditor of the grantor or of a related company of the grantor; or ii: a director of the mortgagee of the property in receivership: c: a person who has, or who has had, within the 2 years immediately before the commencement of the receivership,— i: a direct interest in a share issued by the grantor; or ii: an indirect interest in 5% or more of any class of shares issued by the grantor: d: if the grantor is a company, a person who has— i: a direct interest in a share issued by a related company of the grantor; or ii: an indirect interest in 5% or more of any class of shares issued by a related company of the grantor: e: a person who is a relative (as defined in section 2(1) f: a person who is disqualified from acting as a receiver by the instrument that confers the power to appoint a receiver: g: a person to whom a prohibition order applies: h: if the property in receivership includes a company, a person who is, or who has been, in the 2 years immediately before the commencement of the receivership, an administrator, a deed administrator, or a liquidator of the company. 3: A person commits an offence if— a: the person knows or ought reasonably to know that they are disqualified under subsection (2); and b: the person,— i: with their consent, is appointed as a receiver; or ii: acts as a receiver. 4: A person who commits an offence under subsection (3) is liable on conviction to a fine not exceeding $75,000. 5: See also section 8(2) Section 5 replaced 1 September 2020 section 62 Insolvency Practitioners Regulation (Amendments) Act 2019 6: Appointment of receivers under deeds and agreements 1: A receiver may be appointed in respect of the property of a person by, or in the exercise of a power conferred by, a deed or agreement to which that person is a party. 2: The appointment of a receiver in the exercise of a power referred to in subsection (1) must be in writing. 3: A receiver appointed by, or under a power conferred by, a deed or agreement is the agent of the grantor unless it is expressly provided otherwise in the deed or agreement or the instrument by or under which the receiver was appointed. 6A: What receiver must do before appointment 1: A person must not be appointed as a receiver unless the person has— a: consented in writing to the appointment and has not withdrawn the consent at the time of the appointment; and b: certified in writing that the person is a licensed insolvency practitioner who is not disqualified from appointment under section 5(2) c: provided to the mortgagee the written consent and certificate required under paragraphs (a) and (b). 2: A person commits an offence if— a: the person, with their consent, is appointed as a receiver despite failing to certify the matters set out in subsection (1)(b); or b: the person fails to comply with subsection (1)(c). 3: A person who commits an offence under this section is liable on conviction to a fine not exceeding $10,000. Section 6A inserted 1 September 2020 section 63 Insolvency Practitioners Regulation (Amendments) Act 2019 7: Extent of power to appoint receiver 1: A power conferred by a deed or an agreement to appoint a receiver includes the power to appoint— a: 2 or more receivers: b: a receiver additional to 1 or more presently in office: c: a receiver to succeed a receiver whose office has become vacant— unless the deed or agreement expressly provides otherwise. 2: Two or more receivers may act jointly or severally to the extent that they have the same powers unless the deed or agreement under which, or the order of the court by which, they are appointed expressly provides otherwise. 8: Notice of appointment 1: A receiver must, before the end of the next working day after the receiver’s appointment,— a: give to the grantor written notice of the appointment; and b: give to the Registrar written notice of the appointment, including— i: the receiver’s full name: ii: the date of the appointment: iii: the receiver’s business address: iv: a brief description of the property in receivership: v: the name of the person who appointed the receiver or, if the receiver was appointed by the court, the name of the person who applied for the receiver to be appointed: vi: a description of the deed, agreement, or instrument by or under which the receiver was appointed: vii: a copy of the notice referred to in paragraph (a). 1A: Within 5 working days after the receiver’s appointment, the receiver must give notice of the appointment, including the matters described in subsection (1)(b)(i) to (vi), in accordance with section 3(1)(a) 2: Where the appointment of the receiver is in addition to a receiver who already holds office or is in place of a person who has vacated office as receiver, as the case may be, every notice under this section must state that fact. 3: A notice given under this section must include a statement that receivers are required to be licensed insolvency practitioners, and that more information about the regulation of insolvency practitioners is available from the Registrar. 4: Every receiver who contravenes this section commits an offence and is liable on Section 8(1) replaced 1 September 2020 section 64(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 8(1A) inserted 1 September 2020 section 64(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 8(3) replaced 1 September 2020 section 64(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 8(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 9: Application of section 92 of Property Law Act 1952 to receivers Section 9 repealed 1 January 2008 section 364(1) Property Law Act 2007 10: Notice of receivership 1: Where a receiver is appointed in relation to a specific asset or specific assets, every deed or agreement entered into, and every document issued, by or on behalf of the grantor or the receiver that relates to the asset or assets and on which the name of the grantor appears must state that a receiver has been appointed. 2: Where a receiver is appointed in any other case, every deed or agreement entered into, and every document issued, by or on behalf of the grantor or the receiver and on which the name of the grantor appears must state that a receiver has been appointed. 3: A failure to comply with subsection (1) or subsection (2) does not affect the validity of the deed or agreement or document. 4: Every person who— a: contravenes subsection (1) or subsection (2); or b: knowingly or wilfully authorises or permits a contravention of subsection (1) or subsection (2)— commits an offence and is liable on 1955 No 63 s 346(2) 1980 No 43 s 40(1) Section 10(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 11: Vacancy in office of receiver 1: The office of receiver becomes vacant if the person holding office— a: resigns in accordance with subsection (2); or b: dies; or c: becomes disqualified under section 5(2) d: ceases to be a licensed insolvency practitioner who is permitted to act as a receiver for the property in receivership in accordance with the Insolvency Practitioners Regulation Act 2019 2: A receiver may resign office by giving not less than 7 days' written notice of his or her intention to resign to the person by whom the receiver was appointed. 3: If a vacancy occurs in the office of receiver, the person vacating office must,— a: as soon as practicable,— i: give public notice of the vacancy; and ii: give written notice of the vacancy to the person who appointed the receiver (unless the vacancy arose under subsection (1)(a)); and b: if the receiver held office in relation to the property of a company, give written notice of the vacancy, before the end of the next working day after the vacancy arose, to the Registrar (unless the vacancy arose under subsection (1)(d)). 4: 5: A receiver appointed by the court may resign office by giving not less than 7 days' notice of his or her intention to resign to the Registrar of the court that made the appointment. 6: 7: On the application of a person appointed to fill a vacancy in the office of receiver, the court may make any order that it considers necessary or desirable to facilitate the performance of the receiver's duties. 8: Every person who fails to comply with subsection (3) $10,000 Section 11(1) replaced 1 September 2020 section 65(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 11(3) replaced 1 September 2020 section 65(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 11(4) repealed 1 September 2020 section 65(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 11(6) repealed 1 September 2020 section 65(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 11(8) amended 1 September 2020 section 65(4) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 11(8) amended 1 September 2020 section 65(5) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 11(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 11A: Provision of information and assistance to replacement receiver 1: This section applies if a replacement receiver is appointed. 2: The previous receiver must, where practicable, provide to the replacement receiver the information that the previous receiver has in their possession or under their control and that the replacement receiver reasonably requires to carry out the functions and duties of receiver, including any accounting records and other documents relating to the property in receivership. 3: The previous receiver must, where practicable, provide to the replacement receiver any assistance that the replacement receiver reasonably requires to carry out the functions and duties of receiver. 4: A person who fails to comply with subsection (2) or (3) commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 11A inserted 1 September 2020 section 66 Insolvency Practitioners Regulation (Amendments) Act 2019 12: Obligations of grantor 1: A grantor and, in the case of a grantor that is a body corporate, every director of the grantor, must— a: make available to the receiver all books, documents, and information relating to the property in receivership in the grantor's possession or under the grantor's control: b: if required to do so by the receiver, verify, by statutory declaration, that the books, documents, and information are complete and correct: c: give the receiver such assistance as he or she may reasonably require: d: if the grantor is a body corporate that has a common seal, make the common seal available for use by the receiver. 2: On the application of the receiver, the court may make an order requiring the grantor, or if the grantor is a body corporate, a director of the grantor to comply with subsection (1). 13: Execution of documents 1: A receiver may execute in the name and on behalf of the grantor all documents necessary or incidental to the exercise of the receiver's powers. 2: 3: A document signed on behalf of a grantor that is a company within the meaning of section 2(1) section 180 4: Despite any other enactment or rule of law, or any document defining the constitution of a grantor that is a body corporate, if the instrument under which a receiver is appointed empowers the receiver to execute documents (and, if the grantor has a common seal, to use the grantor's common seal for that purpose), the receiver may execute the documents in the name and on behalf of the grantor (and, if the grantor has a common seal, the receiver may affix the common seal to the documents and attest to the affixing of the common seal). 5: A document executed in the manner prescribed by subsection (4) is deemed to have been properly executed by the grantor. Section 13(2) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 13(3) replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 13(4) replaced 5 December 2013 section 14 Companies Amendment Act 2013 14: Powers of receivers 1: A receiver has the powers and authorities expressly or impliedly conferred by the deed or agreement or the order of the court by or under which the appointment was made. 2: Subject to the deed or agreement or the order of the court by or under which the appointment was made, a receiver may— a: demand and recover, by action or otherwise, income of the property in receivership: b: issue receipts for income recovered: c: manage the property in receivership: d: insure the property in receivership: e: repair and maintain the property in receivership: f: inspect at any reasonable time books or documents that relate to the property in receivership and that are in the possession or under the control of the grantor: g: exercise, on behalf of the grantor, a right to inspect books or documents that relate to the property in receivership and that are in the possession or under the control of a person other than the grantor: h: in a case where the receiver is appointed in respect of all or substantially all of the assets and undertaking of a grantor that is a body corporate, change the registered office or address for service of the body corporate. 15: Power to make calls on shares 1: A receiver has the same powers as the directors of a grantor that is a company have or, if the grantor is being wound up or in liquidation, as the directors would have if it was not being wound up or in liquidation, to make calls on the members or shareholders of the company in respect of uncalled capital that is charged under the deed or agreement by or under which the receiver was appointed and to charge interest on, and enforce payment of, calls. 2: For the purposes of subsection (1), the expression uncalled capital 3: The making of a call or the exercise of a power under subsection (1) is, as between the members or shareholders of the company affected and the company, deemed to be a proper call or power made or exercised by the directors of the company. 16: Validity of acts of receivers 1: Subject to subsection (2), no act of a receiver is invalid merely because the receiver was not validly appointed or is disqualified from acting as a receiver or is not authorised to do the act. 2: No transaction entered into by a receiver is invalid merely because the receiver was not validly appointed or is disqualified from acting as a receiver or is not authorised to enter into the transaction unless the person dealing with the receiver has, or ought to have, by reason of his or her relationship with the receiver or the person by whom the receiver was appointed, knowledge that the receiver was not validly appointed or was disqualified from acting as a receiver or did not have authority to enter into the transaction. 17: Consent of mortgagee to sale of property 1: Where the consent of a mortgagee is required to the sale of property in receivership and the receiver is unable to obtain that consent, the receiver may apply to the court for an order authorising the sale of the property, either by itself or together with other assets. 2: The court may, on an application under subsection (1), make such order as it thinks fit authorising the sale of the property by the receiver if satisfied that— a: the receiver has made reasonable efforts to obtain the mortgagee's consent; and b: the sale— i: is in the interests of the grantor and the grantor's creditors; and ii: will not substantially prejudice the interests of the mortgagee. 3: An order under this section may be made on such terms and conditions as the court thinks fit. 18: General duties of receivers 1: A receiver must exercise his or her powers in good faith and for a proper purpose. 2: A receiver must exercise his or her powers in a manner he or she believes on reasonable grounds to be in the best interests of the person in whose interests he or she was appointed. 3: To the extent consistent with subsections (1) and (2), a receiver must exercise his or her powers with reasonable regard to the interests of— a: the grantor; and b: persons claiming, through the grantor, interests in the property in receivership; and c: unsecured creditors of the grantor; and d: sureties who may be called upon to fulfil obligations of the grantor. 4: Where a receiver appointed under a deed or agreement acts or refrains from acting in accordance with any directions given by the person in whose interests he or she was appointed, the receiver— a: is not in breach of the duty referred to in subsection (2); but b: is still liable for any breach of the duty referred to in subsection (1) and the duty referred to in subsection (3). 5: Nothing in this section limits or affects section 19 19: Duty of receiver selling property A receiver who exercises a power of sale of property in receivership owes a duty to— a: the grantor; and b: persons claiming, through the grantor, interests in the property in receivership; and c: unsecured creditors of the grantor; and d: sureties who may be called upon to fulfil obligations of the grantor— to obtain the best price reasonably obtainable as at the time of sale. 20: No defence or indemnity Notwithstanding any enactment or rule of law or anything contained in the deed or agreement by or under which a receiver is appointed,— a: it is not a defence to proceedings against a receiver for a breach of the duty imposed by section 19 b: a receiver is not entitled to compensation or indemnity from the property in receivership or the grantor in respect of any liability incurred by the receiver arising from a breach of the duty imposed by section 19 21: Duty in relation to money 1: A receiver must keep money relating to the property in receivership separate from other money received in the course of, but not relating to, the receivership and from other money held by or under the control of the receiver. 2: A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $75,000. Section 21(2) inserted 1 September 2020 section 67 Insolvency Practitioners Regulation (Amendments) Act 2019 22: Accounting records 1: A receiver must at all times keep accounting records that correctly record and explain the receipts, expenditure, and other transactions relating to the property in receivership. 2: The accounting records must be retained for not less than 6 years after the receivership ends. 3: A person who fails to comply with this section commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 22(3) inserted 1 September 2020 section 68 Insolvency Practitioners Regulation (Amendments) Act 2019 23: First report by receiver 1: Not later than 2 months after his or her appointment, a receiver must prepare a report on the state of affairs with respect to the property in receivership including— a: particulars of the assets comprising the property in receivership; and b: particulars of the debts and liabilities to be satisfied from the property in receivership; and c: the names and addresses of the creditors with an interest in the property in receivership; and d: particulars of any encumbrance over the property in receivership held by any creditor including the date on which it was created; and e: particulars of any default by the grantor in making relevant information available; and f: such other information as may be prescribed. 2: The report must also include details of— a: the events leading up to the appointment of the receiver, so far as the receiver is aware of them; and b: property disposed of and any proposals for the disposal of property in receivership; and c: amounts owing, as at the date of appointment, to any person in whose interests the receiver was appointed; and d: amounts owing, as at the date of appointment, to creditors of the grantor having preferential claims; and e: amounts likely to be available for payment to creditors other than those referred to in paragraph (c) or paragraph (d). 3: A receiver may omit from the report details of any proposals for disposal of the property in receivership if he or she considers that their inclusion would materially prejudice the exercise of his or her functions. 4: A receiver who fails to comply with this section commits an offence and is liable on Section 23(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 24: Further reports by receiver 1: The receiver must, not later than 2 months after the end of each period of 6 months after the receiver’s appointment, prepare a further report on the receivership. 2: A person who was a receiver at the end of the receivership must, not later than 2 months after the end of the receivership, prepare a further report on the receivership. 3: Each report prepared under this section must contain the information prescribed for the purpose of this section by regulations made under section 395(1)(cba) 4: A receiver preparing a report under subsection (1) may exclude from the report details of any proposals for disposal of property in receivership if the receiver considers that their inclusion would materially prejudice the exercise of the receiver’s functions. 5: A person who fails to comply with this section commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 24 replaced 1 September 2020 section 69 Insolvency Practitioners Regulation (Amendments) Act 2019 24A: Summary report by receiver 1: The person who was a receiver at the end of a receivership must, as soon as practicable after completing the person’s duties in relation to the receivership, provide to the Registrar, in the manner specified by the Registrar, a summary report on the receivership. 2: The summary report must contain the information prescribed for the purpose of this section by regulations made under section 395(1)(cba) 3: A person who fails to comply with this section commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 24A inserted 1 September 2020 section 69 Insolvency Practitioners Regulation (Amendments) Act 2019 25: Extension of time for preparing reports A period of time within which a person must prepare a report referred to in section 23 section 24 a: the court, where the person was appointed a receiver by the court: b: the Registrar, where the person was appointed a receiver by or under a deed or agreement. 26: Persons entitled to receive reports 1: A copy of every report prepared under section 23 section 24 a: the grantor; and b: every person in whose interests the receiver was appointed. 2: If the person was appointed a receiver by the court, he or she must file a copy of every report prepared under section 23 section 24 3: Not later than 21 days after receiving a written request for a copy of any report prepared under section 23 section 24 a: a creditor, director, or surety of the grantor; or b: any other person with an interest in any of the property in receivership; or c: the authorised agent of any of them— and on payment of the reasonable costs of making and sending the copy, the person who prepared the report must send a copy of the report to the person requesting it. 4: Within 7 days after preparing a report under section 23 section 24 5: Every person who fails to comply with this section commits an offence and is liable on Section 26(4) amended 1 September 2020 section 70 Insolvency Practitioners Regulation (Amendments) Act 2019 Section 26(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 27: Persons entitled to inspect reports A person to whom a report must be sent in accordance with section 26 28: Duty to notify suspected offences against other Acts Section 28 repealed 1 September 2020 section 71 Insolvency Practitioners Regulation (Amendments) Act 2019 29: Notice of end of receivership 1: Not later than 7 days after a receivership 2: Every person who fails to comply with subsection (1) commits an offence and is liable on Section 29(1) amended 1 September 2020 section 72 Insolvency Practitioners Regulation (Amendments) Act 2019 Section 29(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 30: Preferential claims 1: This section applies to a receiver of the property of a grantor that is a company, other than a company in liquidation at the time of the receiver's appointment, and who was appointed under a security agreement that created or provided for a security interest that— a: is over all or any part of the company's accounts receivable and inventory or all or any part of either of them; and b: is not a purchase money security interest that has been perfected at the time specified in section 74 c: is not a security interest that has been perfected under the Personal Property Securities Act 1999 d: is not a security interest referred to in subsection (6). 2: A receiver to whom this section applies must apply accounts receivable and inventory that are subject to the security interest or their proceeds— a: first, to reimburse the receiver for his or her expenses and remuneration; and b: secondly, to pay the claims of any person who has— i: a purchase money security interest over all or any of those assets, that has been perfected at the time specified in section 74 ii: a security interest over all or any of those assets, that has been perfected under the Personal Property Securities Act 1999 iii: a security interest referred to in subsection (6) that is over all or any of those assets; and c: thirdly, to pay preferential claims to the extent and in the order of priority specified in Schedule 7 clauses 1(1) 2(1)(b) 2A: The receiver must apply the accounts receivable and inventory as set out in subsection (2) before paying the claims of any person under a security interest, other than a security interest referred to in subsection (2)(b). 2B: For the purposes of subsection (2)(a), if an amount of an expense or of remuneration— a: is payable partly in relation to the accounts receivable or inventory concerned and partly in relation to other property,— i: the amount must be fairly and equitably apportioned between the accounts receivable or inventory and the other property; and ii: the proportion relating to the accounts receivable or inventory must be taken into account; and iii: the proportion relating to the other property must be disregarded: b: is payable only in relation to property other than the accounts receivable or inventory concerned, the amount must be disregarded: c: is not payable in relation to any particular property, only a fair and equitable proportion of the amount must be taken into account. 3: In the application of Schedule 7 a: references to a liquidator are to be read as references to a receiver: b: references to the commencement of the liquidation are to be read as references to the appointment of the receiver: c: references to a company being put into or being in liquidation are to be read as references to the company being put into or being in receivership: d: the reference to a period of 4 months before the commencement of the liquidation in clause 1(2)(a) i: 14 days after the date of appointment of the receiver; or ii: if notice of the termination of that employee's employment is lawfully given to the employee within 14 days after the date of appointment of the receiver or by any later date to which the period for giving notice is extended under section 32(3) e: the reference to before, or because of, the commencement of the liquidation in clause 1(2)(b) and (c) section 32(3) 4: 5: The provisions of this section, as in force immediately before the commencement of the Personal Property Securities Act 1999 6: For the purposes of subsections (1)(d) and (2)(b)(iii), the security interest is a security interest over accounts receivable, inventory, or both to the extent that the security interest secures payment or performance of an obligation under or in relation to a qualifying derivative and— a: the counterparties to the derivative are— i: 2 qualifying counterparties; or ii: a qualifying counterparty and an overseas person; and b: before enforcement of the security interest, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of— i: the enforcing counterparty; or ii: another person (who is not the company that granted the security interest) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing. 7: Terms and expressions defined in section 122A Banking (Prudential Supervision) Act 1989 8: Section 122B Banking (Prudential Supervision) Act 1989 section 122(9A)(b) Section 30(1) substituted 1 May 2002 section 5(1) Receiverships Amendment Act 2001 Section 30(1)(b) amended 1 November 2007 section 41 Companies Amendment Act 2006 Section 30(1)(c) amended 1 November 2007 section 41 Companies Amendment Act 2006 Section 30(1)(d) inserted 31 August 2019 section 29(1) Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 Section 30(2) substituted 1 November 2007 section 41 Companies Amendment Act 2006 Section 30(2)(b)(iii) inserted 31 August 2019 section 29(2) Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 Section 30(2A) inserted 1 November 2007 section 41 Companies Amendment Act 2006 Section 30(2B) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 30(3)(d) added 1 November 2007 section 41 Companies Amendment Act 2006 Section 30(3)(e) added 1 November 2007 section 41 Companies Amendment Act 2006 Section 30(4) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 30(5) added 1 May 2002 section 5(3) Receiverships Amendment Act 2001 Section 30(6) inserted 31 August 2019 section 29(3) Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 Section 30(7) inserted 31 August 2019 section 29(3) Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 Section 30(7) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 30(8) inserted 31 August 2019 section 29(3) Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 Section 30(8) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 30A: Extinguishment of subordinate security interests 1: If property has been disposed of by a receiver, all security interests in the property and its proceeds that are subordinate to the security interest of the person in whose interests the receiver was appointed are extinguished on the disposition of the property. 2: If there is a surplus left after the receiver has disposed of personal property, that surplus must be distributed according to the priorities set out in section 30B(1) and (2) 1999 No 126 s 115 Section 30A inserted 1 May 2002 section 6 Receiverships Amendment Act 2001 Section 30A(2) added 15 December 2005 section 3 Receiverships Amendment Act 2005 30B: Priorities on distribution by receiver of surplus representing proceeds of personal property 1: A surplus representing the proceeds of personal property must be distributed in the following order: a: to any person who has registered a financing statement under the Personal Property Securities Act 1999 i: the registration was effective immediately before the receiver disposed of the property; and ii: the security interest relating to that registration was subordinate to the security interest of the person in whose interests the receiver was appointed: b: to any other person ( A c: to the grantor. 2: Priority as between persons referred to in subsection (1)(a), and as between persons referred to in subsection (1)(b), must be determined according to the applicable law (including Part 7 Part 8 3: If, in the case of a distribution of the surplus to a grantor, the grantor cannot be found after reasonable inquiry by the receiver, the provisions of section 186(2) to (5) the mortgagee the mortgagor the receiver the grantor Section 30B inserted 15 December 2005 section 4 Receiverships Amendment Act 2005 Section 30B(3) amended 1 January 2008 section 364(1) Property Law Act 2007 30C: Surplus may be paid into court 1: A receiver may pay a surplus referred to in section 30A(2) section 30B(1) or (2) 2: The surplus may only be paid out on an application by the receiver or by a person claiming an entitlement to the surplus. Section 30C inserted 15 December 2005 section 4 Receiverships Amendment Act 2005 30D: Meaning of surplus and net proceeds 1: For the purposes of sections 30A to 30C a: the amount of the debt owed by the grantor to the person in whose interests the receiver was appointed (where the property secures payment of that debt); or b: the monetary value of the obligation owed by the grantor to the person in whose interests the receiver was appointed (where the property secures performance of that obligation). 2: In subsection (1), net proceeds a: the receiver's expenses and remuneration; and b: any amount or the monetary value of any obligation, as the case may be, secured by any security interest that ranks in priority to the security interest granted to the person in whose interests the receiver was appointed; and c: any other preferential claims or priority claims according to law. Section 30D inserted 15 December 2005 section 4 Receiverships Amendment Act 2005 31: Powers of receiver on liquidation or bankruptcy 1: Subject to subsection (2), a receiver may be appointed or continue to act as a receiver and exercise all the powers of a receiver in respect of property of— a: a company that is being wound up or that has been put into liquidation; or b: a debtor who has been adjudged bankrupt under the Insolvency Act 2006 unless the court orders otherwise. 2: A receiver holding office in respect of property referred to in subsection (1) may act as the agent of the grantor only— a: with the approval of the court; or b: with the written consent of the liquidator or the Official Assignee, as the case may be. 3: A receiver who, by reason of subsection (2), is not able to act as the agent of the grantor does not, by reason only of that fact, become the agent of a person by whom or in whose interests the receiver was appointed. 4: A debt or liability incurred by a grantor through the acts of a receiver who is acting as the agent of the grantor in accordance with subsection (2) is not a cost, charge or expense of the liquidation or the administration of the bankrupt's estate. Section 31(1)(b) amended 3 December 2007 section 445 Insolvency Act 2006 32: Liabilities of receiver 1: Subject to subsections (2) and (3), a receiver is personally liable— a: on a contract entered into by the receiver in the exercise of any of the receiver's powers; and b: for payment of wages or salary that, during the receivership, accrue under a contract of employment relating to the property in receivership and entered into before the appointment of the receiver if notice of the termination of the contract is not lawfully given within 14 days after the date of appointment; and c: for payment of remuneration under any contract with— i: a director of a grantor that is a body corporate; or ii: a person who, in relation to a grantor that is not a body corporate, occupies a position equivalent to that of a director of a body corporate— if the receiver has expressly confirmed the contract. 2: The terms of a contract referred to in paragraph (a) of subsection (1) may exclude or limit the personal liability of a receiver other than a receiver appointed by the court. 3: The court may, on the application of a receiver, extend the period within which notice of the termination of a contract is required to be given under paragraph (b) of subsection (1) and may extend that period on such terms and conditions as the court thinks fit. 4: Every application under subsection (3) must be made before the expiry of the period referred to. 5: Subject to subsection (7), a receiver is personally liable, to the extent specified in subsection (6), for rent and any other payments becoming due under an agreement subsisting at the date of the appointment of the receiver relating to the use, possession, or occupation by the grantor of property in receivership. 6: The liability of a receiver under subsection (5) is limited to that portion of the rent or other payments which accrue in the period commencing 14 days after the date of the appointment of the receiver and ending on— a: the date on which the receivership ends; or b: the date on which the grantor ceases to use, possess, or occupy the property,— whichever is the earlier. 7: The court may, on the application of a receiver,— a: limit the liability of the receiver to a greater extent than that specified in subsection (6): b: excuse the receiver from liability under subsection (5). 8: Nothing in subsection (5) or subsection (6)— a: is to be taken as giving rise to an adoption by a receiver of an agreement referred to in subsection (5); or b: renders a receiver liable to perform any other obligation under the agreement. 9: A receiver is entitled to an indemnity out of the property in receivership in respect of personal liability under this section. 10: Nothing in this section— a: limits any other right of indemnity to which a receiver may be entitled; or b: limits the liability of a receiver on a contract entered into without authority; or c: confers on a receiver a right to an indemnity in respect of liability on a contract entered into without authority. 33: Relief from liability 1: The court may relieve a person who has acted as a receiver from all or any personal liability incurred in the course of the receivership if it is satisfied that— a: the liability was incurred solely by reason of a defect in the appointment of the receiver or in the deed or agreement or order of the court by or under which the receiver was appointed; and b: the receiver acted honestly and reasonably and ought, in the circumstances, to be excused. 2: The court may exercise its powers under subsection (1) subject to such terms and conditions as it thinks fit. 3: A person in whose interests a receiver was appointed is liable, subject to such terms and conditions as the court thinks fit, to the extent to which the receiver is relieved from liability. 4: The court may give such directions as it thinks fit for the purposes of subsection (3). 1955 No 63 s 345A 1980 No 43 s 39 34: Court supervision of receivers 1: The court may, on the application of a receiver,— a: give directions in relation to any matter arising in connection with the performance of the functions of the receiver: b: revoke or vary any such directions. 2: The court may, on the application of a person referred to in subsection (3),— a: in respect of any period, review or fix the remuneration of a receiver at a level which is reasonable in the circumstances: b: to the extent that an amount retained by a receiver as remuneration is found by the court to be unreasonable in the circumstances, order the receiver to refund the amount: c: declare whether or not a receiver was validly appointed in respect of any property or validly entered into possession or assumed control of any property. 3: Any of the following persons may apply to the court under subsection (2): a: the receiver: b: the grantor: c: a creditor of the grantor: d: a person claiming, through the grantor, an interest in the property in receivership: e: the board of directors of the grantor or, in the case of a grantor that is in liquidation, the board of the grantor at the time the liquidator was appointed: f: if the grantor is a company, a liquidator: g: if the grantor is a person who has been adjudged bankrupt, the Official Assignee of the estate of the grantor. 4: The powers given by subsections (1) and (2)— a: are in addition to any other powers the court may exercise under this Act, any other Act, or in its inherent jurisdiction; and b: may be exercised in relation to a matter occurring either before or after the commencement of this Act and whether or not the receiver has ceased to act as receiver when the application is made. 5: The court may, on the application of a person referred to in subsection (3), revoke or vary an order made under subsection (2). 6: Subject to subsection (7), it is a defence to a claim against a receiver in relation to any act or omission by the receiver that he or she acted or omitted to act in accordance with a direction given under subsection (1). 7: The court may, on the application of a person referred to in subsection (3), order that, by reason of the circumstances in which a direction was obtained under subsection (1), a receiver is not entitled to the protection given by subsection (6). 35: Court may terminate or limit receivership 1: The court may, on the application of a person referred to in subsection (2),— a: order that a receiver must cease to act as such as from a specified date, and prohibit the appointment of any other receiver in respect of the property in receivership: b: order that a receiver must, as from a specified date, act only in respect of specified assets forming part of the property in receivership. 2: Any of the following persons may apply to the court under subsection (1): a: the grantor: b: if the grantor is a company, a liquidator: c: if the grantor is a person who has been adjudged bankrupt, the Official Assignee of the estate of the grantor. 3: An order may be made under subsection (1) only if the court is satisfied that— a: the purpose of the receivership has been satisfied so far as possible; or b: circumstances no longer justify its continuation. 4: Unless the court orders otherwise, a copy of an application under this section must be served on the receiver not less than 7 days before the hearing of the application, and the receiver may appear and be heard at the hearing. 5: An order under subsection (1) may be made on such terms and conditions as the court thinks fit. 6: In making an order under subsection (1), the court may prohibit a person in whose interests the receiver was appointed from taking possession or assuming control of the property in receivership. 7: Except as provided by subsection (6), an order under this section does not affect a security or charge over the property in respect of which the order is made. 8: The court may, on the application of any person who applied for or is affected by the order, rescind or amend an order made under this section. 1955 No 63 s 346A 1980 No 43 s 41 36: Meaning of failure to comply 1: In section 37 failure to comply a: the deed, agreement, or order of the court by or under which the receiver was appointed: b: an enactment: c: a rule of law: d: a court order. 2: In proceedings under section 37 a: a finding of any fact made in proceedings before the District Court or High Court for an offence under this Act or any other enactment that there was a failure to comply is prima facie evidence of that fact: b: a finding described in paragraph (a) may be proved by production of a document under the seal of the court in which the finding was made. 1986 No 121 s 46 Section 36 replaced 1 September 2020 section 73 Insolvency Practitioners Regulation (Amendments) Act 2019 37: Orders to enforce receiver's duties 1: An application for an order under this section may be made by— a: the Registrar: b: a receiver: c: a person seeking appointment as a receiver: d: the grantor: e: a person with an interest in the property in receivership: f: a creditor of the grantor: g: a guarantor of an obligation of the grantor: h: if the grantor is a company, a liquidator of the grantor: i: if the receiver is a qualified statutory accountant (within the meaning of section 5(1) j: if the receiver is a barrister and solicitor or a solicitor, the President of the New Zealand Law Society: k: if the grantor is a person who has been adjudged bankrupt, the Official Assignee of the estate of the grantor. 2: An application for an order under this section may be made by a receiver of the property of a grantor in relation to a failure to comply by another receiver of the property of the grantor. 3: No application may be made to the court in relation to a failure to comply unless notice of the failure to comply has been served on the receiver not less than 7 days before the date of the application and, as at the date of the application, there is a continuing failure to comply. 4: If the court is satisfied that there is, or has been, a failure to comply, the court may— a: relieve the receiver of the duty to comply wholly or in part; or b: order the receiver to comply to the extent specified in the order; or c: remove the receiver from office; or d: make a prohibition order. 5: The court may, in respect of a person who is or becomes disqualified under section 5(2) a: remove the person from office; or b: order that the person may be appointed and act or may continue to act as a receiver, despite section 5(2) 6: If the court is satisfied that a person is unfit to act as a receiver because of persistent failures to comply or the seriousness of a failure to comply, the court must make a prohibition order. 6A: The period of a prohibition order under this section is a matter for the discretion of the court, and the court may make a prohibition order permanent. 6B: However, the court may make a prohibition order permanent, or for a period longer than 10 years, only in the most serious of cases for which an order may be made. 7: A person to whom a prohibition order applies— a: must not act (or continue to act) as an insolvency practitioner; and b: must be treated as if they are not a licensed insolvency practitioner ( see section 8 8: In making an order under this section the court may, if it thinks fit,— a: make an order extending the time for compliance: b: impose a term or condition: c: make an ancillary order. 9: A copy of every order made under this section must be delivered by the applicant to the Registrar before the end of the working day after the day on which the order was made. 10: The Registrar must provide a copy of the order to each accredited body (within the meaning of the Insolvency Practitioners Regulation Act 2019 Section 37(1)(i) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 37(4) replaced 1 September 2020 section 74(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(5) replaced 1 September 2020 section 74(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(6) replaced 1 September 2020 section 74(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(6A) inserted 1 September 2020 section 74(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(6B) inserted 1 September 2020 section 74(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(7) replaced 1 September 2020 section 74(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(9) replaced 1 September 2020 section 74(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 37(10) inserted 1 September 2020 section 74(3) Insolvency Practitioners Regulation (Amendments) Act 2019 38: Special provisions relating to evidence 1: Evidence that, within the preceding 5 years while a person was acting as a receiver or as a liquidator, as the case may be,— a: the court has, in relation to that person, on 2 or more occasions made an order to comply under section 37 b: the court has, in relation to that person, on 2 or more occasions made an order to comply under section 286 c: the court has, in relation to that person, made 1 or more orders to comply under section 37 section 286 is, in the absence of special reasons to the contrary, evidence of persistent failures to comply for the purposes of section 37(6)(a) 2: Evidence that, within the preceding 5 years while a person was acting as a receiver or as a liquidator, as the case may be,— a: 2 or more applications for an order to comply under section 37 b: 2 or more applications for an order to comply under section 286 c: 1 or more applications for an order to comply under section 37 section 286 and, in each case, the person has complied after the making of the application and before the hearing is, in the absence of special reasons to the contrary, evidence of persistent failures to comply for the purposes of section 37(6)(a) 39: Orders protecting property in receivership The court may, on making an order that removes, or has the effect of removing, a receiver from office, make such orders as it thinks fit— a: for preserving property in receivership: b: requiring the receiver for that purpose to make available to any person specified in the order any information and documents in the possession or under the control of the receiver. 40: Refusal to supply essential services prohibited 1: For the purposes of this section, an essential service a: the retail supply of gas: b: the retail supply of electricity: c: the supply of water: d: telecommunications services. 2: For the purposes of this section, telecommunications services 3: Notwithstanding the provisions of any other Act or any contract, a supplier of an essential service must not— a: refuse to supply the service to a receiver or to the owner of property in receivership by reason of the grantor's default in paying charges due for the service in relation to a period before the date of the appointment of the receiver; or b: make it a condition of the further supply of the service to a receiver or to the owner of property in receivership that payment be made of outstanding charges due for the service in relation to a period before the date of the appointment of the receiver; or c: Section 40(3)(c) repealed 1 July 1994 Receiverships Amendment Act 1994 Local authorities Heading: inserted 1 July 2003 section 262 Local Government Act 2002 40A: Instrument may provide for appointment of receiver Subject to the Personal Property Securities Act 1999 1974 No 123 s 122ZL(1) Section 40A inserted 1 July 2003 section 262 Local Government Act 2002 40B: Power of court to appoint receiver 1: Subject to sections 40D 40E section 115 2: An appointment under subsection (1) must be for such period, with such rights, powers, and duties, and on such terms and conditions, including as to security and remuneration, as the court considers appropriate in all the circumstances. 3: When considering, in accordance with subsection (2), the terms and conditions upon which a receiver can be appointed by a court pursuant to subsection (1), the court must— a: take account of the interests of both the secured and non-secured creditors of the local authority, as against— i: the interests of the local authority itself; and ii: the requirement of the local authority to provide those services that are essential for the maintenance of public health and safety; and iii: the interests of the ratepayers with property within the area of the local authority; and iv: the interests of the general public living within the area of the local authority; and b: take account of the interests of secured creditors as against the interests of non-secured creditors of the local authority. 1974 No 123 s 122ZL(2), (3) Section 40B inserted 1 July 2003 section 262 Local Government Act 2002 40C: Powers and duties of receivers 1: A receiver of any asset of a local authority is, as the circumstances and the context permit, affected by the restrictions and responsibilities which by law affect a receiver of a company or of an asset or property or rights of a company as if the local authority were a company. 2: The provisions of this Act are, in their application to a receiver of an asset of a local authority, subject to the modifications and exceptions set out in Schedule 1 3: If the assets subject to a charge to which this section applies comprise rates or other revenues, then, for the purposes of this section, from the date of the appointment of the receiver and until such time as the appointment terminates,— a: the rates or other revenues so charged vest in the receiver; and b: all powers necessary for the recovery of rates levied under section 115 1974 No 66 s 122ZM Section 40C inserted 1 July 2003 section 262 Local Government Act 2002 40D: Constraints on receiver 1: Despite anything in this Act or in any instrument providing for or governing the appointment of a receiver, a receiver of any asset of a local authority must ensure that no action of the receiver prevents the provision of those services of the local authority that are essential for the maintenance of public health and safety requirements. 2: For the purposes of this section,— a: an action of a receiver is deemed not to prevent provision of the services specified in subsection (1) unless— i: that action necessarily results in that outcome; and ii: the outcome is not more fairly attributable to the act, or omission to act, of persons outside the control of the receiver; and b: receiver 3: A receiver must distribute the proceeds of collection of the money and assets the receiver is entitled to collect in the following order of priority: a: first, the receiver's remuneration, and costs incurred by the receiver and reimbursement of the costs of obtaining appointment of the receiver to any person who has incurred them: b: second, any amounts payable in respect of claims by law to be preferred to claims under any charge over those assets: c: third, any amounts required to be paid out of the proceeds of collection of the money and assets to enable the receiver to provide the services specified in subsection (1): d: fourth, the amounts secured by any charges over those assets in the order of priority accorded those charges, so as to preserve the respective entitlements of the holders of those charges: e: fifth, if the receiver was appointed on the application of an unsecured creditor or unsecured creditors, to those creditors or, as the court may direct, any amounts payable to them,— and any residue must be paid to, or applied for the benefit of, the local authority, as it may direct. 4: A receiver appointed under section 40A section 40B(1) 5: Subject to subsection (6), if any land vested in a local authority is— a: a reserve under the Reserves Act 1977 b: land over which the local authority has no power of disposition; or c: land in respect of which the local authority's power of disposition is conditional,— the power of disposition that a receiver of that local authority has in respect of that land is limited to a power of disposition by way of lease or licence for a term or terms not exceeding in the aggregate 9 years. 6: The powers of disposition that a receiver has in respect of any land of the kind described in subsection (5)(c) comprise, in addition to the power specified in subsection (5), the same conditional power of disposition as the local authority. 1974 No 123 s 122ZN Section 40D inserted 1 July 2003 section 262 Local Government Act 2002 40E: Protection for receiver 1: Subject to subsection (4), no proceedings lie against any receiver of a local authority for breach of section 40D(1)— a: by the receiver; or b: by any adviser or delegate of the receiver (being an adviser or delegate who has been reasonably selected and reasonably supervised). 2: Subject to subsection (4), no proceedings lie against any adviser or delegate of any receiver of a local authority for a breach of section 40D 3: Subject to subsection (4), a receiver (and any adviser or delegate who has been reasonably selected and reasonably supervised, as the case requires), must, in respect of any liability relating to the exercise or purported exercise or omission to exercise any right or power of the receiver by the receiver or the adviser of the receiver or the delegate of the receiver, be indemnified— a: by the local authority, in the case of a receiver appointed by the High Court under section 40B(1) b: out of the assets subject to receivership, in the case of any other receiver but subject to any contrary terms of appointment. 4: No person is exempted from liability under subsection (1) or is entitled to be indemnified under subsection (3) for any act or omission to act which constitutes bad faith or gross negligence on the part of that person. 5: Nothing in this section limits or affects the provisions of sections 19 20 1974 No 123 s 122ZO Section 40E inserted 1 July 2003 section 262 Local Government Act 2002 41: Repeals 1: Section 101 and Part 7 of the Companies Act 1955 2: Sections 6 and 39 to 43 of the Companies Amendment Act 1980 Section 41 substituted 1 July 1994 Receiverships Amendment Act 1994 (1994 No 14) 42: Act subject to application of Cape Town Convention and Aircraft Protocol 1: Sections 17 30 section 106 Part 12 2: In this section,— Aircraft Protocol section 104(1) Cape Town Convention section 104(1) Section 42 added 1 November 2010 section 14(1) Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010

DLM302515

1993

Foreign Affairs Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Foreign Affairs Amendment Act 1993, and shall be read together with and deemed part of the Act heretofore known as The External Relations Act 1988 2: This Act shall come into force on the 1st day of July 1993. 2: 3: 4: 5: 6: 7: 8: 9: Transitional provisions 1: After the commencement of this Act, all proceedings that were pending by or against the Ministry of Foreign Affairs or the Ministry of External Relations and Trade immediately before the commencement of this Act may be carried on, completed, or enforced by or against the Ministry of Foreign Affairs and Trade. 2: Every reference in any enactment or document in force at the commencement of this Act (other than an Act specified in Schedule 1 Schedule 2 3: Every reference in any enactment or document passed or made before the 23rd day of October 1969 to the Minister of External Affairs, and every reference in any enactment or document passed or made before the commencement of this Act to the Minister of Foreign Affairs, shall, after the commencement of this Act, unless the context otherwise requires, be read as a reference to the Minister of Foreign Affairs and Trade. 4: Every reference in any enactment or document in force at the commencement of this Act (other than an Act specified in Schedule 1 Schedule 2 5: Subsections (3) (4) (5) (6)

DLM317163

1993

Animal Identification Act 1993

1: Short Title and commencement 1: This Act may be cited as the Animal Identification Act 1993. 2: Section 11 3: Sections 2 to 9 4: Section 10 5: Except as provided in subsections (2) to (4), this Act shall come into force on the day on which it receives the Royal assent. 2: Interpretation In this Act, unless the context otherwise requires,— authorised person section 2(1) Director-General inspector section 2(1) occupier a: in relation to any place physically occupied by any person, means that person; and b: in relation to any other place, means the owner of the place; and c: in relation to any place, includes any agent, employee, or other person, acting or apparently acting in the general management or control of the place registered identification a: used; or b: intended to be used,— pursuant to an identification system for the time being registered under section 3 Identification systems 3: Registration of identification systems 1: The Director-General may register an identification system which— a: provides unique, clear, and lasting identification of animals of any kind or description, having regard to— i: the distribution of; and ii: management practices relating to; and iii: any other relevant characteristics of,— animals of that kind or description; and b: provides a satisfactory method for the regular and continuing updating of identifications within the system; and c: does not create confusion with any other registered system. 2: An application for registration, or amendment or renewal of registration of an identification system, shall be made in accordance with regulations made under this Act and shall be accompanied or supplemented by such information concerning the system as the Director-General may require. 3: The Director-General shall consider every application for registration under this section; and, if satisfied that the application meets the criteria in subsection (1) and has been made in accordance with the regulations, the Director-General shall register the system. 4: The initial registration of a system shall remain in force for 5 years and may from time to time be renewed for similar terms by application made before the registration expires. 4: Register of identification systems 1: The Director-General shall maintain a register of identification systems in such manner as the Director-General thinks suitable; but the register shall contain and be capable of readily disclosing an adequate and up to date description of each registered system. 2: The register shall be available for public inspection and information during normal office hours on payment of a reasonable charge. 5: Monitoring identification systems 1: The Director-General shall monitor the effectiveness and efficiency of identification systems registered under this Act. 2: The Director-General may revoke a registration under this Act on the grounds that the system is ineffective or is being operated inefficiently; but before doing so the Director-General shall— a: give not less than 20 working days' notice to the holder of the registration of the proposed revocation and the reasons for it; and b: as part of that notice, advise that the holder may make written representations to the Director-General concerning the proposed revocation; and c: consider any representations made by the holder of the registration. 6: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing the procedure for applications for registration under this Act, and for alteration, surrender, or renewal of registration: b: providing for and regulating the required content of identification systems, the manner of operation of identification systems, and enabling general and special conditions to be attached to the registration of such systems: c: prescribing the rights and obligations of registered holders of identification systems, with respect to the identification of animals in accordance with registered systems: d: providing for the recovery of the costs of the Director-General incurred in the establishment and maintenance of the register of identification systems and the performance of the Director-General's duties under this Act: e: prescribing offences in respect of the contravention of any regulations made under this Act or any lawful direction or requirement made under this Act or any such regulations, and providing for fines that may be imposed in respect of any such offences of an amount not exceeding $1,000. Offences relating to identification of stock 7: Destruction of skins or removal of distinguishing identifications prohibited 1: No person shall, unless that person has— a: reasonable excuse; or b: the written permission of an inspector or authorised person,— alter, deface, remove, or cause to be altered, defaced, or removed, a registered identification that has been used to identify an animal. 2: No person shall use to identify an animal a registered identification that the person is not entitled to use. 3: No person shall use a registered identification to identify an animal that the person— a: is not entitled to identify; or b: is not entitled to identify with that identification. 4: No person shall use to identify an animal an identification (not being a registered identification) that the person knows is likely to be mistaken for or confused with a registered identification. 5: A person who contravenes this section commits an offence, and is liable on conviction to a fine not exceeding $5,000. 6: A person who, in any proceeding under this section, is proved to have been in possession of any part of an animal from which any registered identification has been removed, or that is or was identified by a registered identification that has been defaced or destroyed, shall, in the absence of proof to the contrary by that person, be presumed to have removed, defaced, or destroyed the identification. 1967 No 50 s 64 8: Inspection of skins and carcasses 1: An inspector or authorised person may at any time inspect the skin or carcass of any slaughtered animal, wherever the animal was slaughtered and wherever the skin is found. 2: On the request of an inspector or authorised person— a: the occupier of any place where— i: animals are slaughtered; or ii: any product derived from slaughtered animals is handled or stored,— shall provide to the inspector or authorised person full particulars in writing as to the person from whom any animal was received for slaughter and as to the disposition of the skin or carcass or product; and b: the occupier or other person for the time being in charge of the premises on which any skin or carcass of any slaughtered animal or product derived from any slaughtered animal is found shall provide full particulars in writing as to the person from whom the skin or carcass or product was received or on whose account it is held; and c: every person who, whether as principal or agent, buys or receives from any other person, or sells or delivers to any other person, any hides or skins or carcasses of any animal, shall provide full particulars in writing as to the transaction, together with certified copies of all accounts, records, and other documents relating to the transaction in the possession or under the control of that person. 3: A person who contravenes subsection (2) commits an offence, and is liable on conviction to a fine not exceeding $1,000. 1967 No 50 s 65 9: Recovery of stray stock 1: On the application of an animal owner who believes on reasonable grounds that any stock owned by that person has strayed on to land occupied by any other person or is in the possession of any other person, an inspector or authorised person may by notice in writing require that other person, on a date specified in the notice,— a: to muster his or her stock of the kind to which the application relates; or b: if that person is not holding such stock on land in his or her occupation, to allow any stock whose identity is in question to be mustered in a yard or pen,— for the purpose of identification and handing over of any stock belonging to the applicant. 2: If an inspector or authorised person is unable for good reason to deal with an application under subsection (1) without some delay and believes on reasonable grounds that any stock whose identity is in question may be removed from the land or otherwise disposed of in the meantime, the inspector or authorised person may, if requested to do so by the applicant, order the detention of the stock in such manner as the inspector or authorised person thinks appropriate until the application is dealt with or the expiration of 7 days, whichever happens first. 3: Every person who refuses or fails to comply with a notice or order under this section commits an offence against this Act and is liable on conviction to a fine not exceeding $1,000. 4: An inspector or authorised person may, on the application of a person who has been given a notice under subsection (1), postpone the date fixed for the mustering of animals. 5: A person to whom a notice or order is given under this section is entitled to recover from the owner who requested the notice or order— a: any reasonable expenses incurred in mustering or delivering the stock concerned or in carrying out an order for detention; and b: compensation for any unavoidable damage suffered in complying with the notice or order. 6: Any occupier of land who believes on reasonable grounds that animals owned by another person have strayed onto the land may, by written notice to the other person, require the other person to remove such of the animals as in fact belong to the other person at the other person's expense. 7: A party to a covenant established for 1 or more of the purposes specified in subparagraphs (ii) to (v) of section 57(1)(c) a: may by written notice to the owner of the animals require the owner to remove or destroy the animals; and b: if the notice is not complied with, have the animals impounded at the cost of the owner. 1967 No 50 s 61 Section 9(7) amended 7 May 1999 section 2 Animal Identification Amendment Act 1999 10: Consequential revocations The following orders are hereby revoked: a: the Deer Branding Order 1976 b: the Goat Branding Order 1977 c: the Deer Branding Order 1976, Amendment No 1 d: the Animal Branding Fees Regulations 1985 11: Transitional 1: Notwithstanding section 167(1) sections 64 to 66, 69 to 73, 75 to 78, 80 to 83, 91, 93, and 96 of the Animals Act 1967 2: Where any brand or earmark is registered or enuring under Part 5 of the Animals Act 1967 a: it is revoked under section 5(2) b: the close of 30 June 1998,— (whichever is the sooner) be deemed to be registered under this Act an identification system providing for the use of that brand or mark. 3: Subject to subsection (4), at any time on or after 1 January 1995, this Act shall apply to an application for the registration of an identification system made after the enactment of this Act and before that day as if this Act had been in force when the application was made; but if the system involves the use of a brand or mark then registered or enuring under Part 5 of the Animals Act 1967 4: The registration of an identification system under this Act before 1 July 1995 shall not have effect until that day.

DLM307518

1993

Electoral Act 1993

1: Short Title This Act may be cited as the Electoral Act 1993. 2: Commencement 1: If the Chief Electoral Officer makes, in accordance with section 19(5) Part 4 Parts 6 to 9 Schedules 2 3 2: If the Chief Electoral Officer makes, in accordance with section 19(5) section 3 Parts 1 2 3 5 sections 267 269 270 Schedule 1 Gazette 3: If the Chief Electoral Officer makes, in accordance with section 19(5) a: section 3 Parts 1 to 9 Schedules 1 2 3 b: on 1 July 1994, this Act shall be deemed to be repealed. 4: Except as provided in subsections (1) to (3), this Act shall come into force on the day on which it receives the Royal assent. Section 2(2) section 3 Parts 1–3 5 sections 267 269 270 Schedule 1 brought into force 17 December 1993 Gazette 3: Interpretation 1: In this Act, unless the context otherwise requires,— adult a: means a person of or over the age of 18 years; but b: where a writ has been issued for an election, includes, on or after the Monday immediately before polling day, a person under the age of 18 years if that person’s 18th birthday falls in the period beginning on that Monday and ending on polling day approved electronic medium bribery section 216 by-election candidate a: means a constituency candidate; and b: includes a list candidate (other than in Parts 6AA 6A c: in the definition of candidate advertisement section 3A Parts 6AA 6A 7 8 d: in Parts 7 8 candidate advertisement a: to vote for a constituency candidate (whether or not the name of the candidate is stated): b: not to vote for a constituency candidate (whether or not the name of the candidate is stated) census Statistics New Zealand under the Data and Statistics Act 2022 Chief Electoral Officer component party registered party applicant party a: a political party that is a member of the registered party or of the applicant party; or b: a political party that has combined some or all of its membership with that of another political party and thereby formed the registered party or the applicant party or augmented the membership of such a party, as the case may be constituency candidate corrupt practice Corrupt Practices List section 100 costs counting day section 79(2) Crown current financial member a: whose membership of the party resulted from an application made by the member to join the party; and b: who is, under the party’s rules, subject to an obligation to pay to the party a membership fee— i: on becoming a member; and ii: then at specified intervals of not more than 3 years; and c: who has paid to the party every membership fee that has for the time being become payable by the member in accordance with those rules district electoral district electorate election election advertisement section 3A election expenses a: in relation to a constituency candidate, has the meaning given to it by section 205 b: in relation to a party that is registered under Part 4 section 206 elector Electoral Commission section 4B Electoral Commissioner Commissioner electoral official electoral roll sections 101 to 103 Electoral Commission section 89D eligible political party enduring power of attorney section 95 general election General electoral district General electoral population Government hospital section 58(4) illegal practice issuing officer section 158(3)(a) list candidate Electoral Commission section 127 main roll section 107 manager section 158(2) Maori Maori electoral district section 45 Māori electoral population a: by ascertaining a proportion determined by dividing— i: the total number of persons, on counting day, either— A: registered as electors of Māori electoral districts; or B: named on the dormant rolls for Māori electoral districts; by ii: the total number of Māori persons, on counting day, either— A: registered as electors of Māori electoral districts or General electoral districts; or B: named on the dormant rolls for Māori electoral districts or General electoral districts; and b: by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day medical practitioner section 114(1)(a) member of the Defence Force section 11(1) mental impairment meshblock Minister nomination day on census day section 79(2) party Parts 6AA 6A 6B a: means a political party registered under Part 4 b: includes a political party that at any time during the regulated period has been registered under Part 4 party advertisement a: to vote for a party (whether or not the name of the party is stated): b: not to vote for a party (whether or not the name of the party is stated) party secretary secretary section 3EA permanent resident of New Zealand section 73 personation section 215 polling day polling place official section 158(1) prescribed Part 8 prison Corrections Act 2004 prison manager section 3(1) public inspection period sections 205K 206I 206ZC 209 210 210C 214C 214F a: beginning 3 working days after the date of receipt by the Electoral Commission b: ending with the close of polling day for the second general election that takes place after the date of receipt by the Electoral Commission public money Public Finance Act 1989 public notice public notification public place section 2 public servant a: means a person employed in the service of the Crown, not being honorary service; and b: includes a person employed in— i: the education service as defined in section 10(7) ii: the Cook Islands Public Service; or iii: the Western Samoan Public Service ; and ba: includes an electoral official; but bb: does not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and c: does not include any person to whom subsection (2) or subsection (3) applies; and d: does not include— i: any person by reason of his or her holding an office for which salary is payable under the Members of Parliament (Remuneration and Services) Act 2013 ii: any person by reason of his or her being employed in any of Her Majesty’s forces except the Royal New Zealand Navy, the Regular Force of the New Zealand Army, or the Regular Air Force of the Royal New Zealand Air Force; or iii: any person remunerated by fees or commission and not by wages or salary Registrar section 22 Registrar of Births and Deaths section 4 regulated period a: section 3B b: section 3BA representative Part 5 a: in relation to a person who is outside New Zealand, or who has a physical impairment,— i: a person who is a registered elector: ii: an attorney appointed under a power of attorney: b: in relation to a person who has a mental impairment,— i: a person who is a registered elector: ii: a welfare guardian appointed under section 12(1) iii: an attorney appointed under an enduring power of attorney residence to reside section 72 Returning Officer section 20B roll section 107 Speaker a: the Speaker of the House of Representatives; or b: if the Speaker of the House of Representatives is (for whatever reason) unable to act, the Deputy Speaker of the House of Representatives; or c: if neither the Speaker of the House of Representatives nor the Deputy Speaker of the House of Representatives is (for whatever reason) able to act, an Acting Speaker of the House of Representatives who is able to act special voter statement supplementary roll treating section 217 undue influence section 218 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 writ writ day A reference to a numbered form is a reference to the form so numbered in Schedule 2 2: Where any person— a: is appointed by the Crown, or the Government, or any department or agency of the Government to be a member of any commission, council, board, committee, or other body; or b: is a member of any commission, council, board, committee, or other body of which any members receive any payment out of public money,— he or she shall not by reason of that membership be deemed to be a public servant, whether or not he or she receives any travelling allowances or travelling expenses. 3: No person shall, by reason only of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988 section 52(1) 1956 No 107 s 2; 1975 No 28 s 6(2)(a), (b); 1979 No 12 s 3(a), (b); 1980 No 29 ss 2(1)–(4), 3(2), 5(2), (3); 1981 No 120 s 44(2); 1983 No 104 s 2(1); 1986 No 16 s 7(1); 1988 No 34 s 12; 1988 No 159 s 14(1) Section 3(1) anonymous repealed 20 December 2007 section 4(1) Electoral Amendment Act 2007 Section 3(1) approved electronic medium inserted 25 March 2014 section 4 Electoral Amendment Act 2014 Section 3(1) candidate substituted 1 January 2011 section 4(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3(1) candidate advertisement inserted 1 January 2011 section 4(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3(1) census amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 3(1) Chief Registrar repealed 1 July 2012 section 52(1) Electoral (Administration) Amendment Act 2011 Section 3(1) Clerk of the Writs repealed 28 February 2002 section 3(1) Electoral Amendment Act 2002 Section 3(1) component party inserted 6 December 1995 section 2(1) Electoral Amendment Act (No 2) 1995 Section 3(1) corrupt practice substituted 20 December 2007 section 4(2) Electoral Amendment Act 2007 Section 3(1) corrupt practice amended 1 March 2009 section 4(3) Electoral Amendment Act 2009 Section 3(1) counting day inserted 31 March 2023 section 4(2) Electoral (Māori Electoral Option) Legislation Act 2022 Section 3(1) current financial member inserted 28 February 2002 section 3(4) Electoral Amendment Act 2002 Section 3(1) Deputy Returning Officer repealed 28 February 2002 section 3(1) Electoral Amendment Act 2002 Section 3(1) election advertisement inserted 1 January 2011 section 4(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3(1) election expenses substituted 1 March 2009 section 4(2) Electoral Amendment Act 2009 Section 3(1) election expenses amended 17 August 2011 section 4(1) Electoral (Administration) Amendment Act 2011 Section 3(1) election expenses amended 17 August 2011 section 4(2) Electoral (Administration) Amendment Act 2011 Section 3(1) Electoral Commission substituted 1 October 2010 section 5(1) Electoral (Administration) Amendment Act 2010 Section 3(1) Electoral Commissioner Commissioner substituted 1 October 2010 section 5(2) Electoral (Administration) Amendment Act 2010 Section 3(1) electoral official substituted 1 October 2010 section 5(3) Electoral (Administration) Amendment Act 2010 Section 3(1) electoral roll substituted 28 February 2002 section 3(3) Electoral Amendment Act 2002 Section 3(1) electoral roll amended 21 March 2017 section 4(1) Electoral Amendment Act 2017 Section 3(1) electoral roll amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 3(1) eligible political party substituted 6 December 1995 section 2(2) Electoral Amendment Act (No 2) 1995 Section 3(1) hospital substituted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 3(1) illegal practice substituted 20 December 2007 section 4(3) Electoral Amendment Act 2007 Section 3(1) illegal practice amended 1 March 2009 section 4(4) Electoral Amendment Act 2009 Section 3(1) issuing officer inserted 28 February 2002 section 3(4) Electoral Amendment Act 2002 Section 3(1) list candidate inserted 1 March 2009 section 4(2) Electoral Amendment Act 2009 Section 3(1) list candidate amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 3(1) manager inserted 28 February 2002 section 3(4) Electoral Amendment Act 2002 Section 3(1) Māori electoral population replaced 31 March 2023 section 4(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 3(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) mental impairment inserted 25 March 2014 section 4 Electoral Amendment Act 2014 Section 3(1) mental institution repealed 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 3(1) New Zealand Post New Zealand Post Limited repealed 1 July 2012 section 49 Electoral (Administration) Amendment Act 2011 Section 3(1) on census day inserted 31 March 2023 section 4(2) Electoral (Māori Electoral Option) Legislation Act 2022 Section 3(1) party substituted 1 January 2011 section 4(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3(1) party amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 3(1) party advertisement inserted 1 January 2011 section 4(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3(1) party secretary secretary replaced 1 April 2020 section 15 Electoral Amendment Act 2019 Section 3(1) penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 3(1) polling place official inserted 28 February 2002 section 3(4) Electoral Amendment Act 2002 Section 3(1) prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 3(1) prison manager inserted 30 June 2020 section 4 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 3(1) public inspection period inserted 1 March 2009 section 4(2) Electoral Amendment Act 2009 Section 3(1) public inspection period amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 3(1) public inspection period amended 1 January 2011 section 4(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3(1) public inspection period amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 3(1) public inspection period amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 3(1) public servant substituted 3 May 1997 section 5 State Sector Amendment Act 1997 Section 3(1) public servant amended 1 August 2020 section 668 Education and Training Act 2020 Section 3(1) public servant amended 1 October 2010 section 5(4) Electoral (Administration) Amendment Act 2010 Section 3(1) public servant inserted 1 October 2010 section 5(5) Electoral (Administration) Amendment Act 2010 Section 3(1) public servant inserted 1 October 2010 section 5(5) Electoral (Administration) Amendment Act 2010 Section 3(1) public servant amended 16 December 2013 section 66 Members of Parliament (Remuneration and Services) Act 2013 Section 3(1) Registrar of Births and Deaths inserted 28 July 1997 section 7 Births, Deaths, and Marriages Registration Amendment Act 1997 Section 3(1) Registrar of Births and Deaths amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 3(1) regulated period replaced 1 January 2023 section 23 Electoral Amendment Act 2022 Section 3(1) representative inserted 25 March 2014 section 4 Electoral Amendment Act 2014 Section 3(1) Returning Officer substituted 28 February 2002 section 3(6) Electoral Amendment Act 2002 Section 3(1) secretary repealed 1 March 2009 section 4(5) Electoral Amendment Act 2009 Section 3(1) Speaker substituted 28 February 2002 section 3(7) Electoral Amendment Act 2002 Section 3(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 3(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 3AA: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 3AA inserted 21 March 2017 section 5 Electoral Amendment Act 2017 3A: Meaning of election advertisement 1: In this Act, election advertisement a: means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following: i: to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated): ii: to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and b: includes— i: a candidate advertisement; and ii: a party advertisement. 2: None of the following are election advertisements: a: an advertisement that— i: is published, or caused or permitted to be published, by the Electoral Commission ii: relates to electoral matters or the conduct of any general election or by-election; and iii: contains either— A: a statement indicating that the advertisement has been authorised by that officer or agency; or B: a symbol indicating that the advertisement has been authorised by that officer or agency: b: contact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements: i: the information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and ii: the information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and iii: the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and iv: the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and v: the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and vi: the information is not included, combined, or associated with an election advertisement (as defined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by— A: the member of Parliament; or B: the secretary of the party to which the member of Parliament belongs; or C: any other person with the authority of the member of Parliament: c: the editorial content of— i: a periodical: ii: a radio or television programme: iii: a publication on a news media Internet site: d: any transmission (whether live or not) of proceedings in the House of Representatives: e: any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views. 2A: When determining whether signage is contact information,— a: all of the fixed signage on an out-of-Parliament office of a member of Parliament must be treated as a single sign; and b: all of the signage on a vehicle of a member of Parliament must be treated as a single sign. 3: In this section,— contact information a: must include— i: the name of the member of Parliament; and ii: the contact details of the member of Parliament, being 1 or more of the following: A: telephone number: B: physical or postal address: C: email address; and iii: the name of the electoral district that the member of Parliament represents or, if the member has not been elected to represent an electoral district, the fact that the member has been elected from a party list; and b: may include 1 or more of the following: i: a photograph of the member of Parliament: ii: the website address of either or both— A: the member of Parliament: B: the party to which the member of Parliament belongs: iii: the name of the party to which the member of Parliament belongs: iv: the logo of the party to which the member of Parliament belongs: v: the times when the member of Parliament is available for consultation by the public periodical a: was established for purposes unrelated to the conduct of election campaigns; and b: since its establishment has been— i: published at regular intervals; and ii: generally available to members of the public vehicle section 2(1) 1993 No 87 ss 221(1), (6), 221A(2), (4) (pre-1 January 2011); 2007 No 111 ss 4 5(2) Section 3A inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3A(2)(a)(i) amended 1 July 2012 section 52(2) Electoral (Administration) Amendment Act 2011 Section 3A(2A) inserted 21 March 2017 section 6(1) Electoral Amendment Act 2017 Section 3A(3) vehicle inserted 21 March 2017 section 6(2) Electoral Amendment Act 2017 3B: Meaning of regulated period: general election 1: In this Act, regulated period a: subsections (2) and (3), if the Prime Minister gives public notice of the day that is to be polling day for the general election and that day is not subsequently changed to a later day; and b: subsection (4), if the Prime Minister gives public notice of the day that is to be polling day for the general election and that day is subsequently changed to a later day. 2: If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period— a: commences on the later of the following days: i: the day after the date on which the Prime Minister gives that public notice: ii: the day that is 3 months before polling day; and b: ends with the close of the day before polling day. 3: If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period— a: commences on the close of the default day; and b: ends with the close of the day before polling day. 4: If at any time after giving public notice of the day that is to be polling day ( day A day B a: the period— i: commencing on the day after the date on which the Prime Minister gives public notice of day B; and ii: ending on the close of the day before day B; and b: the period— i: commencing 3 months before day B; and ii: ending on the close of the day before day B. 5: In this section,— default day give public notice Section 3B inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 3B heading replaced 1 January 2023 section 24(1) Electoral Amendment Act 2022 Section 3B(1) replaced 1 January 2023 section 24(2) Electoral Amendment Act 2022 Section 3B(4) replaced 1 January 2023 section 24(3) Electoral Amendment Act 2022 3BA: Meaning of regulated period: by-election In this Act, regulated period a: commences on the day after the day on which the notice of the vacancy to be filled by the by-election is published under section 129(1) b: ends with the close of the day before polling day. Section 3BA inserted 1 January 2023 section 25 Electoral Amendment Act 2022 3C: Electoral Commission to publish details relating to regulated period The Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette a: the date on which the regulated period commenced; and b: the date on which the regulated period will end. Section 3C inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 3D: Meaning of publish In this Act, unless the context otherwise requires, publish a: including— i: displaying on any medium: ii: distributing by any means: iii: delivering to an address: iv: leaving at a place: v: sending by post or otherwise: vi: printing in a newspaper or other periodical: vii: broadcasting by any means: viii: disseminating by means of the Internet or any other electronic medium: ix: storing electronically in a way that is accessible to the public: x: incorporating in a device for use with a computer: xi: inserting in a film or video; but b: excluding addressing 1 or more persons face to face. Section 3D inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 3E: Meaning of advertising expenses 1: In this Act, advertising expenses a: includes— i: the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and ii: the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but b: excludes the cost of— i: the conduct of any survey or public opinion poll; and ii: any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and iii: the labour of any person that is provided free of charge by that person; and iv: the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by— A: 1 or more persons, other than the person promoting the advertisement ( person A B: the occurrence of an event beyond the control of person A, or any person acting on behalf of person A. 2: To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money's worth. 3: In this section, vehicle section 2(1) Section 3E inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 3EA: Meaning of party secretary 1: In this Act, party secretary secretary a: section 63(2)(c)(iii) or (iv) b: section 67(3)(c) c: section 67AA(2) 2: The person designated as party secretary must live in New Zealand. Section 3EA inserted 1 April 2020 section 16 Electoral Amendment Act 2019 Extraterritorial application Heading inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 3F: Application of Act to conduct outside New Zealand 1: The provisions of Part 6AA 6A a: in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and b: outside New Zealand, in any case where the promoter of the advertisement is in New Zealand. 2: Subsection (1) does not affect the application of the provisions of this Act (other than those provisions in Parts 6AA 6A Crimes Act 1961 Section 3F inserted 1 January 2011 section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 1: Electoral Commission 4: Electoral Commission Section 4 repealed 1 October 2010 section 6 Electoral (Administration) Amendment Act 2010 4A: Crown Entities Act 2004 to apply Section 4A repealed 1 October 2010 section 6 Electoral (Administration) Amendment Act 2010 4B: Electoral Commission 1: This section establishes the Electoral Commission. 2: The Electoral Commission is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 4: The Electoral Commission established by subsection (1) is not the same body as the Electoral Commission established by section 4 Section 4B inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 4C: Objective The objective of the Electoral Commission a: facilitates participation in parliamentary democracy; and b: promotes understanding of the electoral system and associated matters; and c: maintains confidence in the administration of the electoral system. Section 4C inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4C amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4D: Membership of Electoral Commission 1: The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission a: 1 member as the Chief Electoral Officer; and b: 1 member as the chairperson; and c: 1 member as the deputy chairperson. 2: The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission. 3: The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004 4: Subsection (1) applies despite— a: section 28(1)(b) b: clause 1(2) of Schedule 5 Section 4D inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4D(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4E: Appointment of Judge as member not to affect tenure, etc The appointment of a Judge as a member of the board of the Electoral Commission Section 4E inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4E amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4F: Resignation of member 1: A member of the Electoral Commission 2: The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice. 3: This section applies despite section 44 1988 No 2 s 5C Section 4F inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4F(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4G: Power to remove or suspend members 1: Section 42 2: Section 39(1) 3: Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives. 4: Just cause section 40 1988 No 2 s 6 Section 4G inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4G(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4H: Filling of vacancy 1: If a vacancy occurs in the membership of the Electoral Commission 2: Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament. 3: An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment. 1988 No 2 s 7 Section 4H inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4H(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4I: Deputy Electoral Commissioners 1: The Electoral Commission 2: The persons described in section 30(2) 3: The notice of appointment must— a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and b: state the term of the appointment; and c: be published by the Electoral Commission in the Gazette 4: If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy. 5: Despite subsection (4), a Deputy Electoral Commissioner— a: must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and b: is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 6: The Electoral Commission may, at any time, revoke the appointment of any deputy. 7: A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) 80(3)(a)(i) 8: Section 4I inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4I(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 4I(8) repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4J: Proceedings of Electoral Commission The provisions of Schedule 1 Section 4J inserted 22 May 2010 section 4 Electoral (Administration) Amendment Act 2010 Section 4J amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 5: Functions The functions of the Electoral Commission are to— a: carry the provisions of this Act b: carry out duties in relation to electoral broadcasting Part 6 c: promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means: ca: administer the fund established by section 6 d: consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives: e: make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission: f: carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment. Section 5 substituted 1 October 2010 section 7 Electoral (Administration) Amendment Act 2010 Section 5(a) amended 1 July 2012 section 28 Electoral (Administration) Amendment Act 2011 Section 5(b) amended 21 March 2017 section 6 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 Section 5(ca) inserted 1 July 2021 section 12 Election Access Fund Act 2020 6: Powers of Electoral Commission 1: The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,— a: initiate, sponsor, and carry out any studies or research: b: make any inquiries: c: consult with any persons or classes of persons: d: publicise, in any manner that it thinks fit, any parts of its work: e: provide information and advice on any matter— i: to the Minister for the Minister's consideration: ii: to the Minister for presentation to f: request advice, assistance, and information from any government department or any State enterprise as defined in section 2 2: Subsection (1) does not limit sections 16 17 3: If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament. Section 6 substituted 1 October 2010 section 7 Electoral (Administration) Amendment Act 2010 Section 6(1)(e)(ii) amended 17 August 2011 section 5 Electoral (Administration) Amendment Act 2011 7: Independence The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— a: this Act; and b: any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004 Section 7 substituted 1 October 2010 section 7 Electoral (Administration) Amendment Act 2010 8: Electoral Commission must report on general election 1: The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including— a: the services provided to electors to facilitate voting; and b: enrolment and voting statistics; and c: any substantive issue arising during the course of the election; and d: any changes that are necessary or desirable in respect of— i: administration processes or practices; or ii: this Act or any other law; and da: the funding provided under the Election Access Fund Act 2020 e: any matter that the Minister of Justice asks the Electoral Commission to address; and f: any other matter that the Electoral Commission considers relevant. 2: The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament. 3: The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister. Section 8 substituted 1 October 2010 section 7 Electoral (Administration) Amendment Act 2010 Section 8(1)(da) inserted 1 July 2021 section 13 Election Access Fund Act 2020 9: Electoral Commission may delegate functions or powers to electoral officials engaged by Commission 1: The Electoral Commission's board may under section 73 2: The functions or powers delegated may (without limitation) be or include either or both of the following: a: the Commission's power under section 73 b: all or any of the Commission's functions or powers that relate to registration of electors. 3: The electoral official may (without limiting the definition of that term in section 3(1) a: a body corporate: b: an individual who holds an office in, or is employed by, a body corporate. 4: For the purposes of this section, the Commission's functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 a: Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001 b: Citizens Initiated Referenda Act 1993 c: Energy Companies Act 1992 d: Juries Act 1981 e: Local Electoral Act 2001 f: Referenda (Postal Voting) Act 2000 5: The provisions of the Crown Entities Act 2004 sections 74 75 76 section 73 Section 9 replaced 1 July 2012 section 29 Electoral (Administration) Amendment Act 2011 9A: Ownership of intellectual property developed by delegates of functions or powers 1: Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated under section 73 section 9 a: in the exercise or performance by or on behalf of that official of those delegated functions or powers; or b: entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers. 2: However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property. 3: This section applies despite any contrary instrument or law. Section 9A inserted 1 July 2012 section 29 Electoral (Administration) Amendment Act 2011 10: Term of office Section 10 repealed 20 December 2007 section 8 Electoral Amendment Act 2007 11: Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 Section 11 repealed 20 December 2007 section 9 Electoral Amendment Act 2007 11A: Appointment of deputies Section 11A repealed 1 October 2010 section 8 Electoral (Administration) Amendment Act 2010 11B: Status of deputies Section 11B repealed 1 October 2010 section 8 Electoral (Administration) Amendment Act 2010 11C: Protection from civil liability Section 11C repealed 25 January 2005 section 200 Crown Entities Act 2004 12: Delegation of Commission’s powers Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004 13: Procedure Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004 14: Proceedings of Electoral Commission Section 14 repealed 1 October 2010 section 8 Electoral (Administration) Amendment Act 2010 15: Annual report Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004 2: Officers 16: Clerk of the Writs Section 16 repealed 28 February 2002 section 5 Electoral Amendment Act 2002 17: Deputy Clerk of the Writs Section 17 repealed 28 February 2002 section 5 Electoral Amendment Act 2002 18: Chief Electoral Officer Section 18 repealed 1 October 2010 section 8 Electoral (Administration) Amendment Act 2010 19: Deputy Chief Electoral Officer Section 19 repealed 1 October 2010 section 8 Electoral (Administration) Amendment Act 2010 20: Electoral officials Section 20 repealed 1 October 2010 section 8 Electoral (Administration) Amendment Act 2010 20A: Electoral officials under direction of Electoral Commission 1: The Electoral Commission 2: Every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission Section 20A substituted 28 February 2002 section 6(1) Electoral Amendment Act 2002 Section 20A heading amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 20A(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 20A(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 20B: Designation of Returning Officers 1: For every election to be held in a district, the Electoral Commission 2: A Returning Officer is a public servant for the purposes of sections 28(2)(f) 80(3)(a)(i) Section 20B inserted 28 February 2002 section 6(1) Electoral Amendment Act 2002 Section 20B(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 20B(2) added 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 20C: Returning Officers may delegate functions, duties, or powers A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official. Section 20C substituted 1 October 2010 section 9 Electoral (Administration) Amendment Act 2010 20CA: Powers of delegate 1: An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer. 2: An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation. 2004 No 115 s 74 Section 20CA inserted 1 October 2010 section 9 Electoral (Administration) Amendment Act 2010 20CB: Effect of delegation on Returning Officer No delegation under section 20C a: affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or b: affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or c: is affected by any change in the person appointed as Returning Officer. 2004 No 115 s 75 Section 20CB inserted 1 October 2010 section 9 Electoral (Administration) Amendment Act 2010 20CC: Revocation of delegations A delegation under section 20C a: the Returning Officer by written notice to the electoral official; or b: any other method provided for in the delegation. 2004 No 115 s 76 Section 20CC inserted 1 October 2010 section 9 Electoral (Administration) Amendment Act 2010 20D: State sector agencies to assist with administration of elections 1: The Electoral Commission 2: Any agency approached by the Electoral Commission 3: Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency. 4: For the purposes of this section, a State sector agency section 5 section 7 State-Owned Enterprises Act 1986 Section 20D inserted 28 February 2002 section 6(1) Electoral Amendment Act 2002 Section 20D(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 20D(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 20D(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 20D(4) amended 25 January 2005 section 200 Crown Entities Act 2004 21: Chief Registrar of Electors Section 21 repealed 1 July 2012 section 30 Electoral (Administration) Amendment Act 2011 22: Registrar of Electors 1: The Electoral Commission— a: must appoint a Registrar of Electors for each electoral district: b: may appoint a Deputy Registrar of Electors for any electoral district: c: may appoint a Registrar or a Deputy Registrar for a named electoral district that is not yet in existence. 2: Every Registrar and every Deputy Registrar— a: must be an individual who is an electoral official; and b: may not hold any official position in any political organisation. 3: The Deputy Registrar for an electoral district may, subject to the control of the Registrar for that electoral district, exercise or perform all of that Registrar's powers, duties, and functions. Section 22 replaced 21 March 2017 section 7 Electoral Amendment Act 2017 23: Appropriation of expenses of New Zealand Post Limited Section 23 repealed 1 July 2012 section 32 Electoral (Administration) Amendment Act 2011 24: Employees appointed by Chief Electoral Officer Section 24 repealed 1 October 2010 section 10 Electoral (Administration) Amendment Act 2010 25: General provision as to Returning Officers No Returning Officer shall hold any official position in any political organisation. 1956 No 107 s 9(3); 1975 No 28 s 3(4)(d) 26: Returning Officer to make declaration 1: Every Returning Officer must, before entering into the duties of office, declare that he or she will comply with section 203 2: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. Section 26 replaced 21 March 2017 section 8 Electoral Amendment Act 2017 3: The House of Representatives 27: Members of Parliament The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1956 or members of Parliament Section 27 amended 30 November 1995 Electoral Amendment Act 1995 Representation Commission 28: Representation Commission 1: In order to provide for the periodical readjustment of the representation of the people of New Zealand in the House of Representatives, there shall be a commission to be known as the Representation Commission. 2: The Commission shall consist of— a: the Surveyor-General: b: the Government Statistician: c: the Chief Electoral Officer: d: the Chairperson of the Local Government Commission: e: 2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council, on the nomination of the House of Representatives, as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition: f: 1 person (not being a public servant directly concerned with the administration of this Act or a member of the House of Representatives), who shall be appointed as a member of the Commission by the Governor-General by Order in Council, on the nomination of the members of the Commission who hold office under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e), or a majority of them, to be the Chairperson of the Commission. 3: For the purposes of determining the boundaries of the Maori electoral districts, the Commission shall consist not only of the members specified in subsection (2) but also of— a: the chief executive of Te Puni Kokiri: b: 2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council on the nomination of the House of Representatives as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition. 4: Each of the persons appointed under subsection (3)(b) shall be a Maori. 5: Notwithstanding subsection (2)(d), the Chairperson of the Local Government Commission shall not be entitled to vote on any matter before the Commission, and shall not be regarded as a member of the Commission for the purpose of forming part of a quorum pursuant to section 43(1) 1956 No 107 s 15(1), (2), (5); 1991 No 68 s 2(1) 29: Term of office The Chairperson and every member of the Commission who holds office under section 28(2)(e) section 30 1956 No 107 s 15(6); 1991 No 68 s 2(1) 30: Extraordinary vacancies The Chairperson or any member of the Commission who holds office under section 28(2)(e) an offence punishable by imprisonment for life or by 2 or more years' imprisonment provided that, if Parliament is not in session at the time, an appointment of a member to represent the Government or the Opposition may be made on the nomination of the Prime Minister or of the Leader of the Opposition, as the case may be. 1956 No 107 s 15(7); 1991 No 68 s 2(1) Section 30 amended 1 July 2013 section 413 Criminal Procedure Act 2011 31: Remuneration and travelling allowances There shall be paid out of money appropriated by Parliament for the purpose to the Chairperson and each member of the Commission who holds office under section 28(2)(e) the Fees and Travelling Allowances Act 1951 1956 No 107 s 15(8); 1991 No 68 s 2(1) 32: Deputies of appointed members 1: In this section appointed member section 28(2)(e) 2: Any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member. 3: No person other than a Maori shall be appointed under this section as the deputy of a member of the Commission appointed under section 28(3)(b) 4: The deputy of any appointed member may exercise the powers conferred on that appointed member by this Act during any period when that appointed member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office. 5: The deputy of the appointed member who holds office as the Chairperson of the Commission shall, in addition, have authority to act as Chairperson of the Commission during any period when the Chairperson of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office. 6: Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed. 7: No act done by any deputy appointed under this section in that capacity, and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased. 1956 No 107 s 15A; 1991 No 68 s 2(1) 33: Deputies of ex officio 1: Where the Chairperson of the Local Government Commission is unable or likely to be unable to perform his or her duties as a member of the Representation Commission because of illness, absence, or any other reason, and it appears to the Minister of Local Government that the inability to perform the duties is likely to continue for a period of more than 14 days, the Minister of Local Government may appoint a deputy (who shall be another member of the Local Government Commission) to perform all the functions, duties, and powers of the Chairperson of the Local Government Commission in his or her capacity as a member of the Representation Commission. 2: The Deputy Surveyor-General appointed pursuant to section 8 of the Survey Act 1986 shall have and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General in his or her capacity as a member of the Commission. 3: The Statistician may appoint a deputy to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission. 4: The Deputy Electoral Commissioner appointed under section 4I 5: Where the chief executive who holds office under section 28(3)(a) clause 9(1) to (3) nominated by the chief executive 6: Every deputy appointed under subsection (1), (3), or (5) 7: No act done by any deputy to which this section applies and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased. 8: Nothing in clause 2(1) and (2) 1956 No 107 s 15B; 1991 No 68 s 2(1) Section 33(3) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 33(4) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 33(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 33(5) amended 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 33(6) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 33(8) amended 7 August 2020 section 135 Public Service Act 2020 34: Submissions Any political party to which a member of Parliament belongs and any independent member of Parliament and any political party whose candidates have, at the immediately preceding general election, obtained 5% or more of the valid votes cast by electors at that general election may make submissions to the Commission in relation to the matters to be considered by the Commission under section 35(3) or section 45(6) 1956 No 107 s 15C; 1991 No 68 s 2(1) Section 34 amended 17 December 1993 section 8(1) Electoral Amendment Act (No 2) 1995 35: Division of New Zealand into General electoral districts 1: It shall be the duty of the Commission to divide New Zealand into General electoral districts from time to time in accordance with this section and section 269 2: The Commission— a: shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and b: shall, in accordance with section 77(5) c: shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion. 3: Subject to section 269 a: the South Island shall be divided into 16 General electoral districts: b: the General electoral population of the South Island shall be divided by 16, and the quotient so obtained shall be the quota for the South Island: c: the General electoral population of the North Island shall be divided by the quota for the South Island, and the quotient so obtained shall be the number of General electoral districts in the North Island. Where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such General electoral districts shall be the whole number next above that quotient: d: the quota for the North Island shall be ascertained by dividing the General electoral population of that Island by the number of General electoral districts in that Island, as ascertained under paragraph (c): e: the extent of each General electoral district in each Island shall be such that, at the time of making the division, the General electoral population of the General electoral district shall, subject to the provisions of paragraphs (f) and (g) and to the provisions of section 36 f: in forming the several General electoral districts, due consideration shall be given to— i: the existing boundaries of General electoral districts; and ii: community of interest; and iii: facilities of communications; and iv: topographical features; and v: any projected variation in the General electoral population of those districts during their life: g: no General electoral district shall be situated partially in the North Island and partially in the South Island. 4: As soon as possible after each periodical census, the Surveyor-General shall call a meeting of the members of the Commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) 5: The Electoral Commission must supply the Government Statistician with the information required to be supplied under section 79(1) 6: When the Government Statistician— a: has the results of the census; and b: has been supplied by the Electoral Commission with the information required to be supplied under section 79(1) the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as on counting day 7: Upon receipt of the report of the Government Statistician, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the Commission. 8: The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population of New Zealand or of the North Island or of the South Island or of any district. 1956 No 107 s 16; 1965 No 17 s 3 Section 35(5) replaced 31 March 2023 section 5(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 35(6) amended 31 March 2023 section 5(3) Electoral (Māori Electoral Option) Legislation Act 2022 Section 35(6)(b) replaced 31 March 2023 section 5(2) Electoral (Māori Electoral Option) Legislation Act 2022 36: Allowance for adjustment of quota Where, in the opinion of the Commission, General electoral districts cannot be formed consistently with the considerations provided for in section 35 1956 No 107 s 17; 1980 No 29 s 7 37: Classification of electoral districts for purposes of pay or allowances The Representation Commission, if it is informed by the Remuneration Authority the Remuneration Authority Remuneration Authority 1956 No 107 s 17A; 1981 No 120 s 5 Section 37 amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 38: Notice of proposed boundaries and classification 1: When the Commission proposes to make a division under section 35 section 45 Gazette a: stating places at which the public may inspect, without charge,— i: the names, and a description of the boundaries, of the proposed districts; and ii: any classification of the proposed districts that is required for the purposes of the Remuneration Authority iii: a summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and b: stating the last date on which the Commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than 1 month after the date of the publication of the notice in the Gazette 1A: The boundaries fixed by the Commission in respect of the proposed districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately. 2: The places stated pursuant to subsection (1)(a) must include the offices of the Electoral Commission 3: Any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the Commission. 4: If any objections are received under subsection (1)(b), the Commission must publish,— a: on an Internet site administered by the Electoral Commission,— i: the objections received; and ii: an explanation of the process and deadline for making counter-objections; and b: in the Gazette i: stating the address of the Internet site on which the objections and the counter-objection process are published; and ii: stating the last date on which the Commission will receive any written counter-objections to any of those objections (which must not be less than 2 weeks after the date of publication of the notice in the Gazette 4A: The Electoral Commission must facilitate the publication required under subsection (4)(a). 5: The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) and any counter-objections lodged under subsection (4). 1956 No 107 s 18; 1991 No 68 s 4(1) Section 38(1) substituted 17 December 1993 section 9(1) Electoral Amendment Act (No 2) 1995 Section 38(1)(a)(ii) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 38(1A) inserted 17 December 1993 section 9(1) Electoral Amendment Act (No 2) 1995 Section 38(2) amended 21 March 2017 section 9(1) Electoral Amendment Act 2017 Section 38(4) replaced 21 March 2017 section 9(2) Electoral Amendment Act 2017 Section 38(4A) inserted 21 March 2017 section 9(2) Electoral Amendment Act 2017 39: Communications to officials 1: When, after the gazetting, pursuant to section 38 must include the offices of the Electoral Commission must communicate the details of that determination to the Electoral Commission by the Representation Commission 2: Any entity or person 1956 No 107 s 18A; 1985 No 149 s 4; 1991 No 68 s 5 Section 39(1) amended 21 March 2017 section 10 Electoral Amendment Act 2017 Section 39(1) amended 1 July 2012 section 52(4) Electoral (Administration) Amendment Act 2011 Section 39(1) amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 Section 39(2) amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 40: Report of Commission 1: The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) section 269(4) a: report to the Governor-General the names and boundaries of the electoral districts fixed by the Commission; and b: publish in the Gazette i: stating that the Commission has fixed the names and boundaries of the electoral districts; and ii: stating that the names and boundaries of the electoral districts fixed by the Commission are available for public inspection; and iii: stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places must include the offices of the Electoral Commission 2: The boundaries of the electoral districts fixed by the Commission shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately. 3: From the date of the gazetting of the notice required by subsection (1)(b), the electoral districts fixed by the report shall be the electoral districts of New Zealand for the purpose of the election of members of Parliament after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette 1956 No 107 s 19; 1991 No 68 s 6(1) Section 40(1)(b)(iii) amended 21 March 2017 section 11 Electoral Amendment Act 2017 41: Report and maps to be laid before House of Representatives 1: A copy of every report of the Commission, together with properly authenticated maps of the electoral districts fixed by the report, shall be presented by the Governor-General to the House of Representatives within 3 sitting days 3 sitting days 2: The Minister shall, forthwith after every report of the Commission is presented to the Governor-General, cause to be deposited in the office of the Clerk of the House of Representatives properly authenticated maps of the electoral districts fixed by the report. 1956 No 107 s 20; 1991 No 68 s 7 Section 41(1) amended 6 December 1995 section 10 Electoral Amendment Act (No 2) 1995 42: Indexes of streets and places 1: The Surveyor-General— a: shall, as soon as practicable after the gazetting of a notice under section 40(1)(b) b: shall compile from time to time, a comprehensive index which shall contain the names of all streets and places in New Zealand and which shall show the electoral district or electoral districts in which each street or place is to be found. 2: At the offices of the Electoral Commission a: a copy of the index compiled in respect of that district under subsection (1)(a); and b: a copy of the index compiled under subsection (1)(b). 3: Copies of each index compiled under subsection (1)(a) shall be sold by the department within the meaning of section 2 of the Survey Act 1986 4: Copies of each index compiled under subsection (1)(b) in respect of an electoral district shall be sold at every office of the department within the meaning of section 2 of the Survey Act 1986 Electoral Commission 1956 No 107 s 20A; 1981 No 120 s 7(1); 1989 No 142 s 22(1) Section 42(2) amended 21 March 2017 section 12 Electoral Amendment Act 2017 Section 42(3) amended 1 July 1996 Survey Amendment Act 1996 Section 42(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 42(4) amended 1 July 1996 Survey Amendment Act 1996 43: Proceedings of Commission 1: Any 4 members of the Commission, of whom 2 are the members holding office under section 28(2)(e) 2: The Commission may make such rules for the conduct of its business, not inconsistent with the provisions of this Act, as it thinks fit. 1956 No 107 s 21; 1991 No 68 s 9 44: Commissioner not eligible as member of House of Representatives No member of the Commission shall, within 2 years after he or she ceases to be a member, be capable of being elected to be a member of the House of Representatives. 1956 No 107 s 22 Maori representation 45: Maori representation 1: It shall be the duty of the Commission, for the purpose of the representation of the Maori people in the House of Representatives, to divide New Zealand into Maori electoral districts from time to time in accordance with this section and section 269 2: The Commission— a: shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and b: shall, in accordance with section 77(5) c: shall effect each subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion. 3: Subject to section 269 a: the Maori electoral population of New Zealand shall be divided by the quota for General electoral districts in the South Island determined pursuant to section 35(3)(b) b: where the quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of Maori electoral districts shall be the next whole number above the quotient: c: subject to subsection (7), the Maori electoral districts shall each contain an equal number of members of the Maori electoral population. 4: Upon receipt of the report of the Government Statistician under section 35(6) 5: The report so made by the Government Statistician and the maps so prepared by the Surveyor-General shall be sufficient evidence as to the Maori electoral population. 6: In dividing the Maori electoral population equally between the Maori electoral districts, due consideration shall be given to— a: the existing boundaries of the Maori electoral districts; and b: community of interest among the Maori people generally and members of Maori tribes; and c: facilities of communications; and d: topographical features; and e: any projected variation in the Maori electoral population of those districts during their life. 7: Where, in the opinion of the Commission, the Maori electoral population cannot, consistently with the considerations provided for in subsection (6), be divided equally between the Maori electoral districts, the Commission may for any district make an allowance by way of addition or subtraction of Maori electoral population to an extent not exceeding 5%. 8: Due notice of the issuing of the proposed names and boundaries of the Maori electoral districts shall be given in the Gazette section 38 9: The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) section 269(4) a: report to the Governor-General the names and boundaries of the Maori electoral districts fixed by the Commission; and b: publish in the Gazette i: stating that the Commission has fixed the names and boundaries of the Maori electoral districts; and ii: stating that the names and boundaries of the Maori electoral districts fixed by the Commission are available for public inspection; and iii: stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places must include the offices of the Electoral Commission 10: The boundaries fixed by the Commission in respect of the Maori electoral districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately. 11: From the date of the gazetting of the notice required by subsection (9)(b), the boundaries of the Maori electoral districts as fixed by the report shall be the boundaries of the Maori electoral districts for the purpose of the election of members of Parliament for those districts after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette 12: Notwithstanding the foregoing provisions of this section or of any other provision of this Act,— a: if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that does not require the division of New Zealand into a Maori electoral district or districts, New Zealand shall not be divided into a Maori electoral district or districts and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications; and b: if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that requires the division of New Zealand into 1 Maori electoral district, the foregoing provisions of this section and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications. 1956 No 107 s 23; 1981 No 120 s 8(1); 1991 No 68 s 10 Section 45(8) substituted 17 December 1993 section 11(1) Electoral Amendment Act (No 2) 1995 Section 45(9) substituted 17 December 1993 section 11(1) Electoral Amendment Act (No 2) 1995 Section 45(9)(b)(iii) amended 21 March 2017 section 13 Electoral Amendment Act 2017 Chatham Islands 46: Electoral districts for and polling in Chatham Islands 1: The area comprised in the Chatham Islands shall be included in such General electoral district and Maori electoral district as the Representation Commission thinks fit, after giving due consideration to the matters contained in sections 35(3)(f) 45(6) 2: For the purposes of sections 35 45 269 a: as part of the General electoral population and Maori electoral population of New Zealand; and b: as part of the General electoral population or Maori electoral population, as the case may require, of the General electoral district or Maori electoral district within which the Chatham Islands are included; and c: in the case of the General electoral population, as part of the General electoral population of the South Island and, in the case of the Maori electoral population, as part of the Maori electoral population of the North Island. 3: In any case where the Commission has determined the number of General electoral districts in both the North Island and the South Island, and has, in doing so, applied the provisions of subsection (2)(c),— a: the Commission shall not be precluded from including the Chatham Islands in a General electoral district or Maori electoral district, as the case may require, that is located, either in whole or in part, in a different Island to that in which the General electoral population or the Maori electoral population of the Chatham Islands has been included pursuant to subsection (2)(c); and b: the Commission shall not, by reason of the application of paragraph (a), reconsider its determination of the number of General electoral districts in either the North Island or the South Island. 1956 No 107 s 24(1) Qualifications of candidates and members 47: Registered electors may be members, unless disqualified 1: Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127 2: Notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected. 3: Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen. 1956 No 107 s 25; 1981 No 120 s 9(1) Section 47(3) substituted 1 February 2003 section 8(1) Electoral Amendment Act 2002 47A: Certain persons disqualified from candidacy The following persons are not qualified to be a candidate or to be elected as a member of Parliament: a: an Electoral Commissioner: b: a Deputy Electoral Commissioner: c: a Returning Officer: d: a Registrar of Electors: e: a Deputy Registrar of Electors. Section 47A inserted 1 October 2010 section 11 Electoral (Administration) Amendment Act 2010 Section 47A(d) inserted 21 March 2017 section 14 Electoral Amendment Act 2017 Section 47A(e) inserted 21 March 2017 section 14 Electoral Amendment Act 2017 48: Offence for public servant or Returning Officer to sit Section 48 repealed 21 March 2017 section 15 Electoral Amendment Act 2017 49: Candidate not disqualified if name removed from roll without cause 1: This section applies to a person— a: who is qualified to be registered as an elector of an electoral district; and b: whose name was entered on the electoral roll for that district; but c: whose name has been subsequently removed from that electoral roll through no fault or failure of that person. 2: A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament. 3: However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that— a: he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and b: his or her name was removed from the electoral roll for that district through no fault or failure of his or her own. 4: A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to— a: the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143 b: the party secretary, if the person is to be nominated as— i: a constituency candidate by the party secretary under section 146D ii: a list candidate. Section 49 substituted 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 50: Effect of registration on wrong roll The nomination of any person as a candidate for election, or his or her election as a member of Parliament, shall not be questioned on the ground that, though entitled to be registered as an elector of any district, that person was not in fact registered as an elector of that district but was registered as an elector of some other district. 1956 No 107 s 28 51: Member ceasing to be elector A member of Parliament ceasing to be registered as an elector shall not from that cause only be disqualified from sitting as a member. 1956 No 107 s 29 52: Candidacy and election of State servants 1: In this section, the term State servant a: means— i: a public servant; and ii: any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the Public Service Act 2020 b: includes employees 2: Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his or her candidature. 3: Subject to subsection (4), the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127 4: Where the employer of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant— a: to carry out satisfactorily his or her duties as a State servant; or b: to be seen as independent in relation to particular duties,— the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer. 5: During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled: provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127 staff of an institution (as defined in the Education and Training Act 2020 6: Except as provided in the foregoing provisions of this section, a candidate’s rights as a State servant shall not be affected by his or her candidature. 1956 No 107 s 30; 1981 No 120 s 10(1); 1988 No 20 s 90(a) Section 52(1)(b) amended 1 October 2008 section 130(1) Policing Act 2008 Section 52(1)(a)(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 52(5) amended 1 August 2020 section 668 Education and Training Act 2020 53: Members disqualified from being State servants 1: In this section, the term State servant section 52(1) 2: If any State servant is elected as a member of Parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6), to have vacated his or her office as a State servant. 3: Where a person who has been declared elected as the result of a poll is not the person declared elected on an amended declaration of the result of that poll or where, at the conclusion of the trial of an election petition, the High Court or Court of Appeal determines that the person whose election or return was complained of was not duly elected or returned or that the election at which that person was elected or returned was void, that person,— a: if he or she was a State servant when he or she was declared to be elected; and b: if by written election, given to his or her former employer within 1 month after the amended declaration or the determination of the High Court or Court of Appeal, he or she elects to be reinstated in his or her former office as a State servant,— he or she shall, on the date on which his or her election is so given to his or her employer, be deemed, subject to subsections (4) to (6), to have been reinstated in his or her office as a State servant. 4: Nothing in this section shall entitle any person who is reinstated in office as a State servant to receive any salary or other remuneration as a State servant in respect of the period or any part of the period beginning on the day after the date on which he or she vacated office under subsection (2) and ending with the day before the date on which he or she resumed office under subsection (3). 5: Where the position that the person held at the date on which he or she vacated office has been filled or where that position no longer exists, that person shall, on his or her reinstatement, be employed, where practicable and at the discretion of his or her employer, in a position that involves duties and responsibilities which are the same or substantially the same as those of the position held at the time of vacation of office. 6: Subject to subsection (4), where a person is reinstated in office under this section,— a: his or her service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken by the period of vacation of office; and b: the period of vacation of office shall count— i: as time served under his or her contract of employment; and ii: subject to payment of his or her contributions, as service for the purpose of any superannuation scheme to which he or she belongs in his or her capacity as a State servant. 1956 No 107 s 31; 1981 No 120 s 11(1) Term of office of member of Parliament 54: Term of office of member of Parliament 1: Where an election is held for any electoral district, the person whose name is endorsed on the writ issued for the election as the person declared to be elected shall, subject to this Act,— a: come into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and b: vacate that office at the close of polling day at the next general election. 2: Where any person whose name is entered on a party list submitted pursuant to section 127 Electoral Commission a: come into office on the date after the date of the return made by the Electoral Commission section 193 b: vacate that office at the close of polling day at the next general election. 1956 No 107 s 31A; 1986 No 116 s 3 Section 54(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 54(2)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Vacancies 55: How vacancies created 1: The seat of any member of Parliament shall become vacant— a: if, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988 b: if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or c: if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or ca: if he or she ceases to be a New Zealand citizen; or cb: if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as— i: a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or ii: a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or d: if he or she is convicted of an offence punishable by imprisonment for life or by 2 or more years' imprisonment e: if he or she becomes a public servant; or ea: if he or she is appointed as a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors f: if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or fa: if, under section 55A g: if on an election petition the High Court or Court of Appeal declares his or her election void; or h: if he or she dies; or i: if he or she becomes mentally disordered, as provided in section 56 j: 2: Notwithstanding anything in subsection (1)(c), where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage. 1956 No 107 s 32; 1975 No 28 s 13(1); 1981 No 120 s 12; 1988 No 34 s 12(3); 1988 No 159 s 14(1) Section 55(1)(b) substituted 18 September 2005 section 5(1) Electoral Amendment Act 2004 Section 55(1)(ca) inserted 18 September 2005 section 5(2) Electoral Amendment Act 2004 Section 55(1)(cb) inserted 18 September 2005 section 5(2) Electoral Amendment Act 2004 Section 55(1)(d) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(1)(ea) inserted 1 October 2010 section 13 Electoral (Administration) Amendment Act 2010 Section 55(1)(ea) amended 21 March 2017 section 16 Electoral Amendment Act 2017 Section 55(1)(f) substituted 28 February 2002 section 9(1) Electoral Amendment Act 2002 Section 55(1)(fa) inserted 4 October 2018 section 4 Electoral (Integrity) Amendment Act 2018 Section 55(1)(j) repealed 28 February 2002 section 9(2) Electoral Amendment Act 2002 55AA: Dual or multiple citizenship permissible in certain circumstances Despite section 55(1)(b) and (c) a: becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member’s— i: country or place of birth; or ii: descent; or b: renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office. Section 55AA inserted 18 September 2005 section 6 Electoral Amendment Act 2004 55AAB: Purpose of sections 55A to 55E The purpose of sections 55A to 55E a: enhance public confidence in the integrity of the electoral system; and b: enhance the maintenance of the proportionality of political party representation in Parliament as determined by electors. Section 55AAB inserted 4 October 2018 section 5 Electoral (Integrity) Amendment Act 2018 55A: Member of Parliament ceasing to be parliamentary member of political party 1: This section applies to every member of Parliament, except a member elected as an independent. 2: The seat of a member of Parliament to whom this section applies becomes vacant if the member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected. 3: For the purposes of subsection (2), a member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected only if— a: the member of Parliament delivers to the Speaker a written notice that complies with section 55B b: the parliamentary leader of the political party for which the member of Parliament was elected delivers to the Speaker a written notice that complies with section 55C Section 55A inserted 4 October 2018 section 5 Electoral (Integrity) Amendment Act 2018 55B: Notice from member of Parliament A written notice under section 55A(3)(a) a: be signed by the member of Parliament by whom it is given; and b: be addressed to the Speaker; and c: notify the Speaker that the member of Parliament— i: has resigned from the parliamentary membership of the political party for which the member of Parliament was elected; or ii: wishes to be recognised for parliamentary purposes as either an independent member of Parliament or a member of another political party. Section 55B inserted 4 October 2018 section 5 Electoral (Integrity) Amendment Act 2018 55C: Notice from parliamentary leader of political party A written notice under section 55A(3)(b) a: be signed by the parliamentary leader of the political party for which the member of Parliament who is the subject of the notice was elected; and b: be addressed to the Speaker; and c: be accompanied by a statement that complies with section 55D Section 55C inserted 4 October 2018 section 5 Electoral (Integrity) Amendment Act 2018 55D: Form of statement to be made by parliamentary leader The statement referred to in section 55C(c) a: state that the parliamentary leader reasonably believes that the member of Parliament concerned has acted in a way that has distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election; and b: state that the parliamentary leader has delivered to the member of Parliament concerned written notice— i: informing the member that the parliamentary leader considers that paragraph (a) applies to the member and the reasons for that opinion; and ii: advising the member that he or she has 21 working days from the date of receiving the notice to respond to the matters raised in the notice by notice in writing addressed to the parliamentary leader; and c: state that, after consideration of the conduct of the member and his or her response (if any) by the parliamentary members of the political party for which the member was elected, the parliamentary leader of that party confirms that at least two-thirds of the parliamentary members of that party agree that written notice should be given by the parliamentary leader under section 55A(3)(b) d: state either— i: that all other requirements imposed by the rules of the political party for which the member of Parliament was elected relating to the giving of a notice under section 55A(3)(b) ii: that there are no other requirements imposed by the rules of the political party for which the member of Parliament was elected relating to the giving of a notice under section 55A(3)(b) Section 55D inserted 4 October 2018 section 5 Electoral (Integrity) Amendment Act 2018 55E: Definitions For the purposes of sections 55A to 55D parliamentary leader a: the member of Parliament recognised for the time being as the parliamentary leader of the political party by the majority of parliamentary members of that party; or b: the member of Parliament for the time being acting as the parliamentary leader of that party political party for which the member of Parliament was elected a: in the case of a member elected to represent an electoral district, the political party that nominated the member as a constituency candidate; and b: in the case of a member of Parliament elected from a party list submitted under section 127 section 137(4) Section 55E inserted 4 October 2018 section 5 Electoral (Integrity) Amendment Act 2018 55A: Member ceasing to be parliamentary member of political party Section 55A expired 18 September 2005 Electoral (Integrity) Amendment Act 2001 55B: Notice from member Section 55B expired 18 September 2005 Electoral (Integrity) Amendment Act 2001 55C: Notice from parliamentary leader of party Section 55C expired 18 September 2005 Electoral (Integrity) Amendment Act 2001 55D: Form of statement to be made by parliamentary leader Section 55D expired 18 September 2005 Electoral (Integrity) Amendment Act 2001 55E: Definitions Section 55E expired 18 September 2005 Electoral (Integrity) Amendment Act 2001 56: Member becoming mentally disordered 1: Where a member of Parliament is, or is deemed to be, subject to a compulsory treatment order made under Part 2 2: Where a member of Parliament is received or detained in a hospital in accordance with an inpatient order made under Part 2 3: Where the Speaker receives a notice under subsection (1) or subsection (2), the Speaker shall forthwith transmit the notice to the Director-General of Health, who, together with some 4: If the report is to the effect that the member is mentally disordered the Speaker shall, at the expiration of 6 months from the date of the report if Parliament is then in session, and, if not, then as soon as may be after the date of the commencement of the next ensuing session, require the said Director-General, together with the said medical practitioner or some other 5: Every person having charge of any hospital in which any member of Parliament is so received or detained, who wilfully commits a breach of subsection (2) shall be liable on 1956 No 107 s 33; 1990 No 1 s 4(1) Section 56(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 56(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 56(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 57: Registrar of court to notify cause of vacancy in certain cases 1: The Registrar of the court in which any member of Parliament has been convicted of an offence punishable by imprisonment for life or by 2 or more years' imprisonment 2: Every person commits an offence and shall be liable on 1956 No 107 s 34; 1975 No 28 s 12(e); 1990 No 1 s 5(1) Section 57(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(1) amended 28 February 2002 section 10 Electoral Amendment Act 2002 Section 57(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 58: Registrar of Births and Deaths to notify Speaker of death of member 1: The Registrar of Births and Deaths by whom the death of any member of Parliament is registered shall, within 12 hours of making the registration, notify the fact to the Speaker 2: Every person commits an offence and shall be liable on 1956 No 107 s 35; 1990 No 1 s 5(1) Section 58(1) amended 28 February 2002 section 11 Electoral Amendment Act 2002 Section 58(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 59: No person to be candidate for more than 1 district or on more than 1 list 1: No person shall at any general election be— a: a candidate for more than 1 electoral district; or b: a candidate whose name is included on more than 1 party list submitted pursuant to section 127 2: If 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than 1 of those by-elections. 3: At any general election, any person may be both— a: a candidate for any one electoral district; and b: a candidate whose name is included on any one party list submitted pursuant to section 127 4: If any person breaches subsection (1) or subsection (2), all nominations of that person as a candidate for those districts, party lists, or by-elections, as the case may be, shall be void, and any deposits made by him or her or on his or her behalf Section 59 substituted 6 December 1995 section 12 Electoral Amendment Act (No 2) 1995 Section 59(4) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 59(4) amended 28 February 2002 section 12 Electoral Amendment Act 2002 Persons qualified to vote 60: Who may vote Subject to the provisions of this Act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,— a: any person whose name lawfully appears on the main roll or any supplementary roll for the district and who is qualified to be registered as an elector of the district: b: any person— i: who is qualified to be registered as an elector of the district; and ii: who is registered as an elector of the district as a result of having applied for registration as an elector of the district before polling day: c: any person who is qualified to be registered as an elector of the district, and was at the time of the last preceding election duly registered as an elector of the district or, where a change of boundaries has intervened, of some other district in which his or her then place of residence within the first-mentioned district was then situated: d: any person— i: who is qualified to be registered as an elector of the district; and ii: who is registered as an elector of the district as a result of having applied, since the last preceding election and before polling day, for registration as an elector of the district or, where a change of boundaries has intervened, of some other district in which that person’s then place of residence within the first-mentioned district was then situated: e: any person who is qualified to be registered as an elector of the district pursuant to section 74 f: any member of the Defence Force g: any person present in New Zealand who— i: is qualified to be registered as an elector of the district; and ii: applies, on polling day, for registration as an elector of the district. 1956 No 107 s 99; 1981 No 120 s 31; 1983 No 104 s 18; 1985 No 150 s 2(4); 1990 No 1 s 49(1), (2) Section 60(a) substituted 6 December 1995 section 13(1) Electoral Amendment Act (No 2) 1995 Section 60(b) substituted 6 December 1995 section 13(1) Electoral Amendment Act (No 2) 1995 Section 60(c) substituted 6 December 1995 section 13(1) Electoral Amendment Act (No 2) 1995 Section 60(d) substituted 6 December 1995 section 13(1) Electoral Amendment Act (No 2) 1995 Section 60(f) amended 6 December 1995 section 13(2) Electoral Amendment Act (No 2) 1995 Section 60(g) inserted 11 March 2020 section 4 Electoral Amendment Act 2020 61: Special voters 1: A person who is qualified to vote at any election in any district may vote as a special voter if— a: that person’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll: b: the person intends to be absent or is absent from the district on polling day: c: the person intends to be outside New Zealand on polling day or is outside New Zealand on polling day: d: the person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district: e: the person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls: f: the person satisfies the Returning Officer or issuing officer 2: A person who is registered as an elector of a Maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district. 3: A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person— a: applies to vote in person before polling day; and b: does so within that district or at an office maintained by the Returning Officer of that district. 1956 No 107 s 100; 1990 No 1 s 50(1) Section 61(1)(f) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 61(3) added 1 January 2011 section 6 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 4: Registration of political parties and party logos Part 4 heading amended 6 December 1995 section 14 Electoral Amendment Act (No 2) 1995 1: Registration of political parties Subpart 1 heading inserted 25 March 2014 section 5 Electoral Amendment Act 2014 62: Register of Political Parties 1: Subject to this Part, an eligible political party may be registered for the purposes of this Act. 2: The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties 63: Application for registration 1: An application for the registration of an eligible political party may be made to the Electoral Commission— a: by the secretary of the party; or b: by any member of Parliament who is a current financial member of that party. 2: An application for the registration of an eligible political party— a: shall be in writing; and b: shall be signed by the applicant; and c: must— i: set out the name of the party; and ii: if the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and iii: set out the name and address of the applicant and the capacity in which he or she makes the application; and iv: if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and v: set out the name and address of the person eligible under section 206K vi: be accompanied by evidence, in a form approved by the Electoral Commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and vii: be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 viii: ca: must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 i: to submit a list of candidates under section 127 ii: to have 1 or more constituency candidates stand for the party or for a related political party; or iii: both; and d: shall be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 i: state whether the party is a party in respect of which there are 1 or more component parties; and ii: where the party has 1 or more component parties, state the name of each component party ; and e: must be accompanied by the application fee payable under section 63A 3: Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered. 4: Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party. 5: Section 63(2)(c) substituted 28 February 2002 section 13(1) Electoral Amendment Act 2002 Section 63(2)(c)(v) amended 1 March 2009 section 14 Electoral Amendment Act 2009 Section 63(2)(c)(viii) repealed 1 March 2009 section 14 Electoral Amendment Act 2009 Section 63(2)(ca) inserted 28 February 2002 section 13(1) Electoral Amendment Act 2002 Section 63(2)(d) added 6 December 1995 section 15(2) Electoral Amendment Act (No 2) 1995 Section 63(2)(d)(ii) amended 25 March 2014 section 6(1) Electoral Amendment Act 2014 Section 63(2)(e) inserted 25 March 2014 section 6(2) Electoral Amendment Act 2014 Section 63(4) added 6 December 1995 section 15(3) Electoral Amendment Act (No 2) 1995 Section 63(5) repealed 1 March 2009 section 14 Electoral Amendment Act 2009 63A: Application fee 1: The fee payable on making an application under section 63 2: The fee must be paid by direct credit to a bank account nominated by the Electoral Commission. Section 63A replaced 25 March 2014 section 7 Electoral Amendment Act 2014 Section 63A(2) replaced 1 January 2023 section 30 Electoral Amendment Act 2022 64: Times when registration prohibited 1: At no time in the period that, in relation to a general election,— a: commences on the date beginning with the issue of the writ b: ends with the day appointed as the latest day for the return of the writ shall action be taken in relation to any application for the registration of a political party 2: Section 64 substituted 6 December 1995 section 17 Electoral Amendment Act (No 2) 1995 Section 64(1) amended 25 March 2014 section 8(1) Electoral Amendment Act 2014 Section 64(1)(a) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 64(1)(b) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 64(2) repealed 25 March 2014 section 8(2) Electoral Amendment Act 2014 65: Parties with certain names not to be registered The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or any proposed abbreviation— a: is indecent or offensive; or b: is excessively long; or c: is likely to cause confusion or mislead electors; or d: contains any reference to a title or honour or similar form of identification. 65A: Certain logos not to be registered Section 65A repealed 25 March 2014 section 9 Electoral Amendment Act 2014 66: Other grounds on which registration may be refused 1: The Electoral Commission shall refuse an application for the registration of a political party if— a: the application does not comply with section 63 b: if it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors. 2: Unless section 65 section 64 3: Section 66(1)(b) substituted 6 December 1995 section 19 Electoral Amendment Act (No 2) 1995 Section 66(3) repealed 28 February 2002 section 15 Electoral Amendment Act 2002 67: Registration 1: Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall— a: register the party by entering in the Register— i: the name of the party; and ii: if an abbreviation of the name of the party was set out in the application, that abbreviation; and iii: the names of any separate political parties that are component parties of the party; and b: give written notice to the applicant that the Electoral Commission has registered the party; and c: cause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette d: 2: Where the Electoral Commission determines that an application for the registration of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal. 3: It shall be the duty of the secretary of any political party registered under this Act— a: to supply the Electoral Commission with an address for service of all correspondence under this Part; and b: to notify the Electoral Commission of any changes in the address for service of correspondence; and c: to notify the Electoral Commission whenever a new secretary of the party is appointed; and d: to notify the Electoral Commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and da: to notify the Electoral Commission— i: whether the party is an incorporated society and, if so, the party’s balance date: ii: if the party is not an incorporated society, whether the party’s constitution requires the preparation of annual financial statements and, if so, the party’s balance date: iii: whether the party’s annual financial statements prepared in accordance with any other enactment or the party’s constitution are required to be audited by a qualified auditor: iv: of any subsequent change to the matters notified under subparagraphs (i) to (iii); and e: section 9 f: 4: Section 67 substituted 6 December 1995 section 20 Electoral Amendment Act (No 2) 1995 Section 67(1)(c) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 67(1)(d) repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 67(3)(da) inserted 1 January 2023 section 27(1) Electoral Amendment Act 2022 Section 67(3)(e) amended 1 January 2023 section 27(2) Electoral Amendment Act 2022 Section 67(3)(f) repealed 20 December 2007 section 13 Electoral Amendment Act 2007 Section 67(4) repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 67AA: Vacancies in position of party secretary 1: If, in a political party registered under this Act, a vacancy occurs in the position of party secretary, the remaining office holders of the party must ensure that, within 5 working days of the vacancy occurring,— a: a new secretary is appointed; or b: a person is appointed to act in the position of secretary until a new secretary can be appointed. 2: A person appointed under subsection (1)(a) or (b) must immediately notify the Electoral Commission of that person’s appointment. Section 67AA inserted 21 March 2017 section 17 Electoral Amendment Act 2017 67A: Registration of party logos Section 67A repealed 25 March 2014 section 10 Electoral Amendment Act 2014 68: Inspection of Register Members of the public shall be entitled to inspect the Register of Political Parties without payment at any time between 9 am and 5 pm Section 68 amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 68A: Inspection of party logos Section 68A repealed 25 March 2014 section 11 Electoral Amendment Act 2014 69: Changes to Register of Political Parties 1: A person described in section 63(1) a: change the name of the party: b: change the abbreviation of the name of the party. 2: Section 63 sections 64 to 67 Section 69 replaced 25 March 2014 section 12 Electoral Amendment Act 2014 69A: Changes to party logos Section 69A repealed 25 March 2014 section 13 Electoral Amendment Act 2014 70: Cancellation of registration 1: The Electoral Commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) 1A: The provisions of section 64 2: The Electoral Commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500. 2A: For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party’s current financial members within any reasonable time that the Electoral Commission specifies. 2B: The Electoral Commission may cancel the registration of a political party if satisfied that the party has failed to comply with section 67AA 3: Where the Electoral Commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,— a: give, where the cancellation was effected under subsection (1), written notice of the cancellation to both the applicant for cancellation and the secretary of the political party: b: give, where the cancellation was effected under subsection (2) or (2B) c: cause notice of the cancellation to be published in the Gazette Section 70(1) substituted 6 December 1995 section 24 Electoral Amendment Act (No 2) 1995 Section 70(1A) inserted 28 February 2002 section 17(1) Electoral Amendment Act 2002 Section 70(2) substituted 6 December 1995 section 24 Electoral Amendment Act (No 2) 1995 Section 70(2A) inserted 28 February 2002 section 17(2) Electoral Amendment Act 2002 Section 70(2B) inserted 21 March 2017 section 18(1) Electoral Amendment Act 2017 Section 70(3)(b) amended 21 March 2017 section 18(2) Electoral Amendment Act 2017 70A: Cancellation of registration of party logo Section 70A repealed 25 March 2014 section 14 Electoral Amendment Act 2014 71: Requirement for registered parties to follow democratic procedures in candidate selection Every political party that is for the time being registered under this Part shall ensure that provision is made for participation in the selection of candidates representing the party for election as members of Parliament by— a: current financial members of the party who are or would be entitled to vote for those candidates at any election; or b: delegates who have (whether directly or indirectly) in turn been elected or otherwise selected by current financial members of the party; or c: a combination of the persons or classes of persons referred to in paragraphs (a) and (b). 71A: Obligation to provide annual declaration regarding party The secretary of any political party registered under this Act must ensure that the Electoral Commission receives by 30 April in each year a declaration made by the secretary in the manner provided by section 9 a: state that the party intends, at general elections,— i: to submit a list of candidates under section 127 ii: to have 1 or more constituency candidates stand for the party or for a related political party; or iii: both; and b: state whether the party has at least 500 current financial members who are eligible to enrol as electors. Section 71A inserted 28 February 2002 section 19(1) Electoral Amendment Act 2002 71B: Obligation to provide copy of party membership rules and candidate selection rules 1: The secretary of any political party registered under this Act must supply the Electoral Commission with the following: a: a copy of the rules governing membership of the party: b: a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament: c: a copy of any changes to the rules referred to in paragraph (a) or paragraph (b). 2: The copies required by subsection (1)(a) and (b) must be supplied within 1 month after notice of the registration of the party is notified in the Gazette section 67(1)(c) 3: The copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party. 4: Members of the public are entitled to inspect the documents supplied to the Electoral Commission under this section. They may inspect them, without payment, at any time between 9 am and 5 pm Section 71B inserted 28 February 2002 section 19(1) Electoral Amendment Act 2002 Section 71B(4) amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 2: Registration of party logos Subpart 2 inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71C: Application for registration of party logo 1: An application may be made to the Electoral Commission to register the logo of a political party if the political party— a: is registered under subpart 1 b: is unregistered, but an application has been made under subpart 1 2: An application to register a party logo— a: may be made by— i: the secretary of the party; or ii: any member of Parliament who is a current financial member of the party; and b: must— i: be in writing; and ii: be signed by the applicant; and iii: be accompanied by— A: 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and B: a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and iv: be accompanied by a declaration, made by the applicant in the manner provided for by section 9 v: set out— A: the name and address of the applicant, and the capacity in which he or she makes the application; and B: the name and address of the secretary of the political party, if the applicant is not the secretary of the political party. 3: On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo. 4: Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission— a: receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and b: is satisfied the written notice is given by that person on behalf of the party. Section 71C inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71D: Grounds on which registration refused 1: The Electoral Commission must refuse an application to register the logo of a political party if— a: the Electoral Commission has determined that the political party's application for registration should be refused (in the case of an application made under section 71C(1)(b) b: the application does not comply with— i: section 71C(2)(b)(iii) ii: section 71C(2)(b)(iv) c: the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) d: the Electoral Commission is of the opinion that the logo— i: is indecent; or ii: is offensive; or iii: is likely to cause confusion or mislead electors; or iv: contains any reference to a title or an honour or a similar form of identification. 2: If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of— a: the refusal; and b: the reasons for the refusal. Section 71D inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71E: Times when registration of party logos prohibited No action may be taken in relation to any application made under section 71C a: in relation to a general election,— i: commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and ii: ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and b: in relation to a by-election,— i: commences on the date beginning with the issue of the writ for the by-election; and ii: ends with the day appointed as the latest day for the return of the writ for the by-election. Section 71E inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71F: Registration of party logos If, on receipt of an application under section 71C a: register the logo of the political party in the Register of Political Parties established under section 62(2) b: give written notice of the registration to the applicant; and c: arrange for the registration to be published in the Gazette Section 71F inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71G: Inspection of party logos The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties. Section 71G inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71H: Changes to party logos 1: A person described in section 71C(2)(a) a: vary the form of the party logo; or b: substitute a new party logo; or c: amend the party logo to refer to the new name of the party in any case where there has been a change in the party name. 2: Sections 71C to 71F Section 71H inserted 25 March 2014 section 15 Electoral Amendment Act 2014 71I: Cancellation of registration of party logo 1: The Electoral Commission must cancel the registration of the logo of a political party if— a: a person described in section 71C(2)(a) b: the registration of the political party is cancelled under section 70 c: the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment. 2: Section 71E 3: If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,— a: give written notice of the cancellation and the reasons for the cancellation to— i: the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii) ii: the secretary of the political party; and b: arrange for the cancellation to be published in the Gazette Section 71I inserted 25 March 2014 section 15 Electoral Amendment Act 2014 5: Registration of electors 72: Rules for determining place of residence within New Zealand 1: Subject to the provisions of this section, the place where a person resides within New Zealand at any material time or during any material period shall be determined for the purposes of this Act by reference to the facts of the case. 2: For the purposes of this Act, a person can reside in one place only. 3: A person resides at the place where that person chooses to make his or her home by reason of family or personal relations, or for other domestic or personal reasons. 4: Where the property on which a person’s home is located is divided between 2 or more electoral districts, that person shall,— a: if his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or b: in any other case, be deemed to reside in the electoral district in which is located— i: the front door or other main entrance of his or her dwelling; or ii: where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated. 5: A person who is detained in any prison 6: The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person— a: is occasionally or temporarily absent from that place; or b: is absent from that place for any period because of his or her service or that of his or her spouse , civil union partner, or de facto partner c: is absent from that place for any period because of his or her occupation or employment or that of his or her spouse , civil union partner, or de facto partner d: is absent from that place for any period because he or she, or his or her spouse , civil union partner, or de facto partner even if such absence involves occasional or regular residence at another place or other places. 7: Except as provided in subsection (8), a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding that his or her home for the time being is temporary only. 8: A New Zealand citizen who is outside New Zealand shall be deemed to reside where he or she had his or her last home in New Zealand; but nothing in this subsection shall affect the application of section 80(1)(a) 9: Notwithstanding anything in this section, a person who is residing on, or has resided on, Campbell Island or Raoul Island and who, before residing on Campbell Island or Raoul Island resided in some other part of New Zealand, shall be deemed to reside, or to have resided, throughout that period of residence on Campbell Island or Raoul Island, in the place in New Zealand where that person had his or her last home before beginning residence on Campbell Island or Raoul Island. 10: In the case of a person who is appointed to be a member of the Executive Council, or who is the spouse , civil union partner, or de facto partner a: so long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of an electoral district (in this subsection referred to as the original district b: upon being registered as an elector of the other district pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original district. 11: A person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place or the main wharf or landing place in the harbour is situated. If any question arises under this subsection as to the district in which the wharf or landing place or main wharf or landing place in any harbour is situated, it shall be determined by the Representation Commission. 1956 No 107 s 37; 1989 No 31 s 2; 1990 No 1 s 7 Section 72(5) amended 1 June 2005 section 206 Corrections Act 2004 Section 72(6)(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 72(6)(c) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 72(6)(d) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 72(10) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 73: Meaning of permanent resident of New Zealand For the purposes of this Act, a person is a permanent resident of New Zealand a: resides in New Zealand; and b: is not— i: a person to whom section 15 16 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. 1956 No 107 s 38; 1980 No 29 s 10(1); 1987 No 74 s 151(1) Section 73(a) : substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 73(b) : substituted 29 November 2010 section 406(1) Immigration Act 2009 Qualification of electors 74: Qualification of electors 1: Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if— a: that person is— i: a New Zealand citizen; or ii: a permanent resident of New Zealand; and b: that person has at some time resided continuously in New Zealand for a period of not less than 1 year; and c: that electoral district— i: is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or ii: where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided. 2: Where a writ has been issued for an election, every person— a: who resides in an electoral district on the Monday before polling day; and b: who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,— shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district. 1956 No 107 s 39; 1983 No 104 s 3(1); 1985 No 150 s 2(1), (2) 75: Registration in respect of more than 1 electoral district 1: Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district. 2: Where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered. 3: Notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2), for the purposes of section 60 1956 No 107 s 40; 1983 No 104 s 4 76: Māori option 1: A Māori who is eligible to be registered as an elector may choose to be registered as an elector of— a: a Māori electoral district; or b: a General electoral district. 2: The option under subsection (1) (the Māori option section 77 Section 76 replaced 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 77: Exercise of Māori option Exercise of option by 17-year-olds 1: A Māori who is 17 years old may exercise the Māori option at the time they apply for registration as an elector under section 82(2) Exercise of option when person applies for registration as elector 2: A Māori may exercise the Māori option at the time they apply for registration as an elector under section 83 Exercise of option by registered elector 3: A Māori who is registered as an elector may, at any time, exercise the Māori option by advising the Electoral Commission,— a: in the case of a person registered as an elector of a Māori electoral district, that they wish to be registered as an elector of a General electoral district: b: in the case of a person registered as an elector of a General electoral district, that they wish to be registered as an elector of a Māori electoral district. Section 77 replaced 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 78: Process for and effect of exercise of Māori option How option is exercised 1: A person may exercise the Māori option by indicating their choice,— a: in writing, by completing and signing a form that the Electoral Commission has approved and returning it to the Electoral Commission: b: in an approved electronic medium, by providing the required information: c: in an application for registration as an elector. Receipt of late or non-compliant form or application 2: If a form or an application described in subsection (1)(a) or (c) is received by the Electoral Commission by post after the start of any election period and it complies with the requirements in subsection (3), that form or application is to be treated as having been received before the start of the election period and the elector must, if the form or application is otherwise in order, be treated as having exercised the Māori option. 3: The requirements for a form or an application are the following: a: it must be received no later than noon on the fourth day after the start of an election period; and b: it must be postmarked or date-stamped before the start of an election period. 4: If a form or an application described in subsection (1)(a) or (c) is received by the Electoral Commission by post before the start of any election period but that form or application does not comply with the requirements for signing and dating, the Electoral Commission may treat the notice as being in accordance with those requirements if the non-compliance is remedied not later than 6 days after the start of the election period. Representatives may act on behalf of some persons 5: A person who is outside New Zealand or who has a physical or mental impairment may exercise the Māori option through a representative and section 86 Effect of exercise of option 6: The exercise of the Māori option (if not made in an application under section 83 a: the definition of electoral roll in section 3(1) b: sections 89 89A 98 103 7: In this section, election period a: a general election period ( see section 78A(4) b: a local government election period ( see section 78B(4) c: a by-election period ( see section 78C(6) Section 78 replaced 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 78A: Māori option may not be exercised in general election period 1: The following persons may not exercise the Māori option during a general election period: a: a Māori who is registered as an elector of an electoral district: b: a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district. 2: To avoid doubt, subsection (1) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors. 3: The Electoral Commission must not give effect to either of the following during a general election period: a: any advice received under section 77(3) b: if processing an application under section 83 4: In this section, general election period a: the period that is 3 months before polling day for a general election, if at least 3 months’ public notice is given of polling day ( polling day A b: the period commencing on the day after the day on which public notice of polling day is given and ending on polling day, if less than 3 months’ public notice is given of polling day ( polling day B c: if during a period specified in paragraph (a) or (b) public notice is given that polling day A or polling day B is changed to a later date ( polling day C Section 78A inserted 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 78B: Māori option may not be exercised in local government election period 1: The following persons may not exercise the Māori option during a local government election period: a: a Māori who is registered as an elector of an electoral district: b: a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district. 2: To avoid doubt, subsection (1) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors. 3: The Electoral Commission must not give effect to either of the following during a local government election period: a: any advice received under section 77(3) b: if processing an application under section 83 4: In this section, local government election period section 10(2) Section 78B inserted 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 78C: Māori option may not be exercised in by-election period 1: This section applies if the Speaker has published a notice of vacancy for an electoral district. 2: The following persons may not exercise the Māori option during a by-election period if doing so would result in the person being eligible to vote in the by-election: a: a Māori who is registered as an elector of an electoral district: b: a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district. 3: To avoid doubt, subsection (2) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors. 4: The Electoral Commission must not give effect to either of the following during a by-election period: a: any advice received under section 77(3) b: if processing an application under section 83 5: However, subsections (2) and (4) do not apply if under section 131 6: In this section, by-election period Section 78C inserted 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 79: Determination of Māori electoral population 1: For the purpose of enabling the Government Statistician to calculate the Māori electoral population, the Electoral Commission must, as soon as practicable after counting day, supply to the Government Statistician the following information as on counting day: a: the total number of persons registered as electors of Māori electoral districts; and b: the total number of Māori persons registered as electors of General electoral districts; and c: the total number of persons whose names are on the dormant rolls maintained under section 109 d: the total number of Māori persons whose names are on the dormant rolls maintained under section 109 2: In this Act,— counting day a: means on census day; or b: if a periodic census and a general election take place in the same calendar year, means 1 April in the following year on census day Section 79 replaced 31 March 2023 section 6 Electoral (Māori Electoral Option) Legislation Act 2022 80: Disqualifications for registration 1: The following persons are disqualified for registration as electors: a: a New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 6 years b: a permanent resident of New Zealand (not being a New Zealand citizen) who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 4 years c: a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 i: the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 section 31 section 33 Criminal Justice Act 1985 ii: the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under section 34 section 118 iii: the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) section 29(1) iv: the person is detained under section 46 d: a person who is detained in prison under— i: a sentence of imprisonment for life; or ii: a sentence of preventive detention; or iii: a sentence of imprisonment for a term of 3 years or more: e: a person whose name is on the Corrupt Practices List made out for any district. 1A: For the purposes of subsection (1)(d)(iii) and sections 86A 86AB 86B 2: The Registrar of the court in which a compulsory treatment order or any order under section 24 34 a: the name, date of birth, place of abode, and description of the patient or offender; and b: the particulars of the order or conviction. 3: Nothing in subsection (1)(a) or (b) applies to— a: a person, being— i: a public servant or a member of the Defence Force; or ii: a head of mission or head of post within the meaning of the Foreign Affairs Act 1988 iii: an officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003 b: a person who— i: is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside New Zealand in the course of that person’s duties; and ii: is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person. 1956 No 107 s 42; 1980 No 29 s 13(1); 1985 No 120 s 150(1) 1988 No 159 s 14(1) Section 80(1)(a) amended 31 March 2023 section 21(1) Electoral Amendment Act 2022 Section 80(1)(b) amended 31 March 2023 section 21(2) Electoral Amendment Act 2022 Section 80(1)(c) substituted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 80(1)(d) replaced 30 June 2020 section 5(1) Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 80(1A) inserted 30 June 2020 section 5(2) Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 80(1A) amended 2 July 2020 section 4 Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 80(2) replaced 21 March 2017 section 21 Electoral Amendment Act 2017 Section 80(3)(a)(iii) amended 1 July 2003 section 84 New Zealand Trade and Enterprise Act 2003 Section 80(3)(b)(ii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 81: Prison manager to forward to Electoral Commission details of prisoners disqualified for registration Not later than 7 days after a person described in section 80(1)(d) a: the name, previous residential address, and date of birth of the person; and b: the name and address of the prison. Section 81 replaced 30 June 2020 section 6 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Registration 82: Compulsory registration of electors 1: A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to the Electoral Commission a: within 1 month after the date on which he or she first becomes qualified to be registered as an elector: b: within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G 2: Any person aged 17 years or older, but under 18 years, may apply to the Electoral Commission 3: A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to the Electoral Commission 4: Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76 5: A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply. 6: A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector. 7: A person who commits an offence against this section is liable on conviction to a fine not exceeding— a: $100 on a first conviction; and b: $200 on a second or subsequent conviction. Section 82 replaced 25 March 2014 section 17 Electoral Amendment Act 2014 Section 82(1) amended 21 March 2017 section 23 Electoral Amendment Act 2017 Section 82(2) amended 21 March 2017 section 23 Electoral Amendment Act 2017 Section 82(3) amended 21 March 2017 section 23 Electoral Amendment Act 2017 83: Application for registration 1: An application for registration as an elector may be made to the Electoral Commission a: in writing, by completing and signing a form that the Electoral Commission has approved the Electoral Commission b: in an approved electronic medium, by providing the information necessary to complete the 2: An application for registration as an elector must state, in respect of the person making the application,— a: the person's full name; and b: the person's date of birth; and c: the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and d: the person's postal address, if different from the address given under paragraph (c); and e: the person's occupation, if any; and f: the honorific (if any) by which the person wishes to be addressed; and g: whether or not the person is a Maori; and h: any other particulars that are prescribed in regulations. 3: The Electoral Commission a: the application is made under subsection (1)(a) and the i: signed; or ii: completed with the details specified in subsection (2)(a), (b), (c), and (h); or b: the application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h). 3A: The Electoral Commission may treat a special vote declaration as an application for registration as an elector if the declaration— a: is in a form approved by the Electoral Commission for use as an application for registration as an elector; and b: is completed by the declarant with the details specified in subsection (2)(a), (b), (c), and (h), and signed. 4: If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori. 5: An application for registration as an elector that is rejected by the Electoral Commission 6: Section 83 replaced 25 March 2014 section 17 Electoral Amendment Act 2014 Section 83(1) amended 21 March 2017 section 24(1) Electoral Amendment Act 2017 Section 83(1)(a) amended 21 March 2017 section 24(2)(a) Electoral Amendment Act 2017 Section 83(1)(a) amended 21 March 2017 section 24(2)(b) Electoral Amendment Act 2017 Section 83(1)(b) amended 21 March 2017 section 24(3) Electoral Amendment Act 2017 Section 83(3) amended 21 March 2017 section 24(4) Electoral Amendment Act 2017 Section 83(3)(a) amended 21 March 2017 section 24(5) Electoral Amendment Act 2017 Section 83(3A) inserted 11 March 2020 section 5 Electoral Amendment Act 2020 Section 83(5) amended 21 March 2017 section 24(6) Electoral Amendment Act 2017 Section 83(6) repealed 21 March 2017 section 24(7) Electoral Amendment Act 2017 83A: Procedure following inquiry under section 83 Section 83A repealed 25 March 2014 section 17 Electoral Amendment Act 2014 83B: No form of inquiry required if application for registration as elector received Section 83B repealed 25 March 2014 section 17 Electoral Amendment Act 2014 83C: Elector who cannot be contacted to be included in dormant roll Section 83C repealed 25 March 2014 section 17 Electoral Amendment Act 2014 83D: Transfer of electors between electorates Section 83D repealed 25 March 2014 section 17 Electoral Amendment Act 2014 84: Registration of persons outside New Zealand A person who is outside New Zealand may apply for registration as an elector under section 83 section 86 Section 84 replaced 25 March 2014 section 17 Electoral Amendment Act 2014 85: Registration of persons who have physical or mental impairment A person who has a physical or mental impairment may apply for registration as an elector under section 83 section 86 Section 85 replaced 25 March 2014 section 17 Electoral Amendment Act 2014 86: Representatives 1: A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that— a: sets out the capacity in which he or she is acting; and b: confirms that he or she is duly authorised to act in making that application or providing that information. 2: A statement under subsection (1) must be provided— a: in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or b: in an approved electronic medium, by providing the information necessary to complete the form. Section 86 replaced 25 March 2014 section 17 Electoral Amendment Act 2014 86A: Registration of prisoners serving sentence of imprisonment of less than 3 years 1: This section applies when— a: a prisoner who is 18 years or older— i: is received into a prison to serve a sentence of imprisonment for a term of less than 3 years; or ii: has their sentence of imprisonment reduced or altered on appeal, or following a retrial, to a term of less than 3 years; or b: a prisoner turns 18 years while serving a sentence of imprisonment for a term of less than 3 years. 2: If this section applies, the prison manager must, as soon as is reasonably practicable,— a: advise the prisoner that if they are a New Zealand citizen or a permanent resident of New Zealand (as defined in section 73 section 82 b: ask the prisoner whether they want their enrolment details sent to the Electoral Commission to facilitate their registration as an elector. 3: If the prisoner wants their enrolment details sent to the Electoral Commission to facilitate their registration as an elector, section 86B Section 86A inserted 30 June 2020 section 7 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 86A(1) replaced 2 July 2020 section 5 Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 86AB: Registration of prisoners released after serving sentence of imprisonment of 3 years or more 1: Before a prisoner who is serving a sentence of imprisonment for a term of 3 years or more is released on parole or after serving the full sentence, the prison manager must, if the prisoner is 18 years or older,— a: advise the prisoner that if they are a New Zealand citizen or a permanent resident of New Zealand (as defined in section 73 section 82 b: ask the prisoner whether they want their enrolment details sent to the Electoral Commission to facilitate their registration as an elector. 2: If the prisoner wants their enrolment details sent to the Electoral Commission to facilitate their registration as an elector, section 86B Section 86AB inserted 2 July 2020 section 6 Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 86B: Prison manager to collect and send enrolment information to Electoral Commission 1: If a prisoner referred to in section 86A or 86AB a: the prisoner’s details specified in section 83(2)(a), (b), (c), (d), (g), and (h) b: if the prisoner is Māori, whether their choice is to be registered in a Māori electoral district or a General electoral district. 2: The prison manager must collect the enrolment information provided by a prisoner and send that information to the Electoral Commission as soon as is reasonably practicable— a: after collecting the information, if the information is collected from a prisoner referred to in section 86A b: after the prisoner’s release from prison, if the information is collected from a prisoner referred to in section 86AB 3: If a prisoner wishes to apply for a direction under section 115 a: assist the prisoner to prepare an application accompanied by supporting information; and b: send the application and supporting information to the Electoral Commission with the prisoner’s enrolment information. 4: A prison manager may not use or disclose the information collected from a prisoner other than in accordance with subsection (2) or (3). 5: If, at any time after a prison manager sends a prisoner’s information to the Electoral Commission, the overall length of a prisoner’s sentence or sentences of imprisonment changes in a way that results in the prisoner becoming disqualified for registration as an elector under section 80(1)(d) Section 86B inserted 30 June 2020 section 7 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 86B(1) amended 2 July 2020 section 7(1) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 86B(1)(b) replaced 31 March 2023 section 7 Electoral (Māori Electoral Option) Legislation Act 2022 Section 86B(2) replaced 2 July 2020 section 7(2) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 86B(5) inserted 2 July 2020 section 7(3) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 86C: Enrolment information received from prison manager treated as application for registration 1: The Electoral Commission must, for the purposes of this Act, treat— a: the receipt of a person’s details referred to in section 86B(1)(a) b: the receipt of a person’s preference referred to in section 86B(1)(b) 2: This section overrides section 83(1) to (4) Section 86C inserted 30 June 2020 section 7 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 86D: Delegation of prison manager’s functions under sections 86A, 86AB, and 86B 1: A prison manager may delegate to 1 or more prison officers the prison manager’s functions under sections 86A 86AB 86B 2: Subject to any directions or conditions imposed by the prison manager, a prison officer to whom the prison manager’s functions are delegated under this section may carry out those functions in the same manner and with the same effect as if they had been conferred on the prison officer directly by sections 86A 86AB 86B 3: A delegation must be in writing and may be revoked at any time. 4: In this section, prison officer section 3(1) Section 86D inserted 30 June 2020 section 7 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 86D heading amended 2 July 2020 section 8(1) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 86D(1) amended 2 July 2020 section 8(2) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 86D(2) amended 2 July 2020 section 8(2) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 86E: Prison manager to communicate with prisoner in way prisoner can understand When carrying out their duties under sections 86A 86AB 86B Section 86E inserted 30 June 2020 section 7 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 86E amended 2 July 2020 section 9 Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 87: Procedure if immigration status means applicant apparently not qualified to be registered 1: This section applies if, as a result of a comparison carried out under section 263A a: unlawfully in New Zealand; or b: lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type. 2: If this section applies, the Electoral Commission must comply with subsections (3) to (5) before determining whether the applicant is qualified to be registered. 3: The Electoral Commission must, as soon as practicable, deliver to the applicant (personally or by post) a written notice that specifies— a: that it believes that the person is— i: unlawfully in New Zealand; or ii: lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type; and b: that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the notice. 4: If the Electoral Commission receives no response within the time required, it must, as soon as practicable, deliver to the applicant (personally or by post) a further written notice that specifies— a: the advice that it received under section 263A(5) b: the date on which the initial notice was delivered to the applicant; and c: that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the further notice. 5: The Electoral Commission may determine whether the applicant is qualified to be registered if— a: it has not received any response within the time specified in subsection (4)(c); or b: it has considered any response that was received within that time. 6: If the Electoral Commission determines that the applicant is not qualified to be registered, it must deliver to the applicant (personally or by post) a written notice of the determination. 7: For the purposes of this section, a notice sent to the applicant by post— a: is, in the absence of proof to the contrary, to be treated as having been delivered to and received by the applicant by post on the fourth working day after the date on which it is sent by post; and b: is to be treated as sent by post to the applicant on a particular day if it is proved to have been— i: properly addressed to the applicant; and ii: submitted on that day to a person registered as a postal operator under the Postal Services Act 1998 Section 87 replaced 21 March 2017 section 25 Electoral Amendment Act 2017 88: Applications received after issue of writ 1: If a writ has been issued requiring the conduct of an election in a district, then the Electoral Commission may not, at any time in the period beginning on the day after polling day and ending on the day of the return of the writ, register an application for registration as an elector that the Electoral Commission receives— a: on polling day from a person outside New Zealand; or b: after polling day from any person. 1A: Subsection (1) is subject to subsections (2) to (4). 2: For the purposes of subsection (1), an application for registration is to be treated as having been received before or on a: the application or the envelope in which it is contained bears a postmark or date stamp impressed before or on b: the applicant for registration produces a receipt that— i: relates to the application; and ii: was issued before or on iii: was lodged at a polling place or with an electoral officer issuing special votes. 3: If a person applies for registration after the issue of a writ requiring the conduct of an election in a district and before polling day,— a: the Electoral Commission must, if satisfied that the person is qualified to be registered, enter the name of the person on the electoral roll; and b: the Electoral Commission is not required to enter the name of the person on the main roll or any supplementary roll or composite roll used at that election; and c: the person may, at that election,— i: be issued with a ballot paper in accordance with section 167 ii: be issued with a special vote ballot paper in any other case. 4: If a person who is present in New Zealand applies on polling day for registration as an elector of a district in which an election is being conducted, the Electoral Commission— a: may issue the person with a special vote ballot paper; and b: must, if the Electoral Commission subsequently determines that the person is qualified to be registered as an elector, enter the name of the person on the electoral roll. Section 88 replaced 21 March 2017 section 26 Electoral Amendment Act 2017 Section 88(1) replaced 11 March 2020 section 6(1) Electoral Amendment Act 2020 Section 88(1A) inserted 11 March 2020 section 6(1) Electoral Amendment Act 2020 Section 88(2) amended 11 March 2020 section 6(2) Electoral Amendment Act 2020 Section 88(2)(a) amended 11 March 2020 section 6(2) Electoral Amendment Act 2020 Section 88(2)(b)(ii) amended 11 March 2020 section 6(2) Electoral Amendment Act 2020 Section 88(3)(c) replaced 11 March 2020 section 6(3) Electoral Amendment Act 2020 Section 88(4) inserted 11 March 2020 section 6(4) Electoral Amendment Act 2020 89: Procedure following application for registration 1: If the Electoral Commission the Electoral Commission must 2: If on receiving any application that includes the exercise of the Māori option the Electoral Commission believes that it is prevented, by any of sections 78A to 78C a: notify the applicant of the reason why the exercise of the Māori option cannot be given effect to until a later date and advise what that date is; and b: advise the applicant whether they are entitled to be registered as an elector in another type of district. 3: Where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the Electoral Commission to Electoral Commission must 4: Notwithstanding anything in this Act, where the Electoral Commission has Electoral Commission must a: to enter the name of the applicant on the electoral roll; or b: to delete the name of the applicant from that main, supplementary, or composite roll. 1956 No 107 s 49(1), (4), (5); 1980 No 29 s 17(1); 1981 No 120 s 21 Section 89 (former section 87) renumbered 25 March 2014 section 18 Electoral Amendment Act 2014 Former section 89 repealed 25 March 2014 section 21 Electoral Amendment Act 2014 Section 89(1) amended 21 March 2017 section 27(1) Electoral Amendment Act 2017 Section 89(1) amended 21 March 2017 section 27(2) Electoral Amendment Act 2017 Section 89(2) replaced 31 March 2023 section 8 Electoral (Māori Electoral Option) Legislation Act 2022 Section 89(3) amended 21 March 2017 section 27(4)(a) Electoral Amendment Act 2017 Section 89(3) amended 21 March 2017 section 27(4)(b) Electoral Amendment Act 2017 Section 89(4) amended 21 March 2017 section 27(5)(a) Electoral Amendment Act 2017 Section 89(4) amended 21 March 2017 section 27(5)(b) Electoral Amendment Act 2017 89A: Notice of registration The Electoral Commission Section 89A inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89A amended 21 March 2017 section 28 Electoral Amendment Act 2017 Change of address Heading inserted 25 March 2014 section 22 Electoral Amendment Act 2014 89B: Elector must give notice of change of place of residence within electoral district 1: This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district. 2: The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of— a: the change of his or her place of residence; and b: the address of the new place of residence. 3: Notice under subsection (2) must be given— a: in writing to the Electoral Commission b: in an approved electronic medium. 4: An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 5: On receiving a notice under subsection (2), the Electoral Commission a: amend the roll to record the change in the elector's place of residence; and b: give confirmation to the elector, in accordance with section 94A 6: An elector who knowingly and wilfully fails to comply with subsection (2)— a: commits an offence and is liable on conviction to a fine— i: not exceeding $50 on a first conviction; and ii: not exceeding $100 on any subsequent conviction; but b: is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered. 7: Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice. Section 89B inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89B(3)(a) amended 21 March 2017 section 29(1) Electoral Amendment Act 2017 Section 89B(5) amended 21 March 2017 section 29(2) Electoral Amendment Act 2017 89C: Elector must give notice of change of place of residence to different electoral district 1: This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district 2: The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of— a: the change in his or her place of residence; and b: the date on which the change occurred; and c: the address of the new place of residence. 3: Notice under subsection (2) must be given— a: in an approved electronic medium; or b: in writing to the Electoral Commission in a form that the Electoral Commission has approved; or c: by applying, under section 83 4: An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 5: For the purposes of section 89(1) 6: 7: 8: 9: 10: 11: 12: 13: 14: An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine— a: not exceeding $100 on a first conviction; and b: not exceeding $200 on any subsequent conviction. 15: Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice. 16: Section 89C inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89C(2) replaced 1 May 2017 section 30(1) Electoral Amendment Act 2017 Section 89C(3)(b) replaced 1 May 2017 section 30(2) Electoral Amendment Act 2017 Section 89C(3)(c) replaced 1 May 2017 section 30(2) Electoral Amendment Act 2017 Section 89C(5) replaced 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(6) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(7) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(8) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(9) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(10) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(11) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(12) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(13) repealed 1 May 2017 section 30(3) Electoral Amendment Act 2017 Section 89C(16) repealed 1 May 2017 section 30(4) Electoral Amendment Act 2017 Updating of electoral rolls Heading inserted 25 March 2014 section 22 Electoral Amendment Act 2014 89D: Inquiry to be made to update electoral rolls 1: The Electoral Commission a district 2: An inquiry must be made,— a: where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and b: at any other time determined 3: In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001 the Electoral Commission a: is registered as an elector of a district b: appears from those particulars to reside within a particular local government area 4: If a roll that is not yet in force has been compiled under section 101(1) 5: An inquiry made under subsection (1)— a: must— i: contain the particulars on the roll for the elector to whom it is addressed; or ii: contain information about how the elector can access his or her particulars electronically; and b: must require the elector, if any of those particulars have changed or are incorrect, to notify the Electoral Commission by— i: sending the corrected particulars to the Electoral Commission in a form that the Electoral Commission has approved; or ii: using an approved electronic medium to make any change or correction required to the particulars. 6: An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 7: For the purposes of this section,— a: a person registered as an elector the Electoral Commission b: the particulars contained in the application to register are the particulars on the roll for that person. Section 89D inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89D(1) amended 21 March 2017 section 31(1)(a) Electoral Amendment Act 2017 Section 89D(1) amended 21 March 2017 section 31(1)(b) Electoral Amendment Act 2017 Section 89D(2)(b) amended 21 March 2017 section 31(2) Electoral Amendment Act 2017 Section 89D(3) amended 21 March 2017 section 31(3) Electoral Amendment Act 2017 Section 89D(3)(a) amended 21 March 2017 section 31(4) Electoral Amendment Act 2017 Section 89D(3)(b) amended 21 March 2017 section 31(5) Electoral Amendment Act 2017 Section 89D(5) replaced 21 March 2017 section 31(6) Electoral Amendment Act 2017 Section 89D(7)(a) amended 21 March 2017 section 31(7) Electoral Amendment Act 2017 89DA: Updating Māori option details 1: The Electoral Commission must send to Māori electors information about the exercise of the Māori option, if practicable, not later than— a: 30 April 2023; and b: 31 March in any other year in which Parliament is due to expire. 2: The Electoral Commission must send to Māori electors information about the exercise of the Māori option not less than 3 months before the commencement of a local government election period under section 78B 3: The information required to be sent to Māori electors under subsections (1) and (2) may be sent by any means that the Electoral Commission considers appropriate and— a: must inform the elector that they are currently registered in a Māori electoral district or a General electoral district (whichever applies); and b: must inform the elector that they are entitled to— i: exercise the Māori option under section 76 sections 78A to 78C ii: change the type of district in which they are registered; and c: must include a form or information about an approved electronic medium to use to exercise the Māori option; and d: may give information about the differences between the 2 types of electoral districts that the Electoral Commission considers would be useful. Section 89DA inserted 31 March 2023 section 9 Electoral (Māori Electoral Option) Legislation Act 2022 89E: No inquiry required if application for registration as elector received If the Electoral Commission section 89D(1) a: that application is deemed to be a completed form for the purposes of section 89D b: the Electoral Commission section 89D Section 89E inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89E amended 21 March 2017 section 32(1) Electoral Amendment Act 2017 Section 89E(b) amended 21 March 2017 section 32(2) Electoral Amendment Act 2017 89F: Procedure following inquiry under section 89D 1: If, following an inquiry under section 89D a: must, in accordance with section 98(1)(a) b: must, in accordance with section 89 2: If, following an inquiry under section 89D Electoral Commission 89D(5)(b) Electoral Commission 3: An elector remains on the roll and his or her particulars on the roll remain unchanged if— a: the Electoral Commission section 89D(5)(b) b: the Electoral Commission section 89D(5)(b) 4: A form that a person intends to return, or returns, under section 89D(5)(b)(i) subsections (1)(a), (2), and (3) of section 83 5: Information that an elector intends to supply, or supplies, electronically under section 89D(5)(b)(ii) a: is not an application in respect of registration as an elector required by section 83(1)(a) b: may be rejected for incompleteness under section 83(3) Section 89F inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89F(1) replaced 21 March 2017 section 33(1) Electoral Amendment Act 2017 Section 89F(2) amended 31 March 2023 section 10(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 89F(2) amended 21 March 2017 section 33(2) Electoral Amendment Act 2017 Section 89F(3)(a) amended 31 March 2023 section 10(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 89F(3)(a) amended 21 March 2017 section 33(2) Electoral Amendment Act 2017 Section 89F(3)(b) amended 31 March 2023 section 10(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 89F(3)(b) amended 21 March 2017 section 33(2) Electoral Amendment Act 2017 Section 89F(4) amended 31 March 2023 section 10(2) Electoral (Māori Electoral Option) Legislation Act 2022 Section 89F(5) amended 31 March 2023 section 10(3) Electoral (Māori Electoral Option) Legislation Act 2022 89G: Elector who cannot be contacted to be included in dormant roll 1: This section applies if— a: the Electoral Commission section 89D(1) b: at any other time, the elector cannot be contacted at the elector’s address on the roll. 2: If this section applies, the Electoral Commission a: make any inquiry as to the whereabouts of the elector that the Electoral Commission thinks fit b: if the Electoral Commission section 109 Section 89G inserted 25 March 2014 section 22 Electoral Amendment Act 2014 Section 89G(1)(a) amended 31 March 2023 section 11 Electoral (Māori Electoral Option) Legislation Act 2022 Section 89G(1)(a) amended 21 March 2017 section 34(1) Electoral Amendment Act 2017 Section 89G(2) amended 21 March 2017 section 34(2) Electoral Amendment Act 2017 Section 89G(2)(a) amended 21 March 2017 section 34(3) Electoral Amendment Act 2017 Section 89G(2)(b) amended 21 March 2017 section 34(4) Electoral Amendment Act 2017 Changes of address Heading repealed 25 March 2014 section 23 Electoral Amendment Act 2014 90: Changes of address to be notified Section 90 repealed 25 March 2014 section 23 Electoral Amendment Act 2014 91: Effect of failure to notify change of address Section 91 repealed 25 March 2014 section 23 Electoral Amendment Act 2014 Death of registered elector 92: Notification of death of registered elector 1: The Registrar-General appointed under section 124(1) Electoral Commission 2: The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 124(1) Electoral Commission a: to determine the electoral district in which the deceased person resided; and b: to take appropriate steps in relation to the roll and other records. Section 92 substituted 18 March 2002 section 28(1) Electoral Amendment Act 2002 Section 92(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 92(1) amended 1 July 2012 section 52(16)(b) Electoral (Administration) Amendment Act 2011 Section 92(1) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 92(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 92(2) amended 1 July 2012 section 52(5) Electoral (Administration) Amendment Act 2011 Section 92(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 92(2) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Marriage or civil union Heading substituted 18 March 2002 section 28(1) Electoral Amendment Act 2002 Heading amended 26 April 2005 section 46 Civil Union Act 2004 93: Notification of marriages and civil unions 1: In this section, Registrar-General section 124(1) 2: As soon as is reasonably practicable after the registration of a marriage or a civil union under subpart 5 Electoral Commission a: full name: b: date of birth: c: usual residential address: d: date of marriage or civil union. 3: Subsection (4) applies if a party to the marriage or civil union is— a: registered as an elector of any district; or b: a person who has applied under section 82(2) 4: The Electoral Commission a: send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and b: if a change is required, amend the roll in accordance with the details supplied. 5: If an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll. Section 93 substituted 7 July 2010 section 4 Electoral Amendment Act 2010 Section 93(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 93(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 93(2) amended 1 July 2012 section 52(17)(i) Electoral (Administration) Amendment Act 2011 Section 93(4) amended 1 July 2012 section 52(17)(i) Electoral (Administration) Amendment Act 2011 Change of name of registered elector Heading substituted 18 March 2002 section 28(1) Electoral Amendment Act 2002 94: Notification of change of name 1: This section applies if a person registers a change of his or her name under section 69 or 70 2: The Registrar-General appointed under section 124(1) Electoral Commission a: the old name and the new name of the person; and b: the person’s date of birth; and c: the person’s full residential address. Section 94 substituted 18 March 2002 section 28(1) Electoral Amendment Act 2002 Section 94(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 94(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 94(2) amended 1 July 2012 section 52(17)(j) Electoral (Administration) Amendment Act 2011 Section 94(2) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Confirmation of change of name, address, or other particulars Heading inserted 18 March 2002 section 28(1) Electoral Amendment Act 2002 94A: Confirmation of change of name, address, or other particulars 1: This section applies if the Electoral Commission a: the place of residence of the person, following a change of residence within an electoral district; or b: the name of the person; or c: any other particulars of a kind specified in section 83(2)(d), (g), or (h) 2: The Electoral Commission Section 94A inserted 18 March 2002 section 28(1) Electoral Amendment Act 2002 Section 94A(1) amended 21 March 2017 section 35 Electoral Amendment Act 2017 Section 94A(1)(c) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 94A(2) amended 21 March 2017 section 35 Electoral Amendment Act 2017 Objections to registration 95: Elector’s objection 1: Any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district. 2: Every such objection— a: shall be made in writing to the Electoral Commission b: shall specify— i: the name of the objector; and ii: sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection. 3: Where the Electoral Commission considers Electoral Commission must Electoral Commission thinks 4: Where any objector fails to comply with a notice given under subsection (3), the Electoral Commission must Electoral Commission must Section 95 substituted 6 December 1995 section 28 Electoral Amendment Act (No 2) 1995 Section 95(2)(a) amended 21 March 2017 section 36(1) Electoral Amendment Act 2017 Section 95(3) amended 21 March 2017 section 36(2)(a) Electoral Amendment Act 2017 Section 95(3) amended 21 March 2017 section 36(2)(b) Electoral Amendment Act 2017 Section 95(3) amended 21 March 2017 section 36(2)(c) Electoral Amendment Act 2017 Section 95(4) amended 21 March 2017 section 36(3) Electoral Amendment Act 2017 95A: Notice of elector’s objection 1: Subject to subsections (3) and (4) of section 95 Electoral Commission must a: the person objected to; or b: the person who, under section 12(1) c: the attorney appointed by the person objected to under an enduring power of attorney,— notice in writing of the objection, which notice must include 2: Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in District Court Rules 2014 3: The notice issued by the Electoral Commission under subsection (1) must a: that he or she may forward to the Electoral Commission b: that his or her name will be retained on the roll if he or she provides the Electoral Commission Electoral Commission c: that if he or she fails to forward a statement to the Electoral Commission Electoral Commission section 95B 4: If, after making the inquiries it thinks fit, the Electoral Commission is unable to serve the notice of objection on a person personally after making at least 2 attempts, the Electoral Commission must— a: remove the name of the person from the roll; and b: include the name in the dormant roll maintained under section 109 Section 95A inserted 6 December 1995 section 28 Electoral Amendment Act (No 2) 1995 Section 95A(1) amended 21 March 2017 section 37(1)(a) Electoral Amendment Act 2017 Section 95A(1) amended 21 March 2017 section 37(1)(b) Electoral Amendment Act 2017 Section 95A(2) amended 1 March 2017 section 261 District Court Act 2016 Section 95A(3) amended 21 March 2017 section 37(2) Electoral Amendment Act 2017 Section 95A(3)(a) amended 21 March 2017 section 37(3) Electoral Amendment Act 2017 Section 95A(3)(b) amended 21 March 2017 section 37(3) Electoral Amendment Act 2017 Section 95A(3)(c) amended 21 March 2017 section 37(3) Electoral Amendment Act 2017 Section 95A(4) replaced 21 March 2017 section 37(4) Electoral Amendment Act 2017 95B: Power to remove name from roll Where, within 14 days after the day on which a notice under section 95A(1) section 96(2) a: the person objected to; or b: the person who, under section 12(1) c: the attorney appointed by the person objected to under an enduring power of attorney,— either fails to provide evidence of eligibility to be on the roll or notifies the Electoral Commission that Electoral Commission must must notify Section 95B inserted 6 December 1995 section 28 Electoral Amendment Act (No 2) 1995 Section 95B amended 21 March 2017 section 38(a) Electoral Amendment Act 2017 Section 95B amended 21 March 2017 section 38(b) Electoral Amendment Act 2017 Section 95B amended 21 March 2017 section 38(c) Electoral Amendment Act 2017 95C: Power to retain name on roll Where, within 14 days after the day on which a notice under section 95A(1) section 96(2) a: the person objected to; or b: the person who, under section 12(1) c: the attorney appointed by the person objected to under an enduring power of attorney,— provides the Electoral Commission with Electoral Commission that Electoral Commission must Section 95C inserted 6 December 1995 section 28 Electoral Amendment Act (No 2) 1995 Section 95C amended 21 March 2017 section 39(a) Electoral Amendment Act 2017 Section 95C amended 21 March 2017 section 39(b) Electoral Amendment Act 2017 Section 95C amended 21 March 2017 section 39(c) Electoral Amendment Act 2017 95D: Reference of elector’s objection to District Court 1: Unless,— a: within 14 days after the day on which a notice under section 95A(1) section 96(2) b: the name of the person who is objected to is removed from the roll under section 95B section 95C the Electoral Commission must the District Court must notify 2: Subject to subsection (3), where any party notifies the Electoral Commission that Electoral Commission made section 95B section 95C Electoral Commission must the District Court must notify 3: Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Electoral Commission section 95B section 95C Section 95D inserted 6 December 1995 section 28 Electoral Amendment Act (No 2) 1995 Section 95D(1) amended 21 March 2017 section 40(1)(a) Electoral Amendment Act 2017 Section 95D(1) amended 21 March 2017 section 40(1)(b) Electoral Amendment Act 2017 Section 95D(1) amended 1 March 2017 section 261 District Court Act 2016 Section 95D(2) amended 21 March 2017 section 40(2)(a) Electoral Amendment Act 2017 Section 95D(2) amended 21 March 2017 section 40(2)(b) Electoral Amendment Act 2017 Section 95D(2) amended 21 March 2017 section 40(2)(c) Electoral Amendment Act 2017 Section 95D(2) amended 21 March 2017 section 40(2)(d) Electoral Amendment Act 2017 Section 95D(2) amended 1 March 2017 section 261 District Court Act 2016 Section 95D(3) amended 21 March 2017 section 40(3) Electoral Amendment Act 2017 96: Electoral Commission’s objection 1: The Electoral Commission may at any time object to the name of any person being on the roll for a district on the ground that the person is not qualified to be registered as an elector of the district. 2: If the Electoral Commission objects, it must give notice in writing of the objection to— a: the person objected to; or b: a representative of the person objected to. 3: The notice must— a: inform the person objected to— i: of the grounds for the objection; and ii: of the reasons supporting the grounds for objection; and iii: that the person may forward to the Electoral Commission a statement signed by the person giving reasons why the person’s name should be retained on the roll; and iv: that the person’s name will be retained on the roll if the person provides the Electoral Commission with evidence that satisfies the Electoral Commission that the person’s name should be retained on the roll; and v: that, if the person fails to forward a statement to the Electoral Commission within 14 days after the date on which the notice is served on the person, the Electoral Commission will remove the person’s name from the roll under section 95B b: be served personally in accordance with the rules governing personal service contained in the District Courts Rules 2014 4: If the Electoral Commission is unable, after making any inquiries it thinks fit, to serve notice of objection on the person objected to personally, after making at least 2 attempts, the Electoral Commission must— a: remove the person’s name from the roll; and b: include the person’s name in the dormant roll maintained under section 109. 5: Nothing in this section affects any other provision of this Act that relates to the removal of names from the roll by the Electoral Commission. Section 96 replaced 21 March 2017 section 41 Electoral Amendment Act 2017 97: Procedure on reference of application or objection to District Court 1: The following provisions of this section shall apply with respect to proceedings on the reference to the District Court section 95 section 96 2: The Electoral Commission by it or him or her 3: In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection. 3A: If a person objected to has a physical or mental impairment, that person's representative may sign and forward to a Registrar of the court 4: If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll. 5: Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined. 6: At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection. 7: In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit. 8: Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply. 9: The Electoral Commission must 1956 No 107 s 55; 1975 No 28 s 24(2)(b); 1980 No 29 s 5(8) Section 97(1) amended 1 March 2017 section 261 District Court Act 2016 Section 97(2) amended 21 March 2017 section 42(1)(a) Electoral Amendment Act 2017 Section 97(2) amended 21 March 2017 section 42(1)(b) Electoral Amendment Act 2017 Section 97(3A) inserted 25 March 2014 section 45 Electoral Amendment Act 2014 Section 97(3A) amended 21 March 2017 section 42(2) Electoral Amendment Act 2017 Section 97(9) amended 21 March 2017 section 42(3) Electoral Amendment Act 2017 Removal of names from roll and alterations to roll 98: Removal of names from roll by Electoral Commission 1: Subject to subsection (6), the Electoral Commission must a: the name of every person who, consequent on a change in his or her place of residence,— i: is not qualified to be registered as an elector of the district; and ii: resides in, and is registered as an elector of, another district: b: the name of every person of whose identity the Electoral Commission the Electoral Commission i: by any Registrar of Births and Deaths; or ii: by the father, mother, or spouse , civil union partner, or de facto partner c: d: the name of every person who, as a result of an inquiry made at that person’s address on the roll, the Electoral Commission e: the name of every person whose name is entered on the Corrupt Practices List made out for any district: f: the name of every person whose disqualification under section 80 i: is duly certified to the Electoral Commission ; or ii: is notified to the Electoral Commission under section 81 ii: g: the name of every Māori person who has exercised the Māori option under section 76 h: where the roll is for a Maori electoral district, the name of every person who is not a Maori: i: the name of every person who has been registered for the district— i: by mistake; or ii: by clerical error; or iii: as a result of false information. 2: Notwithstanding anything in this Act, the Electoral Commission a: by mistake; or b: by clerical error; or c: as a result of false information,— may place the name of that person on the roll at any time or restore the name of that person to the roll at any time. 3: In addition to other powers of alterations conferred by this Act, the Electoral Commission a: by correcting any mistake or omission in the particulars of the enrolment of a person: b: by striking out the superfluous entry when the name of a person appears more than once on the roll. 4: The Electoral Commission may, subject to subsection (6), place a person’s name on the roll if— a: the person has been registered as an elector of a district other than the district in which the person should have been registered; and b: the person’s name has, under subsection (1)(h) or (i), been removed from the roll of the district for which the person was correctly registered. 5: Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on Electoral Commission must list of post-writ day deletions 6: No alteration pursuant to this section shall be made to the roll for a district in the period beginning on the day after 1956 No 107 s 57; 1983 No 104 s 10(1); 1985 No 149 s 11; 1985 No 150 s 2(3); 1990 No 1 s 24(2) Section 98 heading amended 21 March 2017 section 43(1) Electoral Amendment Act 2017 Section 98(1) amended 21 March 2017 section 43(2) Electoral Amendment Act 2017 Section 98(1)(b) amended 21 March 2017 section 43(3) Electoral Amendment Act 2017 Section 98(1)(b)(ii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 98(1)(c) repealed 25 March 2014 section 45 Electoral Amendment Act 2014 Section 98(1)(d) substituted 18 March 2002 section 31(3) Electoral Amendment Act 2002 Section 98(1)(d) amended 21 March 2017 section 43(4) Electoral Amendment Act 2017 Section 98(1)(f)(i) amended 2 July 2020 section 10(1) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 98(1)(f)(i) amended 21 March 2017 section 43(5) Electoral Amendment Act 2017 Section 98(1)(f)(ii) inserted 2 July 2020 section 10(2) Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 Section 98(1)(f)(ii) repealed 30 June 2020 section 8 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 Section 98(1)(g) replaced 31 March 2023 section 12 Electoral (Māori Electoral Option) Legislation Act 2022 Section 98(2) amended 21 March 2017 section 43(5) Electoral Amendment Act 2017 Section 98(3) amended 21 March 2017 section 43(5) Electoral Amendment Act 2017 Section 98(4) replaced 21 March 2017 section 43(6) Electoral Amendment Act 2017 Section 98(5) amended 11 March 2020 section 7(1) Electoral Amendment Act 2020 Section 98(5) amended 21 March 2017 section 43(7) Electoral Amendment Act 2017 Section 98(6) amended 11 March 2020 section 7(2) Electoral Amendment Act 2020 99: Notice of alterations to roll 1: Where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1) Electoral Commission must 2: Where the name of a person (being a name which, pursuant to section 98(1)(h) Electoral Commission must 3: Subject to subsection (4), the notice required by subsection (1) or subsection (2)— a: shall be delivered to the person personally or sent to the person by post; and b: shall be so delivered or sent not later than 14 days after the date on which,— i: where the notice is required by subsection (1), the person’s name is removed; or ii: where the notice is required by subsection (2), the person’s name is entered. 4: Where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on polling day, the notice required by subsection (1) or (2) must immediately be delivered to the person personally or sent to the person by post. 1956 No 107 s 57A; 1983 No 104 s 10(1) Section 99(1) amended 21 March 2017 section 44(1) Electoral Amendment Act 2017 Section 99(2) amended 21 March 2017 section 44(2) Electoral Amendment Act 2017 Section 99(2) amended 6 December 1995 section 31 Electoral Amendment Act (No 2) 1995 Section 99(4) replaced 11 March 2020 section 8 Electoral Amendment Act 2020 100: Corrupt Practices List 1: Where it is proved before the Electoral Commission a district a: been convicted of a corrupt practice; or b: been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,— the Electoral Commission must Corrupt Practices List 2: The Electoral Commission must 3: Whenever a main roll is printed for a district 4: Whenever a supplementary roll is printed for a district 1956 No 107 s 59; 1980 No 29 s 5(7) Section 100(1) amended 21 March 2017 section 45(1)(a) Electoral Amendment Act 2017 Section 100(1) amended 21 March 2017 section 45(1)(b) Electoral Amendment Act 2017 Section 100(1) amended 21 March 2017 section 45(1)(c) Electoral Amendment Act 2017 Section 100(2) amended 21 March 2017 section 45(2) Electoral Amendment Act 2017 Section 100(3) amended 21 March 2017 section 45(3) Electoral Amendment Act 2017 Section 100(4) amended 21 March 2017 section 45(4) Electoral Amendment Act 2017 Electoral rolls 101: Electoral rolls 1: Where a notice is gazetted under section 40(1)(b) section 45(9)(b) Electoral Commission a: decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and b: compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list 2: For the purposes of any inquiry section 89D 3: For the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the Electoral Commission 4: Where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing Parliament. 5: The compiled lists shall be compiled immediately before— a: the next succeeding inquiry section 89D b: the printing of the main rolls (where the Electoral Commission whichever is the earlier. 6: Every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89D 7: The Electoral Commission must 1956 No 107 s 60; 1980 No 29 s 23(1); 1985 No 149 s 12; 1991 No 68 s 11 Section 101(1) amended 1 July 2012 section 52(17)(m) Electoral (Administration) Amendment Act 2011 Section 101(2) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 101(2) amended 18 March 2002 section 32(1) Electoral Amendment Act 2002 Section 101(3) amended 1 July 2012 section 52(17)(m) Electoral (Administration) Amendment Act 2011 Section 101(5)(a) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 101(5)(a) amended 18 March 2002 section 32(2) Electoral Amendment Act 2002 Section 101(5)(b) amended 1 July 2012 section 52(17)(m) Electoral (Administration) Amendment Act 2011 Section 101(6) substituted 18 March 2002 section 32(3) Electoral Amendment Act 2002 Section 101(6) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 101(7) amended 21 March 2017 section 46 Electoral Amendment Act 2017 102: Maintenance of rolls being replaced 1: If the Electoral Commission has compiled the lists referred to in section 101(1)(b) section 40(1)(b) 45(9)(b) 2: Despite subsection (1), the Electoral Commission must ensure that it has available to it, until the roll for a district ceases to be in force, all information (which may include or consist of photocopies of original documents) necessary to enable it to bring the roll up to date in the event of a by-election in that district. 3: If a by-election is to take place in a district to which subsection (1) applies, the Electoral Commission must ensure that an up-to-date composite roll for the district is closed and printed as at writ day for the by-election. Section 102 replaced 21 March 2017 section 47 Electoral Amendment Act 2017 103: Rolls where Parliament dissolved after change of boundaries and before new rolls completed 1: If a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) 45(9)(b) section 101 2: Each list compiled under section 101(1)(b) a: be the electoral roll for the district to which it relates; and b: come into force as soon as it is compiled. 3: The Electoral Commission must— a: keep every electoral roll to which subsection (2) applies up to date by making all the additions, alterations, and deletions that become necessary; and b: incorporate the additions, alterations, and deletions made to an electoral roll into the electoral roll that supersedes it. Section 103 replaced 21 March 2017 section 48 Electoral Amendment Act 2017 104: Main roll to be printed 1: The Electoral Commission must, at least once in each year, print a main roll for each district that contains a list of all persons whose names are lawfully on the electoral roll for the relevant district on a date to be fixed for the closing of the main rolls. 2: The date to be fixed for the purposes of subsection (1) shall,— a: in the case of a year in which Parliament is due to expire, be fixed by the Governor-General by Order in Council published in the Gazette b: in the case of any other year, be fixed by the Electoral Commission Gazette 3: Every main roll printed for any district under this section shall be the main roll for the district until a new main roll is printed for the district. 1956 No 107 s 61; 1980 No 29 s 25(1) Section 104(1) replaced 21 March 2017 section 49 Electoral Amendment Act 2017 Section 104(2)(a) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 104(2)(b) amended 1 July 2012 section 52(17)(p) Electoral (Administration) Amendment Act 2011 105: Supplementary rolls to be printed 1: The Electoral Commission must, from time to time, print a supplementary roll for a district that contains a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the Electoral Commission. 2: However, a supplementary roll must be printed as soon as practicable after the issue of a writ for an election in the relevant district, and the date for the closing of that roll is writ day. 3: Every supplementary roll printed for a district under this section is a supplementary roll for the district until a new main roll is printed for the district. Section 105 replaced 21 March 2017 section 50 Electoral Amendment Act 2017 106: Form of main roll and supplementary rolls 1: Every main roll or supplementary roll printed for any district shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surnames. 2: The names on each page of the main roll and of every supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first name on each page. 3: The pages of every main roll or supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of the district, whether main or supplementary. 4: The number appearing on the main roll or, as the case may be, on any supplementary roll printed for any district against the name of any elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll. 5: With the consent of the Government Statistician, the Electoral Commission 1956 No 107 s 63(1)–(5); 1960 No 4 s 2(1); 1975 No 28 s 28; 1980 No 29 s 5(7) Section 106(5) amended 21 March 2017 section 51 Electoral Amendment Act 2017 107: Composite rolls 1: The Electoral Commission may, from time to time, print a composite roll for each district a: shall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of— i: all persons whose names appear on the main roll for the district; and ii: all persons whose names appear on any existing supplementary roll for the district; and iii: all persons whose names do not appear on the main roll for the district or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that composite roll by the Electoral Commission b: shall, subject to paragraph (a), be printed in the manner prescribed by section 106 2: Notwithstanding anything in subsection (1), in the case of a by-election in any district, the Electoral Commission must cause a composite roll for the district 3: Where the date for the closing of a composite roll for a district is writ day in relation to an election in that district, the Electoral Commission a: shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and b: shall not be obliged to issue a supplementary roll for the district under the proviso to section 105(1) 4: Where a composite roll for a district is printed under this section,— a: the composite roll shall, notwithstanding section 104(3) b: the main roll and any supplementary rolls that were in force for the district immediately before the date of the closing of the composite roll shall cease to be in force. 5: Nothing in this section— a: limits the provisions of section 104(1) b: prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining— i: whether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any district; or ii: whether any person is qualified to vote in any district as a special voter. 1956 No 107 ss 63A, 63B; 1979 No 12 s 2; 1980 No 29 ss 5(8), 28 Section 107(1) amended 21 March 2017 section 52(1) Electoral Amendment Act 2017 Section 107(1)(a)(iii) amended 1 July 2012 section 52(16)(d) Electoral (Administration) Amendment Act 2011 Section 107(2) amended 21 March 2017 section 52(2) Electoral Amendment Act 2017 Section 107(3) amended 21 March 2017 section 52(3) Electoral Amendment Act 2017 108: Habitation indexes The Electoral Commission a: may from time to time compile in respect of any electoral district a habitation index— i: listing, in accordance with their residential addresses, the electors who reside in that electoral district; and ii: showing, against the name of each elector, the number of the elector on the main roll, or, as the case may be, on any supplementary roll for that electoral district; and b: shall, as soon as practicable after the printing of a main roll for an electoral district, compile a habitation index under paragraph (a) in respect of that district. 1956 No 107 s 60C(1); 1980 No 29 s 24; 1983 No 104 s 11 Section 108 amended 1 July 2012 section 52(17)(q) Electoral (Administration) Amendment Act 2011 109: Dormant roll 1: The Electoral Commission must maintain a dormant roll that shows for each district the particulars of those persons whose names have been removed from the roll for the relevant district— a: under section 89G b: as a result of the removal of the name of that person from the roll under section 95A(4) 96(5) 2: The Electoral Commission a: in the case of a person whose name has been removed from the electoral roll under section 89G b: in the case of a person whose name has been removed from the electoral roll under section 95A(4) section 96(5) c: in the case of a person who dies, when the Electoral Commission the Electoral Commission i: by any Registrar of Births and Deaths; or ii: by the father, mother, spouse, civil union partner, de facto partner, iii: by the administrator of the estate of the person; or d: the expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll. 3: The Electoral Commission 4: The Electoral Commission last shown on the roll 5: The dormant roll as it exists on section 60(c) or (d) Section 109 substituted 18 March 2002 section 34 Electoral Amendment Act 2002 Section 109(1) replaced 21 March 2017 section 53(1) Electoral Amendment Act 2017 Section 109(2) amended 21 March 2017 section 53(2) Electoral Amendment Act 2017 Section 109(2)(a) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 109(2)(c) amended 21 March 2017 section 53(3) Electoral Amendment Act 2017 Section 109(2)(c)(ii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 109(3) amended 11 March 2020 section 9(1) Electoral Amendment Act 2020 Section 109(3) amended 21 March 2017 section 53(4) Electoral Amendment Act 2017 Section 109(4) amended 11 March 2020 section 9(2) Electoral Amendment Act 2020 Section 109(4) amended 21 March 2017 section 53(4) Electoral Amendment Act 2017 Section 109(5) amended 11 March 2020 section 9(1) Electoral Amendment Act 2020 110: Public inspection of rolls, etc 1: A copy or copies of— a: the main roll and of the supplementary rolls for any district; and b: the latest index compiled under section 108 c: the most recent computer-compiled list printed pursuant to section 109(5) shall be kept for inspection by the public at the office of the Electoral Commission for the district Electoral Commission 2: Any direction given by the Electoral Commission 3: Any person may inspect at the offices of the Electoral Commission, a: the documents specified in subsection (1): b: the most recent computer-compiled list which is held by the Electoral Commission c: the names and particulars of any person whose name is on the electoral roll but not on the main roll or any supplementary roll or the most recent computer-compiled list to which paragraph (b) applies: d: the application of any person who has applied to be registered as an elector of the district but who is prevented, by section 88 e: his or her own application for registration as an elector: f: the application for registration of any person whose name is on the electoral roll if— i: that person consents to his or her application being inspected; or ii: the Electoral Commission g: the list of post-writ day deletions referred to in section 98(5) 4: In the case of— a: the computer-compiled list printed pursuant to section 109(5) b: the computer-compiled list referred to in subsection (3)(b)— neither the power of inspection conferred by subsection (3) nor the power to inspect the list when it is made available for public inspection under section 111 5: Any person may, on paying the prescribed fee, obtain a copy of— a: the main or supplementary roll for a district: b: an index compiled under section 108 6: Regulations made under section 267 a: may prescribe a scale of fees for the purposes of subsection (5); and b: shall provide for any fee payable under subsection (5) to be reduced wherever the copy of the roll or index is required for any purpose relating to an election or poll. 7: Where any person is entitled, pursuant to any provision of paragraphs (d) to (f) of subsection (3), to inspect any application, the Electoral Commission must 8: If land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed under section 109(5) 1956 No 107 ss 60C(2)–(4), 63(6), 64(1), (2), (3)–(5), (7), 65AD(1), (3)–(6); 1960 No 4 s 2(1); 1975 No 28 s 28(2); 1980 No 29 ss 5(7), 24, 29(1); 1983 No 104 s 12(1); 1985 No 150 ss 3(2), 4(1); 1986 No 124 s 32(1) Section 110(1) amended 21 March 2017 section 54(1) Electoral Amendment Act 2017 Section 110(1) amended 1 July 2012 section 52(6) Electoral (Administration) Amendment Act 2011 Section 110(2) amended 1 July 2012 section 52(7) Electoral (Administration) Amendment Act 2011 Section 110(3) amended 21 March 2017 section 54(2) Electoral Amendment Act 2017 Section 110(3)(b) amended 21 March 2017 section 54(3) Electoral Amendment Act 2017 Section 110(3)(f)(ii) amended 21 March 2017 section 54(3) Electoral Amendment Act 2017 Section 110(7) amended 21 March 2017 section 54(4) Electoral Amendment Act 2017 Section 110(8) replaced 21 March 2017 section 54(5) Electoral Amendment Act 2017 111: Inspection of rolls at hui 1: Subject to subsection (2), the Electoral Commission the Electoral Commission Electoral Commission, a: the main roll and the supplementary rolls kept for any district: b: the most recent computer-compiled list which is held by the Electoral Commission c: any computer-compiled list printed pursuant to section 109(5) 2: A request made under subsection (1) shall not be granted unless the Electoral Commission 3: Where a roll or list is made available for public inspection under subsection (1), the roll or list shall be made available at such times and places as the Electoral Commission 1956 No 107 s 64(2A), (2B), (2C); 1985 No 150 s 3(1) Section 111(1) amended 21 March 2017 section 55(1) Electoral Amendment Act 2017 Section 111(1) amended 1 July 2012 section 52(8) Electoral (Administration) Amendment Act 2011 Section 111(1) amended 1 July 2012 section 52(16)(e) Electoral (Administration) Amendment Act 2011 Section 111(1)(b) amended 21 March 2017 section 55(2) Electoral Amendment Act 2017 Section 111(2) amended 1 July 2012 section 52(16)(e) Electoral (Administration) Amendment Act 2011 Section 111(3) amended 1 July 2012 section 52(16)(e) Electoral (Administration) Amendment Act 2011 111A: Objectives of sections 111B to 111F The objectives of sections 111B to 111F a: to enable specified electoral information in relation to any Maori elector, with the consent of that Maori elector, to be used to facilitate the establishment and maintenance of accurate and comprehensive registers of iwi affiliations; and b: to ensure that registers of iwi affiliations are established and maintained by a body which— i: is accountable to the organisations to which it is authorised to supply information; and ii: is financially viable and well managed; and iii: manages information in compliance with the requirements of this Act and the Privacy Act 2020 iv: makes iwi affiliation information available to iwi organisations and other Maori organisations at a reasonable cost; and v: except as required for the purpose of establishing and maintaining the register or registers of iwi affiliations, does not create or maintain information on whakapapa; and c: to enable information from a register of iwi affiliations to be supplied to iwi organisations and other Maori organisations for the purposes of those organisations; and d: to leave unaffected— i: any right of an iwi organisation or other Maori organisation or court to determine whether any person claiming affiliation with the organisation is so affiliated; or ii: any right of a person to claim an affiliation with a particular iwi organisation or other Maori organisation or to approach the iwi organisation or other Maori organisation with which that person claims affiliation. Section 111A inserted 10 November 2003 section 35 Electoral Amendment Act 2002 Section 111A(b)(iii) amended 1 December 2020 section 217 Privacy Act 2020 111B: Interpretation of terms in sections 111C to 111F For the purposes of sections 111C to 111F designated body section 111E Maori elector the Electoral Commission register of iwi affiliations section 111C(2) Section 111B inserted 10 November 2003 section 35 Electoral Amendment Act 2002 Section 111B Maori elector amended 21 March 2017 section 56 Electoral Amendment Act 2017 111C: Electoral Commission 1: The Electoral Commission Electoral Commission 2: The particulars referred to in subsection (1) are— a: the elector’s name, including first names, surname, and preferred honorific (if any): b: the elector’s postal address , email address (if any), and contact telephone numbers (if any) c: the elector’s date of birth: d: any randomly generated number assigned to that elector by the Electoral Commission 3: The Electoral Commission a: whether the Maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and b: if the answer under paragraph (a) is in the affirmative,— i: to give his or her iwi affiliation information; and ii: if the elector wishes, to specify the iwi organisation or organisations or other Maori organisation or organisations to which the elector’s iwi affiliation information may be supplied by the designated body. 4: Despite subsections (1) and (3), the Electoral Commission Electoral Commission section 115 5: If the Electoral Commission Electoral Commission section 111D(4) section 111F(1) to (4) 6: If the Electoral Commission Electoral Commission 7: The Electoral Commission a: may hold iwi affiliation information obtained in response to a request under subsection (3) only for such time as is reasonable for the purpose of forwarding that information to the designated body; and b: must not retain any of that iwi affiliation information. Section 111C inserted 10 November 2003 section 35 Electoral Amendment Act 2002 Section 111C heading amended 1 July 2012 section 52(9) Electoral (Administration) Amendment Act 2011 Section 111C(1) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 Section 111C(2)(b) amended 17 August 2011 section 12 Electoral (Administration) Amendment Act 2011 Section 111C(2)(d) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 Section 111C(3) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 Section 111C(4) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 Section 111C(5) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 Section 111C(6) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 Section 111C(7) amended 1 July 2012 section 52(18)(a) Electoral (Administration) Amendment Act 2011 111D: Electoral Commission 1: The Electoral Commission a: the Electoral Commission section 111C(1) b: the Electoral Commission section 111C(3) 2: The information referred to in subsection (1) is— a: the particulars of the elector described in section 111C(2) b: the elector’s iwi affiliation information; and c: if, under section 111C(3)(b)(ii) 3: The Electoral Commission 4: Information supplied under this section is supplied for the purpose of enabling the designated body to— a: establish and maintain a register or registers of iwi affiliations; and b: supply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111F 5: Except as required for the purpose described in subsection (4), the designated body must not use the information supplied to it under this section to create or maintain information on the whakapapa of any Maori elector. Section 111D inserted 10 November 2003 section 35 Electoral Amendment Act 2002 Section 111D heading amended 1 July 2012 section 52(9) Electoral (Administration) Amendment Act 2011 Section 111D(1) amended 1 July 2012 section 52(18)(b) Electoral (Administration) Amendment Act 2011 Section 111D(1)(a) amended 1 July 2012 section 52(18)(b) Electoral (Administration) Amendment Act 2011 Section 111D(1)(b) amended 1 July 2012 section 52(18)(b) Electoral (Administration) Amendment Act 2011 Section 111D(3) amended 1 July 2012 section 52(18)(b) Electoral (Administration) Amendment Act 2011 111E: Ministers of Justice and Maori Affairs may designate body to receive information 1: The Minister of Justice and the Minister of Maori Affairs may, by notice in the Gazette 2: The information referred to in subsection (1) is— a: information described in section 111C(2) b: information described in section 111C(3)(b) 3: The Minister of Justice and the Minister of Maori Affairs must not designate a person or body of persons under subsection (1) unless the Ministers are satisfied that— a: the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111F b: the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and c: the person’s or body of persons’ information management policies and practices are adequate to ensure compliance with this Act and the Privacy Act 2020 d: the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and e: the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c) 4: The Minister of Justice and the Minister of Maori Affairs may, at any time, by notice in the Gazette Section 111E inserted 10 November 2003 section 35 Electoral Amendment Act 2002 Section 111E(3)(c) amended 1 December 2020 section 217 Privacy Act 2020 111F: Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation 1: The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations— a: if the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii) b: in any other case, to any iwi organisation or organisations or other Maori organisation or organisations that the designated body is satisfied represents the iwi to which the Maori elector claims an affiliation. 2: If the designated body is satisfied that iwi affiliation information given by a Maori elector under section 111C(3)(b)(i) 3: If the designated body is satisfied that the name of an organisation or organisations specified by a Maori elector under section 111C(3)(b)(ii) 4: Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied. 5: Any fee charged by the designated body for the supply of information under this section must be a reasonable fee. Section 111F inserted 10 November 2003 section 35 Electoral Amendment Act 2002 112: Supply of information on age and Maori descent 1: Any person may, in the manner specified in subsection (3), request the Electoral Commission a: for the purposes of research conducted by that person on a topic that relates to a scientific matter,— i: a list of electors in a particular age group as defined in section 114(9) ii: a list of electors of Maori descent; or b: for the purposes of research being conducted by that person on a topic that relates to human health,— i: a list of electors whose birthdays fall within a period of 12 months; or ii: a list of electors of Maori descent ; or c: without limiting paragraph (a), for the purposes of research by that person that relates to elector participation in an election, a by-election, or a poll conducted under this Act or the Local Electoral Act 2001 i: a list of electors in a particular age group as defined in section 114(9) ii: a list of electors of Māori descent. 2: Every list supplied pursuant to a request under subsection (1) shall specify, in relation to each elector on that list, his or her name, postal address, residential address, occupation (if any), preferred honorific (if any), 3: Any request made under subsection (1) may seek information about electors appearing to be entitled to vote in— a: 1 or more named electoral districts; or b: all electoral districts; or c: 1 or more named regions or constituencies of a region; or d: 1 or more named territorial authority districts; or e: 1 or more named wards; or f: 1 or more named community board areas ; or g: 1 or more named local board areas;— but shall not include any request for a random sample of electors. 4: Every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form. 5: The Electoral Commission a: the person requesting the list pays the prescribed fee; and b: the person requesting the list supplies a statement that the list is required for research being conducted by that person on a topic which is specified in the statement and which relates to a scientific matter or to human health; and c: the statement supplied under paragraph (b) is signed by the chief executive of any department, organisation, or local authority to which the Official Information Act 1982 the Local Government Official Information and Meetings Act 1987 d: the person requesting the list states in a form to be provided by the Electoral Commission e: the Electoral Commission f: if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the Electoral Commission 1956 No 107 s 64BA; 1990 No 1 s 28(1) Section 112(1) amended 1 July 2012 section 52(18)(c) Electoral (Administration) Amendment Act 2011 Section 112(1)(a)(i) amended 17 August 2011 section 13 Electoral (Administration) Amendment Act 2011 Section 112(1)(b)(ii) amended 9 April 2019 section 16(1) Local Electoral Matters Act 2019 Section 112(1)(c) inserted 9 April 2019 section 16(2) Local Electoral Matters Act 2019 Section 112(2) amended 6 December 1995 section 32 Electoral Amendment Act (No 2) 1995 Section 112(3)(f) amended 9 April 2019 section 16(3) Local Electoral Matters Act 2019 Section 112(3)(g) inserted 9 April 2019 section 16(4) Local Electoral Matters Act 2019 Section 112(4) substituted 18 March 2002 section 36(1) Electoral Amendment Act 2002 Section 112(5) amended 1 July 2012 section 52(18)(c) Electoral (Administration) Amendment Act 2011 Section 112(5)(d) amended 1 July 2012 section 52(18)(c) Electoral (Administration) Amendment Act 2011 Section 112(5)(e) amended 1 July 2012 section 52(18)(c) Electoral (Administration) Amendment Act 2011 Section 112(5)(f) substituted 18 March 2002 section 36(2) Electoral Amendment Act 2002 Section 112(5)(f) amended 1 July 2012 section 52(18)(c) Electoral (Administration) Amendment Act 2011 112A: Provision of electoral information to Government Statistician 1: Nothing in this Act limits or prevents the provision of any of the following information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022 a: a list of electors in a particular age group as defined in section 114(9) b: a list of electors of Māori descent: c: a list of electors whose birthdays fall within a period of 12 months: d: a list of electors as at a date specified by the Statistician: e: a list of electors on the dormant roll: f: in relation to each elector on a list described in paragraphs (a) to (e), the elector’s name, date of birth, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock: g: information about any elector appearing to be entitled to vote in— i: 1 or more named electoral districts; or ii: all electoral districts; or iii: 1 or more named regions or constituencies of a region; or iv: 1 or more named territorial authority districts; or v: 1 or more named wards; or vi: 1 or more named community board areas; or vii: 1 or more named local board areas: h: any other information that the Electoral Commission agrees to provide to the Government Statistician for the production of official statistics or research. 2: Despite subsection (1), the Electoral Commission must not provide to the Government Statistician information that is subject to a direction under section 115(1) Section 112A inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 113: Supply of computer-compiled lists and electronic storage media to local authorities 1: Subject to this section, if an electoral official of a local authority (as defined in section 5 Electoral Commission 2: For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors. 3: The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267 4: Any electronic storage medium supplied by the Electoral Commission Electoral Commission 5: Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission 6: If an electoral official electoral official electoral official Electoral Commission section 267 7: 8: Regulations made under section 267 a: fees for the supply of an electronic storage medium by the Electoral Commission b: fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply. 9: If an electoral official of a local authority (as defined in section 5 Electoral Commission 9A: Any electoral official (as defined in section 5 Electoral Commission electronic storage medium Electoral Commission is a: the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services b: the body has in place procedures for the democratic conduct of its elections; and c: it is in the public interest that the election be conducted by a local authority. 9B: Nothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election. 9C: Where any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission electronic storage medium 9D: The Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that— a: the body has in place procedures for the democratic conduct of its elections; and b: it is in the public interest that the elections are conducted using the specified information. 10: For the purposes of this section, the term specified information an electoral officer or electoral official a: the elector’s name, including first names, surname, and preferred honorific (if any): b: the elector’s residential address and postal address (if different): c: the elector’s occupation (if any): d: the elector’s electoral district (whether Maori or General): e: statistical meshblock details: f: a description of each— i: region or constituency of a region; or ii: territorial authority district; or iii: ward; or iv: community board area; or iva: local board area; or v: other local authority and, where appropriate, local authority subdivision,— in respect of which the elector appears to be entitled to vote. 11: However, if a local authority has resolved to adopt, for an election, a by-election, or a poll, a voting method to which section 141(3) a: the electoral official of the local authority is also entitled to obtain the elector’s date of birth under subsection (1); and b: for that purpose, subsections (1) to (5) apply as if the date of birth of an elector described in subsection (10) were also specified information. 1956 No 107 s 64A; 1989 No 31 s 4(1); 1990 No 1 s 27 Section 113 heading substituted 18 March 2002 section 37(1) Electoral Amendment Act 2002 Section 113(1) substituted 25 December 2002 section 52 Local Electoral Amendment Act 2002 Section 113(1) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(4) substituted 18 March 2002 section 37(3) Electoral Amendment Act 2002 Section 113(4) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(5) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(6) substituted 1 July 2001 section 151 Local Electoral Act 2001 Section 113(6) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(6) amended 25 December 2002 section 52 Local Electoral Amendment Act 2002 Section 113(7) repealed 18 March 2002 section 37(4) Electoral Amendment Act 2002 Section 113(8) substituted 18 March 2002 section 37(5) Electoral Amendment Act 2002 Section 113(8)(a) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(9) substituted 1 July 2001 section 151 Local Electoral Act 2001 Section 113(9) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(9) amended 25 December 2002 section 52 Local Electoral Amendment Act 2002 Section 113(9A) inserted 6 December 1995 section 33(1) Electoral Amendment Act (No 2) 1995 Section 113(9A) amended 1 July 2012 section 52(10) Electoral (Administration) Amendment Act 2011 Section 113(9A) amended 1 July 2012 section 52(16)(f) Electoral (Administration) Amendment Act 2011 Section 113(9A) amended 25 December 2002 section 52 Local Electoral Amendment Act 2002 Section 113(9A) amended 18 March 2002 section 37(6) Electoral Amendment Act 2002 Section 113(9A) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 113(9A)(a) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 113(9B) inserted 6 December 1995 section 33(1) Electoral Amendment Act (No 2) 1995 Section 113(9C) inserted 6 December 1995 section 33(1) Electoral Amendment Act (No 2) 1995 Section 113(9C) amended 1 July 2012 section 52(18)(d) Electoral (Administration) Amendment Act 2011 Section 113(9C) amended 18 March 2002 section 37(6) Electoral Amendment Act 2002 Section 113(9D) inserted 6 December 1995 section 33(1) Electoral Amendment Act (No 2) 1995 Section 113(10) substituted 6 December 1995 section 33(2) Electoral Amendment Act (No 2) 1995 Section 113(10) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 113(10)(f)(iva) inserted 9 April 2019 section 17(1) Local Electoral Matters Act 2019 Section 113(11) inserted 9 April 2019 section 17(2) Local Electoral Matters Act 2019 114: Supply of electoral information to candidates, political parties, and members of Parliament 1: The Electoral Commission a: the information described in subsection (3); and b: if the person so requests, the information described in subsection (4). 2: The persons referred to in subsection (1) are— a: any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party: b: any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party in connection with any local authority elections: c: a member of Parliament or person acting on behalf of a member of Parliament who wishes to obtain the information for the purposes of the member of Parliament: d: e: any other person charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand and relating to electoral matters or the conduct of any general election or by-election. 3: The information referred to in subsection (1)(a) is— a: the names, residential addresses, occupations (if any), preferred honorifics (if any), meshblock, and postal addresses of, and any randomly generated number assigned by the Electoral Commission i: the electors of an electoral district: ii: the persons whose names are on the dormant roll for an electoral district: iii: the electors of an electoral district who were registered as electors for that district on or after the date fixed for the closing of the main roll for the district pursuant to section 104 iv: the electors of an electoral district whose names have been removed from the electoral roll for that district on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing; and b: if the person to whom the information is being supplied is one described in subsection (2)(b), the electors of a local authority district or subdivision of a local authority district. 4: The information referred to in subsection (1)(b) is,— a: whether the elector is of Maori descent; or b: a list of electors of Maori descent; or c: the age group within which the elector appears; or d: a list of electors in a particular age group; or e: any or all of the above. 5: Information supplied by the Electoral Commission a: in the form of a computer-compiled list; or b: in electronic form, including by the giving of remote access to the information by electronic means. 6: A request for information from a person described in subsection (2)(a), (b), or (c) must,— a: if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and b: be accompanied by the prescribed fee; and c: be accompanied by a statement, on a form to be provided by the Electoral Commission 7: A request for information from a person described in subsection (2)(d) or (e) must, if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information. 8: Regulations made under section 267 Electoral Commission 9: For the purposes of this section and section 112(1)(a) age group decade Section 114 substituted 18 March 2002 section 38 Electoral Amendment Act 2002 Section 114(1) amended 1 July 2012 section 52(17)(r) Electoral (Administration) Amendment Act 2011 Section 114(2)(d) repealed 1 July 2012 section 52(11) Electoral (Administration) Amendment Act 2011 Section 114(3)(a) amended 1 July 2012 section 52(17)(r) Electoral (Administration) Amendment Act 2011 Section 114(5) amended 1 July 2012 section 52(17)(r) Electoral (Administration) Amendment Act 2011 Section 114(6)(c) amended 1 July 2012 section 52(17)(r) Electoral (Administration) Amendment Act 2011 Section 114(8) amended 1 July 2012 section 52(17)(r) Electoral (Administration) Amendment Act 2011 114A: General provision concerning supply of information by Electoral Commission If the Electoral Commission Electoral Commission Electoral Commission Section 114A inserted 18 March 2002 section 39 Electoral Amendment Act 2002 Section 114A heading amended 1 July 2012 section 52(12) Electoral (Administration) Amendment Act 2011 Section 114A amended 1 July 2012 section 52(18)(e) Electoral (Administration) Amendment Act 2011 115: Unpublished names 1: Notwithstanding sections 101 104 105 107 108 110(3)(c) and (d) Electoral Commission Electoral Commission a: the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and b: the name and particulars of that person shall not be available for inspection under section 110(3)(c) c: the application for registration of that person shall not be available for inspection under section 110(3)(d) 2: Without limiting the discretion conferred on the Electoral Commission the Electoral Commission a: a protection order that is in force under the Family Violence Act 2018 aa: a restraining order that is in force under the Harassment Act 1997 b: a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,— exercise in respect of that person’s name, and without further evidence or inquiry, the power conferred on the Electoral Commission 1956 No 107 s 62A; 1980 No 29 s 27 Section 115(1) amended 1 July 2012 section 52(18)(f) Electoral (Administration) Amendment Act 2011 Section 115(2) amended 1 July 2012 section 52(13) Electoral (Administration) Amendment Act 2011 Section 115(2) amended 1 July 2012 section 52(18)(f) Electoral (Administration) Amendment Act 2011 Section 115(2)(a) substituted 1 July 1996 section 132 Domestic Violence Act 1995 Section 115(2)(a) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 115(2)(aa) inserted 1 January 1998 section 45 Harassment Act 1997 Section 115(2)(b) substituted 17 August 2011 section 15 Electoral (Administration) Amendment Act 2011 Offences 116: Offences relating to use of electoral information 1: Every person commits an offence who knowingly and wilfully supplies, receives, or uses information supplied in electronic form, or derived from information supplied in electronic form, under section 112 113 114 2: Every person who commits an offence against this section is liable on a: in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or b: in any other case, to a fine not exceeding $10,000. 1956 No 107 s 64BB; 1990 No 1 s 28(1) Section 116(1) substituted 18 March 2002 section 40 Electoral Amendment Act 2002 Section 116(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 117: Offences in respect of manipulating or processing electoral information 1: Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 section 113 section 114 2: It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 a: the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and b: the information, in its different form, is used only for purposes authorised by the provision under which it was obtained. 3: It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 4: Every person who commits a breach of subsection (1) is liable on 5: Every person commits an offence who— a: uses for any purpose; or b: supplies to any person— any information the production of which contravenes subsection (1). 6: Every person who commits a breach of subsection (5) is liable on a: where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or b: where the use or supply was for any other purpose, to a fine not exceeding $10,000. 1956 No 107 s 64BC; 1990 No 1 s 28(1) Section 117(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 17(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 117A: Offence relating to misuse of electoral information supplied under section 111D 1: Every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111C(2) Electoral Commission section 111D section 111D(4) or section 111F(4) 2: Every person who commits an offence against this section is liable on a: in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or b: in any other case, to a fine not exceeding $10,000. Section 117A inserted 10 November 2003 section 41 Electoral Amendment Act 2002 Section 117A(1) amended 1 July 2012 section 52(17)(s) Electoral (Administration) Amendment Act 2011 Section 117A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 118: False statements Every person who knowingly and wilfully makes a false statement in any application, certificate, or information supplied for the purposes of this Part is liable on conviction to— a: a term of imprisonment not exceeding 3 months; or b: a fine not exceeding $2,000. Section 118 replaced 25 March 2014 section 45 Electoral Amendment Act 2014 119: Wilfully misleading Electoral Commission Every person shall for each offence be liable on a: wilfully misleads the Electoral Commission b: signs the name of any person, whether requested to do so or not, or any false or fictitious name to any form of application or objection for the purposes of this Part either as applicant, objector, or witness: c: signs his or her name as witness to any signature upon any such form of application or objection without either seeing the signature written or hearing the person signing declare that the signature is in his or her own handwriting and that the name so signed is his or her own proper name. 1956 No 107 s 67(1); 1980 No 29 s 5(7); 1990 No 1 s 32(1) Section 119 heading amended 21 March 2017 section 57(1) Electoral Amendment Act 2017 Section 119 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 119(a) amended 21 March 2017 section 57(2) Electoral Amendment Act 2017 120: Duty to report suspected offences Where the Electoral Commission section 119 it must New Zealand Police 1956 No 107 s 67(2); 1983 No 104 s 15 Section 120 amended 21 March 2017 section 58(a) Electoral Amendment Act 2017 Section 120 amended 21 March 2017 section 58(b) Electoral Amendment Act 2017 Section 120 amended 17 August 2011 section 16 Electoral (Administration) Amendment Act 2011 121: Failure to deliver application Every person shall be liable on Electoral Commission 1956 No 107 s 68; 1980 No 29 s 5(7); 1990 No 1 s 33(1) Section 121 amended 21 March 2017 section 59 Electoral Amendment Act 2017 Section 121 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions 122: Assistance to be given to Electoral Commission 1: All constables— a: must, at the Electoral Commission’s request, assist the Electoral Commission by informing it b: must give the Electoral Commission Electoral Commission 2: All constables must also assist the Electoral Commission 1956 No 107 s 51; 1980 No 29 s 5(7) Section 122 heading amended 21 March 2017 section 60(1) Electoral Amendment Act 2017 Section 122(1) substituted 17 August 2011 section 17 Electoral (Administration) Amendment Act 2011 Section 122(1)(a) amended 21 March 2017 section 60(2) Electoral Amendment Act 2017 Section 122(1)(b) amended 21 March 2017 section 60(3) Electoral Amendment Act 2017 Section 122(2) substituted 17 August 2011 section 17 Electoral (Administration) Amendment Act 2011 Section 122(2) amended 21 March 2017 section 60(4) Electoral Amendment Act 2017 123: Copies of rolls, etc, for Returning Officer 1: The Electoral Commission— a: must supply to the Returning Officer for an electoral district— i: as many copies as the Returning Officer may require of the main roll and supplementary rolls for the district and any other district; and ii: a copy of the list of post-writ day deletions referred to in section 98(5) b: may supply to the Returning Officer for an electoral district any other information that the Electoral Commission holds that may assist with the identification of electors. 2: Despite sections 105 to 107 110 Section 123 replaced 11 March 2020 section 10 Electoral Amendment Act 2020 124: Power to destroy records 1: Subject to subsection (3), the Electoral Commission a: the Electoral Commission b: 2 general elections have taken place since the records were made. 2: The records referred to in subsection (1) are records held by the Electoral Commission a: applications for registration as electors; and b: forms returned following an inquiry under section 89D c: records forming part of the dormant roll maintained under section 109(1) 3: Nothing in this section authorises any person to destroy any records if he or she has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired. 4: Despite subsections (1) to (3), the Electoral Commission Electoral Commission Electoral Commission 5: A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy. Section 124 substituted 18 March 2002 section 43 Electoral Amendment Act 2002 Section 124(1) amended 21 March 2017 section 62 Electoral Amendment Act 2017 Section 124(1)(a) amended 21 March 2017 section 62 Electoral Amendment Act 2017 Section 124(2) amended 21 March 2017 section 62 Electoral Amendment Act 2017 Section 124(2)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 124(4) added 17 August 2011 section 18 Electoral (Administration) Amendment Act 2011 Section 124(4) amended 21 March 2017 section 62 Electoral Amendment Act 2017 Section 124(5) added 17 August 2011 section 18 Electoral (Administration) Amendment Act 2011 6: Elections General elections 125: Writ for general election Whenever Parliament is dissolved or expires, the Governor-General must, not later than 7 days after the dissolution or expiration, issue a writ in form 3 Electoral Commission Electoral Commission Section 125 substituted 28 February 2002 section 44 Electoral Amendment Act 2002 Section 125 amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 126: Writs for general election Section 126 repealed 28 February 2002 section 44 Electoral Amendment Act 2002 127: Election of list candidates 1: At any general election any secretary of a political party that is registered under Part 4 Electoral Commission 2: The list must— a: list candidates in order of the party’s preference, commencing with the first in order of preference and ending with the last; and b: set out the contact details of each candidate; and c: contain a declaration made by the secretary, in the manner provided by section 9 i: that each candidate is qualified to be a candidate and to be elected; and ii: whether the party is a party in respect of which there are 1 or more component parties; and iii: if the party has 1 or more component parties, the name of each component party; and d: be in a form that the Electoral Commission has approved. 3: Every list submitted under this section a: must be submitted to the Electoral Commission the day before nomination day b: may be submitted by hand, post, or electronically 3A: 4: The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,— a: a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate's consent to the nomination; and b: any statutory declaration made by the candidate received under section 49(4)(b) 5: 6: The Electoral Commission Electoral Commission 7: Where a list under this section is submitted by a political party that has a logo registered under section 71F a: on the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and b: on the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper. 8: Every logo submitted under this section— a: must be submitted to the Electoral Commission b: may be submitted by hand, post, or electronically Section 127(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 127(2) replaced 21 March 2017 section 63(1) Electoral Amendment Act 2017 Section 127(3) substituted 28 February 2002 section 45(1) Electoral Amendment Act 2002 Section 127(3) amended 21 March 2017 section 63(2) Electoral Amendment Act 2017 Section 127(3)(a) amended 21 March 2017 section 63(3) Electoral Amendment Act 2017 Section 127(3)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 127(3)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 127(3A) repealed 21 March 2017 section 63(4) Electoral Amendment Act 2017 Section 127(4) substituted 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 Section 127(5) repealed 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 Section 127(6) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 127(7) added 6 December 1995 section 35(2) Electoral Amendment Act (No 2) 1995 Section 127(7) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 127(8) substituted 28 February 2002 section 45(3) Electoral Amendment Act 2002 Section 127(8)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 127(8)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 127A: Deposit by party secretary 1: If a secretary of a political party submits a list under section 127 pay to Electoral Commission the day before 2: The deposit must be paid by direct credit to a bank account nominated by the Electoral Commission. 3: The deposit is forfeit and must be paid into a Crown Bank Account if the party neither— a: receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor b: wins a constituency seat. 4: In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received— a: a duly completed return under section 206I b: the auditor’s report obtained under section 206L 5: For the purposes of subsection (3)(b), a party wins a constituency seat if— a: a constituency candidate for that party has his or her name endorsed on the writ under section 185 b: a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission sections 127(3A) 128A section 185 Section 127A inserted 28 February 2002 section 46 Electoral Amendment Act 2002 Section 127A(1) amended 21 March 2017 section 64 Electoral Amendment Act 2017 Section 127A(1) amended 5 December 2013 section 4(1) Electoral Amendment Act 2013 Section 127A(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 127A(2) replaced 1 January 2023 section 31 Electoral Amendment Act 2022 Section 127A(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 127A(4)(a) amended 1 March 2009 section 14 Electoral Amendment Act 2009 Section 127A(4)(b) amended 1 March 2009 section 14 Electoral Amendment Act 2009 Section 127A(4)(b) amended 20 December 2007 section 14(2) Electoral Amendment Act 2007 Section 127A(5)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 128: Acceptance or rejection of lists by Electoral Commission 1: The Electoral Commission section 127 a: if the list is not submitted by a political party registered under Part 4 b: if the list is not lodged with the Electoral Commission the day before c: if the list does not contain the name of at least 1 candidate; or d: if the list does not contain the declaration required by section 127(2)(c) da: e: if the deposit required by section 127A the day before 2: Where— a: any person named as a candidate on a list submitted under section 127 b: the consent of any person named as a candidate on a list submitted under section 127 Electoral Commission the day before the Electoral Commission 3: If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply. Section 128 heading amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 128(1) substituted 28 February 2002 section 47 Electoral Amendment Act 2002 Section 128(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 128(1)(b) amended 21 March 2017 section 65(1) Electoral Amendment Act 2017 Section 128(1)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 128(1)(d) replaced 1 January 2023 section 32 Electoral Amendment Act 2022 Section 128(1)(da) repealed 1 March 2009 section 14 Electoral Amendment Act 2009 Section 128(1)(e) amended 21 March 2017 section 65(2) Electoral Amendment Act 2017 Section 128(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 128(2)(b) amended 21 March 2017 section 65(3) Electoral Amendment Act 2017 Section 128(2)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 128A: Notice of change in component parties 1: Where the list of any political party has been accepted by the Electoral Commission section 127(6) Electoral Commission section 9 2: Every change to which subsection (1) applies shall be notified under that subsection as soon as practicable after the time at which the change occurs. Section 128A inserted 6 December 1995 section 37 Electoral Amendment Act (No 2) 1995 Section 128A(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 128B: Electoral Commission must record and notify change in component parties If the component parties of a political party listed in the copy of any declaration received by the Electoral Commission under section 127(3A) section 62(2) a: must amend the Register so that the component parties recorded in the Register are the same as those recorded in the declaration made to the Electoral Commission; and b: must, immediately after amending the Register under paragraph (a), publish in the Gazette Section 128B substituted 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 128C: Withdrawal of list of candidates 1: A secretary of a political party may, by giving signed notice, withdraw a list of candidates submitted under section 127 1A: The notice must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 2: No withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with the Electoral Commission writ 2A: If a list of candidates is withdrawn under subsection (1), the deposit paid under section 127A section 127 3: Where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127 Section 128C inserted 6 December 1995 section 37 Electoral Amendment Act (No 2) 1995 Section 128C(1) replaced 21 March 2017 section 66 Electoral Amendment Act 2017 Section 128C(1A) inserted 21 March 2017 section 66 Electoral Amendment Act 2017 Section 128C(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 128C(2) amended 28 February 2002 section 48(1) Electoral Amendment Act 2002 Section 128C(2A) inserted 28 February 2002 section 48(2) Electoral Amendment Act 2002 By-elections for vacancies in seats of members representing electoral districts 129: By-elections for members representing electoral districts 1: If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette 2: The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission form 6 Electoral Commission 3: In any case in which it appears to the Governor-General to be necessary for special reasons, the Governor-General may, by Order in Council, authorise the postponement of the issue of a writ for a by-election until a day stated in the Order in Council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1). 4: This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election. 5: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 129 substituted 28 February 2002 section 49 Electoral Amendment Act 2002 Section 129(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 129(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 130: When Governor-General to act for Speaker Section 130 repealed 28 February 2002 section 49 Electoral Amendment Act 2002 131: Power to resolve in certain cases that by-election not be held Notwithstanding anything in section 129 a: the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a writ not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or b: following the presentation to 1956 No 107 s 73A; 1990 No 1 s 35 Section 131(b) amended 17 August 2011 section 19 Electoral (Administration) Amendment Act 2011 132: Writ for by-election Section 132 repealed 28 February 2002 section 50 Electoral Amendment Act 2002 133: No writ to issue pending election petition If after a petition has been presented against the return of any member representing an electoral district his or her seat becomes vacant on any of the grounds mentioned in section 55 or 55A 1956 No 107 s 75 Section 133 amended 4 October 2018 section 6 Electoral (Integrity) Amendment Act 2018 Filling of vacancies in other seats 134: Supply of vacancy of seat of member elected from party list 1: If the Speaker is satisfied that the seat of a member elected as a consequence of inclusion of the member’s name on a list submitted under section 127 Gazette 2: The Governor-General must, as soon as practicable after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission form 7 Electoral Commission 3: This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election. Section 134 substituted 28 February 2002 section 51 Electoral Amendment Act 2002 Section 134(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 135: When Governor-General to act for Speaker Section 135 repealed 28 February 2002 section 51 Electoral Amendment Act 2002 136: Power to resolve in certain cases not to supply vacancy Notwithstanding anything in section 134 Electoral Commission a: the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a direction not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or b: following the presentation to 1956 No 107 s 73A; 1990 No 1 s 35 Section 136 amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 136(b) amended 17 August 2011 section 20 Electoral (Administration) Amendment Act 2011 137: Method of supplying vacancy 1: On receipt of any direction under section 134 Electoral Commission must 2: The Electoral Commission must 3: If that candidate is still alive, the Electoral Commission must 4: If that candidate is still alive and remains a member of that political party, the Electoral Commission must Electoral Commission must by notifying the person’s election in the Gazette 5: If that person has died or is no longer a member of the political party or does not signify his or her willingness to be a member of Parliament, the Electoral Commission must Electoral Commission must by notifying the person’s election in the Gazette 6: If— a: no candidate signifies his or her willingness to be a member of Parliament; or b: there is no candidate lower in the order of preference on the party list than the member of Parliament whose seat has been declared vacant,— the vacancy shall not be filled until the next general election. 7: Whenever subsection (6) applies, the Electoral Commission Gazette Section 137 substituted 6 December 1995 section 38 Electoral Amendment Act (No 2) 1995 Section 137(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 137(1) amended 28 February 2002 section 52(1) Electoral Amendment Act 2002 Section 137(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 137(3) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 137(4) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 137(4) amended 28 February 2002 section 52(2) Electoral Amendment Act 2002 Section 137(5) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 137(5) amended 28 February 2002 section 52(2) Electoral Amendment Act 2002 Section 137(7) added 28 February 2002 section 52(3) Electoral Amendment Act 2002 Section 137(7) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 138: Filing of return Where any vacancy is filled under section 137 Electoral Commission Electoral Commission a: in any case where the vacancy can be filled, the name of the person declared to be elected and the date of the return; or b: in any case where the vacancy cannot be filled, the fact that the vacancy cannot be filled and the date of the return. Section 138 amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Issue of writ Heading amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 139: Contents of writ 1: In every writ for a general election or a by-election a: the latest day for the nomination of constituency candidates; and b: a day for the polling to take place if a poll is required, being a Saturday; and c: the latest day for the return of the writ. 2: Polling day must not be earlier than the 20th day after nomination day. 3: 4: The latest day for the return of the writ (other than a writ issued under section 153E(2) 60th 5: The latest day for the return of a writ issued under section 153E(2) 1956 No 107 s 76; 1975 No 28 s 30; 1985 No 149 s 18 Section 139(1) amended 28 February 2002 section 53(1) Electoral Amendment Act 2002 Section 139(2) replaced 11 March 2020 section 11(1) Electoral Amendment Act 2020 Section 139(3) repealed 28 February 2002 section 53(2) Electoral Amendment Act 2002 Section 139(4) amended 11 March 2020 section 11(2) Electoral Amendment Act 2020 Section 139(4) amended 28 February 2002 section 53(3) Electoral Amendment Act 2002 Section 139(5) amended 28 February 2002 section 53(3) Electoral Amendment Act 2002 140: Chief Registrar to be notified of writ Section 140 repealed 1 July 2012 section 50 Electoral (Administration) Amendment Act 2011 141: Returning Officer to be notified of writ Section 141 repealed 21 March 2017 section 67 Electoral Amendment Act 2017 142: Electoral Commission 1: Immediately after receiving a writ requiring an election to be held in a district, the Electoral Commission a: the polling day appointed in the writ: b: the nomination day appointed in the writ: c: the requirements for submitting nominations of candidates. 2: Section 142 substituted 28 February 2002 section 54 Electoral Amendment Act 2002 Section 142 heading amended 21 March 2017 section 68(1) Electoral Amendment Act 2017 Section 142(1) amended 21 March 2017 section 68(2) Electoral Amendment Act 2017 Section 142(2) repealed 21 March 2017 section 68(3) Electoral Amendment Act 2017 Nominations 143: Nominations of candidates for electoral districts 1: Any person qualified under this Act may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the Electoral Commission 2: A person's consent to nomination— a: must, unless subsection (3) applies, be given in writing or electronically; but b: need not be given at the time the nomination paper is lodged. 3: Where any person is for the time being outside New Zealand, his or her consent, for the purposes of subsection (2), may be signified to the Returning Officer in any manner approved by the Electoral Commission 3A: 4: Every nomination paper and every consent and every logo submitted under subsection (3A) for inclusion on the ballot paper shall be lodged with or given to the Returning Officer for the district not later than noon on nomination day. The Returning Officer shall give a receipt in writing for every nomination accepted by him or her. 5: Each constituency candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the Returning Officer, is sufficient to identify the constituency candidate. 6: Every constituency candidate shall ensure that the name or names shown on the nomination paper as the name or names to be used on the ballot paper are short enough to fit on the ballot paper. 7: No elector may nominate more than 1 constituency candidate. 8: Any registered elector of the district may inspect any nomination paper or consent at the Returning Officer’s office without payment at any time when the office is open for the transaction of business. 1956 No 107 s 80(1)–(6); 1990 No 1 s 38 Section 143(1) substituted 28 February 2002 section 55(1) Electoral Amendment Act 2002 Section 143(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 143(2) replaced 25 March 2014 section 45 Electoral Amendment Act 2014 Section 143(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 143(3A) repealed 21 March 2017 section 69 Electoral Amendment Act 2017 Section 143(4) substituted 6 December 1995 section 39(2) Electoral Amendment Act (No 2) 1995 144: Deposit by candidate 1: Every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the Returning Officer the sum of $300 not later than noon on nomination day. 2: The deposit must be paid— a: in cash; or b: by direct credit to a bank account nominated by the Electoral Commission. 3: The deposit of an unsuccessful candidate is forfeit and must be paid into a Crown Bank Account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district. 4: In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Electoral Commission from that candidate duly completed returns under sections 205K 209 1956 No 107 s 81; 1990 No 1 s 39(1) Section 144(2) replaced 1 January 2023 section 33 Electoral Amendment Act 2022 Section 144(3) substituted 28 February 2002 section 56 Electoral Amendment Act 2002 Section 144(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 144(4) added 28 February 2002 section 56 Electoral Amendment Act 2002 Section 144(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 144(4) amended 1 March 2009 section 14 Electoral Amendment Act 2009 Section 144(4) amended 20 December 2007 section 16 Electoral Amendment Act 2007 145: Acceptance or rejection of nomination 1: Subject to the concurrence of the Electoral Commission, the a: if the nomination paper and the consent of the candidate are not lodged with the Returning Officer not later than noon on nomination day; or b: if the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 c: if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or ca: d: if the required deposit is not paid as required by this Act. 2: Subject to the concurrence of the Electoral Commission a: the name under which the candidate’s birth was registered, with any alteration or addition made to it under section 67 b: in the case of a person who has been adopted, the name conferred on that person by the adoption order; or c: the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer; or d: the name which was adopted by the candidate through a name change registered under section 71 3: Despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the Returning Officer would be required to reject his or her nomination under the provisions of that subsection. 4: 5: Notwithstanding anything in subsection (2), the Returning Officer may, with the concurrence of the Electoral Commission 6: In every other case the Returning Officer shall accept the nomination. 7: Nothing in subsection (6) limits the jurisdiction of the court hearing an election petition. 1956 No 107 s 82; 1983 No 104 s 16(1) Section 145(1) amended 21 March 2017 section 71 Electoral Amendment Act 2017 Section 145(1)(ca) repealed 1 March 2009 section 14 Electoral Amendment Act 2009 Section 145(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 145(2)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 145(2)(a) amended 1 September 1995 section 96 Births, Deaths, and Marriages Registration Act 1995 Section 145(2)(d) substituted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 145(2)(d) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 145(3) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 145(4) repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 145(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146: Withdrawal of nomination 1: A constituency candidate may, by giving signed notice, withdraw his or her nomination. 1A: The notice must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 2: No withdrawal of nomination shall have any effect unless it is lodged with the Returning Officer not later than noon on nomination day. 3: Where a candidate has duly withdrawn his or her nomination his or her deposit shall be returned to the person who paid it. 1956 No 107 s 83 Section 146(1) replaced 21 March 2017 section 72 Electoral Amendment Act 2017 Section 146(1A) inserted 21 March 2017 section 72 Electoral Amendment Act 2017 Bulk nomination of candidates by registered political parties Heading inserted 28 February 2002 section 57 Electoral Amendment Act 2002 146A: Purpose of sections 146B to 146L Sections 146B to 146L sections 143 to 146 Section 146A inserted 28 February 2002 section 57 Electoral Amendment Act 2002 146B: Notice of intention to lodge bulk nomination 1: If, at any general election, a political party that is registered under Part 4 Electoral Commission 2: A notification under subsection (1)— a: must be given not later than 1 working day after writ day for the general election; and b: must be on a form provided by the Electoral Commission c: may be given by hand, post, or electronically 3: The secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1) by notifying the withdrawal to the Electoral Commission 4: A withdrawal under subsection (3)— a: must be on a form provided by the Electoral Commission b: may be given by hand, post, or electronically Section 146B inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146B(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146B(2)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146B(2)(c) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146B(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146B(4)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146B(4)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 146C: Effect of notification of intention to lodge bulk nomination on nominations under section 143 1: If the secretary of a political party notifies the party’s intention to the Electoral Commission section 146B(1) a: the notification is withdrawn under section 146B(3) b: any bulk nomination schedule lodged by the secretary of that party is rejected under section 146G c: the secretary of that party withdraws, under section 146I i: an express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or ii: another bulk nomination schedule in accordance with section 146D 2: While a notification of a party’s intention under section 146B a: no Returning Officer may accept a nomination made under section 143 b: if a Returning Officer has already accepted a nomination made under section 143 section 146 Section 146C inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146C(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146D: Bulk nomination of constituency candidates 1: At any general election, the secretary of a political party that is registered under Part 4 2: The secretary of a party may nominate its candidates under this section by lodging, with the Electoral Commission Electoral Commission 3: A bulk nomination schedule— a: may be lodged by hand, post, or electronically b: must be lodged with the Electoral Commission 4: The Electoral Commission the Electoral Commission Section 146D inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146D(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146D(3)(a) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146D(3)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146D(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146D(4) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 146E: Bulk nomination schedule 1: The following requirements apply in relation to a bulk nomination schedule: a: the schedule must specify the electoral districts for which candidates are nominated in the schedule: b: the schedule must state, in relation to each such electoral district,— i: the full name of the constituency candidate; and ii: if the candidate’s full name is not to be used on the ballot paper, the name or names to be used, which must be short enough to fit on the ballot paper. 2: Every bulk nomination schedule must contain a declaration, made by the secretary of the party in the manner provided by section 9 3: The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,— a: a statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate's consent to the nomination; and b: any statutory declaration made by the constituency candidate received under section 49(4)(b) 4: If the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 71F section 127 Electoral Commission section 150(13) 5: Every logo lodged under subsection (4)— a: may be lodged by hand, post, or electronically b: must be lodged with the Electoral Commission Section 146E inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146E(3) substituted 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 Section 146E(4) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146E(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146E(5)(a) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146E(5)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146F: Deposit payable in respect of bulk nomination schedule 1: If a secretary of a party lodges a bulk nomination schedule under section 146D pay to Electoral Commission 2: The deposit must be paid in 1 lump sum by direct credit to a bank account nominated by the Electoral Commission. 3: If an unsuccessful constituency candidate nominated in a bulk nomination schedule receives in total less than 5% of the total number of votes received by constituency candidates in the district for which the unsuccessful candidate was nominated, the amount of the deposit paid under subsection (1) in respect of that unsuccessful candidate is forfeit and must be paid into a Crown Bank Account. 4: After deducting any amounts forfeit under subsection (3), the Electoral Commission Electoral Commission from every constituency candidate nominated in the bulk nomination schedule duly completed returns under sections 205K 209 Section 146F inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146F(1) amended 5 December 2013 section 5(1) Electoral Amendment Act 2013 Section 146F(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146F(2) replaced 1 January 2023 section 34 Electoral Amendment Act 2022 Section 146F(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 146F(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146F(4) amended 1 March 2009 section 14 Electoral Amendment Act 2009 Section 146F(4) amended 20 December 2007 section 18 Electoral Amendment Act 2007 146G: Acceptance or rejection of bulk nomination schedule or nomination of candidate 1: The Electoral Commission section 146D a: if the schedule is not lodged by the secretary of a political party registered under Part 4 b: if the intention to lodge the schedule has not been notified under section 146B c: if the schedule is not lodged with the Electoral Commission d: if the schedule does not contain the declaration required by section 146E(2) da: e: if the deposit required by section 146F(1) 2: The Electoral Commission section 145(2) section 143 3: The Electoral Commission a: the candidate is not qualified both to be a candidate and to be elected as a member of Parliament; or b: the written notice required by section 146E(3) Electoral Commission 4: In every other case the Electoral Commission 5: Subsection (4) does not limit the jurisdiction of the court hearing an election petition. Section 146G inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146G(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146G(1)(c) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146G(1)(da) repealed 1 March 2009 section 14 Electoral Amendment Act 2009 Section 146G(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146G(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146G(3)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146G(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146H: Amendment of bulk nomination schedule 1: If the secretary of a party lodges a bulk nomination schedule with the Electoral Commission Electoral Commission 2: Information may be provided under subsection (1) to the Electoral Commission electronically 3: If the Electoral Commission a: the Electoral Commission b: the Electoral Commission section 146G 4: This section does not authorise the secretary of a party to— a: substitute a different person as a candidate for election for an electoral district; or b: nominate a candidate for election for an electoral district for which no candidate was nominated in the schedule as originally lodged with the Electoral Commission Section 146H inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146H(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146H(2) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146H(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146H(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146H(3)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146H(3)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146H(4)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146I: Withdrawal of bulk nomination schedule 1: A secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146D 2: A bulk nomination schedule may be withdrawn under subsection (1) by notice, on a form provided by the Electoral Commission 3: The withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the Electoral Commission electronically 4: If the secretary of a party withdraws a bulk nomination schedule under subsection (1), any notification given by that party under section 146B(1) a: the form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or b: at the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146D 5: If a bulk nomination schedule is withdrawn under subsection (1), the party secretary may lodge another bulk nomination schedule in accordance with section 146D 6: If a bulk nomination schedule is withdrawn under subsection (1), the deposit paid under section 146F section 146D Section 146I inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146I(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146I(3) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146I(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146J: Withdrawal of nomination in bulk nomination schedule 1: A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K 1A: The notice must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 2: No withdrawal of nomination under subsection (1) has any effect unless it is lodged with the Electoral Commission 3: If a candidate for election for an electoral district withdraws his or her nomination under subsection (1), the amount of the deposit paid under section 146F(1) section 146K Section 146J: inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146J(1) replaced 21 March 2017 section 73 Electoral Amendment Act 2017 Section 146J(1A) inserted 21 March 2017 section 73 Electoral Amendment Act 2017 Section 146J(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146K: Replacement nomination if earlier nomination withdrawn or lapses 1: If a candidate for election for an electoral district withdraws his or her nomination under section 146J section 152 section 152A(3) a: written notice of the nomination must be lodged with the Electoral Commission electronically b: the requirements set out in subsections (1) to (3) of section 146E c: the secretary of the party must lodge with the Electoral Commission (in cash or in the form of direct credit to a bank account nominated by the Electoral Commission) section 146F(1) Electoral Commission 2: Sections 146F(3) and (4) 146G 146H Section 146K inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146K(1)(a) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 146K(1)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 146K(1)(c) amended 1 January 2023 section 35 Electoral Amendment Act 2022 Section 146K(1)(c) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 146L: Inspection of bulk nomination schedules and consents to nomination Any registered elector may inspect the following material at the Electoral Commission's a: any bulk nomination schedule lodged under this Act: b: any copy of a consent lodged with a bulk nomination schedule in accordance with section 146E(3) c: any information provided to the Electoral Commission section 146H d: any nomination lodged under section 146K Section 146L inserted 28 February 2002 section 57 Electoral Amendment Act 2002 Section 146L amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 146L(c) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Advertisements 147: Advertisement of nomination and polling places 1: After the close of nominations in any district, the Returning Officer must, as soon as practicable, forward to the Electoral Commission at Wellington the names of the constituency candidates who have been nominated under section 143 2: The Electoral Commission must immediately a: the names of the constituency candidates who have been nominated for each district in which a poll is required to be taken and who have not withdrawn their nominations; and b: the party affiliations (if any) of the candidates referred to in paragraph (a), and copies of the party logos (if any) submitted in accordance with section 146E(4) c: the names of the political parties that have submitted lists in accordance with section 127 d: the names of the candidates on the lists referred to in paragraph (c) or, where the names of more than 65 candidates are included on any such list, the first 65 of those names. 3: The Electoral Commission— a: must publish the nomination and polling place information on an Internet site administered by the Electoral Commission; and b: may also, by any other means it considers appropriate, provide registered electors for the district with the nomination and polling place information. 4: In this section, the nomination and polling place information a: the names of constituency candidates contesting the district and their party affiliations (if any); and b: the name of each political party that submitted a list in accordance with section 127 c: the polling places for the district; and d: the polling places in the district that have suitable access for persons who are physically disabled. 5: Section 147 substituted 6 December 1995 section 40 Electoral Amendment Act (No 2) 1995 Section 147(1) replaced 21 March 2017 section 74(1) Electoral Amendment Act 2017 Section 147(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 147(2)(b) amended 21 March 2017 section 74(2) Electoral Amendment Act 2017 Section 147(2)(b) amended 28 February 2002 section 58(b) Electoral Amendment Act 2002 Section 147(3) replaced 21 March 2017 section 74(3) Electoral Amendment Act 2017 Section 147(4) replaced 21 March 2017 section 74(3) Electoral Amendment Act 2017 Section 147(5) repealed 21 March 2017 section 74(3) Electoral Amendment Act 2017 Uncontested elections 148: Procedure where election not contested 1: If— a: only 1 constituency candidate is nominated in a district; or b: any constituency candidate who has been nominated duly withdraws his or her nomination and there remains only 1 constituency candidate,— the Electoral Commission section 179(2) 2: The name of the person so elected must be endorsed on the writ by an Electoral Commissioner on behalf of the Electoral Commission section 185 Section 148 substituted 28 February 2002 section 59 Electoral Amendment Act 2002 Section 148(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 148(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Elections 149: Poll to be taken A poll shall be taken by secret ballot at the several polling places of the district on polling day. 1956 No 107 s 86 150: Form of ballot papers 1: Subject to subsection (18), the ballot papers to be used at any election shall be in form 11 2: Forthwith after nomination day for an election, the Electoral Commission must 3: Subject to subsection (4), each ballot paper in form 11 4: If only 1 constituency candidate is nominated or if the withdrawal of 1 or more nominations results in a declaration under section 148 5: If more than 1 constituency candidate is nominated, and a sufficient number of constituency candidates do not withdraw their nominations so as to leave only 1 constituency candidate, the part of the ballot paper relating to the electorate vote shall contain a list of all the persons nominated as constituency candidates who have not withdrawn their nominations (which list shall be arranged in the manner prescribed by this section). 6: On the part of the ballot paper relating to the electorate vote— a: the names of the constituency candidates shall be arranged alphabetically in order of their surnames: b: the other names of each constituency candidate that are required to appear on the ballot paper shall follow the candidate’s surname: c: the surnames of the constituency candidates shall (except in the case of a special ballot paper that is not fully printed) be in large characters and bold type: d: the name of the political party of the constituency candidate, if any,— i: shall be shown immediately below the candidate’s name; and ii: shall be in characters that are smaller than those used for the surname of the constituency candidate; and iii: shall not be in bold type: e: such other matter (if any) as may be necessary to distinguish the names of the constituency candidates shall be shown. 7: A constituency candidate (other than an independent candidate) who seeks election shall not use the name of any political party that contested the last general election or any by-election held since the last general election unless that political party has endorsed that candidate as one of its candidates. 8: No constituency candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election but shall have the word INDEPENDENT 9: On the part of the ballot paper relating to the party vote the name of each political party that has submitted a list in accordance with section 127 section 128 10: The names of the political parties that, pursuant to subsection (9), are required to be shown on the part of the ballot paper that relates to the party vote, shall be arranged so that— a: where the name of any such political party is shown, immediately below the name of a constituency candidate whose name appears on the part of the ballot paper that relates to the electorate vote, the name of that political party shall be shown on the part of the ballot paper that relates to the party vote in a box that is aligned with the box that contains, on the part of the ballot paper that relates to the electorate vote, the name of that constituency candidate and the name of that political party; and b: where the names of any such political parties are not shown on the part of the ballot paper that relates to the electorate vote, the names of those political parties shall be shown in alphabetical order on the part of the ballot paper that relates to the party vote, with each such name being placed after the names of the political parties shown on that part of the ballot paper under paragraph (a) and in a box that is aligned with an empty box on the part of the ballot paper that relates to the electorate vote. 11: Subject to subsections (6)(e), (12)(b), and (13)(b), no other identification, such as an occupation, title, honour, or degree shall be included on the ballot paper in relation to any candidate’s name or political party. 12: On the part of the ballot paper that relates to the party vote,— a: a circle shall be shown on the ballot paper to the right of the name of each political party; and b: the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission 13: On the part of the ballot paper that relates to the electorate vote,— a: a circle shall be shown on the ballot paper to the left of each candidate’s name; and b: the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission section 127 in accordance with subsections (4) and (5) of section 146E 14: Every ballot paper shall have a counterfoil in form 13 15: There shall also be printed (in a form that is readable either with or without the aid of technology) a: on the ballot paper; and b: in the space provided in the counterfoil attached to the ballot paper,— a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive so that no 2 ballot papers for the district shall bear the same number. 16: Where any question arises concerning the order or manner in which the names of the constituency candidates or the names of the political parties are to be shown on the ballot paper, the Electoral Commission must 17: At any by-election no ballot paper shall contain more than 1 part and the provisions of subsections (3), (9), (10), and (12) shall not apply. 18: Every ballot paper used at a by-election shall be in form 12 19: Where the name or names given by a candidate as the name or names to be used on the ballot paper are too long to fit on the ballot paper, the Electoral Commission Section 150 substituted 6 December 1995 section 41 Electoral Amendment Act (No 2) 1995 Section 150(2) amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 Section 150(12)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 150(13)(b) amended 21 March 2017 section 75 Electoral Amendment Act 2017 Section 150(13)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 150(13)(b) amended 28 February 2002 section 60(1) Electoral Amendment Act 2002 Section 150(15) amended 28 February 2002 section 60(2) Electoral Amendment Act 2002 Section 150(16) amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 Section 150(19) amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 151: Name of political party for constituency candidates 1: Where a name is shown on a nomination paper, or other document on which a constituency candidate consents to his or her nomination, as the name of the constituency candidate’s political party, the Returning Officer may, if he or she considers it necessary, require the candidate to produce evidence sufficient to satisfy the Returning Officer of the candidate’s eligibility to claim that accreditation. 2: Subject to the concurrence of the Electoral Commission, where a: the Returning Officer shall, after consultation with the candidate, show on the ballot paper as the name of the candidate’s political party such name as the Returning Officer and the candidate agree upon in place of that shown on the nomination paper or other document; and b: if, on such consultation, the Returning Officer and the candidate cannot agree, or if consultation is not reasonably practicable, the Returning Officer shall not show any name on the ballot papers as the name of the candidate’s political party. 1956 No 107 s 87A; 1990 No 1 s 40(1) Section 151(2) amended 21 March 2017 section 76 Electoral Amendment Act 2017 Death or incapacity of candidate Heading substituted 28 February 2002 section 61 Electoral Amendment Act 2002 151A: Interpretation For the purposes of sections 152A to 153H incapacitated Electoral Commission a: if section 152A b: in any case, the candidate, if elected, would be unlikely to be capable of taking the Oath of Allegiance as a member of Parliament on the 61st Section 151A inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 151A amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 151A(b) amended 11 March 2020 section 12 Electoral Amendment Act 2020 152: Death before close of nominations 1: If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,— a: his or her nomination is to be treated in all respects as if it had not been made; and b: his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it. 2: Subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day. 3: If this subsection applies, then, once the Returning Officer is satisfied of the fact of death,— a: the time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and b: the Returning Officer must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations. 4: If subsection (3) applies, but the candidate was nominated in a bulk nomination schedule or in accordance with section 146K Electoral Commission Section 152 substituted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 152(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 152A: Incapacity of candidate before close of nominations 1: If a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination. 2: Section 152B section 152C 3: If the Returning Officer or, as the case requires, the Electoral Commission section 152C(3) a: the candidate’s nomination is to be treated in all respects as if it had not been made; and b: the candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it. 4: If the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then— a: the time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and b: the Returning Officer or, as the case requires, the Electoral Commission Section 152A inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 152A(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152A(4)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 152B: Procedural provisions relating to making of application under section 152A(1) 1: An application under section 152A(1) a: if the candidate was nominated under section 143 i: the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent: ii: the application must be made to the Returning Officer for the district: b: if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K i: the application must be made by the secretary of the party: ii: the application must be made to the Electoral Commission 2: The application must be made on a form provided by the Electoral Commission 3: The application must be accompanied by a certificate signed by a a: as to the candidate’s condition; and b: that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A 4: The application— a: must be submitted to the Returning Officer or, as the case requires, the Electoral Commission b: may be submitted by hand, post, or electronically Section 152B inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 152B(1)(b)(ii) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152B(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152B(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 152B(4)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152B(4)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 152C: How application under section 152A to be dealt with 1: On receiving an application made under section 152A(1) Electoral Commission 2: For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission the Returning Officer or Electoral Commission 3: If, before midnight on nomination day, the Returning Officer or Electoral Commission Electoral Commission 4: If the Returning Officer or Electoral Commission a: section 152A b: the application is to be treated as if it were an application under section 153G(1) 5: As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission Section 152C inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 152C(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152C(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152C(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 152C(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152C(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 152C(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 153: Death or incapacity of list candidate after submission of list 1: This section applies if a list candidate section 193(5) 2: If this section applies,— a: the poll must proceed; and b: the list must be treated subsequently as if the candidate’s name had never been included on that list. Section 153 substituted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153(1) amended 1 March 2009 section 14 Electoral Amendment Act 2009 153A: Death or incapacity of constituency candidate after close of nominations and before polling day 1: This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of nominations and before polling day. 2: If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,— a: in the case of a general election,— i: issue a notice cancelling the poll for the election of a member of Parliament for the district; and ii: proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and b: in the case of a by-election, issue a notice cancelling the poll; and c: report to the Electoral Commission i: the issue and the date of the notice, under paragraph (a) or paragraph (b), cancelling the poll; and ii: whether the poll was cancelled because of the candidate’s death or because of the candidate’s incapacity; and iii: the date of the candidate’s death, if applicable; and iv: if the candidate’s incapacity was determined, under section 153H 3: Immediately after the Electoral Commission receives an Electoral Commissioner must, on behalf of the Electoral Commission, a: the name of the candidate whose death or whose incapacity resulted in the cancellation of the poll for the election of a member of Parliament for the district concerned; and b: the date of the notice by which the poll was cancelled; and c: the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. Section 153A inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153A(2)(c) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153A(3) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 153B: Death or incapacity of constituency candidate on polling day 1: This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll. 2: If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,— a: in the case of a general election,— i: immediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and ii: proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and b: in the case of a by-election, immediately close the poll; and c: report to the Electoral Commission i: the closure of the poll or part of the poll and the time of the closure; and ii: whether the poll or part of the poll was closed because of the candidate’s death or because of the candidate’s incapacity; and iii: if the candidate’s incapacity was determined, under section 153H 3: Immediately after the Electoral Commission receives an Electoral Commissioner must, on behalf of the Electoral Commission, a: the name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of Parliament for the district concerned; and b: the time of that closure; and c: the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. Section 153B inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153B(2)(c) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153B(3) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 153C: Death or incapacity of successful constituency candidate after close of poll and before declaration of result 1: This section applies if— a: a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and b: it is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected. 2: If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must report to the Electoral Commission a: the death or incapacity of the candidate; and b: the date of the candidate’s death, if applicable; and c: if the candidate’s incapacity was determined, under section 153H 3: Immediately on the Electoral Commission an Electoral Commissioner must, on behalf of the Electoral Commission, a: the name of the candidate; and b: that the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and c: the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. Section 153C inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153C(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153C(3) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 153D: Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll The provisions of this Act as to an equality of votes between constituency candidates apply even though, after the close of the poll, one of those candidates dies or the nomination of one of those candidates is cancelled on the grounds of incapacity. Section 153D inserted 28 February 2002 section 61 Electoral Amendment Act 2002 153E: New election to be held if writ vacated 1: Immediately after an Electoral Commissioner has endorsed section 153A section 153B section 153C Electoral Commission 2: On receiving notification under subsection (1), the Governor-General must, without delay, issue a writ for a fresh election in that district, and that election must be conducted as if it were a by-election unless this Act provides otherwise. 3: The main roll and supplementary rolls which were to be used at the election which has failed must be used at the new election without any amendment or addition. 4: Any candidate who, at the time of the cancellation or closure of the poll, was a duly nominated candidate does not need to be nominated again, but the candidate may withdraw his or her nomination before the time appointed for the close of nominations for the new election. 5: All appointments of polling places made in respect of the election that has failed continue in respect of the new election. Section 153E inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153E(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153E(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 153F: Destruction of ballot papers if by-election interrupted 1: This section applies if, in the case of a by-election, the poll is interrupted as a result of the death of a constituency candidate or the cancellation of the nomination of a constituency candidate on the grounds of incapacity. 2: If this section applies,— a: all ballot papers that have been placed in ballot boxes must be taken out by the managers of polling places and made up into secured packages; and b: those packages must be sent, unopened, to the Returning Officer; and c: the Returning Officer must immediately destroy those packages in the presence of a District Court Judge or a Justice of the Peace. Section 153F inserted 28 February 2002 section 61 Electoral Amendment Act 2002 153G: Application for cancellation of nomination if candidate incapacitated after close of nominations 1: An application may be made for the cancellation of the nomination of a candidate if,— a: in the case of a candidate whose name is included on a list submitted under section 127 section 193(5) b: in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll. 2: An application under subsection (1) must be made as follows: a: if the candidate was nominated under section 143 i: the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent: ii: the application must be made to the Returning Officer for the district: b: if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K section 127 i: the application must be made by the secretary of the party: ii: the application must be made to the Electoral Commission 3: The application must be made on a form provided by the Electoral Commission 4: The application must be accompanied by a certificate signed by a a: as to the candidate’s condition; and b: that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A 5: The application— a: must be submitted to the Returning Officer or, as the case requires, the Electoral Commission i: as soon as practicable after the candidate becomes incapacitated; and ii: before the declaration of the result of the poll; and b: may be submitted by hand, post, or electronically Section 153G inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153G(2)(b)(ii) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153G(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153G(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 153G(5)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153G(5)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 153H: How application under section 153G to be dealt with 1: On receiving an application made under subsection (1) of section 153G Electoral Commission 2: For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission the Returning Officer or Electoral Commission 3: If, before the declaration of the result of the poll, the Returning Officer or Electoral Commission section 153G(1) Electoral Commission 4: If the Returning Officer or Electoral Commission 5: As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission Section 153H inserted 28 February 2002 section 61 Electoral Amendment Act 2002 Section 153H(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153H(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153H(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 153H(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153H(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 153H(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Candidates’ meetings 154: Use of public schoolrooms for election meetings 1: Any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions: a: 3 days’ notice of the proposed public meeting shall be given to the governing body of the school: b: the use of the school shall be granted in the order of receipt of applications by or on behalf of the candidates: c: no candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section. 2: If it is proved that any such meeting was not a public meeting within the meaning of this section, the person by whom and the candidate on whose behalf the meeting was convened shall each be liable on 3: For the purposes of this section, the term candidate a: any person who has declared his or her intention of becoming a candidate either by advertisement in a newspaper, or by circular, or by announcement at a public meeting, or by duly consenting to nomination, but does not include a candidate who has withdrawn his or her nomination; or b: any person whose name has been included in a list submitted under section 127 1956 No 107 s 90; 1975 No 28 s 35(1)(a); 1990 No 1 s 42(1), (2) Section 154(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Polling at elections 155: Power to appoint polling places 1: In respect of each election, the Electoral Commission 2: The polling places appointed for any district may include polling places that are not within the limits of that district. 3: 4: At least 12 5: The Electoral Commission Electoral Commission 6: Subsection (5) does not limit section 147 1956 No 107 s 91; 1990 No 1 s 43(1) Section 155(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 155(1) amended 28 February 2002 section 62(1) Electoral Amendment Act 2002 Section 155(3) repealed 11 March 2020 section 13 Electoral Amendment Act 2020 Section 155(4) amended 6 December 1995 section 43(2) Electoral Amendment Act (No 2) 1995 Section 155(5) substituted 28 February 2002 section 62(2) Electoral Amendment Act 2002 Section 155(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 155(6) added 28 February 2002 section 62(2) Electoral Amendment Act 2002 155A: Use of licensed premises as polling places 1: Any licensed premises may be appointed as a polling place under section 155 a: alcohol will not be available for sale, supply, or consumption in that part of the licensed premises where voting papers are issued; and b: that part of the licensed premises where voting papers are issued may be accessed without passing through any other part of the licensed premises in which alcohol is being consumed. 2: In this section, alcohol licensed premises section 5(1) Commonwealth Electoral Act 1918 (Aust) s 205 Section 155A inserted 11 March 2020 section 14 Electoral Amendment Act 2020 156: Use of public schools as polling places 1: Any public primary school or intermediate school or secondary school may be appointed to be a polling place under section 155 2: The cost of cleaning any part of a school used as a polling place, the cost of lighting and heating used on polling day, and the cost of repairing any damage arising from the use of a school as a polling place, shall be defrayed by the Returning Officer out of money to be appropriated by Parliament. 1956 No 107 s 91A; 1990 No 1 s 43(1) 157: Materials for polling places 1: The Returning Officer must ensure that each polling place has the following things for the purposes of the poll: a: 1 or more inner compartments to enable voters to vote in secret: b: in each inner compartment, suitable facilities for the marking of ballot papers: c: 1 or more ballot boxes: d: 1 or more copies (in printed or electronic form and as supplied under section 123 e: a sufficient number of ballot papers. 2: The Returning Officer must ensure that there is displayed prominently in every polling place either— a: the name of each political party that submitted a list in accordance with section 127 b: copies of the information published under section 147(3)(a) Section 157 substituted 28 February 2002 section 63 Electoral Amendment Act 2002 Section 157(1)(d) amended 21 March 2017 section 77(1) Electoral Amendment Act 2017 Section 157(2)(b) amended 21 March 2017 section 77(2) Electoral Amendment Act 2017 158: Appointment of polling place officials 1: The Returning Officer must, for each polling place, appoint in writing as many polling place officials as the Returning Officer thinks are required for the conduct of the poll, and the preliminary count of votes, at that place. 2: The Returning Officer must, in relation to each polling place, designate, by notice in writing, one of the polling place officials as the manager of the place. 3: The Returning Officer may, in relation to each polling place,— a: authorise in writing 1 or more polling place officials to issue ballot papers at the place; and b: designate in writing 1 or more of the polling place officials as interpreters; and c: authorise in writing or, if the appointment is made on polling day, orally, any person to act for the manager of the polling place in case of the manager’s absence. 4: The Returning Officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3) to a Returning Officer for another electoral district. 5: The Public Service Act 2020 Section 158 substituted 28 February 2002 section 63 Electoral Amendment Act 2002 Section 158(5) amended 7 August 2020 section 135 Public Service Act 2020 158A: Polling place officials under direction of Electoral Commission 1: The Electoral Commission 2: Every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission Section 158A inserted 28 February 2002 section 63 Electoral Amendment Act 2002 Section 158A heading amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 158A(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 158A(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 159: Exercise of powers and duties of polling place officials 1: The Returning Officer may exercise in person all the powers, duties, and functions of a manager of a polling place. 2: A person authorised under section 158(3)(c) 3: Every polling place official must, before being allowed to act, declare that he or she will comply with section 203 3A: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. Section 159 substituted 28 February 2002 section 63 Electoral Amendment Act 2002 Section 159(3) replaced 21 March 2017 section 78 Electoral Amendment Act 2017 Section 159(3A) inserted 21 March 2017 section 78 Electoral Amendment Act 2017 159A: Interpreters 1: Whenever the Returning Officer designates polling place officials as interpreters, the Returning Officer must, at the request of a candidate, give the candidate the names of the interpreters. 2: Regulations made under section 267 Section 159A inserted 28 February 2002 section 63 Electoral Amendment Act 2002 160: Scrutineers 1: Each constituency candidate may appoint 1 or more scrutineers for each polling place at any election. 2: If, at an election in a district, no constituency candidate is standing for a political party that is listed in the part of the ballot paper that relates to the party vote, the secretary of the party may appoint 1 or more scrutineers for each polling place in the district. 3: Every appointment of a scrutineer— a: must be in writing; and b: must be signed by the constituency candidate or, as the case requires, the secretary of the party. 4: Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203 4A: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 5: The number of scrutineers for a candidate or for a political party who may be present in a polling place may not exceed the number of issuing officers designated for the polling place. 6: A scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed. 7: Nothing in this Act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted. 8: No candidate may act as a scrutineer under this section. Section 160 substituted 28 February 2002 section 63 Electoral Amendment Act 2002 Section 160(4) replaced 21 March 2017 section 79 Electoral Amendment Act 2017 Section 160(4A) inserted 21 March 2017 section 79 Electoral Amendment Act 2017 161: Hours of polling 1: The poll at every election shall commence at 9 am on polling day, and, except as otherwise provided in this Act, shall finally close at 7 pm on the same day. 2: Every elector who at the close of the poll is present in a polling place 1956 No 107 s 96 Section 161(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 162: Employees to have time off to vote 1: Subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid. 2: Where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid. 3: Every person commits an offence and shall be liable on 4: Every master of a ship that happens to be in any port in New Zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on 5: For the purposes of this section,— employer section 5 master worker section 6 6: This section shall bind the Crown. 1956 No 107 s 98; 1990 No 1 s 48(1) Section 162(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 162(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 162(5) employer inserted 1 April 2004 section 91(2) Holidays Act 2003 Section 162(5) employer worker repealed 1 April 2004 section 91(2) Holidays Act 2003 Section 162(5) worker added 1 April 2004 section 91(2) Holidays Act 2003 Voting 163: Ballot box to remain closed during poll 1: The manager of the polling place a: see that the ballot box is empty; and b: close the ballot box; and c: ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock. 2: Subject to subsection (3), the ballot box, after being sealed or locked in accordance with subsection (1), shall not again be opened until after the close of the poll. 3: If the ballot box becomes full and no other ballot box is available, the manager of the polling place 4: Where a ballot box is opened pursuant to subsection (3), the manager of the polling place a: close the ballot box; and b: ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock. 5: In this section, ballot box section 167 1956 No 107 s 101; 1990 No 1 s 51 Section 163(1) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 163(3) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 163(4) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 163(5) inserted 11 March 2020 section 15 Electoral Amendment Act 2020 164: Persons not to remain in polling places No person not actually engaged in voting may remain in a polling place other than the following: a: the Returning Officer: b: polling place officials: c: scrutineers: d: any other person with the permission of the Returning Officer. Section 164 substituted 28 February 2002 section 64 Electoral Amendment Act 2002 165: Voters not to be communicated with in polling place 1: No person other than an electoral official may communicate with a voter in a polling place, either before or after the voter has voted. 1A: An electoral official (with an interpreter if necessary) may ask only the questions the electoral official is authorised to put and give any general directions that may assist any voter, and in particular may, on request, inform a voter orally of the names of— a: all the constituency candidates in alphabetical order with their party designations; and b: all the parties in alphabetical order who have submitted a party list, and the names of the candidates on each list in the order of preference submitted by the party in accordance with section 127 2: Every person who offends against this section shall be liable on polling place by order of the manager 1956 No 107 s 103; 1990 No 1 s 53(1) Section 165 heading amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 165(1) replaced 1 January 2023 section 36 Electoral Amendment Act 2022 Section 165(1A) inserted 1 January 2023 section 36 Electoral Amendment Act 2022 Section 165(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 165(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 166: Questions may be put to voters 1: The issuing officer a: are you the person whose name appears as AB in the electoral roll now in force for the [ name of district b: have you already voted at this election in this or any other electoral district? 2: In every such case the issuing officer 3: Every person to whom those questions are put who does not answer them, or does not answer the first in the affirmative and the second in the negative, shall be liable on 4: Every person who wilfully and knowingly makes a false answer to either of the questions that the issuing officer 1956 No 107 s 104; 1990 No 1 s 54(1) Section 166(1) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 166(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 166(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 166(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 166(4) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 167: Issue of ordinary ballot papers 1: Every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote. 2: An elector who applies to vote must— a: verbally give or verbally confirm his or her name; and b: give or confirm any other particulars that may be necessary to find the elector's name on the rolls. 2A: If an elector is unable to comply with the requirement in subsection (2)(a) because of an inability to understand English or because of a physical disability, the elector may comply with that requirement by— a: gesture; or b: any other means with the assistance of a person nominated by the elector who is present with the elector. 3: If the name of the elector is on the rolls, the issuing officer must— a: mark the rolls (either manually or by electronic means) b: if the consecutive number printed on the ballot paper can be read without the aid of technology, ensure that a piece of gummed paper is firmly fixed over the consecutive number on the ballot paper to conceal it effectively: c: write on the counterfoil of the ballot paper— i: the issuing officer’s initials; and ii: the number of the page, and the number of the line, on which the elector’s name appears on the roll: d: ensure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person: e: issue the ballot paper to the elector. 4: Every person commits an offence and is liable on Section 167 substituted 28 February 2002 section 65(1) Electoral Amendment Act 2002 Section 167(2) replaced 25 March 2014 section 26 Electoral Amendment Act 2014 Section 167(2A) inserted 25 March 2014 section 26 Electoral Amendment Act 2014 Section 167(3)(a) amended 21 March 2017 section 80 Electoral Amendment Act 2017 Section 167(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 168: Method of voting 1: The voter, having received a ballot paper,— a: shall immediately retire into one of the inner compartments provided for the purpose; and b: shall there alone and secretly vote— i: by marking the party vote with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and ii: by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote. 2: Where the ballot paper comprises only a party vote or only an electorate vote, the provisions of subsection (3) shall apply instead of subsection (1). 3: The voter, having received a ballot paper,— a: shall immediately retire into one of the inner compartments provided for the purpose; and b: shall there alone and secretly vote either— i: by marking the party vote with a tick within the circle immediately after the name of the party by which the voter wishes to vote; or ii: by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote. 4: Every voter shall, before leaving the inner compartment, fold the ballot paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box. 5: Nothing in this section limits the provisions of section 178(5)(a)(ii) Section 168 substituted 6 December 1995 section 46 Electoral Amendment Act (No 2) 1995 169: Spoilt ballot papers 1: Any voter who, not having deposited his or her ballot paper, in the ballot box, satisfies the issuing officer issuing officer 2: The issuing officer a: cancel every such spoilt ballot paper by writing across the face thereof the words Spoilt by voter, and a fresh ballot paper issued b: if any ballot paper is inadvertently spoilt by the issuing officer Spoilt by official and a fresh ballot paper issued c: retain all spoilt ballot papers in his or her possession until the close of the poll. Section 169 substituted 6 December 1995 section 47 Electoral Amendment Act (No 2) 1995 Section 169(1) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 169(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 169(2)(b) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 170: Blind, disabled, or illiterate voters 1: Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section. 2: At the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer issuing officer issuing officer 3: A voter to whom subsection (2) applies, whether or not he or she nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box. 4: Any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this Act. 5: Every person commits an offence, and shall be liable on to a fine not exceeding $1,000 6: Regulations made under section 267 1956 No 107 s 108(1), (2), (4)–(7); 1981 No 120 s 33(1) Section 170(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 170(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 170(5) amended 6 December 1995 section 48 Electoral Amendment Act (No 2) 1995 171: Procedure when second vote given in same name If any person proposing to vote at any election gives as his or her name the name of any person to whom a ballot paper has already been given at the same election, he or she shall be dealt with in all respects in like manner as any other voter: provided that the ballot paper issuing officer 1956 No 107 s 109 Section 171 proviso amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 171 proviso amended 6 December 1995 section 49 Electoral Amendment Act (No 2) 1995 Special voting 172: Voting by special voters 1: Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act. 2: Different methods of voting may be prescribed for different classes of special voters. 3: The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers. 3A: The special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) section 143(3A) and (4) 146E(4) and (5) 4: Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district. 5: Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203 5A: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 6: If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district. 7: No candidate shall act as scrutineer under this section. 8: Subject to the provisions of this section and section 61 1956 No 107 s 110; 1981 No 120 s 34; 1990 No 1 s 57 Section 172(3A) inserted 6 December 1995 section 50 Electoral Amendment Act (No 2) 1995 Section 172(3A) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 172(4) replaced 21 March 2017 section 81(1) Electoral Amendment Act 2017 Section 172(5) replaced 21 March 2017 section 81(2) Electoral Amendment Act 2017 Section 172(5A) inserted 21 March 2017 section 81(2) Electoral Amendment Act 2017 Section 172(6) replaced 21 March 2017 section 81(3) Electoral Amendment Act 2017 173: Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels Section 173 repealed 28 February 2002 section 66(1) Electoral Amendment Act 2002 173A: Special voting by facsimile Section 173A repealed 28 February 2002 section 66(1) Electoral Amendment Act 2002 Preliminary count of votes 174: Preliminary count of votes cast in polling place 1: The manager of every polling place must, as soon as practicable after the close of the poll, in the presence of any scrutineers (including those lawfully in the polling place under any other Act) and the polling place officials, but of no other person, arrange for a preliminary count of the votes cast in that polling place to be conducted in accordance with this section— a: at the polling place; or b: at any other place designated by the Electoral Commission. 1A: The Electoral Commission may, under subsection (1)(b), designate for a polling place some other place where the preliminary count of votes cast in the polling place may be conducted only if the Commission is satisfied that it is necessary to do so because the preliminary count of votes will not be able to be conducted at the polling place in the absence of unauthorised persons. 1B: If the Electoral Commission designates for a polling place some other place where the preliminary count of votes cast in the polling place may be conducted,— a: the Returning Officer must— i: give notice to the constituency candidates or their scrutineers of that place at which the preliminary count of votes will be conducted (the counting place ii: afford to the scrutineers present at the polling place the opportunity to accompany the ballot boxes to the counting place; and b: all ballot boxes containing ballot papers must be taken from the polling place to the counting place accompanied by— i: a polling place official appointed as an official for the polling place; and ii: any scrutineers wishing to take up the opportunity afforded by paragraph (a)(ii). 2: For the purposes of the preliminary count, all ballot papers must be taken from the ballot boxes to ascertain, as the case may require,— a: the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or b: the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or c: both. 3: For the purposes of subsection (2), the following votes must be set aside as informal: a: any party votes that do not clearly indicate the party for which the voter desired to vote: b: any electorate votes that do not clearly indicate the candidate for whom the voter desired to vote. 4: As soon as possible after ascertaining a result of the voting, the manager must ensure that the result is reported to the Returning Officer. 5: If a referendum has, under any Act, been taken with the poll, the manager must ensure that the preliminary count of the party votes and the electorate votes, and the reports under subsection (4) take priority over the counting of the votes of the referendum. Section 174 substituted 28 February 2002 section 67(1) Electoral Amendment Act 2002 Section 174(1) replaced 11 March 2020 section 16 Electoral Amendment Act 2020 Section 174(1A) inserted 11 March 2020 section 16 Electoral Amendment Act 2020 Section 174(1B) inserted 11 March 2020 section 16 Electoral Amendment Act 2020 174A: Ballot papers, etc, to be compiled, certified, and sent to Returning Officer 1: After completing the preliminary count under section 174 a: ensure that the following documents are enclosed in 1 or more parcels: i: the used ballot papers: ii: the ballot papers set aside under section 171 iii: the certified copies of the main roll and supplementary rolls that have been marked by issuing officers to indicate the persons who applied to vote: iv: all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers: v: all the spoilt ballot papers; and b: ensure that each parcel is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and c: ensure that 1 or more certificates are prepared that certify— i: the number of votes received by each party (if applicable): ii: the number of votes received by each candidate (if applicable): iii: the number of informal party votes: iv: the number of informal electorate votes: v: the number of ballot papers set aside under section 171 vi: the number of spoilt ballot papers: vii: the number of ballot papers issued to special voters: viii: the number of unused ballot papers: ix: the total number of ballot papers allocated for use at the polling place; and d: sign, and invite each scrutineer who is present to sign, every endorsement prepared under paragraph (b) and every certificate prepared under paragraph (c). 2: The manager must ensure that all parcels mentioned in this section are sent to the Returning Officer without delay. 3: This section does not prevent any of the documents referred to in subparagraphs (ii) to (v) of subsection (1)(a) from being placed in 1 or more parcels before the preliminary count under section 174 Section 174A inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 174B: No preliminary count if fewer than 6 ordinary ballot papers issued 1: If, at any election, the number of ordinary ballot papers issued for a district at a polling place is smaller than 6, the manager of the polling place must, after the close of the poll, arrange for the secure dispatch of those ballot papers to the Returning Officer for the district. 2: This section overrides sections 174 174A Section 174B inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 174C: Preliminary count of early votes 1: In this section and in sections 174D to 174G early votes a: are delivered or sent to the Returning Officer on or before polling day; and b: were, in accordance with regulations made under this Act, issued in substantially the same manner as ordinary ballot papers are issued under section 167 2: The Returning Officer must, in the presence of any scrutineers appointed under section 174F (either manually or by electronic means) 3: The Returning Officer must take the early votes and ascertain, as the case may require,— a: the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or b: the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or c: both. 4: For the purposes of subsection (3), the Returning Officer must set aside as informal— a: all party votes that do not clearly indicate the party for which the voter desired to vote: b: all electorate votes that do not clearly indicate the candidate for whom the voter desired to vote. 5: A count under this section must be commenced,— a: if an electoral district meets the conditions stated in section 174D(2) b: if those conditions are not met 5A: The Returning Officer must give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the preliminary count of early votes will commence. 6: If a referendum has, under any Act, been taken with the poll, the Returning Officer must ensure that the count, under this section, of party votes and electorate votes takes priority over the counting of the votes of the referendum. Section 174C inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 Section 174C(2) amended 21 March 2017 section 82(1) Electoral Amendment Act 2017 Section 174C(5)(a) replaced 21 March 2017 section 82(2) Electoral Amendment Act 2017 Section 174C(5)(b) amended 21 March 2017 section 82(3) Electoral Amendment Act 2017 Section 174C(5A) inserted 21 March 2017 section 82(4) Electoral Amendment Act 2017 174D: Conditions for counting early votes before close of poll 1: In this section and in sections 174E to 174G restricted area area a: is designated by the Electoral Commission b: has features that— i: preclude persons who are not in the area from seeing or hearing any aspect of the count; and ii: permit the Returning Officer to control persons who wish to enter or leave the area. 2: The conditions referred to in section 174C(5)(a) a: the Electoral Commission b: the count is to be conducted in a restricted area: c: on every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to enter the area: d: on every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to leave the area. Section 174D inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 Section 174D(1) amended 21 March 2017 section 83(1) Electoral Amendment Act 2017 Section 174D(1)(a) amended 21 March 2017 section 83(2) Electoral Amendment Act 2017 Section 174D(2)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 174E: Maintenance of secrecy of count of early votes 1: On polling day, no person (other than a scrutineer appointed under section 174F 2: On polling day, a person who enters, whether with or without authorisation, a restricted area may not leave the area before the close of the poll without the express authorisation of the Returning Officer. 3: The Electoral Commission 4: The Returning Officer must ensure that all persons who take part in the counts conducted before the close of the poll are familiar with any instructions issued under subsection (3), and the Returning Officer and those persons must comply with those instructions. Section 174E inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 Section 174E(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 174F: Scrutineers for count of early votes 1: Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C 2: Every appointment of a scrutineer— a: must be in writing; and b: must be signed by the constituency candidate. 3: Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203 3A: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 4: If the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from the time on polling day that is 30 minutes before the time determined under section 174C(5)(a) 5: No scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area. 6: If a scrutineer fails to comply with subsection (5) or an instruction issued under section 174E(3) a: refuse to allow the scrutineer to enter the restricted area; or b: require the scrutineer to leave the restricted area. Section 174F inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 Section 174F(3) replaced 21 March 2017 section 84(1) Electoral Amendment Act 2017 Section 174F(3A) inserted 21 March 2017 section 84(1) Electoral Amendment Act 2017 Section 174F(4) amended 21 March 2017 section 84(2) Electoral Amendment Act 2017 174G: Offences in relation to count of early votes conducted before close of poll 1: Every person commits an offence and is liable on a: not being a scrutineer appointed under section 174F b: being a scrutineer appointed under section 174F c: leaves, on polling day, a restricted area without the express authorisation of the Returning Officer. 2: Every person commits an offence and is guilty of a corrupt practice who, being or having been in a restricted area, discloses, before the close of the poll, to any person outside the area any information about the results of a count of early votes conducted under section 174C Section 174G inserted 28 February 2002 section 67(1) Electoral Amendment Act 2002 Section 174G(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Scrutiny of the rolls 175: Scrutiny of the rolls 1: The Returning Officer— a: shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll; and b: shall give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the Returning Officer will commence the scrutiny. 2: Each constituency candidate may appoint 1 or more scrutineers to be present at the scrutiny of the rolls. 3: Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203 3A: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 4: Where a constituency candidate appoints more than 1 scrutineer to be present at the scrutiny of the rolls, only 1 scrutineer for that candidate, or such greater number as is permitted by the Returning Officer, shall be present at the scrutiny of the rolls at any time. 5: The only persons who may be present at the scrutiny are— a: an Electoral Commissioner: b: the Returning Officer: c: any assistant of the Electoral Commissioner d: any expert or technician who provides advice or support to the Electoral Commissioner e: any scrutineer. 6: No candidate shall act as scrutineer under this section. 7: A scrutineer may be appointed under this section electronically. 1956 No 107 s 112; 1990 No 1 s 59(1) Section 175(2) replaced 25 March 2014 section 45 Electoral Amendment Act 2014 Section 175(3) replaced 21 March 2017 section 85 Electoral Amendment Act 2017 Section 175(3A) inserted 21 March 2017 section 85 Electoral Amendment Act 2017 Section 175(5) substituted 28 February 2002 section 68(2) Electoral Amendment Act 2002 Section 175(5)(a) substituted 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 175(5)(c) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 175(5)(d) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 175(7) replaced 25 March 2014 section 45 Electoral Amendment Act 2014 176: Marked copies of rolls to be compared 1: The Returning Officer or the Electoral Commissioner a: compare (either manually or by any electronic means)— i: all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and ii: all records of special votes exercised; and iii: the list of post-writ day deletions supplied to the Returning Officer by the Electoral Commission section 123(b) b: compile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector— i: who is shown on any of the certified copies of the rolls as having received a ballot paper; or ii: who is shown in any record of special votes issued as having received a ballot paper; or iii: whose name is shown on the list of post-writ day deletions. 2: If on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171 a: in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and b: select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and c: subject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected. 3: Notwithstanding subsection (2)(c), if the Returning Officer is satisfied— a: that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and b: that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,— the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes. 4: If, on the comparison with all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and all records of special votes exercised in respect of the district, and the list of post-writ day deletions, it appears that any person has received a ballot paper by giving a name shown on the list of post-writ day deletions, the Returning Officer— a: must, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and b: must select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and c: subject to subsections (5) and (6), shall disallow every vote appearing to have been given by means of any ballot paper so selected. 5: Notwithstanding subsection (4)(c), but subject to subsection (6), if the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information, he or she shall allow each vote given by means of that ballot paper. 6: Notwithstanding subsections (4) and (5), if— a: the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information; and b: more than 1 ballot paper was received by the giving of a name shown on the list of post-writ day deletions; and c: the Returning Officer is satisfied— i: that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and ii: that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,— the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes. 7: 8: Except in the case of the ballot papers so selected therefrom, the Returning Officer shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the party or constituency candidate for whom any particular voter has voted. Section 176 substituted 6 December 1995 section 54 Electoral Amendment Act (No 2) 1995 Section 176(1) substituted 28 February 2002 section 69(1) Electoral Amendment Act 2002 Section 176(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 176(1)(a)(iii) amended 21 March 2017 section 86 Electoral Amendment Act 2017 Section 176(2) substituted 28 February 2002 section 69(1) Electoral Amendment Act 2002 Section 176(4)(a) substituted 28 February 2002 section 69(2) Electoral Amendment Act 2002 Section 176(4)(b) substituted 28 February 2002 section 69(2) Electoral Amendment Act 2002 Section 176(7) repealed 28 February 2002 section 69(3) Electoral Amendment Act 2002 177: Parcels to be secured after scrutiny 1: When the Returning Officer has selected from any parcel all the ballot papers 2: The Returning Officer shall set aside all ballot papers 1956 No 107 s 114 Section 177(1) amended 6 December 1995 section 55 Electoral Amendment Act (No 2) 1995 Section 177(2) amended 6 December 1995 section 55 Electoral Amendment Act (No 2) 1995 Official count and declaration of poll 178: Counting the votes 1: On or before the completion of the scrutiny under section 175 section 174A(1)(a)(i) 2: The procedure set out in subsection (1) need not be delayed until the inquiries under section 176(2) place place 3: No special vote shall be disallowed by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election. 4: Where a person who has voted in an election dies before the close of the day before polling day, the Returning Officer shall, on receiving from a Registrar of Births and Deaths notification of that person’s death, disallow that person’s vote. 5: When the parcel selected under subsection (1) has been opened, the Returning Officer shall, in the presence of his or her assistants (if any) and the scrutineers and Justice as aforesaid, but of no other person, deal with the ballot papers as follows: a: he or she shall reject as informal— i: any ballot paper that does not bear the official mark if there is reasonable cause to believe that it was not issued to a voter by an issuing officer; and ii: a ballot paper that does not clearly indicate the constituency candidate or the party, as the case may require, for which the voter desired to vote: provided that no ballot paper or part of the ballot paper shall be rejected as informal by reason only of some informality in the manner in which it or any other part of the ballot paper has been dealt with by the voter if the ballot paper or part of the ballot paper being considered is otherwise regular, and if, in the opinion of the Returning Officer, the intention of the voter is clearly indicated: provided also that no ballot paper or part of a ballot paper shall be rejected as informal by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election: b: the Returning Officer shall then— i: count, as the case may require, the number of votes received by each party or the number of votes received by each constituency candidate or both; and ii: count the number of party votes rejected as informal; and iii: count the number of electorate votes rejected as informal; and iv: compare the results of the counts conducted under subparagraphs (i) to (iii) with the certificate of the polling place manager c: the Returning Officer shall then, where necessary, amend the certificate of the polling place manager d: the Returning Officer must then endorse on the parcel the name or other identifier of the polling place where the votes were recorded; and that endorsement must be signed by the Returning Officer and the Justice who attends. 5A: Despite section 60 a: may not be disallowed simply because of the voter’s error with regard to the district; and b: for the purposes of this section and sections 179 to 181 6: The ballot papers from all the parcels shall be dealt with in the manner aforesaid and the ballot papers from one parcel may be so dealt with while those from another parcel or parcels are also being so dealt with. 7: The ballot papers of special voters shall be dealt with in like manner, after which they shall be made up together into a parcel which shall be properly secured and shall be endorsed in the manner hereinbefore described. 8: When all the ballot papers have been dealt with in the prescribed manner, the Justice attending shall sign a certificate stating the total number of ballot papers used at the election, the number of votes received by each party or constituency candidate, as the case may require, and the number of informal votes, and that certificate shall be preserved by the Returning Officer for production when required. 9: Where at any count of the ballot papers under this section counting of the ballot papers extends beyond 1 day, the Justice attending shall give his or her certificate day by day showing the progress of that counting and describing the parcels counted in his or her presence. Section 178 substituted 6 December 1995 section 56 Electoral Amendment Act (No 2) 1995 Section 178(1) substituted 28 February 2002 section 70(1) Electoral Amendment Act 2002 Section 178(2) amended 28 February 2002 section 70(2) Electoral Amendment Act 2002 Section 178(5)(a)(i) substituted 28 February 2002 section 70(3) Electoral Amendment Act 2002 Section 178(5)(b)(iv) amended 21 March 2017 section 87 Electoral Amendment Act 2017 Section 178(5)(c) amended 28 February 2002 section 70(4) Electoral Amendment Act 2002 Section 178(5)(d) substituted 28 February 2002 section 70(5) Electoral Amendment Act 2002 Section 178(5A) inserted 28 February 2002 section 70(6) Electoral Amendment Act 2002 179: Declaration of result of poll 1: When the official count under section 178 Electoral Commission a: the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper: b: the total number of valid votes received by each constituency candidate: c: the total number of informal party votes: d: the total number of informal electorate votes. 2: As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Electoral Commission by publishing a notice in the Gazette 3: The Electoral Commission Electoral Commission 4: The Electoral Commission Electoral Commission 5: If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission section 180 6: If on a recount under section 180 Electoral Commission Section 179 substituted 28 February 2002 section 71(1) Electoral Amendment Act 2002 Section 179(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 179(2) amended 21 March 2017 section 88 Electoral Amendment Act 2017 Section 179(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 179(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 179(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 179(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 179(6) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Recount 180: Application to District Court Judge for recount 1: Any constituency candidate for a district may, within 3 working days after the public declaration made under section 179 2: Any secretary of a political party that is listed on the part of the ballot paper that relates to the party vote may, within 3 working days after the public declaration made under section 179 3: Every application under subsection (1) shall be accompanied by a deposit of $1,000 (which deposit shall be inclusive of goods and services tax). 4: Every application under subsection (2) shall be accompanied by a deposit of $1,500 (which deposit shall be inclusive of goods and services tax). 5: The District Court Judge— a: shall cause a recount of the electorate votes or the party votes, as the case may require, to be commenced within 3 working days after receiving the application; and b: shall give notice in writing of the time and place at which the recount will be made— i: to the Electoral Commission; and ii: in the case of an application made under subsection (1), to each of the candidates who may be affected by the recount; and iii: in the case of an application under subsection (2), to each of the political parties that may be affected by the recount. 6: The recount shall be made in the presence of the District Court Judge or of an officer appointed by the District Court Judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count. 7: No person shall be present at the recount except— a: the District Court Judge or the officer appointed by the District Court Judge; and b: the assistants (if any) of the District Court Judge or the officer appointed by the District Court Judge; and c: the Returning Officer and the assistants (if any) of the Returning Officer; and d: in the case of a recount of electorate votes, the scrutineers appointed under section 175 section 183(1) e: in the case of a recount, made on an application under subsection (2), of party votes, the scrutineers appointed under section 183(2)(a) f: in the case of a recount, made on an application under section 181(1) section 183(2)(b) 8: The District Court Judge shall have all the powers that the Returning Officer had on the original count, and may, in addition, review any decision of the Returning Officer or the Registrar of Electors or the Electoral Commission a: the checking of special voting declarations; or b: the allowance or disallowance of special votes. 9: Any decision referred to in subsection (8) and any other decision made by the Returning Officer in the exercise of the Returning Officer’s powers on the original count may be confirmed, reversed, or set aside by the District Court Judge. 10: If on the recount the District Court Judge finds that the public declaration was incorrect, the District Court Judge shall order the Electoral Commission 11: The District Court Judge may make such order as to the costs of and incidental to the recount as the District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it. 1956 No 107 s 117; 1990 No 1 s 61(1) Section 180(1) substituted 6 December 1995 section 58(1) Electoral Amendment Act (No 2) 1995 Section 180(2) substituted 6 December 1995 section 58(1) Electoral Amendment Act (No 2) 1995 Section 180(5)(a) substituted 6 December 1995 section 58(2) Electoral Amendment Act (No 2) 1995 Section 180(5)(b)(i) replaced 21 March 2017 section 89(1) Electoral Amendment Act 2017 Section 180(7)(d) substituted 6 December 1995 section 58(3) Electoral Amendment Act (No 2) 1995 Section 180(7)(e) substituted 6 December 1995 section 58(3) Electoral Amendment Act (No 2) 1995 Section 180(7)(f) added 6 December 1995 section 58(3) Electoral Amendment Act (No 2) 1995 Section 180(8) amended 21 March 2017 section 89(2) Electoral Amendment Act 2017 Section 180(10) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 180(10) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 181: Application by political party for recount in every electoral district 1: Any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180(2) 2: Every application under subsection (1) must be made within 3 working days after the date of the last public declaration made under section 179 3: Every application under subsection (1) shall be accompanied by a deposit of $90,000 (which deposit shall be inclusive of goods and services tax). 4: The Chief District Court Judge shall cause a separate recount of the party votes to be conducted for each electoral district and, for that purpose, shall, within 3 working days after receiving the application for the recounts, arrange, in respect of each recount, for a District Court Judge to conduct it. 5: Each recount conducted under this section shall be conducted in accordance with subsections (5) to (10) of section 180 6: At the conclusion of all recounts under this section, the Chief District Court Judge may make such order or orders as to the costs of and incidental to those recounts as the Chief District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it. Section 181(1) substituted 6 December 1995 section 59(1) Electoral Amendment Act (No 2) 1995 Section 181(4) substituted 6 December 1995 section 59(2) Electoral Amendment Act (No 2) 1995 182: Ability to combine recounts Nothing in section 180 section 181 Section 182 substituted 6 December 1995 section 60 Electoral Amendment Act (No 2) 1995 183: Scrutineers for recounts and allocation of list seats 1: Any constituency candidate affected by an application under section 180(1) 2: Any political party affected— a: by an application under section 180(2) b: by an application under section 181(1) may appoint 1 or more scrutineers to be present at any such recount. 3: Any political party listed in the part of the ballot paper that relates to the party vote may appoint 1 or more scrutineers to be present during the allocation of list seats by the Electoral Commission sections 191 to 193 4: Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203 4A: The declaration must— a: be in a form that the Electoral Commission has approved; and b: be witnessed as specified in the form. 5: Where a political party appoints more than 1 scrutineer to be present during the allocation of list seats, only 1 scrutineer for that political party, or such greater number as is permitted by the Electoral Commission 6: No candidate shall act as a scrutineer under this section. 7: Section 183 substituted 6 December 1995 section 61 Electoral Amendment Act (No 2) 1995 Section 183(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 183(4) replaced 21 March 2017 section 90 Electoral Amendment Act 2017 Section 183(4A) inserted 21 March 2017 section 90 Electoral Amendment Act 2017 Section 183(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 183(7) repealed 1 January 2023 section 37 Electoral Amendment Act 2022 184: Ballot papers and certificate to be compared on recount 1: At any recount made as aforesaid the Returning Officer shall produce to the District Court Judge all the used ballot papers 2: If, on comparing the number of ballot papers Electoral Commission must 1956 No 107 s 118 Section 184(1) amended 6 December 1995 section 62 Electoral Amendment Act (No 2) 1995 Section 184(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 184(2) amended 6 December 1995 section 62 Electoral Amendment Act (No 2) 1995 Return of writ 185: Endorsement and return of writ 1: As soon as practicable after the Electoral Commission has section 179(2) an Electoral Commissioner must, on behalf of the Electoral Commission, a: endorse on the writ— i: the full name of every constituency candidate declared to be elected; and ii: the date of the endorsement; and b: sign the writ; and c: immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives. 2: The date endorsed on the writ under subsection (1) is the day of the return of the writ. 3: The writ must be returned within the time specified in the writ for its return. 4: If any application for a recount of the votes for any constituency candidates has been made, the Electoral Commission 5: If, at any time before the expiry of the time for an application for a recount of the votes for constituency candidates, it appears to the Electoral Commission Electoral Commission 6: Subsections (4) and (5) prevail over subsections (1) to (3). Section 185 substituted 28 February 2002 section 73 Electoral Amendment Act 2002 Section 185(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 185(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 185(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 186: Electoral Commission may correct writ 1: If the Electoral Commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an Electoral Commissioner may, on behalf of the Electoral Commission, before or after complying with the requirements of section 185(1) 2: Before making a correction under subsection (1), the Electoral Commissioner must consult with the member concerned and with the Returning Officer. 3: If the Electoral Commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1) a: the Electoral Commission must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and b: that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1) Section 186 substituted 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Disposal of ballot papers 187: Disposal of ballot papers, rolls, etc 1: As soon as practicable after giving the Electoral Commission section 179(1) 1A: As soon as practicable after complying with the requirements of subsection (1), the Returning Officer must— a: enclose or cause to be enclosed in 1 or more packets all parcels that have been received, or made up, by the Returning Officer and that contain any of the following documents: i: used ballot papers, including the special voters’ ballot papers: ii: counterfoils of issued ballot papers and counterfoils of unused ballot papers: iii: spoilt ballot papers: iv: ballot papers set aside under section 171 section 177 b: enclose or cause to be enclosed in 1 or more packets the following materials: i: ballot paper accounts: ii: copies of rolls (except the master roll): iii: books or other papers provided for by this Act: iv: all letters and other papers received from any manager of a polling place or issuing officer about special votes; and c: ensure that each packet is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and d: sign the endorsement on each packet; and e: ensure that every packet is sent to the Clerk of the House of Representatives without delay. 2: The Clerk of the House of Representatives shall forthwith give or send to the Returning Officer a receipt under his or her hand for the said packets and parcel. 3: The Electoral Commission must attach to the master roll for each district a list that— a: sets out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115 b: indicates the special voters whose votes have been disallowed. 4: The Electoral Commission 5: Any registered elector of the district may inspect any master roll for the district, and the attached list, at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business. 1956 No 107 s 121; 1981 No 120 s 38; 1990 No 1 s 62 Section 187(1) substituted 28 February 2002 section 74 Electoral Amendment Act 2002 Section 187(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 187(1A) inserted 28 February 2002 section 74 Electoral Amendment Act 2002 Section 187(3) replaced 21 March 2017 section 91(1) Electoral Amendment Act 2017 Section 187(4) amended 21 March 2017 section 91(2) Electoral Amendment Act 2017 Section 187(5) replaced 21 March 2017 section 91(3) Electoral Amendment Act 2017 188: Annotation of list of special voters 1: A constituency candidate at an election who applies for a recount of the votes or a person who files an election petition may, by notice in writing to the Electoral Commission Electoral Commission section 187(3) provided that this subsection shall not apply where the Electoral Commission the Returning Officer section 187(1)(b) 2: The annotations shall show, in relation to each special voter whose vote is shown on the list as having been disallowed, the reason for the disallowance of the vote. 3: The annotated list must be held by the Electoral Commission, and any registered elector of the district may inspect the annotated list at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business. 4: 1956 No 107 s 121A; 1990 No 1 s 63 Section 188(1) amended 21 March 2017 section 92(1)(a) Electoral Amendment Act 2017 Section 188(1) amended 21 March 2017 section 92(1)(b) Electoral Amendment Act 2017 Section 188(3) replaced 21 March 2017 section 92(2) Electoral Amendment Act 2017 Section 188(4) repealed 21 March 2017 section 92(2) Electoral Amendment Act 2017 189: Disposal of packets 1: The packets and parcels must be safely kept for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened. 2: At the end of 6 months, the packets and parcels must be destroyed unopened in the presence of the Clerk of the House of Representatives and an Electoral Commissioner 3: Despite subsection (2), a packet or parcel may not be destroyed so long as the packet or parcel is, or may reasonably be expected to be, required for the purposes of an investigation into, or a prosecution of, an offence against this Act. Section 189 substituted 28 February 2002 section 75 Electoral Amendment Act 2002 Section 189(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 190: Papers taken from parcels as evidence in certain cases 1: Any ballot paper polling place 2: Every ballot paper polling place 3: But, in the case of the ballot papers an issuing officer 1956 No 107 s 123 Section 190(1) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 190(1) amended 6 December 1995 section 64(1) Electoral Amendment Act (No 2) 1995 Section 190(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 190(2) amended 6 December 1995 section 64(1) Electoral Amendment Act (No 2) 1995 Section 190(3) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 190(3) amended 6 December 1995 section 64(2) Electoral Amendment Act (No 2) 1995 List seats 191: Election of other members 1: When the Electoral Commission information required by section 179(1) Electoral Commission the Electoral Commission must section 127 2: The Electoral Commission must the information given under section 179(1)(a) 3: The Electoral Commission must specified in a form that the Electoral Commission has approved 4: The Electoral Commission must a: has not achieved a total that is at least 5% of the total number of all the party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; and b: is a party in respect of which no constituency candidate who is either— i: a candidate for that party; or ii: a candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission sections 127(3A) 128A has had his or her name endorsed on the writ section 185 4A: Where the Electoral Commission sections 192 193 5: The Electoral Commission must sections 192 193 6: The quotient of each successive division shall be recorded on the working sheet. 7: Once the quotient of each successive division is entered on the working sheet, the Electoral Commission must form 15 Quotients of divisions 8: If any person whose name is endorsed on the writ section 185 a: an independent; or b: a member of a political party that did not appear on the list of parties in that part of the ballot paper that relates to the party vote (not being a political party that is, in accordance with the details held by the Electoral Commission sections 127(3A) 128A the Electoral Commission must 9: In any case where the lowest of the numbers required to be ascertained under subsection (7) constitutes 2 or more numbers in different columns which are of exactly the same value, the Electoral Commission must 10: The Electoral Commission must cause a circle to be drawn Section 191(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 191(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(1) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 191(2) substituted 6 December 1995 section 65(1) Electoral Amendment Act (No 2) 1995 Section 191(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(2) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 191(3) amended 21 March 2017 section 93 Electoral Amendment Act 2017 Section 191(3) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(4) substituted 6 December 1995 section 65(2) Electoral Amendment Act (No 2) 1995 Section 191(4) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(4) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 191(4)(b)(ii) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 191(4A) inserted 6 December 1995 section 65(2) Electoral Amendment Act (No 2) 1995 Section 191(4A) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 191(5) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(7) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(8) substituted 6 December 1995 section 65(3) Electoral Amendment Act (No 2) 1995 Section 191(8) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(8) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 191(8)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 191(9) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 191(10) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 192: Determination of party eligibility for list seats 1: Having ascertained the numbers required by section 191(7) Electoral Commission must 2: Subject to subsection (3), the Electoral Commission must a: the number of persons who stood as constituency candidates for that party and whose names were endorsed on the writ section 185 b: the number of persons who stood as constituency candidates for a party that is, in accordance with the details held by the Electoral Commission sections 127(3A) 128A section 185 3: The deduction described in subsection (2)(b) shall not be made in respect of constituency seats gained by a component party that is listed on the part of the ballot paper that relates to the party vote. 4: Subject to subsection (5), after the process of deduction described in subsection (2) has been completed in respect of each party, the remainder derived therefrom shall be the number of seats to be allocated to that party from the list of candidates submitted pursuant to section 127 5: If any party listed in the part of the ballot paper that relates to the party vote has obtained, through the election of any of its constituency candidates or any of the constituency candidates for any party that is, in accordance with the details held by the Electoral Commission sections 127(3A) 128A Section 192 substituted 6 December 1995 section 66 Electoral Amendment Act (No 2) 1995 Section 192(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 192(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 192(2)(a) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 192(2)(b) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 192(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 193: Selection of candidates 1: Upon completing the procedures outlined in section 192 Electoral Commission must section 127 the part of the ballot paper that relates to the party vote 2: The Electoral Commission must section 127 3: In performing the duties required by subsection (2), the Electoral Commission must the writ section 185 section 127 4: Where all the candidates appearing on a list submitted by a party pursuant to section 127 5: The Electoral Commission must a: declare those candidates to be elected by publishing in the Gazette full b: forward to the Clerk of the House of Representatives a return listing the names of the members elected. 6: Notwithstanding any other provision of this section or any provision of sections 191 192 Electoral Commission section 127 the Electoral Commission provided that, before declaring any candidates to be elected under subsection (5), the Electoral Commission sections 191 192 7: In completing the procedures required by sections 191 192 Electoral Commission the Electoral Commission Section 193(1) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 193(1) amended 6 December 1995 section 67(1) Electoral Amendment Act (No 2) 1995 Section 193(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 193(3) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 193(3) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 193(5) substituted 6 December 1995 section 67(2) Electoral Amendment Act (No 2) 1995 Section 193(5) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 193(5)(a) amended 28 February 2002 section 76 Electoral Amendment Act 2002 Section 193(6) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 193(6) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 193(7) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 193(7) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 193A: Electoral Commission 1: If the Electoral Commission section 193(5)(b) a: the Electoral Commission b: that further return— i: is to be treated for the purposes of section 54(2)(a) ii: is to be treated for all purposes as the return forwarded to the Clerk of the House under section 193(5)(b) 2: The Electoral Commission Electoral Commission Section 193A inserted 28 February 2002 section 77 Electoral Amendment Act 2002 Section 193A heading amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 193A(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 193A(1)(a) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 193A(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Maintenance of order at elections 194: Manager of polling place to maintain order 1: Every manager of a polling place must maintain order and keep the peace at the polling place, and may, without any other warrant than this Act,— a: cause to be arrested and taken before a Justice any person reasonably suspected of committing or attempting to commit at the polling place any of the offences set out in section 201 b: cause to be removed a person who obstructs the approaches to the polling place or wilfully and unnecessarily obstructs the proceedings at the polling or conducts himself or herself in a disorderly manner or causes a disturbance or wilfully acts in any manner in defiance of the lawful directions of the manager of the polling place. 2: All constables must aid and assist the manager of the polling place in the performance of his or her duty. Section 194 substituted 28 February 2002 section 78 Electoral Amendment Act 2002 Polling disruptions Heading replaced 11 March 2020 section 17 Electoral Amendment Act 2020 195: Meaning of unforeseen or unavoidable disruption 1: In sections 195A 195B 195D unforeseen or unavoidable disruption a: prevent voters voting at a polling place; or b: pose a risk to the proper conduct of an election. 2: An unforeseen or unavoidable disruption includes, but is not limited to, a disruption arising as a result of— a: a natural disaster: b: adverse weather conditions: c: a riot or disorder, or a threat of a riot or disorder: d: a terrorist act (as defined in section 5 e: an epidemic notice given under section 5(1) f: a cyberattack on the Electoral Commission’s electronic operating systems. Section 195 replaced 11 March 2020 section 17 Electoral Amendment Act 2020 195A: Adjournment of poll on polling day 1: The Chief Electoral Officer may direct that the voting at 1 or more polling places on polling day be adjourned because of an unforeseen or unavoidable disruption. 2: Voting may be adjourned on the direction of the Chief Electoral Officer for— a: an initial period of no more than 3 days; and b: 1 or more subsequent periods of no more than 7 days each. 3: Before making a direction under subsection (2)(b) adjourning the voting for a subsequent period, the Chief Electoral Officer must— a: consult— i: the Prime Minister; and ii: the Leader of the Opposition; and iii: any person or organisation that in the Chief Electoral Officer’s opinion is able to give information about the scale and duration of the unforeseen or unavoidable disruption; and b: be satisfied that the adjournment is necessary in all the circumstances. 4: The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2)(a), notify the following persons of the adjournment: a: the Prime Minister; and b: the Leader of the Opposition. 5: The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2)(a) or (b), give public notice of the adjournment in any manner that the Chief Electoral Officer considers appropriate. 6: If voting at 1 or more polling places is adjourned under this section for any number of days, the day on or before which the writ must be returned is postponed by the same number of days. Section 195A inserted 11 March 2020 section 17 Electoral Amendment Act 2020 195B: Alternative voting processes to respond to polling disruption 1: This section applies if— a: an unforeseen or unavoidable disruption occurs at 1 or more advance polling places that may reasonably be expected to continue until polling day; or b: an unforeseen or unavoidable disruption occurs at 1 or more polling places on polling day. 2: The Chief Electoral Officer may manage an unforeseen or unavoidable disruption to which this section applies by using alternative voting processes if the Chief Electoral Officer considers that doing so is the most appropriate and efficient way to address the disruption. 3: The alternative voting processes referred to in subsection (2) may modify or adapt any requirements, processes, or procedures specified by or prescribed under this Act (for example, the Chief Electoral Officer may extend the polling hours, or extend to voters in New Zealand the procedure for the electronic issue of voting papers that is available to voters outside New Zealand). 4: In this section, advance polling place section 197A(10) Section 195B inserted 11 March 2020 section 17 Electoral Amendment Act 2020 195C: Matters Chief Electoral Officer must have regard to when exercising discretion under section 195A or 195B When considering whether to exercise his or her discretion under section 195A 195B a: the need to ensure the safety of voters and electoral officials; and b: the need to ensure that the election process is free from corrupt or illegal practices; and c: the need to ensure that the election process is concluded in a timely and expeditious manner. Section 195C inserted 11 March 2020 section 17 Electoral Amendment Act 2020 195D: Deferral of release of information about result of preliminary count of votes at polling place if close of poll delayed 1: If, as a result of an unforeseen or unavoidable disruption, the close of the poll at any polling place is delayed, the Chief Electoral Officer must not disclose any information about the results of a preliminary count of votes cast at that polling place, or any other polling place, until the close of the poll at all polling places. 2: However, the Chief Electoral Officer may disclose that information if he or she considers that the disclosure of the information will not unduly influence— a: the overall result of the poll in an electoral district; or b: the number of seats in Parliament that a party is entitled to be allocated under sections 191 192 section 193 3: A person commits an offence and is guilty of a corrupt practice if— a: the person knows that,— i: as a result of an unforeseen or unavoidable disruption, the close of the poll at any polling place has been delayed; and ii: the Chief Electoral Officer has not disclosed the results of a preliminary count of votes cast at that polling place or any other polling place; and b: the person discloses information about those results. 4: Subsection (3) does not apply to disclosures of information between— a: electoral officials; or b: members of the Electoral Commission; or c: electoral officials and members of the Electoral Commission. Section 195D inserted 11 March 2020 section 17 Electoral Amendment Act 2020 195E: Interfering with or influencing voters at resumed poll If, under section 195A a: section 197(1)(i) and (j) b: section 197A i: references in that section to an advance voting place were references to the polling place at which polling has resumed; and ii: references in that section to a buffer zone for the advance voting place were references to the buffer zone for the polling place at which polling has resumed. Section 195E inserted 11 March 2020 section 17 Electoral Amendment Act 2020 Custody of ballot papers 196: Obligation of persons in possession of ballot papers 1: Every person who is, other than for the purpose of recording his or her vote, in possession of 1 or more ballot papers must— a: take all reasonable steps to ensure the safe custody of the ballot papers; and b: deal with the ballot papers in accordance with— i: any applicable provisions of this Act or regulations made under this Act; and ii: in the case of an electoral official or a polling place official, any applicable directions given under section 20A section 158A iii: in the case of a person involved in performing or assisting with the performance of a contract with an electoral official or a polling place official, the terms of the relevant contract and any instructions given by or on behalf of the official. 2: Subsection (1) applies to a person involved in performing or assisting with the performance of a contract for the carriage of ballot papers only if the person is aware of that fact or, because of indications on the box, parcel, or packet in which the ballot papers are contained, ought to be aware of the fact. 3: Whenever ballot papers are delivered to a Returning Officer by or on behalf of the printer who has printed the ballot papers,— a: the Returning Officer must give or send the printer a receipt specifying the total number of ballot papers received by the Returning Officer; and b: the printer must see that all copies of ballot papers other than those delivered to the Returning Officer are immediately destroyed. 4: Every person commits an offence and is liable on Section 196 substituted 28 February 2002 section 79 Electoral Amendment Act 2002 Section 196(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 196A: Unlawful possession of ballot paper 1: Every person is liable on 2: Every person commits an offence and is liable on Section 196A inserted 28 February 2002 section 79 Electoral Amendment Act 2002 Section 196A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 196A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences at elections 197: Interfering with or influencing voters 1: Every person commits an offence and shall be liable on $20,000 a: in any way interferes with any elector, either in the polling place place b: at any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever: c: at any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus: provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 i: any advertisement placed by the Electoral Commission ii: any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 iii: any news in relation to an election: d: at any time before the close of the poll, conducts in relation to the election a public opinion poll of persons voting before polling day: e: at any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election: f: at any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper g: at any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,— i: any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or ii: any statement advising or intended or likely to influence any elector to abstain from voting; or iii: any party name, emblem, slogan, or logo; or iv: any ribbons, streamers, rosettes, or items of a similar nature in party colours: provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before polling day: provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the election campaign and which is so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party or a member of Parliament’s out-of-Parliament office provided further that this paragraph shall not restrict the publication of any party name in any news which relates to an election and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in party colours or to a party lapel badge worn by any person (not being an electoral official): h: at any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper i: exhibits or leaves in any polling place j: subject to any regulations made under this Act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,— i: gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election: ii: permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election: k: in respect of an advance voting place or a buffer zone, as defined in section 197A(10) 2: It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that— a: the exhibition was inadvertent; and b: the defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a manager of the polling place 2A: It is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an Internet web site of a statement or other material specified in that paragraph, if the defendant proves that— a: the statement or material was placed on the web site before polling day; and b: the defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and c: the defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site. 2B: It is a defence to a prosecution for an offence against subsection (1)(k) that relates to the exhibition of a statement, name, emblem, slogan, or logo in an advance voting place or a buffer zone if the defendant proves that— a: the exhibition was inadvertent; and b: the defendant caused the exhibition to cease as soon as the defendant was notified by the Electoral Commission or a manager of the advance voting place that the exhibition was taking place. 3: Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act. 1956 No 107 s 127; 1990 No 1 s 65(1) Section 197(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 197(1) amended 20 December 2007 section 20 Electoral Amendment Act 2007 Section 197(1)(a) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 197(1)(c)(i) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 197(1)(f) amended 6 December 1995 section 69(1) Electoral Amendment Act (No 2) 1995 Section 197(1)(g) amended 21 March 2017 section 95(1) Electoral Amendment Act 2017 Section 197(1)(h) amended 6 December 1995 section 69(2) Electoral Amendment Act (No 2) 1995 Section 197(1)(i) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 197(1)(k) inserted 21 March 2017 section 95(2) Electoral Amendment Act 2017 Section 197(2)(b) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 197(2A) inserted 28 February 2002 section 80 Electoral Amendment Act 2002 Section 197(2B) inserted 21 March 2017 section 95(3) Electoral Amendment Act 2017 197A: Interfering with or influencing advance voters 1: A person must not do any of the things listed in subsection (2) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting. 2: A person must not— a: hold or take part in a demonstration or procession having direct or indirect reference to the poll; or b: make a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus; or c: exhibit, publish, distribute, or broadcast— i: a statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or ii: a statement advising or intended or likely to influence an elector to abstain from voting; or iii: a party name, emblem, slogan, or logo; or iv: any ribbons, streamers, rosettes, or items of a similar nature in party colours. 3: Despite subsections (1) and (2), a person may do the things allowed by subsections (4) to (7) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting. 4: A person may make a statement described in subsection (2)(b) if the statement is a publication by radio or television broadcast made by a broadcaster within the meaning of section 2 a: an advertisement placed by the Electoral Commission; or b: a non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 c: news that relates to an election. 5: A person may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)(c) if— a: the statement or thing does not relate specifically to the election campaign; and b: before the advance voting place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party. 6: A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official. 7: A person may wear a party lapel badge if the person is not an electoral official. 8: Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act. 9: The Electoral Commission may, at any time during the period when an advance voting place is maintained, cause to be removed or obliterated from the advance voting place or the buffer zone statements or things referred to in section 198(1)(a) to (c) 10: In this section,— advance voting place buffer zone entrance Section 197A inserted 21 March 2017 section 96 Electoral Amendment Act 2017 198: Power to remove statements, names, emblems, slogans, or logos 1: The Returning Officer may at any time on polling day before the close of the poll cause to be removed or obliterated— a: any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or b: any statement advising or intended or likely to influence any elector to abstain from voting; or c: any party name, emblem, slogan, or logo,— which is exhibited in or in view of any public place. 2: Nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in his or her party’s colours or to a party lapel badge worn by any person. 3: Nothing in subsection (1) shall apply to a statement, party name, emblem, slogan, or logo which does not relate specifically to the election campaign and which was so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party. 1956 No 107 s 127A(1)–(3); 1981 No 120 s 40(1); 1990 No 1 s 66 199: Recovery of expenses All expenses incurred by the Electoral Commission in exercising the powers conferred by sections 197A(9) 198(1) 1956 No 107 s 127A(4); 1981 No 120 s 40(1) Section 199 amended 21 March 2017 section 97 Electoral Amendment Act 2017 199A: Publishing false statements to influence voters 1: A person is guilty of a corrupt practice if the person, with the intention of influencing the vote of an elector,— a: first publishes or republishes a statement, during the specified period, that the person knows is false in a material particular; or b: arranges for the first publication or republication of a statement, during the specified period, that the person knows is false in a material particular. 2: Subsection (1) does not apply if— a: the statement was first published before the specified period and remains available or accessible within all or part of the specified period; but b: the person did not, during the specified period, by any means,— i: advertise or draw attention to the statement; or ii: promote or encourage any person to access the statement. 3: In this section,— publish a: including by— i: displaying on any medium: ii: distributing by any means: iii: delivering to an address: iv: leaving at a place: v: sending by post or otherwise: vi: printing in a newspaper or other periodical: vii: broadcasting by any means: viii: disseminating by means of the Internet or any other electronic medium: ix: storing electronically in a way that is accessible to the public: x: incorporating in a device for use with a computer: xi: inserting in a film or video; but b: excluding addressing 1 or more persons face to face specified period a: beginning 2 days immediately before polling day; and b: ending with the close of the poll. Section 199A replaced 21 March 2017 section 98 Electoral Amendment Act 2017 200: Erasing and altering official mark on ballot paper Every person shall be liable on 1956 No 107 s 129; 1990 No 1 s 67(1) Section 200 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 200 amended 6 December 1995 section 70 Electoral Amendment Act (No 2) 1995 201: Offences in respect of ballot papers and ballot boxes 1: Every person commits an offence against this section who— a: forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper b: without due authority supplies any ballot paper c: fraudulently puts into any ballot box any paper other than the ballot paper d: fraudulently takes out of a polling place e: without due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers 2: Every person who commits an offence against this section shall be liable on conviction a: if a Returning Officer or a polling place official in attendance at a polling place, to imprisonment for a term not exceeding 2 years: b: if any other person, to imprisonment for a term not exceeding 6 months. 3: Every person who attempts to commit any offence against this section shall be liable on conviction 4: Every person who commits an offence against this section or who attempts to commit an offence against this section is guilty of a corrupt practice. 1956 No 107 s 130; 1990 No 1 s 68 Section 201(1)(a) amended 6 December 1995 section 71(1) Electoral Amendment Act (No 2) 1995 Section 201(1)(b) amended 6 December 1995 section 71(1) Electoral Amendment Act (No 2) 1995 Section 201(1)(c) amended 6 December 1995 section 71(1) Electoral Amendment Act (No 2) 1995 Section 201(1)(d) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 201(1)(d) amended 6 December 1995 section 71(1) Electoral Amendment Act (No 2) 1995 Section 201(1)(e) amended 6 December 1995 section 71(2) Electoral Amendment Act (No 2) 1995 Section 201(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 201(2)(a) substituted 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 201(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 202: Property to be stated as being in Electoral Commission In any prosecution for an offence in relation to any ballot boxes, ballot papers, Electoral Commission 1956 No 107 s 131 Section 202 heading amended 21 March 2017 section 99(1) Electoral Amendment Act 2017 Section 202 amended 21 March 2017 section 99(2) Electoral Amendment Act 2017 Section 202 amended 6 December 1995 section 72 Electoral Amendment Act (No 2) 1995 203: Infringement of secrecy 1: Every electoral official, polling place official, scrutineer 2: No person, except for some purpose authorised by law, shall— a: interfere with or attempt to interfere with a voter when marking his or her vote: b: attempt to obtain in a polling place information as to the candidate for whom or the party for which a voter in the polling place is about to vote or has voted: c: communicate at any time to any person any information obtained in a polling place as to the candidate for whom or the party for which any voter at the polling place is about to vote or has voted, or as to the consecutive number on the ballot paper given to any voter at the polling place. 3: Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the candidate for whom or the party for which any vote is given in any particular ballot paper. 4: No person shall directly or indirectly induce any voter to display his or her ballot paper 1956 No 107 s 132(1)–(4); 1983 No 104 s 20 Section 203(1) amended 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 203(2)(b) substituted 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 203(2)(c) substituted 28 February 2002 section 101(1) Electoral Amendment Act 2002 Section 203(4) amended 6 December 1995 section 73(2) Electoral Amendment Act (No 2) 1995 204: Infringement of secrecy constitutes corrupt practice Every person who commits an offence against section 203 1956 No 107 s 132(5); 1990 No 1 s 69 6AA: Election advertising Part 6AA inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Interpretation provisions Heading inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204A: Interpretation In this Part, unless the context otherwise requires,— address a: in relation to an individual,— i: the full street address of the place where that individual usually lives; or ii: the full street address of any other place where that individual can usually be contacted between the hours of 9 am and 5 pm on any working day: b: in relation to a body corporate or unincorporated,— i: the full street address of the body's principal place of business; or ii: the full street address of the body's head office contact details a: address; and b: telephone numbers; and c: email address (if any) election advertisement section 3A promoter a: is published; or b: is to be published register section 204R registered promoter a: means a promoter who is registered under section 204N b: includes a promoter who at any time in the regulated period has been registered under section 204N unregistered promoter a: a registered promoter; or b: a constituency candidate; or c: a list candidate; or d: a party; or e: a person involved in the administration of— i: the affairs of a candidate in relation to the candidate's election campaign; or ii: the affairs of a party. Section 204A inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 1: General rules governing election advertisements Subpart 1 inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204B: Persons who may promote election advertisements 1: A person is entitled to promote an election advertisement if the person is— a: a party secretary: b: a candidate: c: a registered promoter: d: an unregistered promoter who does not incur advertising expenses exceeding $15,700 section 266A 2: The amount in subsection (1)(d) is inclusive of goods and services tax. 3: Every person who wilfully promotes an election advertisement without being entitled to do so under subsection (1) is guilty of an illegal practice. 2007 No 111 s 63(3), (4) Section 204B inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 204B(1)(d) amended 1 July 2023 clause 4 Electoral (Expenditure Limit) Order 2023 204C: Apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period 1: This section applies if an election advertisement that is promoted by an unregistered promoter— a: is published both before the commencement of the regulated period and during the regulated period; or b: is published before the commencement of the regulated period and continues to be published during the regulated period. 2: If this section applies,— a: the election advertisement is deemed to have been published during the regulated period; but b: the advertising expenses for the publication of the election advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. 3: Only the advertising expenses attributed to being incurred during the regulated period determined in accordance with subsection (2) are advertising expenses for the purposes of section 204B(1)(d) 1993 No 87 ss 205C, 206C Section 204C inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204D: Offence to avoid limit set out in section 204B(1)(d) 1: An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d) 2: A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d) 3: No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d) 4: Every person who wilfully contravenes subsection (1), (2), or (3) is guilty of an illegal practice. 2007 No 111 s 64 Section 204D inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204E: Obligation to retain records necessary to verify promoter's advertising expenses 1: This section applies to a promoter who— a: is an unregistered promoter: b: at any time during the regulated period has been an unregistered promoter. 2: A promoter to whom this section applies must take all reasonable steps to retain the records, documents, and accounts that are necessary to enable verification of the advertising expenses incurred as an unregistered promoter in relation to an election advertisement. 3: Subsection (2) applies until the close of the day that is 3 years after polling day for the election to which the advertisement relates. 4: Every promoter who fails, without reasonable excuse, to comply with subsection (2) commits an offence and is liable on Section 204E inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 204E(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 204F: Election advertisement to include promoter statement 1: A person may publish or cause or permit to be published an election advertisement only if the advertisement includes a promoter statement. 2: A promoter statement referred to in subsection (1) must state the name and address of the promoter of the election advertisement. 3: If the promoter is a registered promoter, the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register. 4: If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter. 5: If the election advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement. 6: If the election advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement. 7: A person who wilfully contravenes any of subsections (1) to (6) is guilty of an illegal practice. 1993 No 87 s 221(2)(b), (3)(b), (4) (pre-1 January 2011) Section 204F inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204G: Publication of candidate advertisement promoting candidate 1: A person may publish or cause or permit to be published a candidate advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a constituency candidate only if the publication of the advertisement is authorised in writing by the candidate. 2: A person may publish or cause or permit to be published an election advertisement comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the publication of the advertisement is authorised in writing by each of the candidates. 3: A person who wilfully contravenes subsection (1) or (2) is guilty of an illegal practice. 1993 No 87 s 221(1)(a), (2)(a), (4), (5) (pre-1 January 2011) Section 204G inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204H: Publication of party advertisement promoting party 1: A person may publish or cause or permit to be published a party advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a party only if the publication of the advertisement is authorised in writing by the party secretary. 2: A person who wilfully contravenes subsection (1) is guilty of an illegal practice. 1993 No 87 s 221(1)(b), (3), (4), (5) (pre-1 January 2011) Section 204H inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204I: Electoral Commission to provide advice on application of definition of election advertisement 1: Any person (a requestor 2: A request made under subsection (1) must be accompanied by the advertisement in the form required by the Electoral Commission. 3: On receipt of a request under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, provide an opinion to the requestor. 4: During the period specified in subsection (6), the Electoral Commission must treat the following documents as confidential: a: an advertisement received under subsection (2): b: any supporting material made available by the requestor to the Electoral Commission: c: advice given by the Electoral Commission to a requestor under subsection (3). 5: Notwithstanding subsection (4), the Electoral Commission may, upon request or on its own initiative, make available to the New Zealand Police copies of the documents referred to in that subsection to assist with the investigation or prosecution of any offence or suspected offence relating to an election. 6: The period specified for the purposes of subsection (4) is, in relation to a document, the period that— a: begins on the day the Electoral Commission receives the document; and b: ends on the day after the day for the return of the writ for the election to which the advertisement relates. 7: Subsection (4) overrides the Official Information Act 1982 Privacy Act 2020 Section 204I inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 204I(7) amended 1 December 2020 section 217 Privacy Act 2020 204J: Duty of Electoral Commission to report suspected offences 1: If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police. 2: Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. Section 204J inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 2: Registered promoters Subpart 2 inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204K: Promoters eligible to be registered A promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not— a: a constituency candidate: b: a list candidate: c: a party: d: an overseas person as defined in section 207(2) e: a person involved in the administration of— i: the affairs of a candidate in relation to the candidate's election campaign; or ii: the affairs of a party. 2007 No 111 s 13 Section 204K inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 204K(d) amended 1 January 2020 section 4 Electoral Amendment Act 2019 204L: Application for registration 1: An application to be a registered promoter must be made to the Electoral Commission and made,— a: if the promoter is an individual, by that individual; or b: if the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or c: if the promoter is not an individual or a company, by the promoter's representative who is duly authorised by the promoter to make the application. 2: An application to be a registered promoter must be made in the form required by the Electoral Commission and set out— a: the name and contact details of— i: the promoter; and ii: the person described in subsection (1)(b) or (c) who made the application, if the promoter is not an individual; and b: the names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and c: the names of the trustees, if the promoter is a trust. 3: An application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c). 2007 No 111 s 15(2), (3)(a) Section 204L inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204M: Grounds on which application for registration must be refused The Electoral Commission must refuse an application by a promoter to be registered if— a: the application does not comply with section 204L b: the Electoral Commission is not satisfied that the promoter is eligible under section 204K c: the name of the promoter is— i: indecent or offensive; or ii: likely to cause confusion or mislead electors. 1993 No 87 s 65(a), (c); 2007 No 111 s 17(1)(a), (c) Section 204M inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204N: Electoral Commission's decision on application 1: If there are no grounds under section 204M a: register the promoter; and b: notify the person who made the application of the date of registration of the promoter. 2: If there are grounds under section 204M a: refuse the application; and b: notify the person who made the application of the refusal and the reasons. 2007 No 111 s 18 Section 204N inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204O: Obligation to notify Electoral Commission of change in contact details A registered promoter must give written notice to the Electoral Commission of any change in the information provided under section 204L(2) 2007 No 111 s 19(1) Section 204O inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204P: Cancellation of registration 1: The Electoral Commission must cancel the registration of a promoter if— a: the Electoral Commission is satisfied that the promoter is not eligible to be registered; or b: the promoter— i: requests that it do so; and ii: has not incurred expenses in relation to election advertisements that exceed the amount specified in section 204B(1)(d) 2: If the Electoral Commission cancels the registration of a promoter under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of the cancellation, give the promoter written notice of— a: the cancellation; and b: the reason for the cancellation. 2007 No 111 s 20 Section 204P inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204Q: Expiry of registration Unless earlier cancelled under section 204P Section 204Q inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204R: Establishment of register 1: The Electoral Commission must establish and maintain a register of registered promoters. 2: The Electoral Commission must enter in the register in respect of every registered promoter— a: the name of the registered promoter; and b: the address of the registered promoter; and c: the names of the persons set out in the promoter's application, if any, provided under section 204L(2)(a)(ii), (b), and (c) 3: The Electoral Commission may enter in the register any other information that the Electoral Commission considers necessary or desirable for the purposes of the register. Section 204R inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204S: Purposes of register The purposes of the register are— a: to enable members of the public to ascertain— i: whether a person is a registered promoter and, if so, the address of that person; and ii: whether an election advertisement is promoted by a registered promoter; and b: to assist with the enforcement of the provisions of this Part. Section 204S inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204T: Form of register The register may be kept— a: as an electronic register (for example, on the Electoral Commission's Internet site); or b: in any other manner that the Electoral Commission thinks fit. Section 204T inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204U: Alterations to register The Electoral Commission may at any time make any amendments to the register that are necessary to— a: reflect any changes in the information referred to in section 204O b: correct any error or omission on the part of the Electoral Commission or any person to whom the Electoral Commission has delegated its functions, duties, or powers. Section 204U inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204V: Register to be public The Electoral Commission must— a: make the register available for public inspection at its office during ordinary office hours, without fee; and b: supply to a person copies of all or part of the register on request, subject to the payment of any charges that may be made under the Official Information Act 1982 Section 204V inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204W: Search of register A person may search the register for a purpose set out in section 204S Section 204W inserted 1 January 2011 section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 204X: When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out for a purpose specified in section 204S section 69 Section 204X replaced 1 December 2020 section 217 Privacy Act 2020 6A: Election expenses, donations, and annual financial statements Part 6A inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Part 6A heading replaced 1 January 2023 section 28 Electoral Amendment Act 2022 1: Election expenses of candidates Subpart 1 inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Subpart 1 heading substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205: Interpretation and application 1: In this subpart, unless the context otherwise requires,— advertising expenses section 3E candidate advertisement section 3(1) election advertisement section 3A election expenses a: means the advertising expenses incurred in relation to a candidate advertisement that— i: is published, or continues to be published, during the regulated period; and ii: is promoted by— A: the candidate; or B: any person (including a registered promoter) authorised by the candidate; and b: includes— i: any election expense of an election advertisement that is apportioned to a candidate under section 205E 205EA ii: as required by section 40 A: a candidate advertisement; and B: a referendum advertisement (within the meaning of section 31 party advertisement section 3(1) 2: For the purposes of the definition of election expenses 3: Nothing in sections 205K to 205R Section 205 substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205A: Persons who may incur election expenses in relation to candidate advertisement An election expense in relation to a candidate advertisement may only be incurred by— a: a candidate; or b: a party secretary in relation to an election advertisement described in section 205EA c: a promoter authorised by the candidate under section 204G Section 205A substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205B: Offence to incur unauthorised election expense Every person is guilty of— a: a corrupt practice who wilfully contravenes section 205A b: an illegal practice who contravenes section 205A 2007 No 111 s 75 Section 205B substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205C: Maximum amount of candidate's total election expenses 1: The total election expenses of a candidate in respect of any regulated period must not exceed— a: $32,600 section 266A b: $65,200 section 266A 2: The amounts in subsection (1) are inclusive of goods and services tax. 1993 No 87 s 205B (pre-1 January 2011) Section 205C substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 205C(1)(a) amended 1 July 2023 clause 5(1) Electoral (Expenditure Limit) Order 2023 Section 205C(1)(b) amended 1 July 2023 clause 5(2) Electoral (Expenditure Limit) Order 2023 205D: Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period 1: This section applies if a candidate advertisement— a: is published both before the commencement of the regulated period and during the regulated period; or b: is published before the commencement of the regulated period and continues to be published during the regulated period. 2: If this section applies,— a: the candidate advertisement is deemed to have been published during the regulated period; but b: the advertising expenses for the publication of the candidate advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. 3: Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 1993 No 87 s 205C (pre-1 January 2011) Section 205D substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205E: Apportionment of election expenses of election advertisement between candidates 1: This section applies if an election advertisement comprises 2 or more candidate advertisements. 2: If this section applies, the election expenses of the election advertisement must be apportioned among the candidates in proportion to the coverage the advertisement provides to each candidate. 3: For the purposes of this section,— a: election expenses of the election advertisement b: the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement. 4: Only the expenses apportioned to a candidate in accordance with this section are election expenses of that candidate. 1993 No 87 s 205D (pre-1 January 2011) Section 205E substituted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205EA: Apportionment of election expenses of election advertisement between candidate and party 1: This section applies if an election advertisement comprises both— a: a candidate advertisement; and b: a party advertisement. 2: If this section applies, the election expenses of the election advertisement must be apportioned between the candidate and the party in proportion to the coverage the advertisement provides to the candidate and to the party. 3: For the purposes of this section,— a: election expenses of the election advertisement b: the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement. 4: Only the expenses apportioned to the candidate in accordance with this section are election expenses of the candidate. Section 205EA inserted 1 January 2011 section 8 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205F: Offence to pay election expenses in excess of prescribed maximum 1: This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 205C 2: The candidate or other person is guilty of— a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 3: Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 205C 1993 No 87 s 213(3) (pre-20 December 2007); 2007 No 111 s 81 Section 205F inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205F(1) amended 17 August 2011 section 21 Electoral (Administration) Amendment Act 2011 Section 205F(3) added 1 January 2011 section 9 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205G: Periods for claiming and paying candidate's election expenses 1: A claim for any election expenses against a candidate section 179(2) 2: A claim that is sent to a candidate in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise. 3: A person who makes a payment in breach of this section is guilty of an illegal practice. 4: This section is subject to sections 205H 205I 1993 No 87 s 206 (pre-20 December 2007); 2007 No 111 s 82 Section 205G(1) amended 1 January 2011 section 10 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 205G inserted 1 March 2009 section 6 Electoral Amendment Act 2009 205H: Procedure if claim disputed 1: If a candidate, in the case of a claim for election expenses sent to a candidate within the period specified in section 205G(1) a: the claim is to be treated as a disputed claim; and b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. 2: Any sum paid by the candidate in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 205G(2) 1993 No 87 s 207 (pre-20 December 2007); 2007 No 111 s 83 Section 205H inserted 1 March 2009 section 6 Electoral Amendment Act 2009 205I: Leave to pay claim after time limitation 1: On the application of a claimant or a candidate, the District Court a: a claim for election expenses sent after the period specified in section 205G(1) b: a claim not paid in the period specified in section 205G(2) c: a disputed claim in respect of which an action was not brought within the period specified in section 205H(1)(b) 2: Any sum paid by the candidate in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 205G(2) 1993 No 87 s 208 (pre-20 December 2007); 2007 No 111 s 84 Section 205I inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205I(1) amended 1 March 2017 section 261 District Court Act 2016 205J: Invoice and receipt required for election expenses of $50 or more Every payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt. 1993 No 87 s 209 (pre-20 December 2007); 2007 No 111 s 85 Section 205J inserted 1 March 2009 section 6 Electoral Amendment Act 2009 205K: Return of candidate's election expenses 1: Within 70 working days after polling day, a candidate must file a return of election expenses with the Electoral Commission 2: A return under subsection (1) must be in the form required by the Electoral Commission 1993 No 87 s 210(1)(a), (2) (pre-20 December 2007); 2007 No 111 s 86 Section 205K inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205K(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 205K(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 205L: Nil return If a candidate considers that there is no relevant information to disclose under section 205K 2007 No 111 s 87 Section 205L inserted 1 March 2009 section 6 Electoral Amendment Act 2009 205M: Return may be filed after time limitation if candidate outside New Zealand 1: This section applies to a candidate who is outside New Zealand on the day on which the declaration required by section 179(2) ( election result day 2: The candidate must file a return of election expenses with the Electoral Commission within 85 working days after election result day. 3: A return filed by the candidate in accordance with subsection (2) is deemed to be filed within the time period specified in section 205K(1) 1993 No 87 s 210(3) (pre-20 December 2007) Section 205M inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205M(1) amended 25 March 2014 section 29(1) Electoral Amendment Act 2014 Section 205M(2) replaced 25 March 2014 section 29(2) Electoral Amendment Act 2014 Section 205M(2) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 205N: Offences relating to return of candidate's election expenses 1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 205K late period 1A: A candidate is guilty of a corrupt practice who, without reasonable excuse,— a: files a return of election expenses under section 205K b: fails to file a return of election expenses under section 205K 2: A candidate who files a return under section 205K a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the candidate proves that— i: he or she had no intention to misstate or conceal the facts; and ii: he or she took all reasonable steps in the circumstances to ensure that the information was accurate. 3: A person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b). 1993 No 87 s 210(4)–(6) (pre-20 December 2007); 2007 No 111 s 88 Section 205N inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205N(1) replaced 25 March 2014 section 30 Electoral Amendment Act 2014 Section 205N(1A) inserted 25 March 2014 section 30 Electoral Amendment Act 2014 205O: Obligation to retain records necessary to verify return of candidate's election expenses 1: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 205K 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 89 Section 205O inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205O(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 205P: Duty of Electoral Commission 1: If the Electoral Commission Electoral Commission 2: Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. 1993 No 87 s 210(8) (pre-20 December 2007); 2007 No 111 s 90 Section 205P inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 205P heading amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 205P(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 205P(2) added 1 January 2011 section 11 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 205Q: Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission Section 205Q repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 205R: Return of candidate's election expenses to be publicly available 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 205K 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 205K 3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982 Section 205R substituted 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 205S: Unlawful use of public money not validated Nothing in this subpart validates any use of public money that would otherwise be unlawful. 1993 No 87 s 213(5) Section 205S inserted 1 March 2009 section 6 Electoral Amendment Act 2009 2: Election expenses of parties Subpart 2 inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Subpart 2 heading substituted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206: Interpretation 1: In this subpart,— advertising expenses section 3E allocation section 79 candidate advertisement section 3(1) election advertisement section 3A election expenses a: means the advertising expenses incurred in relation to a party advertisement that— i: is published, or continues to be published, during the regulated period; and ii: is promoted by— A: the party secretary; or B: any person (including a registered promoter) authorised by the party secretary; and b: includes— i: any election expense of an election advertisement that is apportioned to a party under section 206CB 206CC ii: as required by section 40 A: a party advertisement; and B: a referendum advertisement (within the meaning of section 31 c: excludes the costs referred to in section 74(1) section 79 party advertisement section 3(1) 2: For the purposes of the definition of election expenses Section 206 substituted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 206(1) allocation inserted 21 March 2017 section 100 Electoral Amendment Act 2017 Section 206(1) election expenses replaced 21 March 2017 section 7 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 206A: Persons who may incur election expenses in relation to party advertisement An election expense in relation to a party advertisement may only be incurred by— a: the party secretary; or b: a candidate in relation to an election advertisement described in section 206CC c: a promoter authorised by the party secretary under section 204H Section 206A substituted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206B: Offence to incur unauthorised election expense Every person is guilty of— a: a corrupt practice who wilfully contravenes section 206A b: an illegal practice who contravenes section 206A Section 206B substituted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206C: Maximum amount of party's total election expenses 1: If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed— a: $1,388,000 section 266A b: $32,600 section 266A 2: If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed $32,600 3: The amounts in subsections (1) and (2) are inclusive of goods and services tax. 1993 No 87 s 206B (pre-1 January 2011) Section 206C substituted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 206C(1)(a) amended 1 July 2023 clause 6(1) Electoral (Expenditure Limit) Order 2023 Section 206C(1)(b) amended 1 July 2023 clause 6(2) Electoral (Expenditure Limit) Order 2023 Section 206C(2) amended 1 July 2023 clause 6(3) Electoral (Expenditure Limit) Order 2023 206CA: Apportionment of advertising expenses for publication of party advertisement both before and during regulated period 1: This section applies if a party advertisement— a: is published both before the commencement of the regulated period and during the regulated period; or b: is published before the commencement of the regulated period and continues to be published during the regulated period. 2: If this section applies,— a: the party advertisement is deemed to have been published during the regulated period; but b: the advertising expenses for the publication of the party advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. 3: Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 1993 No 87 s 206C (pre-1 January 2011) Section 206CA inserted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206CB: Apportionment of election expenses of election advertisement between parties 1: This section applies if an election advertisement comprises 2 or more party advertisements. 2: If this section applies, the election expenses of the election advertisement must be apportioned among the parties in proportion to the coverage the advertisement provides to each party. 3: For the purposes of this section,— a: election expenses of the election advertisement b: the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement. 4: Only the expenses apportioned to a party in accordance with this section are election expenses of that party. Section 206CB inserted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206CC: Apportionment of election expenses of election advertisement between party and candidate 1: This section applies if an election advertisement comprises both— a: a party advertisement; and b: a candidate advertisement. 2: If this section applies, the election expenses of the election advertisement must be apportioned between the party and the candidate in proportion to the coverage the advertisement provides to the party and to the candidate. 3: For the purpose of this section,— a: election expenses of the election advertisement b: the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement. 4: Only the expenses apportioned to the party in accordance with this section are election expenses of the party. Section 206CC inserted 1 January 2011 section 12 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206D: Offence to pay election expenses in excess of prescribed maximum 1: This section applies to any person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 206C 2: The person is guilty of— a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 3: Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 206C 1993 No 87 s 214B(3) (pre-20 December 2007); 2007 No 111 s 101 Section 206D inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206D(1) amended 17 August 2011 section 22 Electoral (Administration) Amendment Act 2011 Section 206D(3) added 1 January 2011 section 13 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206E: Periods for claiming and paying party's election expenses 1: A claim for any election expenses against a party is recoverable only if it is sent to the party secretary within 20 working days after the day on which the declaration required by section 193(5) 2: A claim that is sent to the party secretary in accordance with subsection (1) must be paid within 40 working days after the day on which the declaration required by section 193(5) 3: A person who makes a payment in breach of this section is guilty of an illegal practice. 4: This section is subject to sections 206F 206G 1993 No 87 s 214BA (pre-20 December 2007); 2007 No 111 s 102 Section 206E inserted 1 March 2009 section 6 Electoral Amendment Act 2009 206F: Procedure if claim disputed 1: If a party, in the case of a claim for any election expenses sent to the party secretary within the period specified in section 206E(1) a: the claim is to be treated as a disputed claim; and b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. 2: Any sum paid by the party in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206E(2) 1993 No 87 s 214BB (pre-20 December 2007); 2007 No 111 s 103 Section 206F inserted 1 March 2009 section 6 Electoral Amendment Act 2009 206G: Leave to pay claim after time limitation 1: On the application of a claimant or a party, the District Court a: a claim for election expenses sent after the period specified in section 206E(1) b: a claim not paid in the period specified in section 206E(2) c: a disputed claim in respect of which an action was not brought within the period specified in section 206F(1)(b) 2: Any sum paid by the party in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206E(2) 1993 No 87 s 214BC (pre-20 December 2007); 2007 No 111 s 104 Section 206G inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206G(1) amended 1 March 2017 section 261 District Court Act 2016 206H: Invoice and receipt required for election expenses of $100 or more Every payment made in respect of any election expenses of a party, other than a payment that is less than $100, must be vouched by an invoice stating the particulars and by a receipt. 1993 No 87 s 214BD (pre-20 December 2007); 2007 No 111 s 105 Section 206H inserted 1 March 2009 section 6 Electoral Amendment Act 2009 206I: Return of party's election expenses 1: Within 90 working days after polling day, a party secretary must file a return of the party's election expenses with the Electoral Commission. 2: The return must be— a: in the form required by the Electoral Commission; and b: accompanied by an auditor's report obtained under section 206L 1993 No 87 s 214C(1) (pre-20 December 2007); 2007 No 111 s 106 Section 206I inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206I(1) replaced 25 March 2014 section 31 Electoral Amendment Act 2014 206IA: Return of party’s allocation expenses 1: Within 90 days after polling day for a general election, a party secretary must file with the Electoral Commission a return of expenses incurred by the party that have been funded from the party’s allocation. 2: The return must be in a form approved by the Electoral Commission and include details of— a: the amount of the party’s allocation; and b: all accounts sent by the party to the Electoral Commission under section 80B(1) 3: The return must be accompanied by an auditor’s report obtained under section 206LA Section 206IA inserted 21 March 2017 section 101 Electoral Amendment Act 2017 206J: Appointment of auditor for party 1: A party must appoint an auditor. 2: On the registration of a party under section 67 section 63(2)(c)(v) 3: A party must without delay appoint another auditor if the auditor appointed by the party under subsection (1) or taken to have been appointed under subsection (2)— a: does not, for any reason, commence to hold office; or b: ceases to hold office; or c: becomes ineligible to hold office. 4: If at any time a party appoints a new auditor under subsection (3), the party must— a: notify the Electoral Commission; and b: send to the Electoral Commission— i: the name, address, and contact details of the new auditor; and ii: the new auditor's signed consent to the appointment. 1993 No 87 ss 67(3)(f), 214D(1), (2A), (3) 2007 No 111 s 10 Section 206J inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206J compare note amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 206K: Persons eligible to be appointed as auditor A person is eligible to be appointed as an auditor under section 206J a: a constituency candidate; or b: a list candidate; or c: an employee or partner of a person referred to in paragraph (a) or (b); or d: an officer or employee of a party; or e: a body corporate that— i: is not a registered audit firm (within the meaning of the Auditor Regulation Act 2011 ii: is not recognised as referred to in section 36(1)(f) or (g) f: a person who, by virtue of section 36(1) g: a Returning Officer. 1993 No 87 s 214D(2) (pre-20 December 2007); 2007 No 111 s 12 Section 206K inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206K(e) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 206K(f) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 206L: Auditor's report on return of party's election expenses 1: A party secretary must, before the Electoral Commission receives the return required by section 206I section 206J 2: The auditor must state in the report— a: the position shown by the return in respect of the requirement that the party’s total election expenses not exceed the maximum amount prescribed by section 206C b: either— i: whether, in the auditor’s opinion, the position stated under paragraph (a) is correct; or ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct. 3: The auditor must make any examinations that the auditor considers necessary. 4: The auditor must specify in the report any case in which— a: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties; or b: proper records of the party’s election expenses have not, in the auditor’s opinion, been kept by the party secretary. 5: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the party’s election expenses and that are held by the party or the party secretary; and b: may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 1993 No 87 s 214E (pre-20 December 2007); 2007 No 111 s 107 Section 206L inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206L(2)(a) amended 17 August 2011 section 23 Electoral (Administration) Amendment Act 2011 206LA: Auditor’s report on return of party’s allocation expenses 1: A party secretary must arrange for the auditor appointed under section 206J section 206IA 2: The auditor must make any examinations that the auditor considers necessary. 3: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the expenses funded from the party’s allocation; and b: may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. Section 206LA inserted 21 March 2017 section 102 Electoral Amendment Act 2017 206M: Nil return If a party secretary considers that there is no relevant information to disclose under section 206I 1993 No 87 s 214K (pre-20 December 2007); 2007 No 111 s 108 Section 206M inserted 1 March 2009 section 6 Electoral Amendment Act 2009 206N: Offences relating to return of party's election expenses and return of party’s allocation expenses 1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return late period 1A: A party secretary is guilty of a corrupt practice if the party secretary, without reasonable excuse,— a: files a return after the late period; or b: fails to file a return. 2: A party secretary who files a return a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the party secretary proves that— i: he or she had no intention to misstate or conceal the facts; and ii: he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 3: A person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b). 4: In this section, return a: a return of election expenses required to be filed under section 206I b: a return of allocation expenses required to be filed under section 206IA 1993 No 87 s 214C(2)–(4) (pre-20 December 2007); 2007 No 111 s 109 Section 206N inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206N heading amended 21 March 2017 section 103(1) Electoral Amendment Act 2017 Section 206N(1) replaced 25 March 2014 section 32 Electoral Amendment Act 2014 Section 206N(1) amended 21 March 2017 section 103(2) Electoral Amendment Act 2017 Section 206N(1A) replaced 21 March 2017 section 103(3) Electoral Amendment Act 2017 Section 206N(2) amended 21 March 2017 section 103(4) Electoral Amendment Act 2017 Section 206N(4) inserted 21 March 2017 section 103(5) Electoral Amendment Act 2017 206O: Obligation to retain records necessary to verify return of party's election expenses 1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 206I 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 110 Section 206O inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206O(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 206P: Duty of Electoral Commission 1: If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police. 2: Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. 1993 No 87 s 214C(6) (pre-20 December 2007); 2007 No 111 s 111 Section 206P inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206P(2) added 1 January 2011 section 14 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206Q: Return of party's election expenses and return of party’s allocation expenses 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return and every accompanying auditor's report filed under section 206I or 206IA 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1). 3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982 1993 No 87 s 214J(1), (2)(a) 2007 No 111 s 112 Section 206Q inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 206Q heading amended 21 March 2017 section 104(1) Electoral Amendment Act 2017 Section 206Q(1) amended 21 March 2017 section 104(2) Electoral Amendment Act 2017 Section 206Q compare note amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 206R: Unlawful use of public money not validated Nothing in this subpart validates any use of public money that would otherwise be unlawful. 1993 No 87 s 214B(5) (pre-20 December 2007) Section 206R inserted 1 March 2009 section 6 Electoral Amendment Act 2009 2A: Election expenses of registered promoters Subpart 2A inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206S: Interpretation 1: In this subpart,— advertising expenses section 3E election advertisement section 3A election expenses a: means the advertising expenses incurred in relation to an election advertisement that— i: is published, or continues to be published, during the regulated period; and ii: is promoted by the registered promoter; and b: includes, as required by section 40 i: an election advertisement; and ii: a referendum advertisement (within the meaning of section 31 registered promoter section 204A 2: For the purposes of the definition of election expenses Section 206S inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206T: Persons who may incur election expenses in relation to election advertisement promoted by registered promoter An election expense in relation to an election advertisement promoted by a registered promoter may only be incurred by— a: the registered promoter; or b: a person authorised by the registered promoter. Section 206T inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206U: Offence to incur unauthorised election expense Every person is guilty of— a: a corrupt practice who wilfully contravenes section 206T b: an illegal practice who contravenes section 206T 2007 No 111 s 117(1) Section 206U inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206V: Maximum amount of registered promoter's total election expenses 1: The total election expenses of a registered promoter in respect of any regulated period must not exceed $391,000 section 266A 2: The amount in subsection (1) is inclusive of goods and services tax. Section 206V inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 206V(1) amended 1 July 2023 clause 7 Electoral (Expenditure Limit) Order 2023 206W: Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period 1: This section applies if an election advertisement that is promoted by a registered promoter— a: is published both before the commencement of the regulated period and during the regulated period; or b: is published before the commencement of the regulated period and continues to be published during the regulated period. 2: If this section applies,— a: the election advertisement is deemed to have been published during the regulated period; but b: the advertising expenses for the publication of the election advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. 3: Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 2007 No 111 s 119 Section 206W inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206X: Offence to pay election expenses in excess of prescribed maximum 1: This section applies to any registered promoter or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by section 206V 2: The registered promoter or other person is guilty of— a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 3: Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing the maximum amount prescribed in section 206V 2007 No 111 s 122 Section 206X inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206Y: Periods for claiming and paying registered promoter's election expenses 1: A claim for any election expenses against a registered promoter is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2) 2: A claim that is sent to a registered promoter in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise. 3: A person who makes a payment in breach of this section is guilty of an illegal practice. 4: This section is subject to sections 206Z 206ZA 2007 No 111 s 82 Section 206Y inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206Z: Procedure if claim disputed 1: If a registered promoter, in the case of a claim for election expenses sent to a registered promoter within the period specified in section 206Y(1) a: the claim is to be treated as a disputed claim; and b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. 2: Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206Y(2) 2007 No 111 s 83 Section 206Z inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206ZA: Leave to pay claim after time limitation 1: On the application of a claimant or a registered promoter, the District Court a: a claim for election expenses sent after the period specified in section 206Y(1) b: a claim not paid in the period specified in section 206Y(2) c: a disputed claim in respect of which an action was not brought within the period specified in section 206Z(1)(b) 2: Any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206Y(2) 2007 No 111 s 84 Section 206ZA inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 206ZA(1) amended 1 March 2017 section 261 District Court Act 2016 206ZB: Invoice and receipt required for election expenses of $50 or more 1: Every payment made in respect of any election expenses of a registered promoter must be vouched by an invoice stating the particulars, and by a receipt. 2: Subsection (1) does not apply to a payment less than $50. Section 206ZB inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206ZC: Return of registered promoter's election expenses 1: This section applies to a registered promoter whose total election expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax). 2: Within 70 working days after polling day, the registered promoter must file a return of election expenses with the Electoral Commission. 3: If the registered promoter is not an individual or a company, the return must be filed by the registered promoter's representative who is duly authorised to file the return. 4: A return filed under subsection (2) must be in the form required by the Electoral Commission. Section 206ZC inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206ZD: Electoral Commission may require auditor's report on return of registered promoter's election expenses 1: If the Electoral Commission has reasonable grounds to believe that a return filed under section 206ZC 2: The auditor must state in the report— a: the position shown by the return in respect of the requirement that the registered promoter's total election expenses must not exceed the maximum amount prescribed by section 206V b: either— i: whether, in the auditor's opinion, the position stated under paragraph (a) is correct; or ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct. 3: The auditor must make any examinations that the auditor considers necessary. 4: The auditor must specify in the report any case in which— a: the auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or b: proper records of the registered promoter's election expenses have not, in the auditor's opinion, been kept by the registered promoter. 5: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter's election expenses and that are held by the registered promoter; and b: may require the registered promoter to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. 2007 No 111 s 128 Section 206ZD inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206ZE: Offences relating to return of registered promoter's election expenses 1: A registered promoter commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206ZC late period 1A: A registered promoter is guilty of a corrupt practice who, without reasonable excuse,— a: files a return of election expenses under section 206ZC b: fails to file a return of election expenses under section 206ZC 2: A registered promoter who files a return under section 206ZC a: a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular: b: an illegal practice in any other case unless the registered promoter proves that— i: he or she had no intention to misstate or conceal the facts; and ii: he or she took all reasonable steps in the circumstances to ensure that the information was accurate. 3: If the registered promoter is not an individual or a company, the registered promoter's representative who files the return in accordance with section 206ZC(3) 4: Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2). 2007 No 111 s 130 Section 206ZE inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 206ZE(1) replaced 25 March 2014 section 33 Electoral Amendment Act 2014 Section 206ZE(1A) inserted 25 March 2014 section 33 Electoral Amendment Act 2014 206ZF: Obligation to retain records necessary to verify return of registered promoter's election expenses 1: A registered promoter must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return filed under section 206ZC 2: A registered promoter who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 2007 No 111 s 131 Section 206ZF inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 206ZF(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 206ZG: Duty of Electoral Commission 1: If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police. 2: Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. 2007 No 111 s 132 Section 206ZG inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 206ZH: Return of registered promoter's election expenses to be publicly available 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 206ZC 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 206ZC 3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982 2007 No 111 s 133 Section 206ZH inserted 1 January 2011 section 15 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 3: General provisions relating to donations Subpart 3 inserted 1 March 2009 section 6 Electoral Amendment Act 2009 207: Interpretation 1: In this subpart, unless the context otherwise requires, donation a: a candidate donation; or b: a party donation. 2: In this subpart and subparts 4 to 6 anonymous a: in relation to a candidate donation, means a donation that is made in such a way that the candidate who receives the donation— i: does not know the identity of the donor; and ii: could not, in the circumstances, reasonably be expected to know the identity of the donor: b: in relation to a party donation, means a donation that is made in such a way that the party secretary who receives the donation— i: does not know the identity of the donor; and ii: could not, in the circumstances, reasonably be expected to know the identity of the donor candidate donation a: includes,— i: where goods or services are provided by a New Zealand person $300 ia: where goods or services are provided by an overseas person to a candidate, or to any person on the candidate’s behalf, under a contract or an arrangement at a value less than their reasonable market value, the latter being a value that exceeds $50, the amount of the difference between the former value and the reasonable market value of those goods and services; and ii: where goods or services are provided by a candidate under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and iii: where credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but b: excludes,— i: the labour of any person that is provided to a candidate free of charge by that person; and ii: goods or services provided by a New Zealand person iii: goods or services provided by an overseas person free of charge to a candidate, or to any person on the candidate’s behalf, that have a reasonable market value of $50 or less contribution a: was given— i: to the donor; or ii: to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through one or more intermediaries, trustees, or nominees); and b: would have been a donation if it had been given directly to the candidate or party; and c: was given in the knowledge or expectation (whether by reference to a trust, agreement, or understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor a: beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or b: provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions donor New Zealand person overseas person a: an individual who— i: resides outside New Zealand; and ii: is not a New Zealand citizen or registered as an elector; or b: a body corporate incorporated outside New Zealand; or c: an unincorporated body that has its head office or principal place of business outside New Zealand party donation aaa: means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to— i: a party; or ii: any person or body of persons if there are reasonable grounds to believe that the donation is intended for the benefit of the party; and a: includes,— i: where goods or services are provided by a New Zealand person $1,500 ia: where goods or services are provided by an overseas person to a party, or to any person on the party’s behalf, under a contract or an arrangement at a value less than their reasonable market value, the latter being a value that exceeds $50, the amount of the difference between the former value and the reasonable market value of those goods or services; and ii: where goods or services are provided by a party under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and iii: where credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but b: excludes— i: the labour of any person that is provided to a party free of charge by that person; and ii: goods or services provided by a New Zealand person iia: goods or services provided by an overseas person free of charge to a party, or to any person on the party’s behalf, that have a reasonable market value of $50 or less; and iii: any candidate donation that is included in a return made by a candidate under section 209 receive a: the donor directly; or b: the donor indirectly, via a transmitter transmitter 3: For the purposes of sections 207B 207C 207E 207G 207I 210C a: donation section 208 b: party donation section 208 2007 No 111 s 21 Section 207 substituted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207(2) candidate donation amended 1 January 2020 section 5(1) Electoral Amendment Act 2019 Section 207(2) candidate donation amended 1 January 2011 section 16(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207(2) candidate donation inserted 1 January 2020 section 5(2) Electoral Amendment Act 2019 Section 207(2) candidate donation substituted 1 January 2011 section 16(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207(2) candidate donation amended 1 January 2020 section 5(3) Electoral Amendment Act 2019 Section 207(2) candidate donation inserted 1 January 2020 section 5(4) Electoral Amendment Act 2019 Section 207(2) New Zealand person inserted 1 January 2020 section 5(5) Electoral Amendment Act 2019 Section 207(2) overseas person inserted 1 January 2020 section 5(5) Electoral Amendment Act 2019 Section 207(2) party donation amended 1 January 2023 section 4(1) Electoral Amendment Act 2022 Section 207(2) party donation inserted 1 January 2023 section 4(2) Electoral Amendment Act 2022 Section 207(2) party donation amended 1 January 2020 section 5(6) Electoral Amendment Act 2019 Section 207(2) party donation amended 1 January 2011 section 16(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207(2) party donation inserted 1 January 2020 section 5(7) Electoral Amendment Act 2019 Section 207(2) party donation substituted 1 January 2011 section 16(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207(2) party donation amended 1 January 2020 section 5(8) Electoral Amendment Act 2019 Section 207(2) party donation inserted 1 January 2020 section 5(9) Electoral Amendment Act 2019 Section 207(2) party donation added 1 January 2011 section 16(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 207A: Donations and contributions include GST All references to an amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or service donated or contributed. 2007 No 111 s 22 Section 207A inserted 1 March 2009 section 6 Electoral Amendment Act 2009 207B: Donations to be transmitted to candidate or party secretary 1: Every person to whom a candidate donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. 2: Every person to whom a party donation is given or sent must, within 10 working days after receiving the donation, either— a: transmit the donation to the party secretary; or b: deposit the donation into a bank account nominated by the party secretary. 2007 No 111 s 23 Section 207B inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207B(2) substituted 1 January 2011 section 17 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 207BA: Offence relating to contravention of section 207B A person who fails, without reasonable excuse, to comply with section 207B Section 207BA inserted 1 January 2023 section 5 Electoral Amendment Act 2022 207C: Contributors to be identified 1: This section applies to a donation (other than an anonymous donation) 2: If this section applies to a donation, the donor must, at the time of making the donation, disclose— a: the fact that the donation is funded from contributions; and b: the details specified in subsection (3) in respect of any contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds— i: $1,500 in sum or value in the case of a contributor who is a New Zealand person; or ii: $50 in sum or value in the case of a contributor who is an overseas person; and c: the total of all of the amounts disclosed under paragraph (b) d: the total of all of the other contributions made in relation to the donation. 3: The details referred to in subsection (2)(b) are— a: the name of the contributor; and b: the address of the contributor; and c: whether the contributor is an overseas person; and d: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions. 3: 4: A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect. 5: A party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect. 6: For the purposes of sections 209 210 2007 No 111 s 24 Section 207C inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207C(1) amended 1 January 2011 section 18(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207C(2) replaced 25 March 2014 section 34 Electoral Amendment Act 2014 Section 207C(2)(b) replaced 1 January 2020 section 6(1) Electoral Amendment Act 2019 Section 207C(2)(c) amended 1 January 2020 section 6(2) Electoral Amendment Act 2019 Section 207C(3) inserted 1 January 2020 section 6(3) Electoral Amendment Act 2019 Section 207C(3) repealed 25 March 2014 section 34 Electoral Amendment Act 2014 207D: Offence relating to contravention of section 207C A donor who fails to comply with section 207C 2007 No 111 s 25 Section 207D inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207D amended 1 July 2013 section 413 Criminal Procedure Act 2011 207E: Identity of donor to be disclosed by transmitter, if known 1: When a transmitter transmits a donation to a candidate or party secretary on behalf of the donor, the transmitter must disclose to the candidate or party secretary— a: the fact that the donation is transmitted on behalf of the donor; and b: the name and address of the donor; and c: whether section 207C 2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1) 2007 No 111 s 26 Section 207E inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207E(2) amended 25 March 2014 section 45 Electoral Amendment Act 2014 207F: Offence relating to contravention of section 207E A transmitter who fails to comply with section 207E 2007 No 111 s 27 Section 207F inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207F amended 1 July 2013 section 413 Criminal Procedure Act 2011 207G: Disclosure of identity of donor 1: If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous candidate donation exceeding $1,500 2: If a candidate, list candidate, or any person involved in the administration of the affairs of a party knows the identity of the donor of an anonymous party donation exceeding $1,500 2007 No 111 s 28 Section 207G inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207G(1) amended section 19 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207G(2) amended section 19 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 207H: Offence relating to contravention of section 207G A person who fails to comply with section 207G 2007 No 111 s 29 Section 207H inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207H amended 1 July 2013 section 413 Criminal Procedure Act 2011 207I: Anonymous donations 1: If an anonymous candidate donation is received by a candidate, the candidate must, within 20 working days, pay to the Electoral Commission— a: the amount of the donation, or its value, less $50, if— i: the candidate believes or has reasonable grounds to suspect the donor is an overseas person; and ii: the donation exceeds $50; or b: the amount of the donation, or its value, less $1,500, if— i: the candidate does not have reasonable grounds to suspect the donor is an overseas person; and ii: the donation exceeds $1,500. 2: If an anonymous party donation is received by a party secretary, the party secretary must, within 20 working days, pay to the Electoral Commission— a: the amount of the donation, or its value, less $50, if— i: the party secretary believes or has reasonable grounds to suspect the donor is an overseas person; and ii: the donation exceeds $50; or b: the amount of the donation, or its value, less $1,500, if— i: the party secretary does not have reasonable grounds to suspect the donor is an overseas person; and ii: the donation exceeds $1,500. 3: All amounts received by the Electoral Commission under this section must be paid into a Crown Bank Account. Section 207I replaced 1 January 2020 section 7 Electoral Amendment Act 2019 207J: Offence relating to contravention of section 207I 1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207I(1) or (2) a: a corrupt practice if the circumvention is wilful; or b: an illegal practice in any other case. 2: A candidate or party secretary who contravenes section 207I 2007 No 111 s 31 Section 207J inserted 1 March 2009 section 6 Electoral Amendment Act 2009 207JA: Duty to ascertain whether donation from overseas person 1: A candidate or party secretary who receives a donation (not being an anonymous donation) that exceeds $50 must take all reasonable steps in the circumstances to ascertain whether— a: the donation was made by or on behalf of an overseas person; or b: any contribution to the donation was made by or on behalf of an overseas person. 2: If a candidate or party secretary ascertains that a donation or contribution to a donation was made by an overseas person, or that there are reasonable grounds to suspect that the donation or contribution was made by an overseas person, the candidate or party secretary must comply with section 207K Section 207JA inserted 1 January 2020 section 8 Electoral Amendment Act 2019 207K: Overseas donation or contribution may not exceed $50 1: 2: If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $50 a: return to the overseas person the total amount donated by the overseas person, or its value, less $50 b: if this is not possible, pay the total amount donated by the overseas person, or its value, less $50 2A: If a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $50 a: return to the overseas person the total amount donated by the overseas person, or its value, less $50 b: if this is not possible, pay the total amount donated by the overseas person, or its value, less $50 3: If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $50 made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $50 section 207C a: give back to the donor the amount of the donation, or its value; or b: if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission. 4: All amounts received by subsection (2), (2A), or (3) 2007 No 111 s 32 Section 207K inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207K heading substituted 1 January 2011 section 21(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207K heading amended 1 January 2020 section 9(1) Electoral Amendment Act 2019 Section 207K(1) repealed 1 January 2020 section 9(2) Electoral Amendment Act 2019 Section 207K(2) substituted 1 January 2011 section 21(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207K(2) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(2)(a) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(2)(b) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(2A) inserted 1 January 2011 section 21(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 207K(2A) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(2A)(a) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(2A)(b) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(3) amended 1 January 2020 section 9(3) Electoral Amendment Act 2019 Section 207K(3) amended 25 March 2014 section 35 Electoral Amendment Act 2014 Section 207K(3)(b) substituted 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 207K(4) amended 1 January 2020 section 9(4) Electoral Amendment Act 2019 Section 207K(4) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 207L: Offence relating to contravention of section 207K 1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207K(2), (2A), or (3) a: a corrupt practice if the circumvention is wilful; or b: an illegal practice in any other case. 2: A candidate or party secretary who contravenes section 207K(2), (2A), or (3) 3: It is a defence to a charge under subsection (2) if the candidate or party secretary proves that he or she took all reasonable steps in the circumstances to ascertain that— a: a donation exceeding $50, or a contribution exceeding $50 to a donation, was not made by or on behalf of an overseas person; or b: there were no reasonable grounds to suspect that a donation exceeding $50, or a contribution exceeding $50 to a donation, was made by or on behalf of an overseas person. 2007 No 111 s 33 Section 207L inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207L(1) amended 1 January 2020 section 10(1) Electoral Amendment Act 2019 Section 207L(2) amended 1 January 2020 section 10(1) Electoral Amendment Act 2019 Section 207L(3) inserted 1 January 2020 section 10(2) Electoral Amendment Act 2019 207LA: Offence relating to splitting party donation or contribution to party donation 1: A person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a party donation in order to conceal the total amount of the donation and avoid the donation's inclusion by the party secretary in the return of party donations under section 210(1)(a) 2: A person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a contribution to a party donation in order to conceal the total amount of the contribution and avoid the contribution's inclusion by the party secretary in the return of party donations under section 210(1)(b) Section 207LA inserted 1 January 2011 section 22 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 207M: Records of candidate donations 1: A candidate must keep proper records of all candidate donations received by him or her. 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 2007 No 111 s 34 Section 207M inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207M(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 207N: Records of party donations 1: A party secretary must keep proper records of all party donations received by him or her. 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 2007 No 111 s 34 Section 207N inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 207N(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 207O: Duty of Electoral Commission in relation to donations 1: If the Electoral Commission believes that any person has committed an offence against this subpart or subparts 4 to 6 2: Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. 2007 No 111 ss 35 36 Section 207O substituted 1 January 2011 section 23 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 207P: Duty of Electoral Commission in relation to donations Section 207P repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 4: Donations protected from disclosure Subpart 4 inserted 1 March 2009 section 6 Electoral Amendment Act 2009 208: Interpretation In this subpart, unless the context otherwise requires,— authorised person section 208F(3) donation protected from disclosure section 208A(2) 2007 No 111 s 37 Section 208 substituted 1 March 2009 section 6 Electoral Amendment Act 2009 208A: Method of making donation protected from disclosure 1: This section applies to any New Zealand person $1,500 a: the party concerned; and b: the public generally. 2: A person to whom this section applies may send a donation in excess of $1,500 to the Electoral Commission by paying the amount of the donation by direct credit to a bank account nominated by the Electoral Commission. 3: A donation under subsection (2) must be accompanied by a statement specifying— a: the name of the party that is to receive the donation; and b: the full name and address of the donor; and c: whether the donor is a New Zealand person; and d: the matters set out in paragraphs (a) to (c) in respect of every person who has contributed in excess of $1,500 to the donation, if the donation made by the donor includes or comprises contributions from others. 4: The Electoral Commission may request the donor to provide any further information the Commission considers necessary to confirm the identity of the donor or other details provided by the donor, and the donor must take all reasonable steps to comply with such a request as soon as is practicable. 2007 No 111 s 38 Section 208A inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 208A(1) amended 1 January 2020 section 11(1) Electoral Amendment Act 2019 Section 208A(1) amended 1 January 2011 section 25 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 208A(2) replaced 1 January 2023 section 38 Electoral Amendment Act 2022 Section 208A(3) replaced 1 January 2020 section 11(2) Electoral Amendment Act 2019 208B: Limit on maximum amount of donations protected from disclosure 1: The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208E(2) section 206C(1) 2: The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208E(2) 3: For the purposes of this section,— a: a specified period i: the period beginning on 9 November 2008 and ending with the close of the day before polling day for the next general election after that date; and ii: any subsequent period between polling day for one general election and polling day for the following general election: b: to avoid doubt, if there is a change in the name of a donor or party, the donor or party must be treated as the same donor or party (as the case may be) as the donor or party was prior to the change of name. 2007 No 111 s 39 Section 208B inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 208B(1) amended 17 August 2011 section 24 Electoral (Administration) Amendment Act 2011 208C: Duty of Electoral Commission to provide advice on actual figures under section 208B The Electoral Commission— a: must, as soon as practicable after the commencement of this Act, publish on its Internet site, and by any other means the Commission considers appropriate, guidance specifying the relevant figures that constitute the maximum amounts referred to in section 208B(1) and (2) b: may alter that guidance from time to time to reflect any changes in the relevant figures. 2007 No 111 s 40 Section 208C inserted 1 March 2009 section 6 Electoral Amendment Act 2009 208D: Duties of Electoral Commission on receipt of donation 1: The Electoral Commission, on receiving a donation under section 208A(2) a: the requirements of section 208A(3) or (4) b: payment of the donation would contravene a maximum amount referred to in section 208B c: the Electoral Commission believes or has reasonable grounds to believe that the donation is made by an overseas person, or includes or comprises contributions from an overseas person. 2: If subsection (1)(a) or (c) a: if the name and contact details of the donor are known or can be readily ascertained, return the donation to the donor: b: in any other case, pay the donation into a Crown Bank Account. 3: If subsection (1)(b) applies, the Electoral Commission must,— a: if the name and contact details of the donor are known or can be readily ascertained, return any portion of the donation that exceeds a maximum limit set out in section 208B b: in any other case, pay any portion of the donation that exceeds a maximum limit set out in section 208B 2007 No 111 s 41 Section 208D inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 208D(1)(c) inserted 1 January 2020 section 12(1) Electoral Amendment Act 2019 Section 208D(2) amended 1 January 2020 section 12(2) Electoral Amendment Act 2019 208E: Timing of payment to parties 1: The Electoral Commission must pay all outstanding amounts due to a party under section 208D(1) a: weekly, during the period between writ day and the return of the writ, at any general election: b: monthly, at any other time. 2: If any interest is earned on a donation received under section 208A(2) a: any sum paid by the Electoral Commission to the secretary of that party; or b: any sum returned by the Electoral Commission to the donor; or c: any sum paid by the Electoral Commission into a Crown Bank Account. 2007 No 111 s 42 Section 208E inserted 1 March 2009 section 6 Electoral Amendment Act 2009 208F: Offence of prohibited disclosure 1: No person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 208A(2) a: any party secretary or person involved in the administration of the affairs of the party for whom the donation is intended; or b: any other person (other than an authorised person). 2: Every person who contravenes subsection (1) without reasonable excuse is guilty of an illegal practice. 3: In this section, authorised person a: a member or employee or other person engaged by the Electoral Commission: b: a donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor: c: any other person to whom the identifying details must be supplied to enable the donation to be made: d: any person to whom the identifying details must be supplied to comply with 1 or more of the Inland Revenue Acts (within the meaning of section 3(1) e: the Auditor-General: f: any other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings. 4: Except as provided in this section, if there is any inconsistency between subsection (1) and any other enactment, subsection (1) prevails. 2007 No 111 s 43 Section 208F inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 208F(3)(c) replaced 1 January 2023 section 39 Electoral Amendment Act 2022 208G: Duty of Electoral Commission to report 1: The Electoral Commission must, in the manner required by subsection (2), report on— a: the total amounts received in donations under section 208A(2) b: the amounts paid to a party secretary under section 208D(1) c: the amount returned to donors under section 208D(2)(a) d: the amount paid into a Crown Bank Account under section 208D(2)(b) 2: The Electoral Commission must report on the matters set out in subsection (1)— a: in each annual report, in relation to the financial year to which the report relates; and b: quarterly, by publication on the Commission's Internet site and by any other means the Commission considers appropriate, in respect of the preceding 3-month period. 2007 No 111 s 44 Section 208G inserted 1 March 2009 section 6 Electoral Amendment Act 2009 5: Disclosure of candidates' donations Subpart 5 inserted 1 March 2009 section 6 Electoral Amendment Act 2009 209: Return of candidate donations 1: A candidate must, at the same time as filing a return of election expenses under section 205K Electoral Commission a: the details specified in subsection (2) in respect of every candidate donation (other than a donation of the kind referred to in paragraphs (c) and (d)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 b: whether section 207C every contribution received from a New Zealand person c: the details specified in subsection (4) in respect of every anonymous candidate donation received by him or her— i: exceeding $50, in any case where the candidate believes or has reasonable grounds to suspect the donor is an overseas person; or ii: exceeding $1,500, in any other case; and d: the details specified in subsection (5) in respect of every candidate donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $50 e: the details specified in subsection (5A) in respect of every contribution to a candidate donation received by him or her from an overseas person that , either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $50 2: The details referred to in subsection (1)(a) are— a: the name of the donor; and b: the address of the donor; and c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and d: the date the donation was received or, in the case of aggregated donations, the date that each donation was received. 3: The details referred to in subsection (1)(b) are— a: the name of the contributor; and b: the address of the contributor; and c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and d: the date on which the donation funded from contributions was made. 4: The details referred to in subsection (1)(c) are— a: the date the donation was received; and b: the amount of the donation; and c: the amount paid to the Electoral Commission section 207I(1) 5: The details referred to in subsection (1)(d) are— a: the name of the overseas person; and b: the address of the overseas person; and c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and d: the date the donation was received or, in the case of aggregated donations, the date each donation was received; and e: the amount returned to an overseas person or paid to the Electoral Commission under section 207K(2) 5A: The details referred to in subsection (1)(e) are— a: the name of the overseas person; and b: the address of the overseas person; and c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions d: the date on which the related donation funded from the contribution was made; and e: the amount returned to the donor or paid to the Electoral Commission under section 207K(3) 6: Every return filed under subsection (1) must be in the form required by the Electoral Commission 2007 No 111 s 45 Section 209 substituted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 209(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 209(1)(a) amended 1 January 2011 section 26(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(1)(b) replaced 25 March 2014 section 36(1) Electoral Amendment Act 2014 Section 209(1)(b) amended 1 January 2020 section 13(1) Electoral Amendment Act 2019 Section 209(1)(c) replaced 1 January 2020 section 13(2) Electoral Amendment Act 2019 Section 209(1)(d) substituted 1 January 2011 section 26(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(1)(d) amended 1 January 2020 section 13(3) Electoral Amendment Act 2019 Section 209(1)(e) added 1 January 2011 section 26(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(1)(e) amended 1 January 2020 section 13(3) Electoral Amendment Act 2019 Section 209(1)(e) amended 25 March 2014 section 36(2) Electoral Amendment Act 2014 Section 209(2)(c) substituted 1 January 2011 section 26(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(2)(d) substituted 1 January 2011 section 26(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(3) replaced 25 March 2014 section 36(3) Electoral Amendment Act 2014 Section 209(4)(c) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 209(5) substituted 1 January 2011 section 26(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(5A) inserted 1 January 2011 section 26(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 209(5A)(c) amended 25 March 2014 section 36(4) Electoral Amendment Act 2014 Section 209(6) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 209A: Nil return If a candidate considers that there is no relevant information to disclose under section 209 2007 No 111 s 46 Section 209A inserted 1 March 2009 section 6 Electoral Amendment Act 2009 209B: Offences relating to return of candidate donations 1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate donations under section 209 late period 1A: A candidate is guilty of a corrupt practice who, without reasonable excuse,— a: files a return of candidate donations under section 209 b: fails to file a return of candidate donations under section 209 2: A candidate who files a return under section 209 a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the candidate proves that— i: he or she had no intention to misstate or conceal the facts; and ii: he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 2007 No 111 s 48 Section 209B inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 209B(1) replaced 25 March 2014 section 37 Electoral Amendment Act 2014 Section 209B(1A) inserted 25 March 2014 section 37 Electoral Amendment Act 2014 209C: Obligation to retain records necessary to verify return of candidate donations 1: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable a return under section 209 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 2007 No 111 s 47 Section 209C inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 209C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 209D: Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission Section 209D repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 209E: Return of candidate donations to be publicly available 1: The Electoral Commission Electoral Commission section 209 2: 3: During the public inspection period, the Electoral Commission section 209 4: The Electoral Commission Official Information Act 1982 2007 No 111 s 50 Section 209E inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 209E(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 209E(2) repealed 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 209E(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 209E(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 6: Disclosure of parties' donations Subpart 6 inserted 1 March 2009 section 6 Electoral Amendment Act 2009 210: Annual return of party donations 1: A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out a: the details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $5,000 b: whether section 207C every contribution received from a New Zealand person $5,000 c: the details specified in subsection (4) in respect of every anonymous party donation received by him or her— i: exceeding $50, in any case where the party secretary believes or has reasonable grounds to suspect the donor is an overseas person; or ii: exceeding $1,500, in any other case; and d: the details specified in subsection (5) in respect of every party donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the year, exceeds $50 da: the details specified in subsection (5A) in respect of every contribution to a party donation received by him or her from an overseas person that , either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $50 e: the details specified in subsection (6) in respect of every payment of donations received from the Electoral Commission under section 208D ; and f: the details specified in subsection (6A) in respect of all other party donations received by him or her. 2: The details referred to in subsection (1)(a) are— a: the name of the donor; and b: the address of the donor; and c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and d: the date the donation was received or, in the case of aggregated donations, the date that each donation was received. 3: The details referred to in subsection (1)(b) are— a: the name of the contributor; and b: the address of the contributor; and c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and d: the date on which the donation, or each related donation, funded from contributions was made. 4: The details referred to in subsection (1)(c) are— a: the date the donation was received; and b: the amount of the donation; and c: the amount paid to the Electoral Commission under section 207I(2) 5: The details referred to in subsection (1)(d) are— a: the name of the overseas person; and b: the address of the overseas person; and c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and d: the date the donation was received or, in the case of aggregated donations, the date each donation was received; and e: the amount returned to an overseas person or paid to the Electoral Commission under section 207K(2A) 5A: The details referred to in subsection (1)(da) are— a: the name of the overseas person; and b: the address of the overseas person; and c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions d: the date on which the related donation funded from the contribution was made; and e: the amount returned to the donor or paid to the Electoral Commission under section 207K(3) 6: The details referred to in subsection (1)(e) are— a: the date the payment was received; and b: the amount of the payment; and c: the amount of interest included in the payment. 6A: The details referred to in subsection (1)(f) are,— a: in respect of anonymous party donations received of an amount not exceeding $1,500,— i: the number of donations; and ii: the total amount of the donations; and b: in respect of all other party donations received of an amount not exceeding $1,500,— i: the number of donations; and ii: the total amount of the donations; and c: in respect of party donations received of an amount exceeding $1,500 but not exceeding $5,000,— i: the number of donations; and ii: the total amount of the donations. 6B: A return must also set out— a: the total amount of all of the party donations disclosed under subsection (1)(a); and b: the total amount of all of the party donations disclosed under subsection (1)(c); and c: the total amount of all of the party donations disclosed under subsection (1)(d); and d: the total amount of all of the party donations disclosed under subsection (1)(e); and e: the total amount of all of the party donations disclosed under subsection (1)(f); and f: the aggregate of the total amounts referred to in paragraphs (a) to (e); and g: a breakdown of the aggregate referred to in paragraph (f) showing the total amount of— i: party donations received in money; and ii: other party donations received (whether of the equivalent of money or of goods or services). 7: A return must— a: be filed by 30 April of the following year; and b: be in the form required by the Electoral Commission; and c: be accompanied by an auditor’s report, if an auditor’s report is required to be obtained under section 210A 8: Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party donations that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year. 9: In this section, year 2007 No 111 s 51 Section 210 substituted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 210(1) amended 25 March 2014 section 38(1) Electoral Amendment Act 2014 Section 210(1)(a) amended 1 January 2023 section 6(1) Electoral Amendment Act 2022 Section 210(1)(a) amended 1 January 2011 section 27(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(1)(b) replaced 25 March 2014 section 38(2) Electoral Amendment Act 2014 Section 210(1)(b) amended 1 January 2023 section 6(1) Electoral Amendment Act 2022 Section 210(1)(b) amended 1 January 2020 section 14(1) Electoral Amendment Act 2019 Section 210(1)(c) replaced 1 January 2020 section 14(2) Electoral Amendment Act 2019 Section 210(1)(d) substituted 1 January 2011 section 27(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(1)(d) amended 1 January 2020 section 14(3) Electoral Amendment Act 2019 Section 210(1)(da) inserted 1 January 2011 section 27(3) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(1)(da) amended 1 January 2020 section 14(3) Electoral Amendment Act 2019 Section 210(1)(da) amended 25 March 2014 section 38(3) Electoral Amendment Act 2014 Section 210(1)(e) amended 1 January 2011 section 27(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(1)(f) added 1 January 2011 section 27(4) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(2)(c) substituted 1 January 2011 section 27(5) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(2)(d) substituted 1 January 2011 section 27(5) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(3) replaced 25 March 2014 section 38(4) Electoral Amendment Act 2014 Section 210(5) substituted 1 January 2011 section 27(6) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(5A) inserted 1 January 2011 section 27(6) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 210(5A)(c) amended 25 March 2014 section 38(5) Electoral Amendment Act 2014 Section 210(6A) replaced 1 January 2023 section 6(2) Electoral Amendment Act 2022 Section 210(6B) inserted 1 January 2023 section 6(3) Electoral Amendment Act 2022 Section 210(7) replaced 25 March 2014 section 38(6) Electoral Amendment Act 2014 Section 210(7)(c) replaced 1 January 2023 section 6(4) Electoral Amendment Act 2022 Section 210(9) inserted 25 March 2014 section 38(7) Electoral Amendment Act 2014 210A: Auditor's report on annual return of party donations 1: This section applies if— a: an annual return of party donations required to be filed under section 210 b: an annual return of party donations required to be filed under section 210 section 214C i: has entered into at least 1 loan during that year; or ii: has an unpaid balance exceeding $15,000 on a loan entered into during any previous year. 1A: A party secretary must obtain from the auditor appointed under section 206J 2: The auditor must state in the report whether, in the auditor's opinion, the return fairly reflects the party donations received by the party secretary. 3: The auditor must make any examinations that the auditor considers necessary. 4: The auditor must specify in the report any case in which— a: the return does not, in the auditor's opinion, fairly reflect the party donations received by the party secretary: b: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties: c: proper records of party donations have not, in the auditor's opinion, been kept by the party secretary. 5: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the party donations and that are held by the party or the party secretary; and b: may require the party secretary to provide any information and explanations that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. 2007 No 111 s 52 Section 210A substituted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 210A(1) replaced 1 January 2023 section 7 Electoral Amendment Act 2022 Section 210A(1A) inserted 1 January 2023 section 7 Electoral Amendment Act 2022 210B: Nil return If a party secretary considers that there is no relevant information to disclose under section 210 2007 No 111 s 53 Section 210B inserted 1 March 2009 section 6 Electoral Amendment Act 2009 210C: Return of party donation received from same donor exceeding $20,000 1: A party secretary must file with the Electoral Commission a return in respect of every party donation received from a donor during the period specified in subsection (2) (the specified period a: exceeds $20,000; or b: when aggregated with all previous donations received from the donor in the specified period, exceeds $20,000. 2: The specified period is,— a: if a general election is held in the calendar year in which the term of Parliament is due to expire, the period— i: commencing on the earlier of the following dates: A: the day after the date on which the Prime Minister gives public notice of the day that is to be polling day; and B: 1 January of that year; and ii: ending on the close of the day before polling day; or b: if a general election is held in a year other than in the calendar year in which the term of Parliament is due to expire, the period— i: commencing on the day after the date on which the Prime Minister gives public notice of the day that is to be polling day; and ii: ending on the close of the day before polling day. 3: If a return is made under subsection (1)(b) 4: A return filed under subsection (1)(a) a: the name of the donor (if known); and b: the address of the donor (if known); and c: the amount of the donation; and d: the date the donation was received ; and e: the following details in respect of every contribution to the donation made by or on behalf of the same contributor that exceeds $20,000 i: the name of the contributor; and ii: the address of the contributor; and iii: the amount of the contribution. 5: A return filed under subsection (1)(b) a: the name of the donor; and b: the address of the donor; and c: the amount of the donation; and d: the amounts of all previous donations; and e: the date the donation was received; and f: the dates all previous donations were received. 6: A return must be filed under subsection (1)(a) or (b) 7: In this section, give public notice 2007 No 111 s 54 Section 210C inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 210C heading amended 1 January 2023 section 8(1) Electoral Amendment Act 2022 Section 210C(1) replaced 1 January 2023 section 8(2) Electoral Amendment Act 2022 Section 210C(2) replaced 1 January 2023 section 8(2) Electoral Amendment Act 2022 Section 210C(3) amended 1 January 2023 section 8(3) Electoral Amendment Act 2022 Section 210C(4) amended 1 January 2023 section 8(4) Electoral Amendment Act 2022 Section 210C(4)(d) amended 25 March 2014 section 39(1) Electoral Amendment Act 2014 Section 210C(4)(e) inserted 25 March 2014 section 39(2) Electoral Amendment Act 2014 Section 210C(4)(e) amended 1 January 2023 section 8(5) Electoral Amendment Act 2022 Section 210C(5) amended 1 January 2023 section 8(6) Electoral Amendment Act 2022 Section 210C(6) amended 1 January 2023 section 8(7) Electoral Amendment Act 2022 Section 210C(7) inserted 1 January 2023 section 8(8) Electoral Amendment Act 2022 210D: Offences relating to return of party donations 1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,— a: files a return of party donations under section 210 b: files a return of party donations under section 210C 1A: A party secretary is guilty of a corrupt practice who, without reasonable excuse,— a: files a return of party donations under section 210 210C b: fails to file a return of party donations under— i: section 210 ii: section 210C 2: A party secretary who files a return under section 210 210C a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the party secretary proves that— i: he or she had no intention to misstate or conceal the facts; and ii: he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 3: In this section, late period 2007 No 111 s 56 Section 210D inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 210D(1) replaced 25 March 2014 section 40(1) Electoral Amendment Act 2014 Section 210D(1A) inserted 25 March 2014 section 40(1) Electoral Amendment Act 2014 Section 210D(3) inserted 25 March 2014 section 40(2) Electoral Amendment Act 2014 210E: Obligation to retain records necessary to verify return of party donations 1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable returns under sections 210 210C 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on 2007 No 111 s 55 Section 210E inserted 1 March 2009 section 6 Electoral Amendment Act 2009 Section 210E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 210F: Return of party donations to be publicly available 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, the following returns and reports: a: a return filed under section 210 b: a report obtained under section 210A c: a return filed under section 210C 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1). 3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982 2007 No 111 s 57 Section 210F inserted 1 March 2009 section 6 Electoral Amendment Act 2009 7: Annual financial statements of parties Subpart 7 inserted 1 January 2023 section 29 Electoral Amendment Act 2022 210G: Annual financial statements to be provided to Electoral Commission 1: The secretary of a party that is an incorporated society must provide a copy of the party’s annual financial statements to the Electoral Commission— a: on the same date as the date on which the party’s annual financial statements are given to the Registrar of Incorporated Societies; but b: in any event, not later than 6 months after the party’s balance date. 2: The secretary of a party that is not an incorporated society, but that has a constitution requiring the preparation of annual financial statements for the party, must provide a copy of the party’s annual financial statements to the Electoral Commission within 6 months after the party’s balance date. 3: The secretary of a party that is not an incorporated society and does not have a constitution requiring the preparation of annual financial statements for the party must provide to the Electoral Commission each year, within 6 months after the most recent default balance date, annual financial statements for the previous 12-month period ending on that default balance date (the previous 12-month period a: details of the income and expenditure, or receipts and payments, of the party during the previous 12-month period; and b: details of the assets and liabilities of the party at the close of the previous 12-month period; and c: details of all mortgages, charges, and other security interests of any description affecting any of the property of the party at the close of the previous 12-month period. 4: No annual financial statements that are in respect of any period before 1 January 2023 are required to be provided to the Electoral Commission under this section. 5: In this section,— default balance date generally accepted accounting practice section 8 incorporated society Incorporated Societies Act 1908 Incorporated Societies Act 2022 Section 210G inserted 1 January 2023 section 29 Electoral Amendment Act 2022 210H: Auditor’s report on annual financial statements 1: This section applies if an auditor’s report is required to be obtained on a party’s annual financial statements by— a: any enactment; or b: the party’s constitution. 2: When providing a copy of the party’s annual financial statements to the Electoral Commission in accordance with section 210G Section 210H inserted 1 January 2023 section 29 Electoral Amendment Act 2022 210I: Publication of annual financial statements The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, annual financial statements received under section 210G Section 210I inserted 1 January 2023 section 29 Electoral Amendment Act 2022 210J: Offences relating to annual financial statements 1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 if the party secretary, without reasonable excuse, provides the Electoral Commission with annual financial statements for the party during the late period. 2: A party secretary is guilty of a corrupt practice if the party secretary, without reasonable excuse,— a: provides the Electoral Commission with annual financial statements for the party after the late period; or b: fails to provide the Electoral Commission with annual financial statements for the party. 3: In this section, late period Section 210J inserted 1 January 2023 section 29 Electoral Amendment Act 2022 6B: Loans Part 6B inserted 25 March 2014 section 41 Electoral Amendment Act 2014 211: Application of this Part This Part applies to loans entered into by— a: a party secretary on behalf of the party: b: a candidate. Section 211 replaced 1 January 2023 section 9 Electoral Amendment Act 2022 1: General provisions relating to loans Subpart 1 inserted 25 March 2014 section 41 Electoral Amendment Act 2014 212: Interpretation In this Part,— late period lender loan a: to a candidate,— i: means a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money at specified dates or on request or on the occurrence of a particular event for use in the candidate’s campaign for election; but ii: does not include any money lent by a registered lender at a commercial interest rate: b: to a party,— i: means a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money at specified dates or on request or on the occurrence of a particular event; but ii: does not include any money lent by a registered bank at a commercial interest rate loan amount a: the amount of money lent by the lender under the loan; or b: where any money may be lent under the loan in the future, the maximum amount that may be owed at any one time; or c: the total of the amounts in paragraphs (a) and (b), in any case where the lender has provided, and may in the future provide, money under the loan registered bank section 2(1) Banking (Prudential Supervision) Act 1989 registered lender Financial Service Providers (Registration and Dispute Resolution) Act 2008 Section 212 inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 212 late period inserted 1 January 2023 section 10(2) Electoral Amendment Act 2022 Section 212 loan replaced 1 January 2023 section 10(1) Electoral Amendment Act 2022 Section 212 registered bank amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 212 registered lender inserted 1 January 2023 section 10(2) Electoral Amendment Act 2022 213: Party secretary may enter into loan on behalf of party 1: A party may enter into a loan only with the authorisation of the party secretary. 2: Only the party secretary may enter into a loan on behalf of the party. 3: If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan. 4: A loan entered into in contravention of this section is an illegal contract for the purposes of subpart 5 Section 213 inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 213(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 214: Offence to enter into unauthorised loan A person is guilty of— a: a corrupt practice who wilfully contravenes section 213 b: an illegal practice who contravenes section 213 Section 214 inserted 25 March 2014 section 41 Electoral Amendment Act 2014 214A: Offence to enter into arrangement to circumvent section 213, 214C, or 214F A person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213 section 214C 214F Section 214A inserted 25 March 2014 section 41 Electoral Amendment Act 2014 214B: Records of loans: parties 1: A party secretary must keep proper records of all loans entered into on behalf of the party. 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. Section 214B inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214B heading replaced 1 January 2023 section 11 Electoral Amendment Act 2022 214BA: Records of loans: candidates 1: A candidate must keep proper records of all loans they enter into. 2: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. Section 214BA inserted 1 January 2023 section 12 Electoral Amendment Act 2022 214BA: Periods for claiming and paying expenses Section 214BA repealed 20 December 2007 section 21(2)(b) Electoral Amendment Act 2007 214BB: Procedure if claim disputed Section 214BB repealed 20 December 2007 section 21(2)(b) Electoral Amendment Act 2007 214BC: Leave to pay claim after time limited Section 214BC repealed 20 December 2007 section 21(2)(b) Electoral Amendment Act 2007 214BD: Payments to be vouched by bill Section 214BD repealed 20 December 2007 section 21(2)(b) Electoral Amendment Act 2007 2: Disclosure of loans Subpart 2 inserted 25 March 2014 section 41 Electoral Amendment Act 2014 214C: Annual return of party loans 1: A party secretary must file with the Electoral Commission, for each year, a return of party loans a: the details specified in subsection (2) in respect of— i: every loan entered into during the year that has a loan amount exceeding $15,000; and ii: every loan entered into in any previous year that— A: has a loan amount exceeding $15,000; and B: at the close of 31 December of the year for which the return of party loans b: the details specified in subsection (3) in respect of every loan entered into during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with— i: the loan amounts of all other loans provided by the same lender during the year; or ii: the unpaid balances of any loans provided by the same lender during any previous year; and c: the details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000. 2: The details referred to in subsection (1)(a) are— a: the name of the lender; and b: the address of the lender; and c: the loan amount; and d: the date on which the loan was entered into; and e: the repayment date for the loan, or a statement that there is no repayment date; and f: the interest rate or rates; and g: the unpaid balance of the loan amount, if any; and h: the name and address of any guarantor of the loan; and i: the details of any security given for the loan; and j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both. 3: The details referred to in subsection (1)(b) are— a: the details specified in subsection (2); and b: the total of the aggregated loan amount. 4: The details referred to in subsection (1)(c) are— a: the number of loans; and b: the total of the aggregated loan amounts. 5: A return of party loans a: be filed by 30 April of the following year; and b: be in a form required by the Electoral Commission; and c: be accompanied by an auditor's report obtained under section 214D 6: In this section, year 7: Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year. Section 214C inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214C heading replaced 1 January 2023 section 13(1) Electoral Amendment Act 2022 Section 214C(1) amended 1 January 2023 section 13(2) Electoral Amendment Act 2022 Section 214C(1)(a)(ii)(B) amended 1 January 2023 section 13(2) Electoral Amendment Act 2022 Section 214C(5) amended 1 January 2023 section 13(2) Electoral Amendment Act 2022 214D: Auditor’s report on annual return of party loans 1: This section applies to a return of party loans required to be filed under section 214C section 214E 1A: A party secretary must obtain a report on the return of party loans from the auditor appointed under section 206J 2: The auditor must state in the report whether, in the auditor's opinion, the return of party loans 3: The auditor must make any examinations that the auditor considers necessary. 4: The auditor must specify in the report any case in which— a: the return of party loans b: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties: c: proper records of loans entered into by or on behalf of the party have not, in the auditor's opinion, been kept by the party secretary. 5: The auditor— a: must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and b: may require the party secretary to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. Section 214D inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214D heading replaced 1 January 2023 section 14(1) Electoral Amendment Act 2022 Section 214D(1) replaced 1 January 2023 section 14(2) Electoral Amendment Act 2022 Section 214D(1A) inserted 1 January 2023 section 14(2) Electoral Amendment Act 2022 Section 214D(2) amended 1 January 2023 section 14(3) Electoral Amendment Act 2022 Section 214D(4)(a) amended 1 January 2023 section 14(3) Electoral Amendment Act 2022 214E: Nil return: parties If a party secretary considers that there is no relevant information to disclose under section 214C return of party loans Section 214E inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214E heading replaced 1 January 2023 section 15(1) Electoral Amendment Act 2022 Section 214E amended 1 January 2023 section 15(2) Electoral Amendment Act 2022 214F: Return of party loan provided by same lender exceeding $30,000 1: A party secretary must file with the Electoral Commission a return in respect of every loan entered into on behalf of the party 2: A party secretary must file with the Electoral Commission a return in respect of every loan entered into on behalf of the party a: that is provided by a lender who, in the 12 months immediately preceding the date on which the loan was entered into (the last 12 months previous loans b: that exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans. 3: If a return is made under subsection (2), the loans disclosed in that return must be disregarded when applying this section in relation to a loan that is entered into on behalf of the party 4: A return filed under subsection (1) must be in the form required by the Electoral Commission and must set out— a: the name of the lender; and b: the address of the lender; and c: the loan amount; and d: the date on which the loan was entered into; and e: the repayment date for the loan, or a statement that there is no repayment date; and f: the interest rate or rates; and g: the unpaid balance of the loan amount, if any; and h: the name and address of any guarantor of the loan; and i: the details of any security given for the loan; and j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both. 5: A return filed under subsection (2) must be in the form required by the Electoral Commission and must set out— a: the details specified in subsection (4) in respect of— i: the loan; and ii: all previous loans; and b: the total of the aggregated loan amount. 6: A return must be filed under subsection (1) or (2) within 10 working days of the loan being entered into by the party. Section 214F inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214F heading replaced 1 January 2023 section 16(1) Electoral Amendment Act 2022 Section 214F(1) amended 1 January 2023 section 16(2) Electoral Amendment Act 2022 Section 214F(2) amended 1 January 2023 section 16(3) Electoral Amendment Act 2022 Section 214F(3) amended 1 January 2023 section 16(4) Electoral Amendment Act 2022 214G: Offences relating to return of party loans 1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,— a: files a return of party loans under section 214C b: files a return of party loans under section 214F 2: A party secretary is guilty of a corrupt practice who, without reasonable excuse,— a: files a return of party loans under section 214C 214F b: fails to file a return of party loans under— i: section 214C ii: section 214F 3: A party secretary who files a return under section 214C 214F a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the party secretary proves that— i: he or she had no intention to misstate or conceal the facts; and ii: he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 4: A party secretary charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b). 5: Section 214G inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214G(5) repealed 1 January 2023 section 17 Electoral Amendment Act 2022 214GA: Return of candidate loans 1: A candidate must, at the same time as filing a return of election expenses (under section 205K section 209 2: The details referred to in subsection (1) are— a: the name of the lender; and b: the address of the lender; and c: the loan amount; and d: the date on which the loan was entered into; and e: the repayment date for the loan, or a statement that there is no repayment date; and f: the interest rate or rates; and g: the unpaid balance of the loan amount, if any; and h: the name and address of any guarantor of the loan; and i: the details of any security given for the loan; and j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both. 3: A return must be in the form required by the Electoral Commission. Section 214GA inserted 1 January 2023 section 18 Electoral Amendment Act 2022 214GB: Nil return: candidates If a candidate considers that there is no relevant information to disclose under section 214GA Section 214GB inserted 1 January 2023 section 18 Electoral Amendment Act 2022 214GC: Offences relating to return of candidate loans 1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate loans under section 214GA 2: A candidate is guilty of a corrupt practice if the candidate, without reasonable excuse,— a: files a return of candidate loans under section 214GA b: fails to file a return of candidate loans under section 214GA 3: A candidate who files a return of candidate loans under section 214GA a: a corrupt practice if the candidate filed the return knowing it to be false in any material particular; or b: an illegal practice in any other case unless the candidate proves that— i: the candidate had no intention to misstate or conceal the facts; and ii: the candidate took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 4: A candidate charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b). Section 214GC inserted 1 January 2023 section 18 Electoral Amendment Act 2022 214H: Duty of Electoral Commission 1: If the Electoral Commission believes that any person has committed an offence specified in this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police. 2: Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. Section 214H inserted 25 March 2014 section 41 Electoral Amendment Act 2014 214I: Obligation to retain records necessary to verify return of 1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214C 214F 2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 3: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns filed under section 214GA 4: A candidate who fails, without reasonable excuse, to comply with subsection (3) commits an offence and is liable on conviction to a fine not exceeding $40,000. Section 214I inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214I heading amended 1 January 2023 section 19(1) Electoral Amendment Act 2022 Section 214I(3) inserted 1 January 2023 section 19(2) Electoral Amendment Act 2022 Section 214I(4) inserted 1 January 2023 section 19(2) Electoral Amendment Act 2022 214J: Returns of loans to be publicly available 1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, the following returns and reports: a: a return filed under section 214C b: a report obtained under section 214D c: a return filed under section 214F d: a return filed under section 214GA 2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1). 3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982 Section 214J inserted 25 March 2014 section 41 Electoral Amendment Act 2014 Section 214J heading replaced 1 January 2023 section 20(1) Electoral Amendment Act 2022 Section 214J(1)(d) inserted 1 January 2023 section 20(2) Electoral Amendment Act 2022 214K: Obligation to file nil returns Section 214K repealed 20 December 2007 section 21(2)(b) Electoral Amendment Act 2007 214L: Obligation to retain records necessary to verify returns Section 214L repealed 20 December 2007 section 21(2)(b) Electoral Amendment Act 2007 7: Corrupt and illegal practices Corrupt practices 215: Personation 1: Every person is guilty of a corrupt practice who commits, or aids or abets, counsels, or procures the commission of, the offence of personation. 2: Every person commits the offence of personation who— a: votes as some other person, whether that person is living or dead or is a fictitious person; or b: having voted at any election, votes again at the same election; or c: having voted at an election in any district at a general election, votes at an election in another district at the same general election. 3: For the purposes of this section, a person shall be deemed to have voted if he or she has applied for a ballot paper for himself or herself, or has applied to vote as a special voter, or has marked a ballot paper for himself or herself, whether validly or not. 4: Where the Electoral Commission Electoral Commission New Zealand Police 1956 No 107 s 140; 1983 No 104 s 24 Section 215(4) amended 21 March 2017 section 105 Electoral Amendment Act 2017 Section 215(4) amended 17 August 2011 section 25 Electoral (Administration) Amendment Act 2011 216: Bribery 1: Every person is guilty of a corrupt practice who commits the offence of bribery. 2: Every person commits the offence of bribery who, directly or indirectly, by himself or herself or by any other person on his or her behalf— a: gives any money or procures any office to or for any voter, or to or for any other person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting; or b: corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting; or c: makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person or candidates at an election or the vote of any voter,— or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any person or candidates at any election or the vote of any voter. 3: For the purposes of this section,— a: references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration: b: references to procuring any office shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment. 4: Every person commits the offence of bribery who— a: advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or b: knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. 5: The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election. 6: A voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting. 7: Every person commits the offence of bribery if after an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting. 8: In this section the term voter 1956 No 107 s 141 217: Treating 1: Every person is guilty of a corrupt practice who commits the offence of treating. 2: Every person commits the offence of treating who corruptly, by himself or herself or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person— a: for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or b: for the purpose of procuring himself or herself to be elected; or c: on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting. 3: Every person commits the offence of treating who, being the holder of a licence for the sale by retail of alcohol (within the meaning of section 5(1) a: to any person where the supply thereof is demanded for the purpose of treating, or for any corrupt or illegal practice; or b: to any persons, whether electors or not, for the purpose of procuring the return of a candidate or candidates at an election, and without receiving payment for it at the time when it is supplied. 4: Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating. 5: Notwithstanding anything in this section, the provision of a light supper after any election meeting shall be deemed not to constitute the offence of treating. 1956 No 107 s 142; 1975 No 28 s 41 Section 217(3) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 218: Undue influence 1: Every person is guilty of a corrupt practice who commits the offence of undue influence. 2: Every person commits the offence of undue influence who— a: directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or herself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person, in order to induce or compel that person to vote for or against a particular candidate or party or to vote or refrain from voting, or on account of that person having voted for or against a particular candidate or having voted or refrained from voting; or b: by abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of an elector, or thereby compels, induces, or prevails upon an elector either to vote or to refrain from voting. 1956 No 107 s 143 Illegal practices 219: Payments for exhibition of election notices 1: No payment or contract for payment may be made to any elector on account of the exhibition of, or the use of any house, land, building, or premises for the exhibition of, any address, poster, or notice that promotes or procures the election of a candidate or candidates at an election. 2: Subsection (1) does not apply if it is the ordinary business of an elector to exhibit for payment posters and advertisements and the payment or contract is made in the ordinary course of that business. 3: If any payment or contract for payment is knowingly made in contravention of this section before, during, or after an election, the person making the payment or contract and, if he or she knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract is guilty of an illegal practice. 1993 No 87 s 219 (pre-20 December 2007) Section 219 substituted 1 March 2009 section 7 Electoral Amendment Act 2009 Section 219 compare note amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 220: Providing money for illegal purposes Where any person knowingly provides money for any purpose which is contrary to the provisions of this Act , or for any election expenses incurred in excess of the maximum amount allowed by this Act, or for repaying any money expended in any such payment or expenses 1956 No 107 s 147 Section 220 amended 1 March 2009 section 14 Electoral Amendment Act 2009 Section 220 amended 20 December 2007 section 23 Electoral Amendment Act 2007 221: Advertisements for candidates and political parties Section 221 repealed 1 January 2011 section 30 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 221A: Electoral advertisements 1: A person must not publish or cause or permit to be published in any medium, or broadcast or cause or permit to be broadcast in any medium, any advertisement relating to an election (not being an election advertisement as defined in section 3A a: the true name of the person for whom or at whose direction it is published or broadcast; and b: the address of that person’s place of residence or business. 2: Subsection (1) does not apply to any advertisement published or broadcast, or caused or permitted to be published or broadcast, in any medium 3: Every person is guilty of an illegal practice who wilfully contravenes any provision of subsection (1). 4: Nothing in this section— a: restricts the publication or broadcast in any medium of any news or comments relating to an election made in a newspaper or periodical or by a broadcaster (as that term is defined in section 2(1) b: applies to the editorial content of a publication on a news media Internet site; or c: applies to any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views. 5: In this section, medium Section 221A inserted 6 December 1995 section 82 Electoral Amendment Act (No 2) 1995 Section 221A(1) replaced 1 January 2020 section 17(1) Electoral Amendment Act 2019 Section 221A(2) amended 1 January 2020 section 17(2) Electoral Amendment Act 2019 Section 221A(2) amended 1 July 2012 section 52(15) Electoral (Administration) Amendment Act 2011 Section 221A(2) amended 1 October 2010 section 32(2)(a) Electoral (Administration) Amendment Act 2010 Section 221A(4) replaced 1 January 2020 section 17(3) Electoral Amendment Act 2019 Section 221A(5) inserted 1 January 2020 section 17(3) Electoral Amendment Act 2019 221B: Display of advertisement of a specified kind 1: During the period beginning 9 weeks a: any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or b: any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind. 1A: Despite subsection (1), if at any time after the 9-week period referred to in that subsection commences the date that is to be polling day ( date A date B a: the period that began 9 weeks before date A ends at the close of 7 days after the date on which public notice is given of date B by the issue of a media statement; and b: an additional period applies for the purposes of subsection (1) in respect of the later polling day that is the shorter of the following periods; and i: the period beginning 9 weeks before polling day and ending with the close of the day before polling day; and ii: the period beginning on the day after the day on which the period in paragraph (a) closes and ending with the close of the day before polling day. 2: In this section, advertisement of a specified kind a: encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4 b: is used, or appears to be used, to promote or procure the election of a candidate; but c: does not include— i: an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or ii: an advertisement broadcast by any television station or by any electronic means of communication. 3: Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority. 1993 No 87 s 221B (pre-20 December 2007) Section 221B substituted 1 March 2009 section 9 Electoral Amendment Act 2009 Section 221B(1) amended 21 March 2017 section 106 Electoral Amendment Act 2017 Section 221B(1A) inserted 1 January 2023 section 26 Electoral Amendment Act 2022 222: Procurement of voting by unqualified voters Every person is guilty of an illegal practice who induces or procures to vote at any election any person whom he or she knows at the time to be disqualified or prohibited, whether under this Act or otherwise, from voting at that election. 1956 No 107 s 148 General provisions 223: Cinematograph films 1: For the purposes of this Act, the exhibition of any cinematograph film shall not be deemed to constitute bribery or treating or an illegal practice, and any payment or contract for payment in respect of any such exhibition shall not be deemed to constitute an illegal practice notwithstanding that the film may be wholly or mainly an advertisement. 2: For the purposes of this section, the expression cinematograph film film 1956 No 107 s 149 224: Punishment for corrupt or illegal practice 1: Every person who is guilty of any corrupt practice is liable on conviction a: a term of imprisonment not exceeding 2 years: b: a fine not exceeding— i: $100,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter Part 6A ii: $40,000 in any other case. 2: Every person who is guilty of any illegal practice is liable on conviction a: $40,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any illegal practice under Part 6AA 6A b: $40,000 in the case of a person who is an unregistered promoter and who is convicted of any illegal practice under section 204B 204D c: $10,000 in any other case. 3: Subsection (1) does not apply in relation to a corrupt practice under— a: section 201 b: section 43 1993 No 87 s 224 (pre-20 December 2007); 2007 No 111 ss 142 , 143 Section 224 substituted 1 March 2009 section 10 Electoral Amendment Act 2009 Section 224(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 224(1)(b)(i) amended 1 January 2011 section 32(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 224(2) substituted 1 January 2011 section 32(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 224(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 224 compare note amended 1 October 2010 section 14 Electoral (Administration) Amendment Act 2010 225: Persons charged with corrupt practice may be found guilty of illegal practice Any person charged with a corrupt practice may, if the circumstances warrant that finding, be found guilty of an illegal practice; and any person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice. 1956 No 107 s 151 226: Time limit for prosecutions 1: Despite anything to the contrary in section 25 Criminal Procedure Act 2011 a: section 205N(1) b: section 206N(1) c: section 209B(1) d: section 210D(1)(a) e: section 214G(1)(a) 1A: Despite anything to the contrary in section 25 Criminal Procedure Act 2011 section 206ZE(1) 210D(1)(b) 214G(1)(b) a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but b: not later than 3 years after the offence was committed. 2: Despite anything to the contrary in section 25 Criminal Procedure Act 2011 a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but b: not later than 3 years after the corrupt practice or illegal practice was committed. 1993 No 87 s 226 (pre-20 December 2007); 2007 No 111 s 140 Section 226 substituted 1 March 2009 section 11 Electoral Amendment Act 2009 Section 226(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 226(1)(d) substituted 1 January 2011 section 33(1) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 226(1)(e) inserted 25 March 2014 section 45 Electoral Amendment Act 2014 Section 226(1A) inserted 1 January 2011 section 33(2) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 226(1A) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 226(1A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 226(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 226A: Power to issue search warrants in respect of illegal practice Section 226A repealed 1 March 2009 section 12 Electoral Amendment Act 2009 227: Punishment for disqualified person voting If any person, while his or her name is on the Corrupt Practices List for any district, votes or applies for a ballot paper or applies to vote as a special voter at any election in that or any other district, he or she shall, notwithstanding that his or her name may be on the main roll or any supplementary roll, be liable on 1956 No 107 s 153; 1990 No 1 s 77 Section 227 amended 1 July 2013 section 413 Criminal Procedure Act 2011 228: Reversal of disqualification procured through perjury Where the name of any person is entered on the Corrupt Practices List for any district by reason of any conviction or any report by the High Court, and any witness who gave evidence against that person in the proceedings resulting in that conviction or report is convicted of perjury in respect of that evidence, that person may apply to the High Court, and that court, if satisfied that the conviction or report so far as it relates to that person was based on perjury, may order that the name of that person be removed from the Corrupt Practices List. 1956 No 107 s 154 8: Election petitions 229: Method of questioning election 1: No election and no return to the House of Representatives shall be questioned except by a petition complaining of an unlawful election or unlawful return (in this Act referred to as an election petition 2: A petition complaining of no return shall be deemed to be an election petition, and the High Court or the Court of Appeal may make such order thereon as the court thinks expedient for compelling a return to be made or may allow the petition to be heard as provided with respect to ordinary election petitions. 3: An election petition relating to the return of a member of Parliament representing an electoral district or the failure to present a return at an election for a member of Parliament representing an electoral district shall be presented to the High Court and determined in accordance with sections 230 to 257 4: An election petition relating to the allocation of seats by the Electoral Commission sections 191 to 193 sections 258 to 262 1956 No 107 s 155; 1986 No 116 s 6 Section 229(4) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 230: Election petitions to High Court 1: An election petition to which section 229(3) a: a person who voted or had a right to vote at the election: b: a person claiming to have had a right to be elected or returned at the election: c: a person alleging himself or herself to have been a constituency candidate at the election. 2: The member whose election or return is complained of shall be the respondent to the petition, and, if the petition complains of the conduct of the Electoral Commission, the Electoral Commission must 3: The petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1. 4: The petition shall be presented by filing it in the registry of the High Court nearest to the place where the election was held. The Registrar of the court shall forthwith send a copy of the petition to the Electoral Commission 5: The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. 1956 No 107 s 156; 1980 No 29 s 5(8) Section 230(2) amended 21 March 2017 section 107(1) Electoral Amendment Act 2017 Section 230(4) amended 21 March 2017 section 107(2) Electoral Amendment Act 2017 231: Time for presentation of election petition 1: Subject to the provisions of this section, an election petition shall be presented within 28 days Electoral Commission 2: If the petition questions the election or return upon an allegation of a corrupt practice and specifically alleges a payment of money or other reward to have been made by the member or on his or her account or with his or her knowledge and consent since the day of the said declaration in pursuance or furtherance of the alleged corrupt practice, it may be presented within 28 days 3: For the purposes of this section, an allegation that an election is avoided under section 238 1956 No 107 s 157; 1975 No 28 s 45 Section 231(1) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 231(1) amended 6 December 1995 section 84 Electoral Amendment Act (No 2) 1995 Section 231(2) amended 6 December 1995 section 84 Electoral Amendment Act (No 2) 1995 232: Security for costs 1: At the time of presenting an election petition or within 3 days after the expiration of the time limited for the presentation of the petition, the petitioner shall give security to the satisfaction of the Registrar of the court for all costs that may become payable by the petitioner to any witness summoned on the petitioner’s behalf or to any respondent. 2: The security shall be an amount of $1,000, and shall be given by recognisance to the Crown entered into by any number of sureties not exceeding 5 or by a deposit of money, or partly in one way and partly in the other. 3: If no security is given as required by this section, no further proceedings shall be taken on the petition. 1956 No 107 s 158 233: More than 1 petition relating to same election Where more petitions than 1 are presented relating to the same election or return, all those petitions shall be dealt with as 1 petition. 1956 No 107 s 159 234: Rules of court 1: Rules of court may be made in the manner prescribed by Senior Courts Act 2016 2: 1956 No 107 s 160; 1986 No 116 s 7 Section 234(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 234(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Trial of election petition 235: Court and place of trial 1: Every election petition to which section 229(3) 2: If any such Judge, before the conclusion of the trial, becomes unable to act, the Chief Justice shall name another Judge to act in his or her place. 3: The place of trial shall be at the registry of the court where the petition is filed: provided that the High Court, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, may appoint such other place for the trial as appears most convenient. 1956 No 107 s 161 236: Trial of petition 1: An election petition to which section 229(3) 2: The court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion. 3: The trial of an election petition shall be proceeded with notwithstanding that the respondent may have become disqualified as a member of Parliament, or that Parliament may have been prorogued. 4: Subject to this Act, the court shall have jurisdiction to inquire into and adjudicate on any matter relating to the petition in such manner as the court thinks fit, and, in particular, may at any time during the trial direct a recount or scrutiny of some or all of the votes given at the election, and shall disallow the vote of every person proved to have been guilty of any corrupt practice, or whose name has been wrongly placed or retained on the roll. 5: Notwithstanding subsection (4), the vote of any person who on polling day was entitled to be registered as an elector of the district shall not be disallowed on the ground that his or her name has been wrongly placed or retained on the roll. 6: Notwithstanding subsection (4), where an elector— a: has been registered as an elector of the district by an error on the part of an official; and b: has exercised his or her vote in respect of that district in good faith without notice of the error,— his or her vote shall not be disallowed by reason only of that error. 7: On the trial of an election petition, unless the court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and evidence in relation thereto received before any proof has been given that any candidate was aware of or consenting to the corrupt or illegal practice. 8: On the trial of an election petition to which section 229(3) 1956 No 107 s 162 237: Avoidance of election of candidate guilty of corrupt practice Where a candidate who has been elected at any election is proved at the trial of an election petition to which section 229(3) 1956 No 107 s 163 238: Avoidance of election for general corruption 1: Where it is reported by the High Court on the trial of an election petition that corrupt or illegal practices committed in relation to the election for the purpose of promoting or procuring the election of any constituency candidate or constituency candidates thereat have so extensively prevailed that they may be reasonably supposed to have affected the result, the constituency candidate’s election, if the candidate has been elected and is a respondent, shall be void. 2: Except under this section, an election shall not be liable to be avoided by reason of the general prevalence of corrupt or illegal practices. 1956 No 107 s 164 239: Votes to be struck off for corrupt practices Where, on the trial of an election petition to which section 229(3) 1956 No 107 s 165 240: Real justice to be observed On the trial of any election petition,— a: the court shall be guided by the substantial merits and justice of the case without regard to legal forms or technicalities: b: the court may admit such evidence as in its opinion may assist it to deal effectively with the case, notwithstanding that the evidence may not otherwise be admissible in the High Court. 1956 No 107 s 166 241: Irregularities not to invalidate election No election shall be declared invalid by reason of— a: any failure to comply with the times prescribed for doing any act; or b: any omission or irregularity in filling out any form prescribed by this Act or by regulations made thereunder; or c: any want or defect in the appointment of any official or scrutineer; or d: any absence of, or mistake or omission or breach of duty by, any official, whether before, during, or after the polling— if the court is satisfied that the election was so conducted as to be substantially in compliance with the law as to elections, and that the failure, omission, irregularity, want, defect, absence, mistake, or breach did not affect the result of the election. 1956 No 107 s 167 242: Decision of court to be final All decisions of the High Court under this Part shall be final and conclusive and without appeal, and shall not be questioned in any way. 1956 No 107 s 168 243: Certificate of court as to result of election At the conclusion of the trial of an election petition to which section 229(3) 1956 No 107 s 169 243A: Orders to be made by court after determination under section 243 if list seats allocated 1: This section applies if, at the conclusion of the trial of an election petition,— a: the court determines, under section 243 section 179(2) b: an allocation of seats by the Electoral Commission under sections 191 to 193 2: If this section applies, the court must— a: make an order that any declaration of election made pursuant to section 193(5) b: order that the Electoral Commission repeat any or all of the procedures prescribed by sections 191 to 193 section 193(5) c: immediately certify in writing to the Speaker the orders made under paragraphs (a) and (b). 3: The orders certified under subsection (2)(c) are final for all purposes. Section 243A inserted 25 March 2014 section 42 Electoral Amendment Act 2014 244: Report of court as to corrupt or illegal practices 1: Where, in an election petition to which section 229(3) a: whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any constituency candidate at the election, and the nature of the corrupt or illegal practice: b: whether any of the constituency candidates has been guilty by his or her agents of any corrupt or illegal practice in reference to the election: c: the names of all persons proved at the trial to have been guilty of any corrupt or illegal practice and whether they have received certificates of indemnity: d: whether there is reason to believe that corrupt or illegal practices have extensively prevailed at the election. 2: In the case of someone who is not a party to the petition nor a constituency candidate on behalf of whom the seat is claimed by the petition, the court, before reporting him or her to have been proved guilty of any corrupt or illegal practice, shall first cause notice to be given to him or her, and if he or she appears in pursuance of the notice, shall give him or her an opportunity of being heard and of calling evidence in his or her defence to show why he or she should not be so reported. 3: For the purposes of this Act, if it is reported by the court that a corrupt or illegal practice was committed with the knowledge and consent of a constituency candidate, he or she shall be treated as having been reported to have been proved guilty of that corrupt or illegal practice. 4: If a constituency candidate is reported to have been guilty by his or her agents of treating, undue influence, or any illegal practice, and the court further reports— a: that no corrupt or illegal practice was committed at the election by the constituency candidate with his or her knowledge or consent, and that the offences mentioned in the report were committed without the sanction or connivance of the constituency candidate; and b: that all reasonable means for preventing the commission of corrupt and illegal practices at the election were taken by and on behalf of the constituency candidate; and c: that the offences mentioned in the report were of a trivial, unimportant, and limited character; and d: that in all other respects the election was free from any corrupt or illegal practice on the part of the constituency candidate and of his or her agents,— the constituency candidate shall not be treated for the purposes of this Act as having been reported to have been proved guilty of the offences mentioned in the report. 1956 No 107 s 170 245: Special report At the same time as the court gives its certificate at the conclusion of the trial of an election petition to which section 229(3) 1956 No 107 s 171 246: Signature and effect of certificate and report 1: The certificate and any report of the court at the conclusion of the trial of an election petition shall be signed by at least 2 of the Judges presiding at the trial. 2: On being informed by the Speaker of the certificate and any report of the court, the House of Representatives shall order the same to be entered in the Journals of the House, and shall give the necessary directions for confirming or altering the return, or for issuing a writ for a new election, or for carrying out the determination, as the circumstances may require. 3: Where the court makes a special report, the House may make such order in respect of that report as the House thinks proper. 1956 No 107 s 172 Witnesses 247: Summons and examination of witnesses 1: Witnesses may be summoned and sworn on the trial of an election petition to which section 229(3) 2: The High Court may by order require any person who appears to the court to have been concerned in the election to attend as a witness 2A: Section 42 3: The court may examine any person so required to attend or any person in court, although he or she is not called or examined by any party to the petition. 4: After the examination of a witness as aforesaid by the court, he or she may be cross-examined by or on behalf of the petitioner and respondent, or either of them. 1956 No 107 s 173 Section 247(2) amended 26 August 2020 section 29 Contempt of Court Act 2019 Section 247(2A) inserted 26 August 2020 section 29 Contempt of Court Act 2019 248: Certificate of indemnity to witness 1: A person called as a witness on the trial of an election petition to which section 229(3) provided that— a: an answer by a person to a question put by or before the court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against that person in any proceeding, civil or criminal: b: a witness who answers truly all questions which he or she is required by the court to answer shall be entitled to receive a certificate of indemnity, stating that he or she has so answered. 2: Where a person has received a certificate of indemnity in relation to an election, and any legal proceeding is at any time instituted against that person for any offence committed by that person at or in connection with the election previously to the date of the certificate, the court having cognisance of the case shall on production of the certificate stay the proceeding, and may in its discretion award to the said person such costs as he or she has been put to in the proceeding. 3: Nothing in this section shall be deemed to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceedings to enforce any such incapacity (other than a criminal prosecution). 1956 No 107 s 174 249: Expenses of witnesses 1: The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition to which section 229(3) 2: Any such expenses, if the witness was called and examined by the court, shall be deemed to be part of the expenses of the court, and in other cases shall be deemed to be costs of the petition. 1956 No 107 s 175 Costs 250: Costs of petition 1: All costs of and incidental to the presentation of an election petition to which section 229(3) 2: If a petitioner fails for 6 months after demand to pay to any person summoned as a witness on the petitioner’s behalf, or to the respondent, any sum certified to be due to that person for costs, and the failure is within 1 year after the demand proved to the satisfaction of the High Court, every person who has under this Act entered into a recognisance relating to the petition shall be held to have made default in the recognisance, and it shall be dealt with in the manner provided by section 21 3: For the purposes of subsection (2), sections 21 23 Schedule 3 Part 9 1956 No 107 s 176 Section 250(3) inserted 8 September 2018 section 40(2) Statutes Amendment Act 2018 251: Costs payable by persons proved guilty of corrupt or illegal practices 1: Where on the trial of an election petition to which section 229(3) 2: All costs so ordered to be paid may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid. 1956 No 107 s 177 Withdrawal and abatement of petitions 252: Withdrawal of petition 1: A petitioner shall not withdraw an election petition to which section 229(3) 2: No such application shall be made until the prescribed notice of the intention to make it has been given in the district to which the petition relates. 3: Where there are more petitioners than 1, an application to withdraw the petition shall not be made except with the consent of all the petitioners. 4: If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent. 1956 No 107 s 178 253: Substitution of new petitioner 1: On the hearing of an application for leave to withdraw a petition, any person who might in the first instance have presented the petition may apply to the court to be substituted as a petitioner. 2: The court may, if it thinks fit, substitute any such applicant as petitioner, and may, if the proposed withdrawal is in the opinion of the court the result of any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner, and that to the extent of the sum named in the security the original petitioner shall be liable to pay the costs of the substituted petitioner. 3: If the court does not so direct, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner within 3 days after the order of substitution. 4: Subject as aforesaid, a substituted petitioner shall as nearly as may be stand in the same position and be subject to the same liabilities as the original petitioner. 1956 No 107 s 179 254: Report on withdrawal In every case of the withdrawal of an election petition to which section 229(3) 1956 No 107 s 180 255: Abatement of petition 1: An election petition to which section 229(3) 2: The abatement of a petition shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred. 3: On the abatement of a petition, notice of the abatement shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court in the prescribed manner to be substituted as a petitioner. On any such application the High Court may, if it thinks fit, substitute the applicant accordingly. 4: Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition. 1956 No 107 s 181 General provisions 256: Withdrawal and substitution of respondents before trial 1: If, before the trial of an election petition to which section 229(3) the Electoral Commission a: dies; or b: gives the prescribed notice that he or she does not intend to oppose the petition; or c: loses his or her seat by reason of the House of Representatives resolving that the seat is vacant,— notice thereof shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed 3. 2: A respondent who has given the prescribed notice that he or she does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon, and shall not sit or vote in the House of Representatives until that House has been informed of the report on the petition. 3: Where a respondent has given the prescribed notice as aforesaid, the court shall report that fact to the Speaker. 1956 No 107 s 182 Section 256(1) amended 21 March 2017 section 108 Electoral Amendment Act 2017 257: Submission of report to Attorney-General Where the High Court reports that certain persons named have been proved at the trial of an election petition to have been guilty of any corrupt or illegal practice, the report shall be given to the Attorney-General. 1956 No 107 s 183 258: Electoral petitions to Court of Appeal 1: An electoral petition relating to the allocation of seats under sections 191 to 193 the part of the ballot paper that relates to the party vote 2: The petition may seek a review of the procedures and methods used to allocate seats to political parties under sections 191 to 193 3: The respondents shall be the other political parties named in the part of the ballot paper that relates to the party vote Electoral Commission Electoral Commission 4: Subject to subsections (1) to (3), the petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1. 5: The petition shall be presented by filing it in the Registry of the Court of Appeal. The Registrar of the court shall forthwith send a copy of the petition to the Electoral Commission 6: The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. Section 258(1) amended 1 July 1996 section 7 Electoral Amendment Act (No 2) 1996 Section 258(3) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 258(3) amended 1 July 1996 section 7 Electoral Amendment Act (No 2) 1996 Section 258(5) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 259: Time for presentation of an election petition to Court of Appeal An election petition under section 258 28 days section 193(5) Electoral Commission Section 259 amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 Section 259 amended 6 December 1995 section 85 Electoral Amendment Act (No 2) 1995 260: Matters excluded from challenge On the hearing of a petition presented pursuant to section 258 a: that the vote of any elector should have been disallowed because he or she was not qualified to vote in the electoral district in respect of which he or she cast his or her vote; or b: that the vote of any voter that was disallowed should have been allowed; or c: that a candidate or candidates, or the agent of any candidate, was engaged in a corrupt or illegal practice; or d: that corrupt or illegal practices prevailed at the election. 261: Provisions applied Where any petition is presented under section 258 sections 232 to 235 section 236 sections 240 to 242 sections 245 to 250 and section 252 Section 261 amended 1 July 1996 section 8(a) Electoral Amendment Act (No 2) 1996 Section 261 amended 1 July 1996 section 8(b) Electoral Amendment Act (No 2) 1996 262: Certificate of court as to result of petitions At the conclusion of the trial of an election petition to which section 258 a: determine whether the procedures used to allocate seats to political parties under sections 191 to 193 b: determine whether the return of members of Parliament consequential upon the allocation under sections 191 to 193 c: make such orders as are necessary to correct any error or invalidity, including— i: an order that any declaration of election made pursuant to section 193(5) ii: an order that any candidate not named in a declaration of election made pursuant to section 193(5) iii: an order requiring the Electoral Commission sections 191 to 193 d: forthwith certify in writing its determination to the Speaker and the determination so certified shall be final to all intents and purposes. Section 262(c)(iii) amended 1 October 2010 section 32(1)(a) Electoral (Administration) Amendment Act 2010 9: Miscellaneous provisions 263: Service of notices 1: Any notice under this Act may be served on any person by delivering it to that person, and may be delivered to that person either personally or by leaving it at his or her place of residence as stated on the roll or by posting it by registered letter addressed to him or her at that place of residence. 2: A notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered. 3: Where any notice is sent by registered letter addressed to any person at his or her place of residence as stated on the roll, with a special request that the letter be returned to the sender at the expiration of 15 days if the person to whom the letter is addressed cannot be found, the return of the letter by a person registered as a postal operator under the Postal Services Act 1998 4: Registered letter a: provides a system of recorded delivery; and b: is similar in nature to a registered post service provided by a person registered as a postal operator under the Postal Services Act 1998 1956 No 107 s 184 Section 263(3) amended 1 July 2012 section 51(1) Electoral (Administration) Amendment Act 2011 Section 263(4) inserted 1 July 2012 section 51(2) Electoral (Administration) Amendment Act 2011 263A: Disclosure of immigration information for matching purposes 1: In this section,— immigration information a: information concerning— i: any person who the chief executive of the responsible department believes is unlawfully in New Zealand; or ii: any person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type; and b: information that, in relation to any person described in paragraph (a)(i) or (ii), is as follows: i: the person’s full name: ii: any aliases known to be used by that person: iii: the person’s date of birth: iv: the person’s address (if known): v: the expiry date of any visa held by the person responsible department Immigration Act 2009 2: The purpose of this section is to facilitate the disclosure of information from the responsible department to the Electoral Commission a: verifying, for the purposes of this Act, that any person who is, or has applied to be, registered as an elector of an electoral district b: verifying that a person who is, or has applied to be, registered as an elector i: a person who is unlawfully in New Zealand; or ii: a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type. 3: For the purposes of this section, any officer or employee or agent of the responsible department authorised in that behalf by the chief executive of that department may, at the request of the Electoral Commission Electoral Commission 4: If, in relation to any person, immigration information is supplied to the Electoral Commission Electoral Commission Electoral Commission 5: Subsection (6) applies in respect of a person if the result of a comparison carried out under subsection (4) indicates that the person has applied to be (but is not yet) registered as an elector, or is on the electoral roll, and is— a: a person who the chief executive of the responsible department believes is unlawfully in New Zealand; or b: a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa of whatever type. 6: If this subsection applies in respect of a person, the Electoral Commission must,— a: if the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87 b: if the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 7: On or after 1 December 2020, no information may be disclosed under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 Section 263A substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 263A(2) amended 1 July 2012 section 52(18)(g) Electoral (Administration) Amendment Act 2011 Section 263A(2)(a) amended 17 August 2011 section 26(1) Electoral (Administration) Amendment Act 2011 Section 263A(2)(b) amended 17 August 2011 section 26(2) Electoral (Administration) Amendment Act 2011 Section 263A(3) amended 1 July 2012 section 52(18)(g) Electoral (Administration) Amendment Act 2011 Section 263A(4) amended 1 July 2012 section 52(18)(g) Electoral (Administration) Amendment Act 2011 Section 263A(5) replaced 21 March 2017 section 109 Electoral Amendment Act 2017 Section 263A(6) replaced 21 March 2017 section 109 Electoral Amendment Act 2017 Section 263A(7) inserted 1 December 2020 section 190 Privacy Act 2020 263B: Disclosure of personal information for enrolment purposes 1: The purpose of this section is to facilitate the disclosure of information described in subsection (2) by a specified agency to the Electoral Commission a: identifying persons who are qualified to apply to register as an elector but who have not yet registered; and b: encouraging those persons identified to register as an elector; and c: updating and ensuring the accuracy of the particulars of persons whose names are on the roll. 2: The information referred to in subsection (1) is the following information relating to any person of or over the age of 17 years: a: the person’s full name: b: the person’s date of birth: c: the person’s address of residence (if known): d: the person’s postal address (if known and if different from the address of residence in paragraph (c)): e: the person’s preferred honorific (if known): f: the date at which the information in paragraphs (a) to (e) held by the agency was last provided to the agency. 3: For the purposes of this section, a specified agency a: the department for the time being responsible for the administration of the Social Security Act 2018 b: the Registrar of Motor Vehicles c: the New Zealand Transport Agency d: the Department of Internal Affairs. 4: For the purposes of this section, any officer or employee or agent of a specified agency, authorised by the chief executive of that agency, may from time to time, at the request of the Electoral Commission Electoral Commission a: in the case of the department for the time being responsible for the administration of the Social Security Act 2018 i: beneficiary; or ii: student; or iii: borrower (as that term is defined in section 4(1) b: in the case of the Registrar of Motor Vehicles c: in the case of the New Zealand Transport Agency d: in the case of the Department of Internal Affairs, in relation to any persons— i: who obtain New Zealand citizenship under the Citizenship Act 1977 ii: by whom, or on whose behalf, an application is made under the Passports Act 1992 5: If, in relation to any person, information is supplied to the Electoral Commission Electoral Commission Electoral Commission 5A: On or after 1 December 2020, no information may be disclosed under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 6: In this section, Registrar of Motor Vehicles Registrar section 233(1) Section 263B inserted 28 February 2002 section 97 Electoral Amendment Act 2002 Section 263B(1) amended 1 July 2012 section 52(18)(h) Electoral (Administration) Amendment Act 2011 Section 263B(3)(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 263B(3)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 263B(3)(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 263B(4) amended 1 July 2012 section 52(18)(h) Electoral (Administration) Amendment Act 2011 Section 263B(4)(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 263B(4)(a)(iii) amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 263B(4)(b) amended 25 March 2014 section 45 Electoral Amendment Act 2014 Section 263B(4)(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 263B(4)(d) substituted 17 August 2011 section 27 Electoral (Administration) Amendment Act 2011 Section 263B(5) amended 1 July 2012 section 52(18)(h) Electoral (Administration) Amendment Act 2011 Section 263B(5A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 263B(6) inserted 25 March 2014 section 45 Electoral Amendment Act 2014 264: Review by select committee 1: The House of Representatives shall, as soon as practicable after 1 April 2000, appoint a select committee to consider the following matters: a: the effect of sections 35 36 b: the provisions of this Act dealing with Maori representation: c: whether there should be a further referendum on changes to the electoral system. 2: The select committee appointed under subsection (1) shall report to the House of Representatives before 1 June 2002 and shall include in its report a statement indicating— a: whether, in its view, there should be changes to sections 35 36 b: whether, in its view, there should be changes to the provisions of this Act dealing with Maori representation; and c: whether in its view there should be a further referendum on changes to the electoral system, and, if so, the nature of the proposals to be put to voters and the timing of such a referendum. 265: Registrars of Electors exempt from court fees Registrars of Electors shall be exempt from the payment of any court fees in respect of any proceedings under this Act. 1956 No 107 s 186; 1980 No 29 s 5(6) 266: Validation of irregularities Where anything is omitted to be done or cannot be done at the time required by or under this Act, 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 Act, the Governor-General may, by Order in Council published in the Gazette provided that this section shall not apply with respect to the presentation of an election petition or to the giving of security for costs in relation to an election petition. 1956 No 107 s 187 Section 266 amended 5 August 2013 section 77(3) Legislation Act 2012 266A: Expenditure limits to be adjusted each year by Order in Council 1: The Governor-General must, by Order in Council made on the recommendation of the Minister, in the manner provided in subsections (2) to (6), adjust the amounts specified in the following provisions: a: section 204B(1)(d) b: section 205C c: section 206C d: section 206V 2: The first Order in Council must— a: come into force on 1 July 2011; and b: adjust the amount referred to in section 206C(1)(a) 3: Every subsequent Order in Council must— a: come into force on every following 1 July; and b: adjust the amounts referred to in subsection (1) to reflect the movement between the CPI for the quarter ending 31 March of the previous year and the CPI for the quarter ending 31 March of the current year. 4: If after adjustment in accordance with subsection (3)(b) any of the amounts specified in the following sections is not a whole number of hundred dollars, the adjusted amount must be rounded up to the next whole hundred dollars: a: section 204B(1)(d) b: section 205C(1)(a) and (b) c: section 206C(1)(b) and (2) 5: If after adjustment in accordance with subsection (2)(b) or (3)(b) the amount specified in section 206C(1)(a) 206V 6: If an adjusted amount has been rounded up in accordance with subsection (4) or (5), the adjustment to that amount made the following year must be based on the adjusted amount as it was before it was rounded up. 6A: If in any year a regulated period for a general election or a by-election commences before 1 July and ends on or after that date,— a: the adjustments to the amounts referred to in subsection (1) made by the Order in Council that commences on 1 July of that year do not apply in respect of that election or by-election; and b: the adjustments to the amounts referred to in subsection (1) made by the Order in Council of the previous year apply to that election or by-election. 7: In this section, CPI 8: An order under this section is secondary legislation ( see Part 3 2007 No 111 s 134 The following table is small in size and has 3 columns that are grouped under the 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 266A inserted 1 January 2011 section 34 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 266A(6A) inserted 25 March 2014 section 43 Electoral Amendment Act 2014 Section 266A(7) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 266A(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 267: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing forms for the purposes of this Act: b: prescribing fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the Electoral Commission section 114 c: prescribing criteria, in addition to those specified in section 111E(3)(a) to (d) ca: defining iwi organisation and other Maori organisation for the purposes of sections 111A to 111F d: prescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside New Zealand): e: prescribing conditions upon or subject to which special voters may vote: f: prescribing different methods of voting for different classes of special voters: g: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act: h: prescribing penalties for offences against regulations made under this Act, not exceeding imprisonment for a term of 3 months or a fine of $1,000 or both: i: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 1956 No 107 s 188; 1990 No 1 s 78(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 267(1)(b) substituted 28 February 2002 section 98 Electoral Amendment Act 2002 Section 267(1)(b) amended 1 July 2012 section 52(17)(t) Electoral (Administration) Amendment Act 2011 Section 267(1)(c) substituted 28 February 2002 section 98 Electoral Amendment Act 2002 Section 267(1)(ca) inserted 28 February 2002 section 98 Electoral Amendment Act 2002 Section 267(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 267A: Regulations relating to advertisement of a specified kind 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations regulating— a: all or any of the following matters in relation to an advertisement of a specified kind: i: design: ii: layout: iii: shape: iv: colour: b: the procedures to be followed by any person before displaying an advertisement of a specified kind. 2: Regulations made under subsection (1)(a)— a: may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and b: apply only during the period beginning 9 weeks 3: Regulations made under subsection (1) may— a: impose different requirements for an advertisement of a specified kind depending on how it is published: b: override or modify any other enactment and any bylaw or other instrument. 4: In this section, advertisement of a specified kind section 221B(2) 5: This section is subject to section 267B 6: Regulations under this section are secondary legislation ( see Part 3 1993 No 87 s 267A (pre-20 December 2007) The following table is small in size and has 3 columns that are grouped under the 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 267A substituted 1 March 2009 section 13 Electoral Amendment Act 2009 Section 267A(2)(b) amended 21 March 2017 section 110 Electoral Amendment Act 2017 Section 267A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 267B: Requirements before Minister can recommend that regulations be made 1: The Minister may not recommend the making of any regulations under section 267A(1)(a) a: the Minister has consulted with the Minister who is for the time being responsible for the administration of the Land Transport Act 1998 b: the Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and c: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and d: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament. 2: The Minister may not recommend the making of any regulations under section 267A(1)(b) a: the Minister has consulted with the Minister of Local Government; and b: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and c: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament. 1993 No 87 s 267B (pre-20 December 2007) Section 267B substituted 1 March 2009 section 13 Electoral Amendment Act 2009 268: Restriction on amendment or repeal of certain provisions 1: This section applies to the following provisions (hereinafter referred to as reserved provisions a: section 17(1) b: section 28 c: section 35 section 3(1) d: section 36 e: section 74 section 3(1) section 60(f) f: section 168 2: No reserved provision shall be repealed or amended unless the proposal for the amendment or repeal— a: is passed by a majority of 75% of all the members of the House of Representatives; or b: has been carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts: provided that this section shall not apply to the repeal of any reserved provision by a consolidating Act in which that provision is re-enacted without amendment and this section is re-enacted without amendment so as to apply to that provision as re-enacted. 1956 No 107 s 189; 1975 No 28 s 6(2)(e); 1986 No 116 s 8 Transitional provisions 269: Membership of Representation Commission 1: Every person who held office as a member of the Representation Commission under section 15(2)(e) or section 15(2)(f) or section 15(3)(b) of the Electoral Act 1956 immediately before the commencement of this section shall be deemed to have been appointed as a member of the Commission under section 28(2)(e) 2: For the purpose of enabling the Representation Commission to divide New Zealand into electoral districts on the first occasion after this Act is passed, the Minister shall, as soon as is practicable after the commencement of this section, specify a period of 2 months during which any Maori may exercise the option given by section 76 3: Following the report of the Electoral Commission section 77(6) Electoral Commission 4: Upon the receipt of that report, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the General electoral districts and the Maori electoral districts and shall then call a meeting of the Commission. 5: The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population and the Maori electoral population of New Zealand or of the North Island or of the South Island or of any district. 6: In relation to the first occasion on which, after the commencement of this section, New Zealand is, under this Act, divided into electoral districts, section 35(3)(f)(i) Section 269(3) amended 1 July 2012 section 52(18)(i) Electoral (Administration) Amendment Act 2011 270: Electoral districts, electoral rolls, general elections, and by-elections 1: Every General electoral district and every Maori electoral district in existence under the Electoral Act 1956 immediately before the commencement of this section shall remain in existence until such districts are replaced by new electoral districts in accordance with the provisions of sections 40 45 2: Every electoral roll in force under the Electoral Act 1956 immediately before the commencement of this section shall continue in force until replaced by new electoral rolls in accordance with the provisions of sections 101 to 103 3: For the purposes of any general election of members of Parliament conducted following a dissolution of Parliament that takes place before the gazetting of the notice required by section 40(1)(b) section 45(9)(b) 4: For the purposes of any by-election that takes place before the first general election that is conducted in accordance with the provisions of this Act, the electoral district in respect of which that election is conducted shall be the relevant electoral district that was in existence immediately before the commencement of this section, and the provisions of this Act, including subsections (2) to (4) of section 102 5: Any person who immediately before the commencement of this section held the position of— a: Clerk of the Writs; or b: Deputy Clerk of the Writs; or c: Chief Electoral Officer; or d: Deputy Chief Electoral Officer; or e: Returning Officer; or f: Deputy Chief Registrar of Electors; or g: Registrar of Electors— shall, without further appointment, be deemed, as from the commencement of this section, to have been duly appointed under this Act. Amendment to Constitution Act 1986 271: Term of Parliament Amendment(s) incorporated in the Act(s) Amendment to Civil List Act 1979 272: Questioned elections of members of Parliament Amendment(s) incorporated in the Act(s) Amendment to Remuneration Authority Heading amended 1 April 2003 section 3(3) Remuneration Authority (Members of Parliament) Amendment Act 2002 273: Officers whose remuneration is to be determined by Remuneration Authority Amendment(s) incorporated in the Act(s) Section 273 heading amended 1 April 2003 section 3(3) Remuneration Authority (Members of Parliament) Amendment Act 2002 Amendments to Local Elections and Polls Act 1976 Heading repealed 1 July 2001 section 151 Local Electoral Act 2001 274: Residential electoral roll Section 274 repealed 1 July 2001 section 151 Local Electoral Act 2001 275: Supply of information by Chief Registrar of Electors Section 275 repealed 1 July 2001 section 151 Local Electoral Act 2001 276: Application for registration as parliamentary elector Section 276 repealed 1 July 2001 section 151 Local Electoral Act 2001 277: Completion of roll Section 277 repealed 1 July 2001 section 151 Local Electoral Act 2001 278: Amendments to roll Section 278 repealed 1 July 2001 section 151 Local Electoral Act 2001 279: Roll for by-election or poll Section 279 repealed 1 July 2001 section 151 Local Electoral Act 2001 280: Special voters Section 280 repealed 1 July 2001 section 151 Local Electoral Act 2001 281: Election to fill extraordinary vacancy in local authority Section 281 repealed 1 July 2001 section 151 Local Electoral Act 2001 Amendment to Ombudsmen Act 1975 Heading repealed 25 January 2005 section 200 Crown Entities Act 2004 282: Organisations to which Ombudsmen Act 1975 applies Section 282 repealed 25 January 2005 section 200 Crown Entities Act 2004 Amendments to Public Finance Act 1989 Heading repealed 25 January 2005 section 200 Crown Entities Act 2004 283: Crown entities Section 283 repealed 25 January 2005 section 200 Crown Entities Act 2004 Repeals 284: Repeals The enactments specified in Schedule 3

DLM325508

1993

Takeovers Act 1993

1: Short Title and commencement 1: This Act may be cited as the Takeovers Act 1993. 2: Except as provided in subsection (3), this Act shall come into force on 1 July 1994. 3: Section 17 Part 3 Section 1(3) replaced 1 June 2001 section 3 Takeovers Amendment Act 2001 2: Interpretation 1: In this Act, unless the context otherwise requires,— accounting period section 5(1) code company a: has the meaning given to it in section 2A b: includes, for the purpose set out in section 2AB company section 2(1) court director a: in relation to a company, means a person occupying the position of a director of the company, by whatever name called; and b: in relation to a partnership (other than a special partnership or a limited partnership), means a partner; and c: in relation to a special partnership or a limited partnership, means a general partner; and d: in relation to a body corporate or unincorporate not referred to in paragraphs (a) to (c), means a person occupying a position in the body corporate or unincorporate e: in relation to any other person, means that person; and f: includes a person in accordance with whose directions or instructions a person referred to in paragraphs (a) to (e) may be required or is accustomed to act in respect of the performance or exercise of duties or powers as, or comparable to those of, a director document a: anything on which there is writing or any image; and b: information recorded by means of any article or device (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device; and c: material subsequently derived from information recorded by that means financial product a: means— i: an equity security within the meaning of section 8 ii: a debt security, within the meaning of section 8 iii: a managed investment product, within the meaning of section 8 b: includes a financial product that is convertible, at the option of the product holder, into a financial product of the type referred to in paragraph (a)(i), (ii), or (iii) FMA Part 2 licensed market section 6(1) licensed market operator section 6(1) listed issuer section 6(1) Minister overseas regulator Panel a: means the Takeovers Panel established under Part 1 b: for the purposes of determining any matter or class of matter specified in a determination under section 7A section 7C(1)(a) quoted Registrar Companies Act 1993 subsidiary sections 5 to 8 takeovers code section 19 voting right a: during a period in which a payment or distribution (or part of a payment or distribution) in respect of the financial product b: on a proposal that affects rights attached to the financial product c: on a proposal to put the company into liquidation: d: on a proposal for the disposal of the whole, or a material part, of the property, business, and undertaking of the company: e: during the liquidation of the company: f: in respect of a special, immaterial, or remote matter that is inconsequential to control of the company. 2: In sections 32 33 33AA subpart 2 contravene the takeovers code not act in compliance with the takeovers code a: a contravention of the takeovers code or a term or condition of an exemption from the takeovers code; or b: an attempt to contravene the takeovers code or a term or condition of an exemption from the takeovers code; or c: aiding, abetting, counselling, or procuring any other person to contravene the takeovers code or a term or condition of an exemption from the takeovers code; or d: inducing, or attempting to induce, any other person, whether by threats or promises or otherwise, to contravene the takeovers code or a term or condition of an exemption from the takeovers code; or e: being in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention by any other person of the takeovers code or a term or condition of an exemption from the takeovers code; or f: conspiring with any other person to contravene the takeovers code or a term or condition of an exemption from the takeovers code. Section 2(1) accounting period inserted 13 January 2020 section 116(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2(1) code company replaced 13 January 2020 section 116(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2(1) company replaced 25 October 2006 section 4(1) Takeovers Amendment Act 2006 Section 2(1) court replaced 1 December 2002 section 4(1) Takeovers Amendment Act 2002 Section 2(1) director replaced 3 July 2014 section 31(2) Companies Amendment Act 2014 Section 2(1) director amended 31 March 2017 section 126 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 2(1) document replaced 1 December 2002 section 4(2) Takeovers Amendment Act 2002 Section 2(1) financial product inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) FMA inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) licensed market inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) licensed market operator inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) listed issuer inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) Minister replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) overseas regulator inserted 1 December 2002 section 4(3) Takeovers Amendment Act 2002 Section 2(1) Panel replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) public issuer repealed 25 October 2006 section 4(4) Takeovers Amendment Act 2006 Section 2(1) quoted replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) registered exchange repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) registered exchange's market repealed 24 November 2009 section 23(1) Securities Markets Amendment Act 2009 Section 2(1) registered exchange's securities market repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) Registrar inserted 1 June 2001 section 4 Takeovers Amendment Act 2001 Section 2(1) Securities Commission repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) security repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) specified company repealed 7 July 2010 section 4(3) Takeovers Amendment Act 2010 Section 2(1) stock exchange repealed 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 2(1) subsidiary inserted 13 January 2020 section 116(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2(1) takeovers code inserted 1 December 2002 section 4(3) Takeovers Amendment Act 2002 Section 2(1) voting right inserted 25 October 2006 section 4(3) Takeovers Amendment Act 2006 Section 2(1) voting right amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) voting right amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(2) replaced 25 October 2006 section 4(5) Takeovers Amendment Act 2006 2A: Meaning of code company 1: Code company a company— a: that is b: that was takeovers code c: that— i: has 50 or more shareholders and 50 or more share parcels; and ii: is at least medium-sized. 2: 3: In this section, shareholder financial product 4: In this section, a company is at least medium-sized a: the company has completed 1 or more accounting periods and either or both of the following are true: i: on the last day of the company’s most recently completed accounting period, the total assets of the company and its subsidiaries (if any) are at least $30 million: ii: in the most recently completed accounting period, the total revenue of the company and its subsidiaries (if any) is at least $15 million; or b: the company has not completed its first accounting period and on the last day of the most recently completed month the total assets of the company and its subsidiaries (if any) are at least $30 million. Section 2A inserted 31 August 2012 section 5 Takeovers Amendment Act 2012 Section 2A(1) amended 13 January 2020 section 117(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2A(1)(a) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2A(1)(a) amended 13 January 2020 section 117(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2A(1)(b) amended 13 January 2020 section 117(3) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2A(1)(c) replaced 13 January 2020 section 117(4) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2A(2) repealed 13 January 2020 section 117(5) Regulatory Systems (Economic Development) Amendment Act 2019 Section 2A(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2A(4) inserted 13 January 2020 section 117(6) Regulatory Systems (Economic Development) Amendment Act 2019 2AB: Extended meaning of code company for purpose of completing code-regulated transactions 1: This section applies if a company ceases to be a code company within the meaning of section 2A(1) 2: The company continues to be treated as a code company for the purpose of completing the transaction or event, until the transaction or event is complete and all requirements of the code in relation to the transaction or event have been complied with. 3: For the purposes of subsection (2), if, as a result of the transaction or event, a person becomes a dominant owner in the company, completing the transaction or event Part 7 4: Subsection (2) does not prevent the company from again becoming a code company under section 2A(1) 5: In this section,— a: dominant owner b: words or expressions used in the definition of dominant owner have the same meanings as they have in the takeovers code: c: a reference to rules in Part 7 Section 2AB inserted 13 January 2020 section 118 Regulatory Systems (Economic Development) Amendment Act 2019 2B: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2B inserted 31 March 2017 section 127 Regulatory Systems (Commercial Matters) Amendment Act 2017 3: Act to bind the Crown This Act binds the Crown. 4: Object of this Act The object of this Act is to— a: establish a panel to be called the Takeovers Panel b: empower the Minister, in consultation with the Panel, to formulate and make recommendations concerning the takeovers code (which sets out the rules applying to takeovers of code companies c: provide for the administration and enforcement of the takeovers code: ca: provide criminal liability for false or misleading statements or information in relation to takeovers of code companies d: empower the Panel to keep under review, and promote public understanding of, the law relating to takeovers of code companies e: empower the Panel to co-operate with overseas regulators. Section 4(a) amended 1 December 2002 section 5(1) Takeovers Amendment Act 2002 Sections 4(b) replaced 1 December 2002 section 5(2) Takeovers Amendment Act 2002 Section 4(b) amended 7 July 2010 section 5 Takeovers Amendment Act 2010 Sections 4(c) replaced 1 December 2002 section 5(2) Takeovers Amendment Act 2002 Section 4(ca) inserted 25 October 2006 section 5 Takeovers Amendment Act 2006 Section 4(ca) amended 7 July 2010 section 5 Takeovers Amendment Act 2010 Sections 4(d) replaced 1 December 2002 section 5(2) Takeovers Amendment Act 2002 Section 4(d) amended 7 July 2010 section 5 Takeovers Amendment Act 2010 Sections 4(e) replaced 1 December 2002 section 5(2) Takeovers Amendment Act 2002 1: Takeovers Panel 5: Establishment of Takeovers Panel 1: There is hereby established a panel to be called the Takeovers Panel. 2: The Panel is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 4: Members of the Panel are the board for the purposes of the Crown Entities Act 2004 Section 5(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Sections 5(3) inserted 25 January 2005 section 200 Crown Entities Act 2004 Sections 5(4) inserted 25 January 2005 section 200 Crown Entities Act 2004 6: Membership of Panel 1: The Panel shall consist of not less than 5 and not more than 11 2: Despite clause 1(2) 2A: The chairperson and any deputy chairperson of the Panel may only be removed from office as chairperson or deputy chairperson for just cause. 3: At least 1 member of the Panel must be a barrister, a solicitor, or a barrister and solicitor 4: The Minister must not recommend a person for appointment as a member of the Panel unless, in the opinion of the Minister, that person is qualified or experienced in business, accounting, or law. 5: Subsection (4) does not limit section 29 Section 6(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1) amended 1 December 2002 section 6(1) Takeovers Amendment Act 2002 Section 6(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) amended 1 December 2002 section 6(2) Takeovers Amendment Act 2002 Section 6(4) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 6(5) inserted 25 January 2005 section 200 Crown Entities Act 2004 7: Associate members Section 7 repealed 1 December 2002 section 7(1) Takeovers Amendment Act 2002 7A: Panel may act by divisions 1: The Panel or chairperson may determine that the powers of the Panel in relation to any matter or class of matters may be exercised by separate divisions of the Panel. 2: However, the Panel or chairperson must not determine that a separate division of the Panel may exercise— a: any power in connection with the performance of its functions under section 8(1)(a) b: the power of the Panel to grant an exemption under section 45(1)(c) 3: The Panel or chairperson may revoke or amend a determination made under subsection (1). 4: Every determination (or revocation or amendment of a determination) must be recorded in writing and signed by 3 members or the chairperson. 5: The powers in this section are an exception to clause 14 6: Clause 7 Section 7A replaced 1 December 2002 section 8 Takeovers Amendment Act 2002 Section 7A(2)(b) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 7A(5) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 7A(6) inserted 25 January 2005 section 200 Crown Entities Act 2004 7B: Membership and chairperson of division 1: Each division consists of the members who are assigned to it for the time being by the Panel or the chairperson. 1A: Each division must have at least 3 members. 2: If the members appointed to a division do not include either the chairperson or the deputy chairperson, the Panel or 3: 4: Section 7B inserted 1 June 2001 section 5(1) Takeovers Amendment Act 2001 Section 7B(1) replaced 1 December 2002 section 9(1) Takeovers Amendment Act 2002 Section 7B(1A) inserted 1 December 2002 section 9(1) Takeovers Amendment Act 2002 Section 7B(2) amended 1 December 2002 section 9(2) Takeovers Amendment Act 2002 Section 7B(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7B(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 7C: Powers of division 1: For the purposes of determining any matter or class of matter specified in a determination section 7A a: the Panel consists determination b: the powers of any such division are not affected by any changes or vacancies in its membership. 2: A division of the Panel may exercise powers of the Panel under this Act even though another division of the Panel is exercising powers of the Panel at the same time. 3: A resolution signed or assented to in writing (whether sent by post, delivery, or electronic communication) by all members of a division is as valid and effectual as if it had been passed at a meeting of that division duly called and constituted. 4: The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members. Section 7C inserted 1 June 2001 section 5(1) Takeovers Amendment Act 2001 Section 7C(1) amended 1 December 2002 section 10(1) Takeovers Amendment Act 2002 Section 7C(1)(a) amended 1 December 2002 section 10(1) Takeovers Amendment Act 2002 Section 7C(1)(a) amended 1 December 2002 section 10(2) Takeovers Amendment Act 2002 Section 7C(3) inserted 31 August 2012 section 6 Takeovers Amendment Act 2012 Section 7C(4) inserted 31 August 2012 section 6 Takeovers Amendment Act 2012 8: Functions of Panel 1: The Panel has the following functions: a: to keep under review the law relating to takeovers of code companies b: c: for the purposes of paragraph (a) code companies d: to investigate any act or omission or practice for the purpose of exercising its powers and functions under Parts 3 4 e: to make determinations and orders and make applications to the court in accordance with Part 3 eaa: to make determinations in relation to the reimbursement of expenses under sections 47 to 53 ea: to co-operate with any overseas regulator and, for that purpose (but without limiting this function), to communicate, or make arrangements for communicating, to that overseas regulator information obtained by the Panel in the performance of its functions and powers (whether or not confidential) that the Panel considers may assist that overseas regulator in the performance of its functions: eb: to consider applications for an order under section 236(1) section 236A f: to promote public understanding of the law and practice relating to takeovers: g: to perform such other functions as are conferred on it by this Act. 2: In the exercise of its functions and powers under Parts 3 4 3: Except as expressly provided otherwise in this or any other Act, the Panel must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— a: this Act; and b: any other Act that expressly provides for the functions, powers, or duties of the Panel (other than the Crown Entities Act 2004 Section 8(1)(a) replaced 1 December 2002 section 11(1) Takeovers Amendment Act 2002 Section 8(1)(a) amended 7 July 2010 section 6(1) Takeovers Amendment Act 2010 Section 8(1)(b) repealed 1 December 2002 section 11(1) Takeovers Amendment Act 2002 Section 8(1)(c) amended 7 July 2010 section 6(1) Takeovers Amendment Act 2010 Section 8(1)(c) amended 1 December 2002 section 11(2) Takeovers Amendment Act 2002 Section 8(1)(d) amended 7 July 2010 section 6(2) Takeovers Amendment Act 2010 Section 8(1)(eaa) inserted 31 March 2017 section 128 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 8(1)(ea) inserted 1 December 2002 section 11(3) Takeovers Amendment Act 2002 Section 8(1)(eb) inserted 3 July 2014 section 31(3) Companies Amendment Act 2014 Section 8(2) amended 7 July 2010 section 6(3) Takeovers Amendment Act 2010 Section 8(3) inserted 25 January 2005 section 200 Crown Entities Act 2004 9: Powers of Panel to take evidence Section 9 repealed 1 December 2002 section 12 Takeovers Amendment Act 2002 10: Provisions relating to certain proceedings before Panel Section 10 repealed 1 December 2002 section 12 Takeovers Amendment Act 2002 11: Protection from liability for Panel and members, officers, and employees 1: No proceedings, civil or criminal, shall lie against the Panel for anything it may do or fail to do in the course of the exercise or intended exercise of its functions, unless it is shown that the Panel acted without reasonable care or in bad faith. 2: No proceedings, civil or criminal, lie against any member of the Panel, or any officer or employee of the Panel, or any member of a committee of the Panel, for anything that person may do or say or fail to do or say in the course of the operations of the Panel, unless it is shown by the Panel that the person acted in bad faith. 3: Nothing in subsections (1) and (2) applies in respect of proceedings for— a: an offence against section 78 section 78A section 105 section 105A b: the offence of conspiring to commit an offence against section 78 section 78A section 105 section 105A c: the offence of attempting to commit an offence against section 78 section 78A section 105 section 105A 3A: Section 59(3) 3B: Sections 122 to 126 3C: This section contains an exception to section 121 4: 5: 6: 7: 8: 9: 10: For the purposes of clause 3 11: 1986 No 5 s 106 s 39 Section 11 heading replaced 1 December 2002 section 13(1) Takeovers Amendment Act 2002 Section 11(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 11(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 11(3B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 11(3C) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 11(4) repealed 1 December 2002 section 13(3) Takeovers Amendment Act 2002 Section 11(5) repealed 1 December 2002 section 13(3) Takeovers Amendment Act 2002 Section 11(6) repealed 1 December 2002 section 13(3) Takeovers Amendment Act 2002 Section 11(7) repealed 1 December 2002 section 13(3) Takeovers Amendment Act 2002 Section 11(8) repealed 1 December 2002 section 13(3) Takeovers Amendment Act 2002 Section 11(9) repealed 1 December 2002 section 13(3) Takeovers Amendment Act 2002 Section 11(11) repealed 25 January 2005 section 200 Crown Entities Act 2004 12: Meetings Section 12 repealed 1 December 2002 section 14 Takeovers Amendment Act 2002 13: Power to prohibit disclosure of information, documents, and evidence Section 13 repealed 1 December 2002 section 14 Takeovers Amendment Act 2002 14: Delegation 1: The Panel may not delegate the powers in sections 31A, 31X 32 45(1) 2: In other respects, section 73 Section 14 replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 14(1) amended 25 October 2006 section 6 Takeovers Amendment Act 2006 15: Powers Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004 15A: Sharing of information and documents with FMA 1: The Panel may provide to the FMA any information, or a copy of any document, that the Panel— a: holds in relation to the exercise of the Panel's powers or the performance of its functions and duties; and b: considers may assist the FMA in the exercise of the FMA's powers or the performance of its functions and duties under any enactment. 2: The Panel may use any information, or a copy of any document, provided to it by the FMA under section 30 3: This section applies despite anything to the contrary in any contract, deed, or document. 4: Nothing in this section limits the Privacy Act 2020 Section 15A replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 15A(4) amended 1 December 2020 section 217 Privacy Act 2020 15B: Sharing of information and documents with Commerce Commission 1: The Panel may provide to the Commerce Commission any information, or a copy of any document, that the Panel— a: holds in relation to the exercise of the Panel's powers, or the performance of its functions and duties; and b: considers may assist the Commerce Commission in the exercise of the Commerce Commission's powers, or the performance of its functions and duties, in respect of the Fair Trading Act 1986 2: The Panel may use any information, or a copy of any document, provided to it by the Commerce Commission under section 99AA 3: This section applies despite anything to the contrary in any contract, deed, or document. 4: Nothing in this section limits the Privacy Act 2020 Section 15B replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 15B(2) amended 5 May 2022 section 46(2) Commerce Amendment Act 2022 Section 15B(4) amended 1 December 2020 section 217 Privacy Act 2020 15C: Sharing of information and documents with licensed market operators 1: The Panel may provide to a licensed market operator any information, or a copy of any document, that the Panel— a: holds in relation to the exercise of the Panel’s powers, or the performance of its functions and duties; and b: considers may assist the licensed market operator in the exercise of the operator’s powers, or the performance of its functions and duties, under any enactment or any market rules (within the meaning of section 6(1) 2: The Panel may use any information, or a copy of any document, provided to it by a licensed market operator under section 357 358 3: This section applies despite anything to the contrary in any contract, deed, or document. 4: Nothing in this section limits the Privacy Act 2020 Section 15C inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 15C(4) amended 1 December 2020 section 217 Privacy Act 2020 16: Annual reports Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 17: Annual fee in respect of funding of Panel 1: Each code company 2: Any such fee shall be— a: payable to the Registrar of Companies upon delivery to the Registrar of the company's annual return; and b: payable in addition to any fee payable in respect of the annual return; and c: recoverable by the Registrar in any court of competent jurisdiction as a debt due to the Crown. 3: The Registrar of Companies shall, as soon as practicable, remit to the Panel the fees paid under this section. Section 17(1) amended 7 July 2010 section 7 Takeovers Amendment Act 2010 17A: Panel deemed to be public authority Section 17A repealed 25 January 2005 section 200 Crown Entities Act 2004 18: Further provisions applying to Panel The provisions set out in Schedule 1 Section 18 amended 31 March 2017 section 129 Regulatory Systems (Commercial Matters) Amendment Act 2017 2: Takeovers code 19: Power to make takeovers code 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting out the rules applying to takeovers of code companies takeovers code 2: The Minister must formulate and make his or her recommendations in accordance with this Part. 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 19 replaced 1 December 2002 section 16 Takeovers Amendment Act 2002 Section 19(1) amended 7 July 2010 section 8 Takeovers Amendment Act 2010 Section 19(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 20: Objectives of takeovers code 1: In formulating recommendations concerning a takeovers code, the Minister a: encouraging the efficient allocation of resources: b: encouraging competition for the control of code companies c: assisting in ensuring that the holders of financial products d: promoting the international competitiveness of New Zealand's capital markets: e: recognising that the holders of financial products f: maintaining a proper relation between the costs of compliance with the code and the benefits resulting from it. 2: In formulating recommendations concerning a takeovers code, it is for the Minister to determine the weight that should be given to any particular objective or objectives referred to in subsection (1). 3: 4: Section 20(1) amended 1 December 2002 section 17(1) Takeovers Amendment Act 2002 Section 20(1)(b) amended 7 July 2010 section 9 Takeovers Amendment Act 2010 Section 20(1)(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 20(1)(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 20(2) replaced 1 December 2002 section 17(2) Takeovers Amendment Act 2002 Section 20(3) repealed 1 December 2002 section 17(2) Takeovers Amendment Act 2002 Section 20(4) repealed 1 December 2002 section 17(2) Takeovers Amendment Act 2002 21: Matters to be considered by Minister in making recommendations concerning Without limiting the matters that the Minister may consider, the Minister must, in formulating recommendations concerning a: that advance notice and publicity should be given of takeovers: b: that in a takeover, the code company financial product c: that in a takeover, offers should be made to all financial product financial product financial product d: that incremental acquisitions and partial bids should be permitted: e: that there should be rules to determine the price or prices payable for the acquisition of financial products f: for the compulsory acquisition of financial products code company financial product g: for the regulation of defensive tactics. Section 21 heading amended 1 December 2002 section 18(1) Takeovers Amendment Act 2002 Section 21 amended 1 December 2002 section 18(2) Takeovers Amendment Act 2002 Section 21(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 21(b) amended 7 July 2010 section 10 Takeovers Amendment Act 2010 Section 21(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 21(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 21(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 21(f) amended 7 July 2010 section 10 Takeovers Amendment Act 2010 22: Specific provisions applying to takeovers code Without limiting section 19 section 23 a: define the transactions or classes of transactions in relation to which the code applies and for that purpose define terms and expressions used in the code in such manner as it thinks fit: b: prescribe the requirements in relation to offers and the making of offers to acquire financial products code company c: prescribe the information, statements, certificates, and documents or other matters that must be supplied to a code company financial product code company d: prescribe requirements for the registration by the Registrar of Companies of documents in connection with a takeover: e: prescribe the duties and obligations of a code company code company Section 22 amended 1 December 2002 section 19 Takeovers Amendment Act 2002 Section 22(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 22(b) amended 7 July 2010 section 11 Takeovers Amendment Act 2010 Section 22(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 22(c) amended 7 July 2010 section 11 Takeovers Amendment Act 2010 Section 22(e) amended 7 July 2010 section 11 Takeovers Amendment Act 2010 23: Takeovers code not to apply in certain cases Nothing in the takeovers code shall require any person to comply with the code— a: by reason only of the fact that, on the coming into force of the code, a particular proportion of financial products code company b: by reason of the acquisition of financial products code company Section 23(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 23(a) amended 7 July 2010 section 12 Takeovers Amendment Act 2010 Section 23(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 23(b) amended 7 July 2010 section 12 Takeovers Amendment Act 2010 Section 23(b) amended 1 December 2002 section 20 Takeovers Amendment Act 2002 23A: Takeovers code does not apply where court order under section 236 of Companies Act 1993 The takeovers code does not apply where the court has made an order under section 236(1) section 236A Section 23A inserted 3 July 2014 section 31(4) Companies Amendment Act 2014 24: Co-ordination with Australia In formulating recommendations concerning a takeovers code, the Minister must have regard, as far as practicable, to any principles applying to the co-ordination of business law between Australia and New Zealand set out in any agreement or memorandum of understanding between the Governments of Australia and New Zealand. Section 24 replaced 1 December 2002 section 21 Takeovers Amendment Act 2002 25: Minister to consult Panel The Minister must, in formulating recommendations concerning a takeovers code, consult the Panel. Section 25 replaced 1 December 2002 section 21 Takeovers Amendment Act 2002 26: Panel to consult with Minister Section 26 repealed 1 December 2002 section 21 Takeovers Amendment Act 2002 27: Action taken by Takeover Panel Advisory Committee Section 27 repealed 1 December 2002 section 21 Takeovers Amendment Act 2002 28: Approval of takeovers code Section 28 repealed 1 December 2002 section 21 Takeovers Amendment Act 2002 29: Order in Council deemed to be regulation Section 29 repealed 1 December 2002 section 21 Takeovers Amendment Act 2002 30: Minister may request formulation of further takeovers code Section 30 repealed 1 December 2002 section 21 Takeovers Amendment Act 2002 31: Revocation of takeovers code Section 31 repealed 1 December 2002 section 21 Takeovers Amendment Act 2002 3: Investigation and enforcement Part 3 inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 Part 3 Part number and heading: replaced section 22 Takeovers Amendment Act 2002 1: Investigation and enforcement by Panel Subpart 1 heading: inserted 25 October 2006 section 8 Takeovers Amendment Act 2006 Panel's powers of inspection Heading: replaced section 22 Takeovers Amendment Act 2002 31A: Power to inspect documents 1: The Panel may, in accordance with section 31BA a: require any person to produce for inspection any document kept by that person: b: if necessary, require any person to reproduce, or assist in reproducing, in usable form, information recorded in that document: c: inspect and make records of that document: d: for the purpose of making records of that document, take possession of that document, or any article or thing that the Panel reasonably requires to make a record of that document, and remove the document, article, or thing from the premises where it is kept for the period of time that is reasonable in the circumstances. 2: Documents may be required under this section either specifically, generally, or by class, nature, content, or effect. Section 31A replaced 1 December 2002 section 22 Takeovers Amendment Act 2002 31B: Power to request or approve Registrar or authorised person to inspect documents 1: The Panel may, in accordance with sections 31BA 31BB section 31A(1) 2: A request or approval under subsection (1) may relate to a particular case, or a class or classes of cases, specified by the Panel. 3: The fact that the Registrar, or any person authorised by the Panel or Registrar, does, or attempts to do, any of the things in section 31A(1) 4: This section applies despite section 73 Section 31B replaced 1 December 2002 section 22 Takeovers Amendment Act 2002 Section 31B(4) inserted 25 January 2005 section 200 Crown Entities Act 2004 31BA: Limits on exercise of power to inspect documents The Panel may only carry out an inspection under section 31A section 31B a: the inspection is for the purposes of— i: this Act: ii: complying with the request of an overseas regulator under section 31P b: the Panel first considers, along with any other relevant matters, any matters relating to the necessity or expediency of carrying out an inspection (for example, whether it is practicable to obtain the information from other sources or by other means in the time available). Section 31BA inserted 1 December 2002 section 22 Takeovers Amendment Act 2002 31BB: Requirements for persons authorised to inspect documents 1: The Panel or Registrar must not authorise a person to carry out an inspection under section 31A 2: A person authorised by the Panel or Registrar to carry out an inspection under section 31A Section 31BB inserted 1 December 2002 section 22 Takeovers Amendment Act 2002 31C: Disclosure of information from inspection 1: On the direction of the Panel or Registrar, a person who has made an inspection under section 31A a: this Act, the Financial Markets Authority Act 2011 Schedule 1 b: detecting and prosecuting offences against any enactments other than those referred to in paragraph (a) c: assisting the Panel to comply with the request of an overseas regulator under section 31P 2: The Minister may, by written notice, require the Panel or Registrar to give a direction under subsection (1), and the Panel or Registrar must comply with that requirement. 2A: Section 115 3: The Panel may, by written notice, require the Registrar to give a direction under subsection (1), and the Registrar must comply with that requirement. 4: This section is subject to section 31X section 44 Financial Markets Authority Act 2011 Section 31C replaced 1 December 2002 section 23 Takeovers Amendment Act 2002 Section 31C(1)(a) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 31C(1)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 31C(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 31C(4) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 31D: Powers not limited Sections 31A 31B 31C Panel, Registrar, Companies Act 1993 1978 No 103 s 67(7) Section 31D inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 Section 31D amended 1 December 2002 section 24 Takeovers Amendment Act 2002 31E: Non-disclosure of information from inspection A person must not communicate to any other person any information acquired in the course of an inspection under section 31A a: in accordance with section 31C b: for the purposes of this Act, the Financial Markets Authority Act 2011 Schedule 1 c: in accordance with the Official Information Act 1982 Privacy Act 2020 d: in the course of any criminal proceedings (but subject to the limitation in section 31C(1)(b) 1978 No 103 s 67A(1) Section 31E inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 Section 31E(b) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 31E(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 31E(d) amended 1 December 2002 section 25(2) Takeovers Amendment Act 2002 31EA: No privilege against self-incrimination Section 33B section 31A Section 31EA inserted 1 December 2002 section 26 Takeovers Amendment Act 2002 31EB: Protections from liability for persons exercising powers of inspection Without limiting any other statutory protection from liability, no person is liable for any act done or omitted to be done by the person in the performance or intended performance of the person's powers under section 31A section 31C section 31E Section 31EB inserted 1 December 2002 section 26 Takeovers Amendment Act 2002 Offences Heading repealed 1 December 2002 section 27 Takeovers Amendment Act 2002 31F: Offences 1: Every person commits an offence who— a: refuses or fails, without reasonable excuse, to produce any document for inspection, or reproduce or assist in reproducing, in usable form, information recorded in that document, when required to do so under section 31A b: wilfully resists or obstructs, or deceives or attempts to deceive, the Panel or Registrar, or any person authorised by the Panel or Registrar, in carrying out an inspection under section 31A c: is not the Panel, the Registrar, or a person authorised by the Panel or Registrar to carry out an inspection under section 31A d: wilfully contravenes section 31E 2: Every person who commits an offence against subsection (1) is liable on Section 31F replaced 1 December 2002 section 28 Takeovers Amendment Act 2002 Section 31F(2) amended] 1 July 2013 section 413 Criminal Procedure Act 2011 Appeals Heading repealed 1 December 2002 section 29 Takeovers Amendment Act 2002 31G: Rights of appeal A person who is aggrieved by an act or decision of the Panel or Panel or sections 31A to 31C 1978 No 103 ss 68(1) 69A(1) Section 31G inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 Section 31G amended 1 December 2002 section 30 Takeovers Amendment Act 2002 31H: Time for appeal An appeal under section 31G a: within 21 days of the date on which the person was notified of the act, decision, or refusal; or b: within any longer time allowed by the court. 1978 No 103 ss 68(1) 69A(1) Section 31H inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 31I: Situation while appeal pending While any appeal made under section 31G a: the Panel or Panel or the sections 31A to 31C b: no person is excused from fulfilling his or her obligations under any of those sections by reason of the appeal; and c: information that is obtained as a result of an inspection to which the appeal relates is not admissible as evidence in any criminal proceedings against the person to whom the information relates. 1978 No 103 s 68(3) Section 31I inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 Section 31I(a) amended 1 December 2002 section 31(1) Takeovers Amendment Act 2002 Section 31I(a) amended 1 December 2002 section 31(2) Takeovers Amendment Act 2002 31J: Determination of appeal The court must determine the appeal by either dismissing the appeal or giving such directions or making such determination in the matter as it thinks fit. 1978 No 103 ss 68(2) 69A(2) Section 31J inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 31K: Requirements where appeal allowed To the extent that an appeal in respect of an act or decision of the Panel or Panel or sections 31A to 31C a: the Panel or Panel or Panel or section 31A(1)(c) b: no information acquired under paragraph (a) or paragraph (b) of section 31A(1) 1978 No 103 s 68(3) Section 31K inserted 1 June 2001 section 9 Takeovers Amendment Act 2001 Section 31K amended 1 December 2002 section 32 Takeovers Amendment Act 2002 Section 31K(a) amended 1 December 2002 section 32 Takeovers Amendment Act 2002 Panel's powers for receiving evidence Heading inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31L: Who may receive evidence 1: The Panel may receive evidence through a member, officer, or employee of the Panel, or any 2 or more of them. 2: However, if a person who is summoned to give evidence under section 31N a: subsection (1) does not apply, and the evidence must be received at a meeting of the Panel; and b: the meeting must not be held by a method under clause 8(b) Section 31L replaced 25 October 2006 section 9 Takeovers Amendment Act 2006 31M: Admissibility of evidence The Panel may receive in evidence, whether admissible in a court of law or not, any statement, document, information, or matter that,— a: in the opinion of the person receiving it, may assist the Panel in dealing effectively with any matter before it; or b: the Panel may receive under section 31P Section 31M replaced 25 October 2006 section 9 Takeovers Amendment Act 2006 31MA: How evidence may be given 1: The Panel may receive evidence— a: given on oath: b: given not on oath: c: if the person receiving the evidence permits it, given by a written statement: d: if the person receiving the evidence thinks it is appropriate, given by a written statement verified on oath: e: given by audio-visual communication, if the Panel and the person giving the evidence agree. 2: A member, officer, or an employee of the Panel may administer an oath for the purpose of a person giving evidence on oath. Section 31MA inserted 25 October 2006 section 9 Takeovers Amendment Act 2006 31N: Power to summon witnesses 1: A member of the Panel may issue a summons to a person requiring that person to appear (in the case of a body corporate, to appear by its authorised representative) before the Panel, or a member, officer, or employee of the Panel, in relation to any matter before the Panel and to do any of the following things: a: give evidence: b: give evidence under oath: c: provide any documents or information that are in the person's possession or control and that are relevant to the matter. 2: The summons must be in writing, be signed by a member of the Panel, and state— a: the date and time when, and the place where, the person must attend; and b: the documents or information that the person is required to provide (either generally, specifically, or by class, nature, content, or effect); and c: the person's right to request that the person d: the penalty for failing to attend under section 44 3: A summons may be served,— a: in the case of a natural person, by delivering it personally to the person summoned or by leaving it at his or her usual place of residence or business at least 24 hours before his or her attendance is required: b: in the case of a body corporate, by leaving it at the body corporate's usual place of business at least 24 hours before its attendance is required. 1978 No 103 s 18(3) s 9(3) Section 31N inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 Section 31N(1) replaced 25 October 2006 section 10(1) Takeovers Amendment Act 2006 Section 31N(2)(c) amended 25 October 2006 section 10(2) Takeovers Amendment Act 2006 Section 31N(3) replaced 25 October 2006 section 10(3) Takeovers Amendment Act 2006 31O: Witnesses' expenses 1: If a person has appeared as a witness (whether summoned or not), the Panel may, if it thinks fit, order any sum to be paid to that witness for his or her expenses. 2: That sum must not exceed the amount that would be payable to the witness if his or her attendance had been as a witness for the Crown in a criminal case in accordance with regulations for the time being in force for the payment of witnesses for the Crown in criminal cases. 1978 No 103 s 18(5) s 9(5) Section 31O inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 Exercise of inspection and evidence powers for overseas regulators Heading: inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31P: Power of Panel to act on requests of overseas regulators 1: An overseas regulator may request the Panel to inquire into any matter related to the functions of that overseas regulator. 2: The Panel may obtain information, documents, or evidence that, in the Panel's opinion, is likely to assist the Panel in complying with that request by— a: exercising its powers of inspection under this Part: b: exercising its powers to receive evidence and summon witnesses under this Part. 3: The Panel may transmit the information, documents, or evidence obtained by it to the overseas regulator in the manner that the Panel thinks fit. Section 31P inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31Q: Panel's consideration of requests 1: The Panel may comply with a request under section 31P a: compliance will not substantially affect the performance of its other functions; and b: it is appropriate to do so after taking into account any matters the Panel thinks relevant; and c: the Minister has given his or her approval for the Panel to comply with the request. 2: The Minister's approval may relate to a particular request, or a class or classes of requests, specified by the Minister. 3: The matters the Panel may take into account under subsection (1) include, without limitation,— a: whether the Panel is likely to be able to obtain the requested information, documents, or evidence: b: the cost to the Panel of complying with the request: c: whether the overseas regulator could more conveniently have the request satisfied from another source: d: the extent to which the functions of the overseas regulator correspond with the functions of the Panel: e: whether the overseas regulator would be likely to comply with a similar request made by the Panel and whether any arrangement with the overseas regulator to that effect exists: f: whether, in the Panel's opinion, it would be more appropriate for the request to be dealt with under the Mutual Assistance in Criminal Matters Act 1992 Section 31Q inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31R: Conditions that may be imposed on providing information to overseas regulators 1: The Panel may impose any conditions in relation to providing information, documents, or evidence to an overseas regulator (whether in compliance with a request of an overseas regulator or otherwise). 2: Those conditions may include, without limitation, conditions relating to— a: maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020 b: the storing of, use of, or access to anything provided: c: the copying, returning, or disposing of copies of documents provided: d: payment of the costs incurred by the Panel in providing anything or in generally complying with a request. Section 31R inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 Section 31R(2)(a) amended 1 December 2020 section 217 Privacy Act 2020 31S: Undertakings to be obtained before providing certain information to overseas regulators The Panel must not provide any information, evidence, or documents obtained from a person by a summons under section 31N a: will not be used by the overseas regulator as evidence in criminal proceedings against the person (other than a proceeding in respect of the falsity of the person's testimony); and b: to the extent to which it is within the ability of the overseas regulator to ensure, will not be used by any other person, authority, or agency as evidence in proceedings of that kind. Section 31S inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 Panel's power to accept undertakings Heading inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31T: Panel may accept undertakings 1: The Panel may accept a written undertaking given by, or on behalf of, a person in connection with a matter in relation to which the Panel is exercising any of its powers or performing any of its functions under this Act or any other Act. 2: The person may withdraw or vary the undertaking with the consent of the Panel. Section 31T inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31U: Enforcement of undertakings 1: If the Panel considers that a person who has given an undertaking under section 31T 2: The court may make any of the following orders if it is satisfied that the person has breached a term of the undertaking: a: an order directing the person to comply with that term: b: an order directing the person to pay to the Crown an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach: c: any order that the court thinks appropriate directing the person to compensate any other person who has suffered loss, injury, or damage as a result of the breach: d: an order for any consequential relief that the court thinks appropriate. Section 31U inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 Proceedings before Panel Heading inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31V: Right to be heard and represented at proceedings before Panel 1: At any meeting of the Panel held for the purposes of section 32 2: Subject to subsection (1), at any meeting of the Panel held for the purposes of this Act, the Panel must allow to be heard and represented any person who applies to the Panel for leave to be heard and represented and who, in the opinion of the Panel, is a person who ought to be heard or whose appearance or representation will assist the Panel in its consideration of the matter before it. 3: Every meeting of the Panel or of a division of the Panel that is held for the purposes of section 31X section 32 a: who is a barrister, a solicitor, or a barrister and solicitor of the High Court of New Zealand of not less than 7 years' practice; or b: who— i: is enrolled as a barrister, as a solicitor, as a barrister and solicitor, or as a legal practitioner of the High Court of Australia, of any federal court of Australia, or of the Supreme Court of any State or Territory of Australia; and ii: has not less than 7 years' practice. 1978 No 103 s 19(1), (2) s 10 Section 31V inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31W: Panel to hear proceedings in private The Panel may decide whether to hold any meeting or any part of a meeting in public or in private. 1993 No 107 s 12 Section 31W inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 31X: Power to make confidentiality orders 1: The Panel may, on its own initiative or on the application of any person, make an order prohibiting— a: the publication or communication of any information, document, or evidence that is provided or obtained in connection with any inquiry or other proceedings of the Panel: b: the giving of evidence involving any such information, document, or evidence. 2: The Panel may make the order on the terms and conditions (if any) that it thinks fit. 3: An order under subsection (1) may be expressed to have effect from the commencement of any inquiry or other proceedings of the Panel to the end of that inquiry or proceedings. 4: At the end of the inquiry or proceedings, the Official Information Act 1982 1978 No 103 s 19(5)(b), (6) s 13 Section 31X inserted 1 December 2002 section 33 Takeovers Amendment Act 2002 Enforcement of takeovers code by Panel Heading replaced 1 December 2002 section 34 Takeovers Amendment Act 2002 32: Panel's powers in respect of compliance with takeovers code 1: The Panel may at any time, if it considers that a person may not have acted or may not be acting or may intend not to act in compliance with the takeovers code, after giving that person such written notice of the meeting as the Panel considers appropriate in the circumstances, but in no case exceeding 7 days, hold a meeting for the purpose of determining whether to exercise its powers under this section. 2: Where the Panel gives a notice under subsection (1), it may make a temporary 3: Following the meeting specified in subsection (1), the Panel may make a determination— a: that it is satisfied that the person has acted or is acting or intends to act in compliance with the takeovers code; or b: that it is not satisfied that the person has acted or is acting or intends to act in compliance with the takeovers code. 3A: If the Panel makes a determination under subsection (3), the Panel must, as soon as reasonably practicable, give written notice of its reasons for the determination to the person the determination concerns. 4: Where the Panel makes a determination on reasonable grounds under subsection (3)(b), the Panel may, at any time before the close of the second day after the date for which the meeting was convened,— a: make a temporary temporary b: make an order continuing any temporary temporary c: make a permanent compliance order (relating to the non-compliance with the takeovers code): d: if it makes any order under this subsection, also make an order extending, for a reasonable time, the period for which a takeover offer must remain open. 4A: If the Panel makes an order under this section, the Panel— a: must immediately give written notice to the person to whom the order is directed of the terms and conditions of the order; and b: must, as soon as is reasonably practicable, also give that person written notice of the reasons for the order; and c: may also give notice to any other person of those matters. 5: An order 6: The Panel may vary the 7: The Panel may revoke the Section 32(2) amended 25 October 2006 section 11(1) Takeovers Amendment Act 2006 Section 32(3A) inserted 25 October 2006 section 11(2) Takeovers Amendment Act 2006 Section 32(4)(a) amended 25 October 2006 section 11(3) Takeovers Amendment Act 2006 Section 32(4)(b) amended 25 October 2006 section 11(3) Takeovers Amendment Act 2006 Section 32(4)(c) inserted 25 October 2006 section 11(4) Takeovers Amendment Act 2006 Section 32(4)(d) inserted 25 October 2006 section 11(4) Takeovers Amendment Act 2006 Section 32(4A) inserted 25 October 2006 section 11(5) Takeovers Amendment Act 2006 Section 32(5) inserted 1 December 2002 section 35 Takeovers Amendment Act 2002 Section 32(5) amended 25 October 2006 section 11(6) Takeovers Amendment Act 2006 Section 32(6) inserted 1 December 2002 section 35 Takeovers Amendment Act 2002 Section 32(6) amended 25 October 2006 section 11(7) Takeovers Amendment Act 2006 Section 32(7) inserted 1 December 2002 section 35 Takeovers Amendment Act 2002 Section 32(7) amended 25 October 2006 section 11(7) Takeovers Amendment Act 2006 33: Temporary restraining For the purposes of section 32 temporary a: restraining a person from acquiring financial products code company financial products b: restraining a person from disposing of financial products code company financial products c: restraining a person from exercising the right to vote attaching to financial products code company financial products d: restraining a person from taking any action (including from making any statement or distributing any document) that is or that may reasonably be expected to constitute a contravention of the takeovers code ( see section 2(2) e: directing the code company financial products f: directing the code company financial products g: directing the code company financial products h: for the purpose of securing compliance with any such order, an order directing a person to do or refrain from doing a specified act. Section 33 heading amended 25 October 2006 section 12(1) Takeovers Amendment Act 2006 Section 33 amended 25 October 2006 section 12(2) Takeovers Amendment Act 2006 Section 33(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33(a) amended 7 July 2010 section 13 Takeovers Amendment Act 2010 Section 33(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33(b) amended 7 July 2010 section 13 Takeovers Amendment Act 2010 Section 33(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33(c) amended 7 July 2010 section 13 Takeovers Amendment Act 2010 Section 33(d) replaced 25 October 2006 section 12(3) Takeovers Amendment Act 2006 Section 33(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33(e) amended 7 July 2010 section 13 Takeovers Amendment Act 2010 Section 33(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33(f) amended 7 July 2010 section 13 Takeovers Amendment Act 2010 Section 33(g) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33(g) amended 7 July 2010 section 13 Takeovers Amendment Act 2010 33AA: Permanent compliance orders For the purposes of section 32 a: prohibiting or restricting a person from making any statement or distributing any document that is or that may reasonably be expected to constitute a contravention of the takeovers code ( see section 2(2) b: directing a person to disclose in accordance with the order information for the purpose of securing compliance with the takeovers code: c: directing a person to publish, at the person's own expense, in the manner and at the times specified in the order corrective statements that are specified in, or are to be determined in accordance with, the order: d: for the purpose of securing compliance with any of those orders, an order directing a person to do or refrain from doing a specified act. Section 33AA inserted 25 October 2006 section 13 Takeovers Amendment Act 2006 Miscellaneous provisions for investigation and enforcement by Panel Heading inserted 1 December 2002 section 36 Takeovers Amendment Act 2002 33A: Witnesses and counsel to have privileges of witnesses and counsel in court 1: Every person has the same privileges in relation to providing information and documents to, and answering questions before, the Panel, a member, officer, or employee of the Panel, or a person authorised by the Panel under section 31B 2: Every person appearing as counsel before the Panel, or a member, officer, or employee of the Panel, has the same privileges as counsel have in proceedings before a court. 3: Every person has the same privileges in relation to providing information and documents to the Registrar, or a person authorised by the Registrar under section 31B 4: This section is subject to section 33B Section 33A inserted 1 December 2002 section 36 Takeovers Amendment Act 2002 33B: No privilege against self-incrimination No person is excused from answering any question or providing any information or document under this Act on the ground that to do so would or might incriminate or tend to incriminate that person. 1993 No 107 s 11(4) Section 33B inserted 1 December 2002 section 36 Takeovers Amendment Act 2002 33C: Restrictions on use of self-incriminating statements obtained by summons 1: A self-incriminating statement made orally by a person summoned under section 31N a: subject to paragraph (b), is not admissible in— i: criminal proceedings against that person; or ii: proceedings under this Act or the Financial Markets Conduct Act 2013 b: is admissible against that person in any proceeding in respect of the falsity of the person's testimony, for example, in a prosecution for perjury or for an offence under section 44(1) 2: In addition,— a: a refusal or failure to answer a question or provide information or a document or comply with any other requirement may be used in evidence against that person in proceedings for an offence under section 44(1) b: the answering of a question in a way that is false, deceptive, or misleading or the providing of information or a document that is false, deceptive, or misleading may be used in evidence against that person in proceedings for an offence under section 44(1) Section 33C replaced 25 October 2006 section 14 Takeovers Amendment Act 2006 Section 33C(1)(a)(ii) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 33D: Limitation on disclosure of information obtained in Panel's operations 1: No court or other person may require a member, an officer, or an employee of the Panel, any delegate of the Panel, any expert appointed by the Panel, or any other person present at a meeting of the Panel to— a: give evidence in court or in any proceedings of a judicial nature of anything coming to his or her knowledge in connection with the operations of the Panel; or b: make discovery of a document or produce a document for inspection in court or in any proceedings of a judicial nature if the document was provided or obtained in connection with the operations of the Panel. 2: Subsection (1) does not apply to— a: proceedings in respect of the falsity of any testimony; or b: proceedings to which the Panel is a party; or c: proceedings in respect of— i: an offence against section 78 78AA(1) 78A(1) 105 105A 105B ii: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B iii: the offence of attempting to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B 3: This section does not limit the application of the Official Information Act 1982 1978 No 103 s 28(4), (5) 1993 No 107 s 11(7), (8) Section 33D inserted 1 December 2002 section 36 Takeovers Amendment Act 2002 Section 33D(2)(c)(i) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 33D(2)(c)(ii) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 33D(2)(c)(iii) amended 28 September 2017 section 335 Intelligence and Security Act 2017 2: Enforcement by court Subpart 2 heading: inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Overview of enforcement powers and civil remedies Heading replaced 25 October 2006 section 16 Takeovers Amendment Act 2006 33E: Overview of enforcement powers and civil remedies 1: The following enforcement orders and remedies ( civil remedy orders a: an injunction: b: a civil remedy order under section 33I c: a compensatory order: d: a pecuniary penalty order and declaration of contravention (on application by the Panel only). 2: See section 2(2) 3: This section is a guide only to the general scheme and effect of this subpart. Section 33E replaced 25 October 2006 section 16 Takeovers Amendment Act 2006 Injunctions Heading inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33F: What court may injunct The court may, on application by any person in accordance with section 35 Section 33F inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33G: When court may grant injunctions and interim injunctions 1: The court may grant an injunction restraining a person from engaging in conduct of a particular kind if— a: it is satisfied that the person has engaged in conduct of that kind; or b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind. 2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so. 3: Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind. 4: Subsections (1)(b) and (2) apply whether or not— a: the person has previously engaged in conduct of that kind: b: there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind. Section 33G inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33H: Undertaking as to damages not required by Panel 1: If the Panel applies to the court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Panel to give an undertaking as to damages. 2: However, in determining the Panel's application for the grant of an interim injunction, the court must not take into account that the Panel is not required to give an undertaking as to damages. Section 33H inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Various civil remedy orders Heading inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33I: When court may make various civil remedy orders The court may, on application by any person in accordance with section 35 section 33J Section 33I inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33J: Terms of various civil remedy orders A civil remedy order under section 33I a: restrain the exercise of rights attaching to financial products b: restrain the issue or allotment of financial products financial products c: restrain the acquisition or disposal of financial products financial products d: direct the disposal of financial products e: require financial products financial products f: cancel an agreement for the acquisition or disposal of financial products g: vest financial products h: declare an agreement for the acquisition of financial products financial products i: if a contract is entered into in contravention of the takeovers code, or a contract contains a provision which, if given effect to, would contravene the takeovers code,— i: vary the contract, in such manner as the court thinks fit: ii: cancel the contract: iii: require any person who is a party to the contract to make restitution or pay compensation to any other person who is a party to the contract: j: prohibit or restrict a person from making any statement or distributing any document that is or that may reasonably be expected to constitute a contravention of the takeovers code: k: direct a person to disclose in accordance with the order information for the purpose of securing compliance with the takeovers code even though the time for doing so may have expired: l: direct a person to publish, at the person's own expense, in the manner and at the times specified in the order corrective statements that are specified in, or are to be determined in accordance with, the order: m: require a person to comply with any provision of the takeovers code even though the time for doing so may have expired. Section 33J inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Section 33J(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(g) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 33J(h) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Compensatory orders Heading inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33K: When court may make compensatory orders 1: The court may make a compensatory order, on application by any person in accordance with section 35 a: there is a contravention of the takeovers code; and b: a person (the aggrieved person 2: The court may make a compensatory order whether or not the aggrieved person is a party to the proceedings. Section 33K inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33L: Terms of compensatory orders If section 33K a: direct the person in contravention to pay to the aggrieved person the amount of the loss or damage: b: direct the person in contravention to refund money or return property to the aggrieved person: c: if a contract has been entered into between the person in contravention and the aggrieved person,— i: vary the contract or any collateral arrangement as specified in the order and, if the court thinks fit, declare the contract or arrangement to have had effect as so varied on and after a date before the order was made, as specified in the order: ii: cancel the contract and, if the court thinks fit, declare the cancellation to have had effect on and after a date before the order was made, as specified in the order: iii: require the person in contravention to take any action the court thinks fit to reinstate the parties as near as may be possible to their former positions. Section 33L inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Pecuniary penalty orders and declarations of contravention Heading inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33M: When court may make pecuniary penalty orders and declarations of contravention If the Panel applies for a pecuniary penalty order against a person under this Act in accordance with section 35 a: must determine whether the person has contravened the takeovers code; and b: must make a declaration of contravention ( see sections 33N 33O c: may order the person to pay a pecuniary penalty that the court considers appropriate to the Crown ( see sections 33P 33Q i: materially prejudices the interests of offerees, the code company ii: is likely to materially damage the integrity or reputation of any of New Zealand's financial iii: is otherwise serious. Section 33M inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Section 33M(c)(i) amended 7 July 2010 section 14 Takeovers Amendment Act 2010 Section 33M(c)(ii) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 33N: Purpose and effect of declarations of contravention 1: The purpose of a declaration of contravention is to enable an applicant for a civil remedy order under section 33I section 33K 2: Accordingly, a declaration of contravention is conclusive evidence of the matters that must be stated in it under section 33O Section 33N inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33O: What declarations of contravention must state A declaration of contravention must state the following: a: the court that made the declaration; and b: the provision of the takeovers code to which the contravention relates or, if the contravention is of an exemption, both the term or condition contravened and the takeovers code provision to which the exemption relates; and c: the person in contravention; and d: the conduct that constituted the contravention and, if a transaction constituted the contravention, the transaction; and e: the code company Section 33O inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Section 33O(e) amended 7 July 2010 section 15 Takeovers Amendment Act 2010 33P: Maximum amount of pecuniary penalty The maximum amount of a pecuniary penalty is $500,000 for an individual and $5,000,000 for a body corporate, for each contravention. Section 33P inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 33Q: Considerations for court in determining pecuniary penalty In determining an appropriate pecuniary penalty, the court must have regard to all relevant matters, including— a: the principles contained in the takeovers code; and b: the nature and extent of the contravention; and c: the likelihood, nature, and extent of any damage to the integrity or reputation of any of New Zealand's financial d: the nature and extent of any loss or damage suffered by a person referred to in section 33M(c)(i) e: the circumstances in which the contravention took place; and f: whether or not the person in contravention has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. Section 33Q inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 Section 33Q(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 33R: Court must order that recovery from pecuniary penalty be applied to Panel's actual costs If the court orders that a person pay a pecuniary penalty, and the proceedings were brought (in whole or in part) by the Panel, the court must also order that the penalty must be applied first to pay the Panel's actual costs in bringing the proceedings. Section 33R inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 General Heading inserted 25 October 2006 section 16 Takeovers Amendment Act 2006 34: Court may make orders Section 34 repealed 25 October 2006 section 15 Takeovers Amendment Act 2006 35: Persons who may apply 1: Where the Panel makes a determination under section 32(3)(b) section 33F 33I 33K a: the Panel: b: if the code company's financial products are, or were at any material time, quoted on a licensed market, the licensed market operator: c: the code company d: a member or financial product code company e: a person who was a member or financial product code company f: a person who, at any time within the period of 6 months before the making of the application, has made an offer or offers to acquire financial products code company g: with the leave of the court, any other person. 2: A person referred to in any of paragraphs (b) to (f) of subsection (1) is not entitled to make an application to the court unless— a: the Panel has consented to the making of the application; or b: that person has requested the Panel in writing to make an application to the court itself and the Panel has not made such an application before the expiration of 10 days after receiving the request. 3: Where a request is made to the Panel to hold a meeting under section 32(1) section 32(3) section 33F 33I 33K a: if the code company's financial products are, or were at any material time, quoted on a licensed market, the licensed market operator: b: the code company c: a member or financial product code company d: a person who was a member or financial product code company e: a person who, at any time within the period of 6 months before the making of the application, has made an offer or offers to acquire financial products code company f: with the leave of the court, any other person. 4: If the Panel makes a determination under section 32(3)(b) section 33M Section 35(1) amended 25 October 2006 section 17(1) Takeovers Amendment Act 2006 Section 35(1)(b) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(1)(c) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(1)(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(1)(d) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(1)(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(1)(e) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(1)(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(1)(f) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(3) amended 25 October 2006 section 17(2) Takeovers Amendment Act 2006 Section 35(3)(a) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(3)(b) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(3)(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(3)(c) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(3)(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(3)(d) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(3)(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 35(3)(e) amended 7 July 2010 section 16(2) Takeovers Amendment Act 2010 Section 35(4) replaced 25 October 2006 section 17(3) Takeovers Amendment Act 2006 36: Orders Section 36 repealed 25 October 2006 section 18 Takeovers Amendment Act 2006 37: Interim orders Section 37 repealed 25 October 2006 section 18 Takeovers Amendment Act 2006 38: Court may have regard to determinations and recommendations by Panel 1: The court may, in determining any application under this subpart section 32(3) 2: The court may, in determining whether to make any order under section 33I 33K section 32 Section 38(1) amended 25 October 2006 section 19(1) Takeovers Amendment Act 2006 Section 38(2) amended 25 October 2006 section 19(2) Takeovers Amendment Act 2006 39: Orders directing disposal of securities Section 39 repealed 25 October 2006 section 20 Takeovers Amendment Act 2006 40: Revocation, variation, and suspension of orders Section 40 repealed 25 October 2006 section 20 Takeovers Amendment Act 2006 41: Court may excuse contravention 1: If the court is satisfied that a person has, by any act or omission, contravened the takeovers code, but that the contravention ought to be excused, the court may (by order) declare that the act or omission was not a contravention of the code. 2: In considering whether the contravention should be excused, the court may have regard to— a: inadvertence or mistake on the part of the person concerned: b: whether the person was aware of a relevant factor or circumstance: c: circumstances beyond that person's control: d: any other matters that the court thinks fit. 3: The order has effect according to its tenor. Section 41 replaced 25 October 2006 section 21 Takeovers Amendment Act 2006 42: Court may require person to give evidence or produce documents relating to interests in financial products 1: The court may, in any application under this subpart a: has or had any direct or indirect interest in or right to any financial product code company b: has or had any direct or indirect right to exercise any voting rights attaching to any such financial product order any person to— c: attend before the court and be examined on oath or affirmation; or d: produce documents in that person's possession or under that person's control. 2: An order under subsection (1) may be made on the application of any person who is a party to the application under this subpart Section 42 heading amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 42(1) amended 25 October 2006 section 22(1) Takeovers Amendment Act 2006 Section 42(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 42(1)(a) amended 7 July 2010 section 17 Takeovers Amendment Act 2010 Section 42(1)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 42(2) amended 25 October 2006 section 22(2) Takeovers Amendment Act 2006 43: More than 1 civil remedy order may be made for same conduct The court may make a civil remedy order of one kind against a person even though the court has made another civil remedy order of a different kind against the person for the same conduct. Examples The court may make a compensatory order and a pecuniary penalty order for the same conduct. The court may make a civil remedy order requiring forfeiture of financial products financial products Section 43 replaced 25 October 2006 section 23 Takeovers Amendment Act 2006 Section 43 examples amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 43A: Only 1 pecuniary penalty order may be made for same conduct If conduct by a person constitutes a contravention of 2 or more provisions of the takeovers code, proceedings may be brought against that person for the contravention of any 1 or more of the provisions, but no person is liable to more than 1 pecuniary penalty order for the same conduct. Section 43A inserted 25 October 2006 section 23 Takeovers Amendment Act 2006 43B: Standard of proof for civil remedies The proceedings under this subpart are civil proceedings and the usual rules of the court and rules of evidence and procedure for civil proceedings apply (including the standard of proof). Section 43B inserted 25 October 2006 section 23 Takeovers Amendment Act 2006 43C: Time limit for applying for civil remedies 1: An application for a civil remedy order under section 33I section 33M 2: The usual time limits apply to all applications for other civil remedy orders. 3: However, an application for a compensatory order in respect of a contravention may be made at any time within 6 months after the date on which a declaration of contravention is made, even if the usual time limit has expired. Section 43C inserted 25 October 2006 section 23 Takeovers Amendment Act 2006 3: Offences Subpart 3 heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 General offences Heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44: General offences 1: A person must not— a: furnish information, produce a document, or give evidence to the Panel or a member, officer, or employee of the Panel knowing it to be false or misleading; or b: attempt to deceive or knowingly mislead the Panel or a member, officer, or employee of the Panel in relation to any matter before it. 2: A person who has been summoned to appear before the Panel or a member, officer, or employee of the Panel must not a: refuse or fail to appear before the Panel to give evidence: b: refuse to take an oath or affirmation as a witness: c: refuse to answer any question: d: refuse or fail to provide any document or information that the person is required to provide. 3: A body corporate contravenes subsection (2) if its representative refuses or fails to appear before the Panel to give evidence, refuses to take an oath or affirmation as a witness, refuses to answer any question, or refuses or fails to provide any document or information that the body corporate is required to provide. 4: A person must not act in contravention of any order made by the Panel under section 31X section 32 5: Every person who contravenes this section commits an offence and is liable on Section 44 replaced 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 44(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 44A: Conviction of offence under section 44 excluded in certain cases 1: A person must not be convicted of an offence under section 44 a: the contravention related to matters that were immaterial to the relevant matter before the Panel; or b: the contravention ought reasonably to be excused, having regard to all the circumstances of the case. 2: A director of a body corporate must not be convicted of an offence under section 44 3: In proceedings for an offence against section 44 Section 44A inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44A(3) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 False or misleading statement or information Heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44B: False or misleading statement or information 1: A person must not make a statement or disseminate information, in relation to any transaction or event regulated by the takeovers code or incidental or preliminary to a transaction or event that is or is likely to be regulated by the takeovers code, if— a: a material aspect of the statement or information is false or the statement or information is materially misleading; and b: the statement or information is likely to— i: induce a person to trade, or hold, the financial products code company ii: have the effect of increasing, reducing, maintaining, or stabilising the price for trading in those financial products iii: induce a person to vote for, or to vote against, a transaction that is or is likely to be regulated by the takeovers code, or to abstain from voting in respect of that transaction. 2: In this section, trade financial products Section 44B inserted 29 February 2008 section 24 Takeovers Amendment Act 2006 Section 44B(1)(b)(i) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44B(1)(b)(i) amended 7 July 2010 section 18 Takeovers Amendment Act 2010 Section 44B(1)(b)(ii) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44B(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44C: Criminal liability for false or misleading statement or information 1: A person who contravenes section 44B 2: A person who commits an offence against subsection (1) a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or to both: b: in the case of a body corporate, a fine not exceeding $1,000,000. Section 44C inserted 29 February 2008 section 24 Takeovers Amendment Act 2006 Section 44C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 44D: Exception for disclosure by investment advisers or brokers Section 44D repealed 1 July 2011 section 50 Financial Advisers Amendment Act 2010 44E: Fair Trading Act 1986 excluded The Fair Trading Act 1986 does not apply to conduct in relation to any transaction or event regulated by the takeovers code or incidental or preliminary to a transaction or event that is or is likely to be regulated by the takeovers code. Section 44E inserted 29 February 2008 section 24 Takeovers Amendment Act 2006 4: Other court orders Subpart 4 heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Management bans Heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44F: When court may make management banning orders The court may, on application by any person referred to in section 35(1)(a) to (g) A a: A has been convicted of an offence against either section 44 section 44C b: A has, while a director of an incorporated or unincorporated body,— i: persistently contravened this Act, the Companies Act 1993 the Financial Markets Conduct Act 2013 Financial Markets Supervisors Act 2011 ii: if the incorporated or unincorporated body has so contravened, persistently failed to take all reasonable steps to obtain compliance with those Acts or the code; or c: A has been prohibited in an overseas jurisdiction from carrying on activities that the court is satisfied are substantially similar to any of the activities referred to in section 44G Section 44F inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44F(b)(i) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44G: Terms of management banning orders 1: A management banning order may, permanently or for a period specified in the order 2: The court may make a management banning order permanent or for a period longer than 10 years only in the most serious of cases for which an order may be made. Section 44G inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44G(1) amended 1 April 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44G(2) inserted 1 April 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44H: Offence of contravening management banning order An individual who acts in contravention of a management banning order under section 44F Section 44H inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44H amended 1 July 2013 section 413 Criminal Procedure Act 2011 44I: Only 1 management banning order may be made for same conduct If conduct by a person constitutes grounds for making an order under any 1 or more of section 44F subpart 6 section 383 Section 44I inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44I amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44J: Persons automatically banned from management 1: This section applies to a person if the person has been convicted of an offence against either section 44 section 44C 2: The person must not, for the period of 5 years after the conviction or making of the order (without the leave of the court) be a director or promoter of, or in any way (whether directly or indirectly) be concerned or take part in the management of, an incorporated or unincorporated body (other than an overseas company, or an incorporated or unincorporated body, that does not carry on business in New Zealand). 3: An individual who acts in contravention of this section commits an offence and is liable, on conviction Section 44J inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44J(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 44K: General provisions for bans and banning orders 1: The Registrar of the court must, as soon as practicable after the making of a management banning order under section 44F a: give notice to the Registrar of Companies and the Panel that the order has been made; and b: give notice in the Gazette 2: A person intending to apply for the leave of the court under section 44G section 44J 3: The Panel, and any other person that the court thinks fit, may attend and be heard at the hearing of the application. Section 44K inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Orders to preserve assets to satisfy claims Heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44L: When court may prohibit payment or transfer of money, financial products 1: This section applies if— a: an investigation is being carried out under this Act in relation to an act or omission by a person, being an act or omission that constitutes or may constitute a contravention of this Act or the takeovers code; or b: a prosecution has begun against a person for a contravention of this Act; or c: a civil proceeding has begun against a person under this Act. 2: The court may, on application by the Panel or by an aggrieved person, make 1 or more of the orders listed in section 44M 3: In this section and section 44M aggrieved person associated person section 12(1) liable financial products relevant person Corporations Act 2001 s 1323(1) (Aust) Section 44L inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44L heading amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44L(3) associated person replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44L(3) liable amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44M: What orders may be made 1: The orders that may be made under section 44L a: an order prohibiting the relevant person from transferring, charging, or otherwise dealing with money, financial products b: an order prohibiting a person who is indebted to the relevant person or to an associated person of the relevant person from making a payment in total or partial discharge of the debt to, or to another person at the direction or request of, the person to whom the debt is owed: c: an order prohibiting a person holding money, financial products financial products financial products d: an order prohibiting the taking or sending out of New Zealand by a person of money of the relevant person or of an associated person of the relevant person: e: an order prohibiting the taking, sending, or transfer by a person of financial products financial products f: an order requiring the relevant person, or any person holding money, financial products financial products g: an order appointing,— i: if the relevant person is a natural person, a receiver or trustee, having any powers that the court orders, of the property or of part of the property of that person; or ii: if the relevant person is a body corporate, a receiver or receiver and manager, having any powers that the court orders, of the property or of part of the property of that person: h: if the relevant person is a natural person, an order requiring that person to deliver up to the court his or her passport and any other documents that the court thinks fit: i: if the relevant person is a natural person, an order prohibiting that person from leaving New Zealand, without the consent of the court. 2: A reference in subsection (1)(e) or (g) to property of a person includes a reference to property that the person holds otherwise than as sole beneficial owner, for example,— a: as trustee for, as nominee for, or otherwise on behalf of or on account of, another person; or b: in a fiduciary capacity. 3: An order may be expressed to operate for a specified period or until the order is discharged by a further order under this section. Corporations Act 2001 s 1323(1), (2A), (6) (Aust) Section 44M inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44M(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44M(1)(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44M(1)(e) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44M(1)(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44N: Interim orders 1: If an application is made to the court for an order under section 44L 2: The court must not require the applicant or any other person, as a condition of granting an interim order under this section, to give an undertaking as to damages. 3: In determining an application for the grant of an interim order, the court must not take into account that the applicant is not required to give an undertaking as to damages. Corporations Act 2001 s 1323(3), (4) (Aust) Section 44N inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44O: Relationship with other law 1: Nothing in sections 44L to 44N 2: This section has effect subject to the Insolvency Act 1967 Corporations Act 2001 s 1323(7), (8) (Aust) Section 44O inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44P: Offence A person commits an offence who contravenes an order by the court under section 44M section 44N a: in the case of an individual, to imprisonment to a term not exceeding 3 years or to a fine not exceeding $100,000, or both: b: in the case of a body corporate, to a fine not exceeding $300,000. Corporations Act 2001 s 1323(9), (10) (Aust) Section 44P inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44P amended 1 July 2013 section 413 Criminal Procedure Act 2011 5: General Subpart 5 heading inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44PA: Time limit for commencing proceedings for offence under section 44H, 44J, or 44P Despite anything to the contrary in section 25 section 44H 44J 44P Section 44PA inserted 1 July 2013 section 413 Criminal Procedure Act 2011 44Q: Jurisdiction of courts in New Zealand The High Court has exclusive jurisdiction to hear and determine proceedings in New Zealand under this Act, other than the following: a: proceedings for offences against this Act: b: proceedings in relation to recovery or enforcement as referred to in sections 52 53 c: proceedings for appeals under section 31G Section 44Q replaced 31 March 2017 section 130 Regulatory Systems (Commercial Matters) Amendment Act 2017 44R: Court may order payment of Panel's costs If the Panel brings proceedings under this Part and the court makes any order against a person under this Part, the court may also order that person to pay the Panel's costs and expenses in bringing the proceedings. Section 44R inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44S: Orders to secure compliance The court may, for the purpose of securing compliance with any order it makes under this Part, direct a person to do or refrain from doing a specified act. Section 44S inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44T: Giving notice of applications for court orders Before making an order under this Part, the court may direct the person making the application for the order to— a: give notice of the application to those persons the court thinks fit: b: publish notice of the application in the manner the court thinks fit. Section 44T inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44U: General provisions as to court's orders 1: An order under this Part may be made on the terms and conditions the court thinks fit. 2: The court may revoke, vary, or suspend an order made under this Part on the terms and conditions the court thinks fit. Section 44U inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44V: Persons entitled to appear before court The following persons are entitled to appear and be heard at the hearing of an application to the court under this Part: a: the applicant: b: the Panel: c: if the code company's financial products are, or were at any material time, quoted on a licensed market, the licensed market operator: d: the code company e: a person who is alleged to have suffered, or to be likely to suffer, loss or damage because of an alleged contravention of this Act or the takeovers code (whether that person or another person makes the allegation): f: a person who was a financial product code company g: a person who, at any time within the period of 6 months before the making of the application, has made an offer or offers to acquire financial products code company h: a person directed to be given notice of the application: i: with the leave of the court, any other person. Section 44V inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 Section 44V(c) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44V(d) amended 7 July 2010 section 19(2) Takeovers Amendment Act 2010 Section 44V(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44V(f) amended 7 July 2010 section 19(2) Takeovers Amendment Act 2010 Section 44V(g) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 44V(g) amended 7 July 2010 section 19(2) Takeovers Amendment Act 2010 44W: Knowledge of matters presumed if employee or agent knows matters In any proceedings under this Act, it is presumed, in the absence of proof to the contrary established on the balance of probabilities, that a person knew, at a material time, of any matter if, at that time, an employee or agent of that person knew of the matter in his or her capacity as employee or agent. Section 44W inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 44X: No pecuniary penalty and fine for same conduct A person cannot be ordered to pay a pecuniary penalty and be liable for a fine under this Act for the same conduct. Section 44X inserted 25 October 2006 section 24 Takeovers Amendment Act 2006 4: Miscellaneous Part 4 heading replaced 25 October 2006 section 25 Takeovers Amendment Act 2006 Exemptions and regulations Heading inserted 31 March 2017 section 131 Regulatory Systems (Commercial Matters) Amendment Act 2017 45: Panel may grant exemptions 1: The Panel may, in its discretion and subject to such terms and conditions (if any) as it thinks fit, exempt from compliance with any provision of the takeovers code— a: any person, transaction, or offer: b: any class of persons, transactions, or offers associated with or involving a particular code company or entity: c: any class of persons, transactions, or offers that is not associated with or does not involve a particular code company or entity. 2: An exemption may be granted in respect of past acts or omissions only under subsection (1)(a). 3: 4: 5: An exemption under this section is secondary legislation ( see Part 3 6: The Panel’s reasons for granting an exemption under this section must be published , and presented to the House of Representatives, a: why it is appropriate that the exemption is granted; and b: how the exemption is consistent with the objectives of the takeovers code. 7: Subsections (4) to section 45A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1)(a) or (b). Legislation Act 2019 requirements for secondary legislation made under subsection (1)(a) or (b) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • publish it on a website maintained by, or on behalf of, the Panel • make it available in printed form for purchase on request by members of the public • Subsection (6) must also be complied with However, the compliance with requirement to publish may be deferred if the maker is satisfied on reasonable grounds that it is proper defer publication on the ground of commercial confidentiality Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1)(c). Legislation Act 2019 requirements for secondary legislation made under subsection (1)(c) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 45 replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 45(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 45A: Variation and revocation of exemptions 1: The Panel may vary or revoke an exemption granted under section 45 2: Section 45(1) to (5) Section 45A replaced 28 October 2021 section 3 Secondary Legislation Act 2021 46: 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 an annual fee in respect of the funding of the Panel that is payable in accordance with section 17 c: prescribing the fees and charges payable, or the rate at which fees and charges are to be calculated, for the purposes of this Act: ca: without limiting paragraph (c), prescribing fees and charges that the Panel may require to be paid to it— i: in connection with the exercise by the Panel of any power or function conferred on it by this Act: ii: on an application to the Panel to exercise any power or function conferred on it by this Act: cb: authorising the Panel to require payment of any costs incurred by the Panel: d: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 46(1)(a) repealed 1 June 2001 section 11(1) Takeovers Amendment Act 2001 Section 46(1)(c) replaced 1 June 2001 section 11(2) Takeovers Amendment Act 2001 Section 46(1)(ca) inserted 1 June 2001 section 11(2) Takeovers Amendment Act 2001 Section 46(1)(cb) inserted 1 June 2001 section 11(2) Takeovers Amendment Act 2001 Section 46(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Reimbursement of expenses incurred in connection with offer or takeover notice Heading inserted 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 47: Interpretation for sections 48 to 53 In sections 48 to 53 a: equity security: b: offer: c: offeror: d: takeover notice: e: target company. Section 47 replaced 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 48: Reimbursement of directors 1: Despite anything in the constitution of a target company, each director of the target company is entitled to be reimbursed by the target company for any expenses properly incurred by the director on behalf, and in the interests, of holders of equity securities of the target company in relation to the offer or takeover notice. 2: The amount to be reimbursed to a director is the amount— a: agreed between the director and the target company; or b: determined by the Panel on an application made by the director or the target company ( see section 50 Section 48 replaced 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 49: Reimbursement of target company 1: A target company is entitled to be reimbursed by the offeror for any expenses properly incurred by the target company in relation to the offer or takeover notice, whether as a result of section 48 2: The amount to be reimbursed to the target company is the amount— a: agreed between the target company and the offeror; or b: determined by the Panel on an application made by the target company or the offeror ( see section 50 Section 49 replaced 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 50: Determinations by Panel of amount to be reimbursed If the Panel receives an application under section 48(2)(b) 49(2)(b) a: determine the amount to be reimbursed for the purposes of section 48(2)(b) 49(2)(b) b: order that amount to be paid, as the case may be,— i: by the target company to the director; or ii: by the offeror to the target company. Section 50 replaced 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 51: Appeals against Panel’s determination 1: The director or the target company may appeal to the High Court against the Panel’s determination for the purposes of section 48(2)(b) 2: The target company or the offeror may appeal to the High Court against the Panel’s determination for the purposes of section 49(2)(b) 3: An appeal under this section must be made— a: within 21 days of the date on which the appellant was notified of the Panel’s determination; or b: within any longer time allowed by the High Court. 4: The High Court must determine the appeal by either dismissing the appeal or giving such directions or making such determination in the matter as it thinks fit. Section 51 inserted 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 52: Enforcement of agreement of amount to be reimbursed If the amount to be reimbursed is agreed, the amount is recoverable as a debt due in any court of competent jurisdiction, as the case may be,— a: by the director from the target company; or b: by the target company from the offeror. Section 52 inserted 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017 53: Enforcement of Panel’s order for payment of amount to be reimbursed 1: If the amount to be reimbursed is determined by the Panel, the Panel’s order under section 50 2: In this section, court a: the District Court, if the amount to be reimbursed is no more than $350,000; or b: the High Court, if the amount to be reimbursed is more than $350,000. Section 53 inserted 31 March 2017 section 132 Regulatory Systems (Commercial Matters) Amendment Act 2017

DLM317192

1993

Citizens Initiated Referenda Act 1993

1: Short Title and commencement 1: This Act may be cited as the Citizens Initiated Referenda Act 1993. 2: This Act shall come into force on 1 February 1994. 2: Interpretation In this Act, unless the context otherwise requires,— applicant application section 47 court Part 4 elector Electoral Commission section 3(1) electoral district Electoral Act 1993 electoral poll Electoral Act 1993 electoral roll section 3(1) eligible elector section 15(3) hearing indicative referendum petition person complained of postal voting Referenda (Postal Voting) Act 2000 promoter section 13(2)(a)(ii) Registrar of the court respondent Speaker voting period Referenda (Postal Voting) Act 2000 working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year. Section 2 applicant inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 application inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 Chief Electoral Officer repealed 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 2 Clerk of the Writs repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 2 court inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 Electoral Commission inserted 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 2 electoral district amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 2 electoral poll amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 2 electoral roll amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 2 eligible elector substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 2 hearing inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 person complained of inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 postal voting inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 Registrar of the court inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 respondent inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 voting period inserted 15 November 2000 section 83 Referenda (Postal Voting) Act 2000 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 1: Indicative referendum petition Heading substituted 15 November 2000 section 84 Referenda (Postal Voting) Act 2000 3: Indicative referendum petition A petition seeking the holding of an indicative referendum may, in accordance with this Act, be presented to the House of Representatives. 4: Prohibitions An indicative referendum petition shall not relate to a matter that is or could be or could have been the subject of an election petition Part 8 an application under Section 4 amended 15 November 2000 section 85 Referenda (Postal Voting) Act 2000 Section 4 amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 5: Contents of indicative referendum petition 1: Every indicative referendum petition— a: shall ask that an indicative referendum be held; and b: shall specify the question that the petitioners propose be put to the voters in the indicative referendum. 2: Neither an indicative referendum petition nor an indicative referendum may relate to more than 1 question. 6: Proposal to promote indicative referendum petition 1: Every person who proposes to promote an indicative referendum petition shall submit the proposal to the Clerk of the House of Representatives. 2: The proposal shall be accompanied by— a: a draft of the proposed indicative referendum petition; and b: the prescribed fee. 3: The proposal shall clearly state— a: the name of the proposer; and b: an address in New Zealand at which the proposer or a representative of the proposer can be contacted; and c: where a representative of the proposer is the person to be contacted, the name of that representative. 7: Gazetting of notice of proposal for indicative referendum petition 1: The Clerk of the House of Representatives shall, as soon as practicable after receiving a proposal that complies with section 6 Gazette 2: The notice— a: shall include the wording of the question proposed to be put to voters in the indicative referendum and shall call for comments on that wording; and b: shall require any person who wishes to make comments on the wording to give 3 written copies of those comments to the Clerk of the House of Representatives not later than 5 pm on a specified date (which date, being a date not earlier than the 28th day after the publication of the notice in the Gazette 3: Where a proposal relates to an indicative referendum petition that would contravene section 4 8: Comments on wording The Clerk of the House of Representatives, on receiving any comments made under section 7(2)(b) a: give 1 copy of those comments to the person who submitted the proposal; and b: make 1 copy of those comments available for public inspection at the office of the Clerk of the House of Representatives. 9: Consultation on wording of precise question The Clerk of the House of Representatives, before making a determination under section 11 a: shall consult with the person who submitted the proposal to promote the indicative referendum petition; and b: may consult with such other persons as the Clerk of the House of Representatives thinks fit. 10: Criteria 1: The wording of the precise question to be put to the voters, as determined under section 11 a: shall be such as to convey clearly the purpose and effect of the indicative referendum; and b: shall be such as to ensure that only 1 of 2 answers may be given to the question. 2: Subject to subsection (1), the Clerk of the House of Representatives, in making a determination under section 11 a: shall take into account— i: the proposal submitted under section 6 ii: any comments received under section 7(2)(b) iii: the consultation that took place under section 9 b: may take into account such other matters as the Clerk of the House of Representatives considers relevant. 11: Determination of precise question 1: The Clerk of the House of Representatives shall determine the wording of the precise question to be put to voters in the proposed indicative referendum. 2: The Clerk of the House of Representatives shall make the determination within 3 months after the date on which the Clerk of the House of Representatives receives, under section 6 a: before the Clerk of the House of Representatives makes the determination, the person who submitted the proposal— i: withdraws the proposal by written notice given to the Clerk of the House of Representatives; or ii: being a natural person, dies; or iii: being a corporation, is dissolved or has been put into liquidation b: the Clerk of the House of Representatives determines that an indicative referendum to like effect has been held within the period of 60 months preceding the date on which the proposal is received by the Clerk of the House of Representatives and notifies the person who submitted the proposal that such an indicative referendum has been so held; or c: the indicative referendum petition to which the proposal relates would contravene section 4 Section 11(2)(a)(iii) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 12: Approval of form 1: As soon as practicable after the making of a determination under section 11 2: The Clerk of the House of Representatives may consult the Government Statistician and such other persons as the Clerk of the House of Representatives thinks fit about the suitability of any form. 13: Notification of determination and approval 1: As soon as practicable after giving an approval under section 12 a: shall give to the person who submitted the proposal to promote the indicative referendum petition or to that person's representative— i: written notice of the making of the determination under section 11 ii: written notice of the giving of the approval under section 12 b: shall, by notice in the Gazette 2: Every notice under subsection (1) shall specify— a: the name of the person who submitted to the Clerk of the House of Representatives the proposal to promote the indicative referendum petition, which person shall be identified in the notice— i: as the person approved to use, for the purposes of the indicative referendum petition, the wording determined under section 11 ii: as the promoter of the indicative referendum petition in which the wording determined under section 11 iii: as the person approved to use, for the purposes of the indicative referendum petition, the form approved under section 12 b: the wording (as determined by the Clerk of the House of Representatives) of the specific question to be put to voters in the proposed indicative referendum. 14: Promotion of indicative referendum petition 1: Subject to subsections (2) and (3), and to section 15 section 13(1) 2: All signatures to the indicative referendum petition must be on forms approved in writing in relation to that petition under section 12 3: It shall be the responsibility of the promoter to ensure that a sufficient quantity of forms is made available and that the forms are printed in accordance with the approval given by the Clerk of the House of Representatives. 15: Requirements in relation to indicative referendum petition 1: Every signatory to an indicative referendum petition— a: shall, against his or her signature, state— i: his or her full name; and ii: his or her residential address; and b: may, against his or her signature, state his or her date of birth. 2: Failure by a signatory to comply with any of the requirements of subsection (1) shall not of itself prevent the signature of that signatory from being used for the purposes of determining the number of signatures that must be checked in accordance with section 19 3: The promoter shall deliver the indicative referendum petition to the Clerk of the House of Representatives within 12 months after the date of the publication in the Gazette section 13(1)(b) 4: Subject to section 20 5: An indicative referendum petition shall lapse if it is not delivered to the Clerk of the House of Representatives within the time prescribed by subsection (3). Section 15 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 16: Duties of Clerk of House of Representatives on receipt of indicative referendum petition 1: After receiving an indicative referendum petition pursuant to section 15(3) section 14(2) 2: Where the Clerk of the House of Representatives finds that the total number of signatures on a petition delivered to him or her pursuant to section 15(3) section 18(1) 3: Signatures disregarded under subsection (1) shall not be taken into account for the purpose of ascertaining— a: the total number of signatures on a petition for the purposes of subsection (2); or b: whether the indicative referendum petition can be certified correct under section 18 Section 16 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 17: Duties of promoter in relation to defects in indicative referendum petition Section 17 repealed 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 18: Certification of indicative referendum petition 1: Where the Clerk of the House of Representatives receives an indicative referendum petition that complies with section 14(2) a: certify that the indicative referendum petition is correct and give that petition to the Speaker; or b: certify that the indicative referendum petition has lapsed and return that petition to the promoter of the petition. 2: Subject to the provisions of this Act, an indicative referendum petition shall be certified correct by the Clerk of the House of Representatives if he or she is satisfied, in accordance with section 19 section 13(1)(a) Section 18 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 19: Procedure in relation to certification 1: For the purpose of ascertaining whether an indicative referendum petition has, after the date on which the promoter received the written notice required by section 13(1)(a) a: calculate the number of signatures that must be checked for the purpose of providing a sample that can, with confidence, be regarded as providing an accurate estimate of the result that would be obtained if all of the signatures were checked; and b: take, from the signatures to the indicative referendum petition, the number of signatures calculated under paragraph (a). 2: The Clerk of the House of Representatives must give to the Electoral Commission established by section 4B 3: The Electoral Commission must 4: The Clerk of the House of Representatives shall, on receiving the result, determine, with the assistance of the Government Statistician, whether or not the indicative referendum petition has, after the date on which the promoter received the written notice required by section 13(1)(a) Section 19 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 19(2) replaced 1 July 2012 section 54(2) Electoral (Administration) Amendment Act 2011 Section 19(3) amended 1 July 2012 section 54(3) Electoral (Administration) Amendment Act 2011 20: Power to resubmit rejected indicative referendum petition 1: Notwithstanding that an indicative referendum petition has been delivered to the Clerk of the House of Representatives under section 15(3) 2: Where an indicative referendum petition has lapsed under section 16 section 18 3: Where a petition that is resubmitted under subsection (2) is not certified correct under section 18 Section 20 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 21: Duty of Speaker to present indicative referendum petition to House The Speaker, on receiving from the Clerk of the House of Representatives an indicative referendum petition certified correct under section 18(1)(a) a: announce to the House of Representatives the receipt of that petition; and b: present the petition to the House of Representatives. 22: Date of, or voting period for, indicative referendum 1: This section applies when a petition that has been certified correct under section 18(1)(a) section 21 2: Within 1 month after the date on which the indicative referendum petition is presented to the House of Representatives, the Governor-General must either— a: make an Order in Council appointing, in accordance with section 22AA b: make an Order in Council under section 5(b) 3: An order under subsection (2)(a) 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 22 substituted 15 November 2000 section 86 Referenda (Postal Voting) Act 2000 Section 22(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 22AA: Date of indicative referendum not conducted by postal voting 1: The date appointed under section 22(2)(a) 2: However, subsection (1) does not apply in the circumstances described in subsection (3) or subsection (5). 3: The circumstances referred to in subsection (2) are that— a: the House of Representatives passes a resolution deferring the holding of the indicative referendum; and b: the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and c: the resolution is passed by a majority of 75% of all the members; and d: the House of Representatives fixes a date for the holding of the indicative referendum, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives. 4: In the circumstances described in subsection (3), the date on which the indicative referendum is held is the date fixed by the House of Representatives. 5: The circumstances referred to in subsection (2) are that— a: a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 b: the House of Representatives passes a resolution requiring the indicative referendum to be held on the polling day for the general election. 6: In the circumstances described in subsection (5), the indicative referendum is held on polling day. 7: If a writ for a general election is issued under section 125 section 22(2)(a) 8: An order under subsection (7) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22AA inserted 15 November 2000 section 86 Referenda (Postal Voting) Act 2000 Section 22AA(7) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 22AA(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 22AB: Date of indicative referendum conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) 2: The Friday appointed by the Governor-General under section 30(2) 3: However, subsection (2) does not apply in the circumstances described in subsection (4) or subsection (6). 4: The circumstances are that— a: the House of Representatives passes a resolution deferring the holding of the indicative referendum; and b: the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and c: the resolution is passed by a majority of 75% of all the members; and d: the House of Representatives fixes a date for the closing of the voting period, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives. 5: In the circumstances described in subsection (4),— a: the Governor-General does not appoint a Friday under section 30(2) b: the date on which the voting period closes is the date fixed by the House of Representatives. 6: The circumstances referred to in subsection (3) are that— a: a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 b: the House of Representatives passes a resolution requiring the voting period to close on the polling day for the general election. 7: In the circumstances described in subsection (6), the date on which the voting period closes is polling day. 8: If a writ for a general election is issued under section 125 section 22(2)(b) 9: An order under subsection (8) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22AB inserted 15 November 2000 section 86 Referenda (Postal Voting) Act 2000 Section 22AB(8) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 22AB(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 22A: Withdrawal of indicative referendum petition 1: The promoter of an indicative referendum petition may withdraw that petition by delivering to the Clerk of the House of Representatives a notice in writing withdrawing that petition, before the Governor-General has, under section 26 section 26A 2: Where a promoter withdraws an indicative referendum petition in accordance with subsection (1), the indicative referendum shall not be held. 3: Where an indicative referendum is withdrawn under subsection (1), the Clerk of the House of Representatives shall, forthwith after the receipt by the Clerk of the House of Representatives of the notice of withdrawal,— a: notify the Governor-General b: publish in the Gazette Section 22A inserted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 22A(1) substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 22A(3)(a) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 23: Delegation of functions of Clerk of the House of Representatives 1: The Clerk of the House of Representatives shall not delegate to any other person (other than the Deputy Clerk of the House of Representatives) all or any of the Clerk's functions under any of the provisions of sections 9 11 12 13 18 19 2: Nothing in this section affects the operation of section 5 section 6 2: Indicative referendum Heading substituted 15 November 2000 section 87 Referenda (Postal Voting) Act 2000 24: Application of Electoral Act 1993 to indicative referendum not conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council under section 22(2)(a) 2: This section is subject to the provisions of this Act and of any regulations made under this Act. 3: The indicative referendum is taken in the manner prescribed by the Electoral Act 1993 4: The provisions of the Electoral Act 1993 5: However, the sections of the Electoral Act 1993 sections 4B to 9 28 to 38 41 to 45(8) 46 to 59 62 to 71 113 125 to 140 143 to 146L 148 to 154 157(2) 160(1), (3), (4), and (8) 165(1)(b) 168(1) to (3) 170(6) 174(4) 179(1)(a) 180(1) to (5) 181 183 185 186 191 to 193A 196A 197 to 199 203 to 210F 221A 229 to 231 236(3) 237 to 239 243 to 246 256(1)(c) 258 to 262 264 267 268 269 to 284 Section 24 substituted 15 November 2000 section 88 Referenda (Postal Voting) Act 2000 Section 24(5) substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 24(5) amended 1 January 2011 section 38 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 24(5) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 24(5) amended 20 December 2007 section 150 Electoral Finance Act 2007 24A: Application of Electoral Act 1993 to indicative referendum conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) 2: The provisions of the Electoral Act 1993 Referenda (Postal Voting) Act 2000 3: However, the sections of the Electoral Act 1993 sections 4B to 9 28 to 38 41 to 45(8) 46 to 59 61 to 71 113 125 to 177 178(8) 179(1)(a) 180(1) to (5) 181 to 199 203 to 205S 207 to 207P 209 to 209E 215 to 219 221A 229 to 231 236(3) 237 to 239 243 to 246 256(1)(c) 258 to 262 264 266 to 284 Section 24A inserted 15 November 2000 section 88 Referenda (Postal Voting) Act 2000 Section 24A(3) amended 1 January 2011 section 39(a) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 24A(3) amended 1 January 2011 section 39(b) Electoral (Finance Reform and Advance Voting) Amendment Act 2010 Section 24A(3) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 24A(3) amended 1 March 2009 section 16 Electoral Amendment Act 2009 Section 24A(3) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 24B: Application of this Act to indicative referendum conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) 2: Sections 27 29 to 38 40A 40B 48 to 51G 52 53 54 58 Section 24B inserted 15 November 2000 section 88 Referenda (Postal Voting) Act 2000 25: Governor-General's warrant for issue of writ: indicative referendum not conducted by postal voting Section 25 repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 25A: Governor-General's warrant for issue of writ: indicative referendum conducted by postal voting Section 25A repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 26: Writ for indicative referendum not conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council, under section 22(2)(a) section 22AA(7) 2: The Governor-General must issue a writ in form 2 Electoral Commission Electoral Commission 3: If the indicative referendum is to be held on the polling day for a general election, the writ must be issued on the day on which the writ for the general election is issued. 4: If the indicative referendum is to be held on another day, the writ must be issued at least 28 days before the day on which the indicative referendum is to be held. 5: The latest day for the return of the writ must be stated in the writ. 6: The latest day for the return of the writ is,— a: if the indicative referendum is to be held on the polling day for a general election, the 60th day after the issue of the writ: b: if the indicative referendum is to be held on another day, the 50th day after the issue of the writ. Section 26 substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 26(2) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 26A: Writ for indicative referendum conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) 2: The Governor-General must issue a writ in form 2A Electoral Commission Electoral Commission 3: If the voting period for the indicative referendum ends on the polling day for a general election, the writ must be issued on the day on which the writ for the general election is issued. 4: If the voting period for the indicative referendum ends on another day, the writ must be issued at least 28 days before the commencement of that period. 5: The latest day for the return of the writ must be stated in the writ. 6: The latest day for the return of the writ is the 60th day after the issue of the writ. Section 26A substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 26A(2) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 26A(6) replaced 25 February 2012 section 4 Citizens Initiated Referenda Amendment Act 2012 26B: Notice of issue of writ 1: Immediately after receiving a writ for an indicative referendum, the Electoral Commission a: the Clerk of the House of Representatives: b: c: the promoter of the indicative referendum petition seeking the holding of that indicative referendum. 2: If the indicative referendum is not to be conducted by postal voting, the Electoral Commission Section 26B substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 26B(1) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 26B(1)(b) repealed 1 July 2012 section 54(4) Electoral (Administration) Amendment Act 2011 Section 26B(2) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 26C: Notice of issue of writ for indicative referendum conducted by postal voting Section 26C repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 27: Electoral rolls 1: Subject to the provisions of this Act and to any regulations made under this Act, the electoral rolls for the purpose of the indicative referendum shall,— a: where the citizens initiated indicative referendum is held before the first general election has been held under the Electoral Act 1993 section 101(1) b: where the citizens initiated indicative referendum is held on or after polling day for the first general election held under the Electoral Act 1993 2: For the purposes of the indicative referendum,— a: a person shall, subject to subsection (3), be deemed not to be registered as an elector if that person became registered by reason of an application for registration as an elector under the Electoral Act 1993 Electoral Commission or on or after the day on which the voting period for the indicative referendum period ends b: section 88(2) or on or after the day on which the voting period for the indicative referendum period ends 3: Where any person applies for registration as an elector of a district after a writ has been issued for the holding of the indicative referendum and before the day appointed for the taking of the indicative referendum,— a: the Electoral Commission must, if the Electoral Commission b: the Electoral Commission is not c: that person may, at the indicative referendum, vote only by way of a special vote. Section 27 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 27(2)(a) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 27(2)(a) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 27(2)(b) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 27(3)(a) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 27(3)(b) amended 21 March 2017 section 114 Electoral Amendment Act 2017 28: Voting paper The voting paper shall— a: contain the precise question to be put to voters in the indicative referendum; and b: provide, opposite the precise question to be put to voters, a space for the answers: c: provide a circle to the right of each answer: d: have a counterfoil in form 13 e: have printed on the top right-hand corner and in the space provided in the counterfoil a number (called a consecutive number) beginning with the number 1 in the case of the first voting paper printed and being consecutive on all succeeding voting papers printed, so that no 2 voting papers for the district bear the same number. Section 28(d) substituted 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 29: Nomination of scrutineers by electors in favour of one answer Any 10 or more electors who are in favour of one answer to the question may, by nomination paper signed by each of those electors, nominate any 2 specified persons to appoint 1 or more scrutineers to act at each polling place 1990 No 3 s 5 Section 29 amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 30: Nomination of scrutineers by electors in favour of the other answer Any 10 or more electors who are in favour of the other of the 2 answers may, in like manner, nominate any 2 specified persons to appoint 1 or more scrutineers to act at each polling place 1990 No 3 s 6 Section 30 amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 31: Form of nomination paper The nomination paper shall be in form 3 1990 No 3 s 7 32: Nomination paper to be lodged with Returning Officer The nomination paper shall be lodged with the Returning Officer of the electoral district not later than the 12th day before the day on which the indicative referendum is to be held, and shall be open to public inspection. 1990 No 3 s 8 33: Selection of fit persons to appoint scrutineers On a day to be publicly notified by the Returning Officer of the electoral district, being not earlier than the tenth nor later than the fifth day before the day on which the indicative referendum is to be held, the Returning Officer shall publicly consider all the nomination papers duly lodged, and, after hearing all objections, select 2 fit persons to appoint one scrutineer, and 2 fit persons to appoint the other scrutineer, to act at each polling place 1990 No 3 s 9 Section 33 amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 34: Selection to be in writing The selection shall be signed by the Returning Officer and shall be in form 4 1990 No 3 s 10 35: Appointments of scrutineers to be in writing The appointment shall in each case be signed by the persons selected, and shall be in form 5 1990 No 3 s 11 36: Powers and rights of scrutineers 1: Every scrutineer so appointed shall, for the purposes of the indicative referendum, have all the powers and rights of a scrutineer under the Electoral Act 1993 a form that the Electoral Commission has approved 2: Without limiting subsection (1), a scrutineer so appointed— a: may be present at the office of the Electoral Commission for the district when the Electoral Commission is performing its duties under section 172 b: may be present at the scrutiny of the rolls conducted by the Returning Officer under section 175 3: The number of scrutineers for each answer who may be present in a polling place may not exceed the number of issuing officers designated for the polling place. 1990 No 3 s 12 Section 36(1) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 36(1) amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 36(1) amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 36(2)(a) replaced 21 March 2017 section 114 Electoral Amendment Act 2017 Section 36(2)(b) amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 36(3) added 28 February 2002 section 101(2) Electoral Amendment Act 2002 37: Remuneration of scrutineers not to be paid out of public money The remuneration (if any) of the scrutineers shall not be paid out of public money appropriated for the purposes of conducting the indicative referendum. 1990 No 3 s 13 38: Application to District Court Judge for recount If the result of any indicative referendum in any electoral district is disputed on the ground that the public declaration by the Electoral Commission section 179(2) a: any 6 electors may, within 3 working days after the public declaration, apply to a District Court Judge for a recount of the votes: b: every such application shall be accompanied by a deposit of $200 (which deposit is inclusive of goods and services tax): c: the District Court Judge shall cause a recount of the votes to be commenced within 3 working days of receiving the application, and shall give notice in writing to the applicants and to any scrutineers appointed under section 35 d: sections 180(6) 182 184 1990 No 3 s 14 Section 38 amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 38 amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 38 amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 38(d) substituted 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 39: Endorsement and return of writ 1: An Electoral Commissioner must, on behalf of the Electoral Commission, a: endorse on the writ— i: the total number of valid votes recorded for each of the 2 answers to the precise question; and ii: if the writ is in form 2 iii: the date of the endorsement; and b: sign the writ; and c: immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives. 2: The date endorsed on the writ under subsection (1) is the day of the return of the writ. 3: The writ must be returned within the time specified in the writ for its return. 4: If any application for a recount of the votes has been made, the Electoral Commission 5: If, at any time before the expiry of the time for an application for a recount of the votes, it appears to the Electoral Commission Electoral Commission 5A: If the voting period for an indicative referendum conducted by postal voting is extended under section 37 5B: Subsection (5A) applies whether the voting period is extended in relation to the whole or any area or areas of New Zealand, or any or all of Tokelau, Campbell Island, Raoul Island, or the Ross Dependency. 6: Subsections (4) to (5B) Section 39 substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 39(1) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 39(4) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 39(5) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 39(5A) inserted 25 February 2012 section 5(1) Citizens Initiated Referenda Amendment Act 2012 Section 39(5B) inserted 25 February 2012 section 5(1) Citizens Initiated Referenda Amendment Act 2012 Section 39(6) amended 25 February 2012 section 5(2) Citizens Initiated Referenda Amendment Act 2012 40: Declaration of result 1: This section applies when the Governor-General makes an Order in Council, under section 22(2)(a) section 22AA(7) 2: The Electoral Commission a: must notify in the Gazette i: the total number of valid votes recorded for each of the 2 answers to the precise question; and ii: the total number of valid votes recorded in each electoral district for each of the 2 answers to the precise question; and b: must give to the Minister of Justice written notice of the numbers notified in the Gazette 3: The Minister of Justice must, as soon as practicable, present to the House of Representatives a copy of the notice given to the Minister of Justice under subsection (2)(b). Section 40 substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 40(2) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 40AA: Declaration of result of indicative referendum conducted by postal voting 1: This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) 2: The result of an indicative referendum conducted by postal voting must be declared under section 49 Section 40AA inserted 15 November 2000 section 90 Referenda (Postal Voting) Act 2000 40A: Infringement of secrecy 1: Every official, clerk, scrutineer, interpreter, or other person appointed for the purposes of this Act shall use or disclose information acquired by him or her in that capacity only in accordance with his or her official duty or his or her duty as a scrutineer, as the case may require. 2: No person, except for some purpose authorised by law, shall— a: interfere with or attempt to interfere with a voter when marking his or her vote: b: attempt to obtain in a polling place information as to the answer for which a voter in the polling place is about to vote or has voted: c: communicate at any time to any person any information obtained in a polling place as to the answer for which any voter at the polling place is about to vote or has voted, or as to the consecutive number on the ballot paper given to any voter at the polling place. 3: Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the answer for which any vote is given in any particular voting paper. 4: No person shall directly or indirectly induce any voter to display his or her voting paper or any piece of his or her voting paper after he or she has marked it, so as to make known to any person the answer for which he or she has voted. Section 40A inserted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 40A(2)(b) substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 40A(2)(c) substituted 28 February 2002 section 101(2) Electoral Amendment Act 2002 40B: Infringement of secrecy constitutes corrupt practice Every person is guilty of a corrupt practice within the meaning of the Electoral Act 1993 section 40A Section 40B inserted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 3: Publicity Heading substituted 15 November 2000 section 91 Referenda (Postal Voting) Act 2000 41: Publicity for indicative referendum 1: No person shall, at any time in the indicative referendum period, or, in the case of an indicative referendum conducted by postal voting, at any time during the voting period, 2: For the purposes of this section, the term indicative referendum period Gazette section 13(1)(b) 3: Every person is guilty of an illegal practice within the meaning of the Electoral Act 1993 4: Nothing in this section shall restrict the publication of any news or comments relating to the indicative referendum petition or the indicative referendum in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 1990 No 3 s 16 Section 41(1) amended 15 November 2000 section 92 Referenda (Postal Voting) Act 2000 Section 41(3) substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 42: Limits on expenditure Every person commits an offence and is liable on $20,000 a: knowingly spends, on advertisements published or broadcast in relation to an indicative referendum petition, more than $50,000: b: knowingly spends, on advertisements promoting one of the answers to the precise question to be put to voters in an indicative referendum (whether those advertisements are published or broadcast or both), more than $50,000. Section 42 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 42 amended 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 43: Returns in relation to advertisements 1: In this section,— advertisement advertiser return a: lists where every advertisement was published or broadcast; and b: states the cost of every advertisement. 1A: Every advertiser must make a return to the Electoral Commission a: if the petition finally lapses under this Act, within 1 month after the date on which the petition finally lapses; or b: if the result of the indicative referendum is notified in the Gazette section 40(2) c: if the result is declared under section 49 2: 3: Every person commits an offence and is liable on subsection (1A) 4: Every person who makes, under subsection (1A) a: is, if the person makes the return knowing that the return is false in a material particular, guilty of a corrupt practice and is liable on conviction b: is, in any other case, guilty of an illegal practice, and is liable on conviction i: that he or she had no intention to mis-state or conceal the facts; and ii: that he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 5: Every person charged with an offence against subsection (4)(a) may be convicted of an offence against subsection (4)(b). Section 43 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 43(1) substituted 15 November 2000 section 93(1) Referenda (Postal Voting) Act 2000 Section 43(1) appropriate official repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 43(1A) inserted 15 November 2000 section 93(1) Referenda (Postal Voting) Act 2000 Section 43(1A) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 43(1A)(b) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 43(2) repealed 15 November 2000 section 93(1) Referenda (Postal Voting) Act 2000 Section 43(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(3) amended 15 November 2000 section 93(2) Referenda (Postal Voting) Act 2000 Section 43(4) amended 15 November 2000 section 93(3) Referenda (Postal Voting) Act 2000 Section 43(4)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(4)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 44: Duty of Electoral Commission 1: It shall be the duty of the Electoral Commission sections 41 to 43 2: Where the Electoral Commission believes sections 41 to 43 Electoral Commission must 3: 1956 No 107 s 137(5), (6) 1983 No 104 s 22 Section 44 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 44 heading amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 44(1) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 44(2) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 44(3) repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 45: Return to be open for public inspection 1: Every return under section 43 a: must be kept by the Electoral Commission in the office of the Electoral Commission, or some other convenient place to be appointed by the Electoral Commission, for a period of 5 years after it has been received by the Electoral Commission; and b: shall, during the period that it is kept under paragraph (a), be open to inspection by any person on payment of such charges (if any) as may be made under the Official Information Act 1982 2: At the end of the period specified in subsection (1), the Electoral Commission must 3: Section 45 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 45(1)(a) substituted 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 45(2) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 Section 45(3) repealed 28 February 2002 section 101(2) Electoral Amendment Act 2002 46: Transmission of copy of return to Chief Electoral Officer Section 46 repealed 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 4: Application for inquiry into conduct of indicative referendum Heading substituted 15 November 2000 section 96 Referenda (Postal Voting) Act 2000 47: Sections of Electoral Act 1993 applied 1: The sections of the Electoral Act 1993 section 48 2: The sections of the Electoral Act 1993 sections 232 to 234 235 236(1), (2), (4) to (7) 240 241 242 247 to 255 256(1)(a) and (b) 257 Section 47 substituted 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Applicants Heading inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 48: Who may be applicants If a group of at least 50 electors in an electoral district is dissatisfied with the result of the indicative referendum in that district, the group may apply to the High Court for an inquiry into the conduct of the referendum or of any person connected with it. 1993 No 101 s 48(1) Section 48 substituted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 Respondents Heading inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 49: Who may be respondents 1: Any group of at least 6 electors in the electoral district to which an application relates may file notice of its intention to oppose the application or, if there is more than 1, to oppose specified applications. 2: The notice must be in the prescribed form. 3: Such a notice must be filed at least 3 working days before the day fixed for the start of the hearing. 4: A group filing such a notice within that time becomes a respondent to the application or applications. 1993 No 101 s 49 Section 49 substituted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 50: Who may be respondents The person complained of is a respondent to the application if the person is— a: the Returning Officer; or b: the Electoral Commission 1993 No 101 s 48(2) Section 50 substituted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 Section 50(b) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Making of application Heading inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51: Application form 1: The application must be in form 6 2: The application must state the specific grounds on which the applicant is dissatisfied with the result of the referendum. 1993 No 101 s 48(3), (4) Section 51 substituted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51A: Application to be filed in High Court An applicant makes its application by filing the application in the High Court nearest to the place where the spokesperson for the applicant lives. 1993 No 101 s 48(4) Section 51A inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51B: Time for making application An applicant must make its application within 20 working days after the Electoral Commission section 179(2) 1993 No 101 s 48(1) Section 51B inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 Section 51B amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 51B amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 51C: Application to be sent to Returning Officer The Registrar of the court must send a copy of the application to the Returning Officer as soon as practicable after it is filed. 1993 No 101 s 48(4) Section 51C inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51D: Application to be served on respondents 1: An application must be served on a group that becomes a respondent under section 49 2: An application that asks for an inquiry into the conduct of a person connected with the indicative referendum must be served on the person complained of as soon as practicable after it is made. 3: An application must be served in a manner as close as possible to that in which a statement of claim is served. 1993 No 101 s 48(5) Section 51D inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51E: Matters to be inquired into at hearing 1: At the hearing, the court has jurisdiction to inquire into and adjudicate on any matter relating to the application in any manner that the court thinks fit. 2: The court may give leave for grounds other than those stated in the application to be inquired into. The leave may be given on any terms and conditions that the court considers just. 3: Evidence may be given to prove that the total number of valid votes recorded for each of the 2 answers to the precise question was other than that declared, without any applicant having to state that as a ground of dissatisfaction or the court having to give leave for that ground to be inquired into. 1993 No 101 s 48(3) Section 51E inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 Court's decision Heading inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51F: Decision of court as to result of indicative referendum At the end of a hearing, the court must do one of the following: a: it must determine the total number of valid votes recorded for each of the 2 answers to the precise question; or b: it must determine whether the indicative referendum is void because of some irregularity that in the court's opinion materially affected the result of the indicative referendum. 1993 No 101 s 50 Section 51F inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 51G: Fresh indicative referendum 1: When the court declares a indicative referendum void, a fresh indicative referendum must be held in the manner specified by this Act. 2: The Registrar of the court must notify the Electoral Commission 3: The Electoral Commission Gazette Electoral Commission 4: At the fresh indicative referendum the same roll of electors must be used as was used at the voided indicative referendum. 1993 No 101 s 51 Section 51G inserted 15 November 2000 section 97 Referenda (Postal Voting) Act 2000 Section 51G(2) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 51G(3) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 5: Offences Heading substituted 15 November 2000 section 98 Referenda (Postal Voting) Act 2000 52: Interfering with or influencing voters 1: Every person commits an offence and shall be liable on a: in any way interferes with any elector, either in the polling place place b: at any time on the day on which the referendum is held before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the indicative referendum, by any means whatsoever: c: at any time on the day on which the referendum is held before the close of the poll makes any statement having direct or indirect reference to the indicative referendum, by means of any loudspeaker or public address apparatus or cinematograph or television apparatus: provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 i: any advertisement placed by the Electoral Commission ii: any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 iii: any news in relation to the indicative referendum: d: at any time before the close of the poll, conducts in relation to the indicative referendum a public opinion poll of persons voting before the day on which the referendum is held: e: at any time on the day on which the referendum is held before the close of the poll, conducts a public opinion poll in relation to the indicative referendum: f: at any time on the day on which the referendum is held before the close of the poll, or at any time on any of the 3 days immediately preceding that day, prints or distributes or delivers to any person anything being or purporting to be in imitation of the voting paper to be used at the poll, together with any direction or indication as to the answer for which any elector should or should not vote, or in any way containing any such direction or indication, or having on it any matter likely to influence any vote: g: at any time on the day on which the referendum is held before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,— i: any statement advising or intended or likely to influence any elector as to the answer for which the elector should or should not vote; or ii: any statement advising or intended or likely to influence any elector to abstain from voting; or iii: any name, emblem, slogan, or logo identified with any answer to which the indicative referendum relates or with any proponent of any such answer: provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before the day on which the referendum is held: provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the indicative referendum and which is so exhibited before the day on which the referendum is held in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a proponent of any answer to a question to which the indicative referendum relates, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on the day on which the referendum is held: provided further that this paragraph shall not restrict the publication of the name of any proponent of any answer to a question to which the indicative referendum relates in any news which relates to the indicative referendum and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 h: at any time on the day on which the referendum is held before the close of the poll exhibits in or in view of any public place or distributes any ribbons, streamers, rosettes, or items of a similar nature in colours that are identified with any answer to a question to which the indicative referendum relates or with any proponent of any such answer: provided that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in colours that are identified with any answer to a question to which the indicative referendum relates or with any proponent of any such answer or to a lapel badge worn by any person (not being an electoral official): i: at any time on the day on which the referendum is held before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation voting paper) having on it the question to which the indicative referendum relates: j: exhibits or leaves in any polling place k: subject to any regulations made under this Act, at any time on the day on which the referendum is held before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,— i: gives or offers to give any person any written or oral information as to any name or number on the main roll or any supplementary roll being used at the election: ii: permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election. 2: It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that— a: the exhibition was inadvertent; and b: the defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a Deputy Returning Officer that the exhibition was taking place. 3: Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act or the Electoral Act 1993 1956 No 107 s 127 1990 No 1 s 65(1) Section 52(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52(1)(a) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 52(1)(c)(i) amended 1 October 2010 section 32(1)(b) Electoral (Administration) Amendment Act 2010 Section 52(1)(j) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 52(3) amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 53: Power to remove statements, names, emblems, slogans, or logos 1: The Returning Officer may at any time on the day on which the referendum is held before the close of the poll cause to be removed or obliterated— a: any statement advising or intended or likely to influence any elector as to the answer for which the elector should or should not vote; or b: any statement advising or intended or likely to influence any elector to abstain from voting; or c: any name, emblem, slogan, or logo identified with any answer to the question to which the indicative referendum relates or any proponent of any such answer,— which is exhibited in or in view of any public place. 2: Nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in colours that are identified with any answer to the question to which the indicative referendum relates or with any proponent of any such answer or to a lapel badge worn by any person. 3: Nothing in subsection (1) shall apply to a statement, name, emblem, slogan, or logo which does not relate specifically to the indicative referendum and which was so exhibited before the day on which the referendum is held in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a proponent of any answer to the question to which the indicative referendum relates. 4: All expenses incurred by the Returning Officer in carrying out the power conferred by subsection (1) may be recovered by the Returning Officer from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the Crown. 1956 No 107 s 127A 1981 No 120 s 40(1) 1990 No 1 s 66 53A: Bribery of promoter 1: Every person is guilty of a corrupt practice within the meaning of the Electoral Act 1993 2: Every person commits the offence of bribery of a promoter who, directly or indirectly, by himself or herself or by any other person on his or her behalf— a: gives any money or procures any office to or for a promoter, or to or for any other person on behalf of a promoter, or to or for any other person, in order to induce a promoter to withdraw an indicative referendum petition; or b: corruptly does any such act as aforesaid on account of a promoter having withdrawn an indicative referendum petition; or c: makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the withdrawal of an indicative referendum petition,— or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the withdrawal of an indicative referendum petition. 3: For the purposes of this section,— a: references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration: b: references to procuring any office shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment. 4: Every person commits the offence of bribery who— a: advances or pays or causes to be paid any money to or to the use of any other person with the intent that the money or any part thereof shall be expended in bribery of a promoter; or b: knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery of a promoter. 5: The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith in relation to an indicative referendum petition. 6: A promoter commits the offence of bribery of a promoter if, before or during an indicative referendum petition, he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for withdrawing an indicative referendum petition or agreeing to withdraw an indicative referendum petition. 7: Every person commits the offence of bribery of a promoter if, after the withdrawal of an indicative referendum petition, he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of a promoter having withdrawn an indicative referendum petition or having induced a promoter to withdraw an indicative referendum petition. 8: Nothing in this section shall be construed to extend to any actions taken by a person in good faith in resolving or attempting to resolve the issues raised by an indicative referendum petition. Section 53A inserted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 53B: Undue influence of promoter Every person is guilty of a corrupt practice within the meaning of the Electoral Act 1993 a: directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or herself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against a promoter, in order to induce or compel that promoter to withdraw an indicative referendum petition, or on account of that promoter having refrained from withdrawing an indicative referendum petition; or b: by abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of decision by a promoter to withdraw an indicative referendum petition, or thereby compels, induces, or prevails upon a promoter to withdraw an indicative referendum petition. Section 53B inserted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 54: Offences 1: Every person commits an offence who, at an indicative referendum,— a: except in accordance with any regulations made under the Electoral Act 1993 issuing officer place b: does or omits to do an act (other than an act to which section 52 Electoral Act 1993 2: Every person who commits an offence against subsection (1)(a) shall be liable on 3: Every person who commits an offence against subsection (1)(b) shall be liable on Electoral Act 1993 Section 54 substituted 6 December 1995 Citizens Initiated Referenda Amendment Act 1995 Section 54(1)(a) amended 28 February 2002 section 101(2) Electoral Amendment Act 2002 Section 54(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 6: Miscellaneous provisions Heading substituted 15 November 2000 section 99 Referenda (Postal Voting) Act 2000 55: Two or more referenda 1: Two or more indicative referenda may be held on the same day. 2: One or more indicative referenda may be held during the voting period for 1 or more referenda (within the meaning of the Referenda (Postal Voting) Act 2000 Section 55 substituted 15 November 2000 section 100 Referenda (Postal Voting) Act 2000 56: Appropriation 1: All expenses incidental to the holding of an indicative referendum under this Act shall be paid out of public money without further appropriation than this section. 2: Nothing in subsection (1) applies in respect of— a: expenses incurred in preparing a proposal to promote an indicative referendum petition: b: expenses incurred by a promoter of an indicative referendum petition: c: expenses incurred in collecting signatures to an indicative referendum petition. 57: Application of Ombudsmen Act 1975 and Official Information Act 1982 The Ombudsmen Act 1975 Official Information Act 1982 Schedule 1 58: 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: applying, with or without modifications, for the purposes of this Act, provisions of any regulations made under the Electoral Act 1993 b: prescribing forms in relation to the holding of an indicative referendum: c: prescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside New Zealand) at an indicative referendum: d: prescribing conditions upon or subject to which special voters may vote at an indicative referendum: e: prescribing, for the purposes of an indicative referendum, different methods of voting for different classes of special voters: f: prescribing fees for the purposes of this Act: g: 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 58(1)(a) amended 1 July 1995 Citizens Initiated Referenda Amendment Act 1994 Section 58(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 58A: Rules of court Rules of court may be made in the manner prescribed in the Senior Courts Act 2016 Part 6 Section 58A inserted 15 November 2000 section 101 Referenda (Postal Voting) Act 2000 Section 58A amended 1 March 2017 section 183(b) Senior Courts Act 2016 59: Right to petition House of Representatives unaffected Nothing in this Act affects in any way the right of any person to petition the House of Representatives, or the jurisdiction of any committee or other body set up by the House of Representatives to deal with a petition to the House of Representatives.

DLM327458

1993

Industrial and Provident Societies Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Industrial and Provident Societies Amendment Act 1993, and shall be read together with and deemed part of the Industrial and Provident Societies Act 1908 2: This Act shall come into force on the 1st day of July 1994. 2: Power to compromise with creditors and members This section amended sections 10A(1) (2) (5) 3: Dissolution of societies 1: This subsection substituted paragraph 15(a) paragraph 15(ab) 2: This subsection amended section 15(b) 4: Industrial and Provident Societies Amendment Act 1952 amended 1: Section 13(1) Industrial and Provident Societies Amendment Act 1952 course of being wound up, the debts which in every winding up are under the provisions of Part VI of the Companies Act 1955 liquidation, the debts which in every liquidation are under the provisions of Part XVI of, and the Seventh Schedule to, the Companies Act 1993 2: Section 13 Industrial and Provident Societies Amendment Act 1952 subsection (2) section 6(1) of the Industrial and Provident Societies Amendment Act 1981 2: In the application of clause 2(b) of the Seventh Schedule to the Companies Act 1993 3: Section 13 Industrial and Provident Societies Amendment Act 1952 subsection (3) 3: The periods of time referred to in Part XVI of, and the Seventh Schedule to, the Companies Act 1993 4: Section 6(1) of the Industrial and Provident Societies Amendment Act 1981 5: The Industrial and Provident Societies Amendment Act 1952 section 14 section 2(2) Industrial and Provident Societies Amendment Act 1979 6: Section 2(2) Industrial and Provident Societies Amendment Act 1979 5: Transitional provisions applying to liquidation of societies Section 5 repealed 5 December 2013 section 14 Companies Amendment Act 2013

DLM328938

1993

Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993

1: Short Title and commencement 1: This Act may be cited as the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993, and shall be read together with and deemed part of the Social Welfare (Transitional Provisions) Act 1990 2: This Act shall come into force on the 1st day of April 1994. 2: New Zealand superannuation 1: Unless in any case the context otherwise requires, and subject to the provisions of this Act and of the Income Tax Amendment Act (No 4) 1993 2: Section 2 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 3: 1: 2: Subsection (2) repealed 1 July 1996 Social Welfare (Transitional Provisions) Amendment Act 1996 3: 4: Annual adjustment of rates of New Zealand superannuation and veterans' pensions 1: This subsection substituted s 13A 2: Section 2 of the Social Welfare (Transitional Provisions) Amendment Act (No 3) 1991 5: 6: Repeals The following enactments are hereby consequentially repealed: a: Section 15(1) Department of Social Welfare Act 1971 b: Section 2 of the Social Security Amendment Act 1984 c: Section 2(3)(a) Social Security Amendment Act 1987 d: Subsections (7) (10)(a) Social Welfare (Transitional Provisions) Act 1990 e: Section 24(2) Social Security Amendment Act 1991 f: Paragraphs (c) (d) (1) to (3) Social Security Amendment Act (No 3) 1993

DLM294902

1993

Foundation for Research, Science, and Technology Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Foundation for Research, Science, and Technology Amendment Act 1993, and shall be read together with and deemed part of the Foundation for Research, Science, and Technology Act 1990 2: This Act shall come into force on the 1st day of April 1993. 2: This section substituted section 2 3: This section substituted section 5 4: Foundation to adhere to Government priorities 1: This subsection substituted section 7 2: Section 7 subsection (1) section 7 subsection (1) section 7 5: This section amended section 8 6: This section inserted sections 8A to 8C 7: This section substituted clause 22

DLM328321

1993

Companies Act Repeal Act 1993

1: Short Title and commencement 1: This Act may be cited as the Companies Act Repeal Act 1993. 2: This Act shall come into force on the close of 30 June 1997. 2: Repeal of Companies Act 1955 1: The Companies Act 1955 2: The enactments specified in the Schedule are hereby consequentially repealed. 3: The Companies (Fees) Order 1987 (SR 1987/152) 3: Savings 1: The Companies Act 1955 section 2 a: every winding up or liquidation of a company commenced before the coming into force of this Act: b: every company that has made an application for reregistration under the Companies Reregistration Act 1993 c: every company that, immediately after the commencement of this Act, has not been reregistered or deemed to be reregistered under the Companies Reregistration Act 1993 2: Despite the repeal of the Companies Act 1955 section 2 subsections (3) to (7) of section 42 of the Companies Amendment Act 1993 3: Part 6A of the Companies Act 1955 section 2 4: Nothing in subsection (1)(a) applies in relation to section 290 of the Companies Act 1955 Section 3(2) added 30 June 1997 section 2 Companies Act Repeal Amendment Act 1997 Section 3(3) added 30 June 1997 section 2 Companies Act Repeal Amendment Act 1997 Section 3(4) added 30 June 1997 section 2 Companies Act Repeal Amendment Act 1997

DLM327468

1993

Reserve Bank of New Zealand Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Reserve Bank of New Zealand Amendment Act 1993, and shall be read together with and deemed part of the Reserve Bank of New Zealand Act 1989 2: This Act shall come into force on the 1st day of July 1994. 2: 3: 4: Application of certain provisions of Companies Act 1993 This section substituted s 139 5: Transitional provisions Nothing in section 4 a: A registered bank that was subject to statutory management under the principal Act immediately before the commencement of this Act: b: Any transaction entered into by a registered bank or anything done by any person before the commencement of this Act— and, in any such case, sections 308 (except subsection (1)(d)), 309 to 311C, and 319 to 321 of the Companies Act 1955 c: The registered bank were a company that was being wound up under the Companies Act 1955 d: The statutory manager of the registered bank was the liquidator of the company; and e: The date on which the registered bank became subject to statutory management was the date of the commencement of the winding up. 6: 7: 8: 9:

DLM303771

1993

Broadcasting Amendment Act 1993

1: Short Title and commencement 1: This Act may be cited as the Broadcasting Amendment Act 1993, and shall be read together with and deemed part of the Broadcasting Act 1989 2: Except as provided in subsection (3) 3: Sections 3 to 5 7 8 23 24 2: 3: 4: 5: 6: 7: 8: 9: 10: Section 10 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 11: Section 11 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 12: Section 12 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 13: Section 13 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 14: Section 14 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 15: Section 15 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 16: Section 16 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 17: Section 17 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 18: Section 18 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 19: Section 19 repealed 1 July 1996 23 Broadcasting Amendment Act 1996 20: 21: 22: Transitional provisions Every action taken by the Authority before the commencement of this section which would have been valid if Part 6 23: 24: 25: Transitional provision in relation to membership of Authority Every person who holds office as a member of the Authority under section 26(3)(b) 26(3)(c) section 26(3)(b) section 6

DLM311023

1993

Civil Aviation Amendment Act 1993

1: Short title This Act may be cited as the Civil Aviation Amendment Act 1993, and shall be read together with and deemed part of the Civil Aviation Act 1990 2: 3: 4: 5: 6: 7: 8: Functions of Authority 1: 2: 3: The following enactments are hereby consequentially repealed: a: b: Section 45(a) Civil Aviation Amendment Act 1992 9: 10: 11: 12: 13: 14: 15: 16: 17: 18: Transitional provision relating to employees 1: Notwithstanding any other provision of this Act or the principal Act or any provision of the State Sector Act 1988 a: Every person employed in the Ministry immediately before the commencement of this Act and engaged principally in duties that relate to functions that are functions of the Aviation Security Service is hereby deemed to be an employee of the Authority; and b: The terms and conditions of employment of every person who, by virtue of paragraph (a) 2: For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of a person who, by virtue of subsection (1) a: The contract of employment that applied immediately before the commencement of this Act in respect of that person's employment in the Ministry shall be deemed not to have been broken by that person having so become a person employed by the Authority; and b: Any period recognised by the Secretary as continuous service in the Ministry shall be deemed to have been a period of continuous service in the Authority. 3: No person who becomes, by virtue of subsection (1)(a) 19: Contributors to Government Superannuation Fund 1: Any person who, immediately before the commencement of this Act, was an officer or employee appointed under the State Sector Act 1988 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 2: Subject to the Government Superannuation Fund Act 1956 subsection (1) 3: For the purposes of applying the Government Superannuation Fund Act 1956 subsection (1) controlling Director 20: National Provident superannuation scheme Where— a: The contract of service of an officer or employee under the State Sector Act 1988 b: The officer or employee was, immediately before the date on which the transfer takes effect, a member of a superannuation scheme of which the Board of Trustees of the National Provident Fund is trustee; and c: The employer of that officer or employee contributed to that scheme,— the Authority shall on and from that date be obliged to contribute to that scheme in respect of that employee in accordance with the terms of the scheme. 21: Transfer of assets and liabilities relating to aviation security to Authority Part 4 State-Owned Enterprises Act 1986 sections 27 27D a: The Minister were the shareholding Minister for a State enterprise; and b: The Authority were a State enterprise. 22: Amendment to Civil Aviation Amendment Act 1991 The Civil Aviation Amendment Act 1991 sections 13 14 3 years 5 years 23:

DLM224791

1990

New Zealand Bill of Rights Act 1990

1: Short Title and commencement 1: This Act may be cited as the New Zealand Bill of Rights Act 1990. 2: This Act shall come into force on the 28th day after the date on which it receives the Royal assent. 1: General provisions 2: Rights affirmed The rights and freedoms contained in this Bill of Rights are affirmed. 3: Application This Bill of Rights applies only to acts done— a: by the legislative, executive, or judicial branches of the Government of New Zealand; or b: by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. 4: Other enactments not affected No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),— a: hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or b: decline to apply any provision of the enactment— by reason only that the provision is inconsistent with any provision of this Bill of Rights. 5: Justified limitations Subject to section 4 6: Interpretation consistent with Bill of Rights to be preferred Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning. 7: Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights Where any Bill is introduced into the House of Representatives, the Attorney-General shall,— a: in the case of a Government Bill, on the introduction of that Bill; or b: in any other case, as soon as practicable after the introduction of the Bill,— bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights. Required actions after declarations of inconsistency Heading inserted 30 August 2022 section 4 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 7A: Attorney-General to notify Parliament of declaration of inconsistency 1: This section applies if a declaration made by a senior court that an enactment is inconsistent with this Bill of Rights (and not made under section 92J a: no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or b: all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed. 2: The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives. Section 7A inserted 30 August 2022 section 4 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 7B: Responsible Minister to report to Parliament Government’s response to declaration 1: If a notice is presented under section 7A 2: The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time— a: specified by a resolution of the House of Representatives; or b: otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice. Section 7B inserted 30 August 2022 section 4 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 2: Civil and political rights Life and security of the person 8: Right not to be deprived of life No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice. 9: Right not to be subjected to torture or cruel treatment Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment. 10: Right not to be subjected to medical or scientific experimentation Every person has the right not to be subjected to medical or scientific experimentation without that person's consent. 11: Right to refuse to undergo medical treatment Everyone has the right to refuse to undergo any medical treatment. Democratic and civil rights 12: Electoral rights Every New Zealand citizen who is of or over the age of 18 years— a: has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot; and b: is qualified for membership of the House of Representatives. 13: Freedom of thought, conscience, and religion Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference. 14: Freedom of expression Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. 15: Manifestation of religion and belief Every person has the right to manifest that person's religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private. 16: Freedom of peaceful assembly Everyone has the right to freedom of peaceful assembly. 17: Freedom of association Everyone has the right to freedom of association. 18: Freedom of movement 1: Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand. 2: Every New Zealand citizen has the right to enter New Zealand. 3: Everyone has the right to leave New Zealand. 4: No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law. Non-discrimination and minority rights 19: Freedom from discrimination 1: Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993 2: Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 Section 19 substituted 1 February 1994 section 145 Human Rights Act 1993 20: Rights of minorities A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority. Search, arrest, and detention 21: Unreasonable search and seizure Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. 22: Liberty of the person Everyone has the right not to be arbitrarily arrested or detained. 23: Rights of persons arrested or detained 1: Everyone who is arrested or who is detained under any enactment— a: shall be informed at the time of the arrest or detention of the reason for it; and b: shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and c: shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus 2: Everyone who is arrested for an offence has the right to be charged promptly or to be released. 3: Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal. 4: Everyone who is— a: arrested; or b: detained under any enactment— for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right. 5: Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person. 24: Rights of persons charged Everyone who is charged with an offence— a: shall be informed promptly and in detail of the nature and cause of the charge; and b: shall be released on reasonable terms and conditions unless there is just cause for continued detention; and c: shall have the right to consult and instruct a lawyer; and d: shall have the right to adequate time and facilities to prepare a defence; and e: shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more f: shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and g: shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court. Section 24(e) amended 1 July 2013 section 4 New Zealand Bill of Rights Amendment Act 2011 25: Minimum standards of criminal procedure Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights: a: the right to a fair and public hearing by an independent and impartial court: b: the right to be tried without undue delay: c: the right to be presumed innocent until proved guilty according to law: d: the right not to be compelled to be a witness or to confess guilt: e: the right to be present at the trial and to present a defence: f: the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution: g: the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: h: the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both: i: the right, in the case of a child, to be dealt with in a manner that takes account of the child's age. 26: Retroactive penalties and double jeopardy 1: No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred. 2: No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again. 27: Right to justice 1: Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. 2: Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination. 3: Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals. 3: Miscellaneous provisions 28: Other rights and freedoms not affected An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part. 29: Application to legal persons Except where the provisions of this Bill of Rights otherwise provide, the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons.

DLM203525

1990

Insolvency Amendment Act 1990

1: Short Title This Act may be cited as the Insolvency Amendment Act 1990, and shall be read together with and deemed part of the Insolvency Act 1967 2: 3: 4: 5: 1: This subsection substituted section 132 section 132A 2: Nothing in sections 132 132A subsection (1) section 132 3: 4: 5: The Insolvency Regulations 1970 a: By revoking regulation 48A regulation 3 Insolvency Regulations 1970 b: By revoking Schedule 2 regulation 4 Insolvency Regulations 1970 Subsection (3) repealed 1 July 1994 3(3) Insolvency Amendment Act 1994 6: 7:

DLM214197

1990

America’s Cup (Planning) Act Repeal Act 1990

1: Short Title This Act may be cited as the America’s Cup (Planning) Act Repeal Act 1990. 2: Repeal of America’s Cup (Planning) Act 1989 and savings 1: The America’s Cup (Planning) Act 1989 2: Part 3 3: The Local Government Official Information and Meetings Act 1987 a: by repealing section 46(4)(d) b: by omitting from Part 2 4: Subject to subsection (5), the America’s Cup Planning Authority shall continue in existence, and the America’s Cup (Planning) Act 1989 Ombudsmen Act 1975 Local Government Official Information and Meetings Act 1987 a: finally determining every application made, before 27 April 1990, under section 15 of the America’s Cup (Planning) Act 1989 b: giving effect to every consent, change, or variation granted or agreed to by that Authority or the Environment Court but for no other purpose. 5: For the purposes of subsection (4) and of determining any application to which that subsection applies— a: the proposal or facility or proposed facility to which the application relates shall be deemed to meet the criteria set out in section 16 of the America’s Cup (Planning) Act 1989 b: the America’s Cup (Planning) Act 1989 i: in section 18(1) , being not less than 10 working days after the date of the public notice, ii: in section 18(2)(b) , being not less than 10 working days after the expiry of the period within which objections or submissions may be lodged pursuant to subsection (1) of this section iii: sections 24, 28, and 29(1) iv: in section 29(2) , within 5 working days after receiving notification of the decision, v: in section 29(3) Subject to this section, vi: section 29(4), (5), and (6) vii: section 36(1) viii: in section 36(2) pursuant to subsection (1) of this section c: the fact that an applicant withdraws or does not wish to proceed with any part of the application shall not of itself preclude the America’s Cup Planning Authority or the Environment Court The words Environment Court in subsections (4)(b) (5)(c) substituted 2 September 1996 Planning Tribunal section 6(2)(a) Resource Management Amendment Act 1996

DLM207525

1990

Government Superannuation Fund Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Government Superannuation Fund Amendment Act 1990, and shall be read together with and deemed part of the Government Superannuation Fund Act 1956 2: This Act shall come into force on the 1st day of April 1990. 1: Reduction of existing allowances and annuities 2: Application of this Part This Part of this Act applies to every retiring allowance, annual allowance, and annuity that is, as at the 31st day of March 1990, payable under the principal Act, except— a: Any children's allowance payable under the principal Act; or b: Any allowance or annuity payable in respect of any contributor to the Fund under section 22B 22BA 50 50A c: Any allowance or annuity to which section 9 3: Existing retiring allowances, annual allowances, and annuities to be reduced Every instalment payable under section 89 4: Amount of reduction The amount of the reduction to be made in accordance with this Part of this Act to each instalment of a retiring allowance, annual allowance, or annuity that would, but for this Part of this Act, have been payable, shall be a percentage of that instalment where the percentage to apply in respect of that allowance or annuity is calculated at the commencement of this Act in accordance with the following formula: T 100 — X — P 1 where— P: is the amount of the first full instalment of the retiring allowance, annual allowance, or annuity that would, but for this Part of this Act, have been payable on and after the 1st day of April 1990: T: is the amount of the total tax deduction that would have been required to be made in respect of that instalment if,— a: Notwithstanding the enactment of the Income Tax Amendment Act 1989 b: The rates of tax were the rates of tax prescribed in Part B of Schedule 1 to the Income Tax Act 1976 tax year c: The recipient of the allowance or annuity was resident in New Zealand; and d: In the case of a person who is entitled, as at the 31st day of March 1990, to the use of the tax code T e: In the case of any other person, the tax code G Section 4 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year 5: Amount or retiring allowance, etc, to include amount of any cost of living bonus or other adjustment For the purpose of calculating the amount of any reduction to be made on any date in accordance with this Part of this Act, the amount of any retiring allowance, annual allowance, or annuity shall be taken to include any adjustments as at that date in accordance with the Government Superannuation Fund Amendment Act 1969 Government Superannuation Fund Amendment Act 1979 6: Suspended allowances, etc Where any retiring allowance, annual allowance, or annuity that is, before the 1st day of April 1990, payable under the principal Act ceases, or has ceased, to be payable because of any reason and subsequently again becomes payable, this Part of this Act shall apply to that retiring allowance, annual allowance, or annuity and a reduction shall be made pursuant to this Part of this Act as if— a: The allowance or annuity had been payable at the 31st day of March 1990; and b: A full instalment had been payable on the first payment date for allowances and annuities after the 31st day of March 1990. 7: Date on which allowance or annuity becomes payable under section 71N For the purposes of determining whether any retiring allowance, annual allowance, or annuity is payable as at the 31st day of March 1990, no account shall be taken of section 71N(6) Part 3A 8: Amount of annuity payable to spouse or partner 1: This section applies to any annuity that becomes payable to the surviving spouse or partner a: b: Who was, at the 31st day of March 1990, in receipt of a retiring or annual allowance payable under the principal act. 2: The amount of the annuity to which the surviving spouse or partner or partner a: Had the contributor died on the 31st day of March 1990; and b: Had that annuity been reduced in accordance with section 4 3: No person is entitled, because of the amendments made to this Act by section 6(1) (2) Government Superannuation Fund Amendment Act (No 3) 2005 The heading to section 8 amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse The heading to section 8 amended 1 July 2006 6(1) Government Superannuation Fund Amendment Act (No 3) 2005 by omitting the words where contributor dies before 1 April 1996 Section 8 amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Subsection (1)(a) repealed 1 July 2006 6(2) Government Superannuation Fund Amendment Act (No 3) 2005 Subsection (3) inserted 1 July 2006 6(3) Government Superannuation Fund Amendment Act (No 3) 2005 9: Part not to apply to pensioners and annuitants who are resident overseas as at 31 March 1990 This Part of this Act does not apply to any retiring allowance, annual allowance, or annuity that is, as at the 31st day of March 1990, being paid by the Board to an address outside New Zealand in respect of a person whom the Board is satisfied is not resident in New Zealand within the meaning of the Income Tax Act 1976 10: Reduction of pensions on return to New Zealand 1: Notwithstanding anything in section 9 a: To whom section 9 or partner b: Who becomes resident in New Zealand within the meaning of the Income Tax Act 2007 shall be reduced, as from the date on which the person becomes so resident, in accordance with this Part of this Act. 2: Any reduction required to be made under this section shall be calculated— a: As if, for the purposes of section 4 P b: As if, for the purposes of calculating the item T G tax year 3: Every person to whom subsection (1) Income Tax Act 2007 4: The Board may deduct, from any payments due under the principal Act to any person who fails to comply with subsection (3) Subsection (1) amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Section 10(1)(b) amended 1 April 2008 Income Tax Act 2007 Subsections (1)(b) (3) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Section 10 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year Section 10(3) amended 1 April 2008 Income Tax Act 2007 2: Amendments to principal Act in respect of allowances, annuities, and payments commencing on and after 1 April 1990 11: Retiring allowance under Part 2 1: This subsection substituted s 35(1) s 35(1A) to (1E) 2: This subsection amended s 35(6) 12: Computation of retiring allowances under Part 2 This section amended s 38(1) 13: Computation of retiring allowance under Part 2A 1: This subsection substituted s 61L(1) s 61L(1A) 2: This subsection amended s 61L(3) 3: This subsection amended s 61L(6) 4: This subsection amended s 61R(9)(c) 5: This subsection amended s 61S(7)(c) 14: Entitlement to retiring allowance under Part 3A This section substituted s 71G(1) s 71G(1A) 15: Retiring allowance under Part 3A This section substituted s 71H(1) 16: Election under Part 3A This section amended s 71M(1) 17: Right under Part 3A 1: This subsection amended s 71N(1) 2: This subsection amended s 71N(6) s 71N(7) (8) 18: Computation of retiring allowance under Part 5A This section substituted s 81I 19: Minimum retiring allowance for Judge who resigns on grounds of incapacity This section repealed s 81J 20: Certain Judges or surviving spouses to be entitled to minimum payments This section repealed s 81V 21: Taxation exemption in respect of contributions under Part 6 This section repealed s 83A 22: Section 22 repealed 8 May 1992 3(2) Government Superannuation Fund Amendment Act 1992 23: Election under Part 6 This section amended s 84A(1) 24: Special right of member who has not attained 45 years to elect to surrender proportion of retiring allowance and receive cash payment This section amended s 84AA(2)(b) 25: Section 25 repealed 8 May 1992 5(2) Government Superannuation Fund Amendment Act 1992 26: Election under Part 6 This section amended s 86F(2) 27: Computation of retiring allowance under Part 6A This section substituted s 88F(1) (2) s 88F(2A) (2B) 28: Calculation of retiring allowance under Part 6B This section substituted s 88T(1) (2) s 88T(2A) (2B) 29: Election to surrender proportion of retiring allowance and receive cash payment 1: This subsection amended s 91(1) 2: This subsection amended s 91(1) 30: Election to surrender proportion of annuity and receive cash payment 1: This subsection amended s 91A(2)(a) 2: This subsection amended s 91(1) 31: Savings in respect of certain overseas staff For the purpose of calculating any retiring allowance, annual allowance, annuity, or other payment payable in respect of any contributor to the Fund under section 22B 22BA 50 50A or section 50B Section 31 amended 1 August 1990 15(1) Government Superannuation Fund Amendment Act (No 2) 1990 by inserting the words or section 50B 32: Savings in respect of pensions that become payable before 1 October 1990 to overseas residents 1: This section applies to every retiring allowance, annual allowance, annuity, or other payment that commences, on or after the 1st day of April 1990 and before the 1st day of October 1990, to be payable under the principal Act to an address outside New Zealand in respect of a person— a: Who was a contributor, or who is the surviving spouse or partner b: Who is not resident in New Zealand within the meaning of the Income Tax Act 2007 2: Every retiring allowance, annual allowance, annuity, or other payment to which this section applies— a: Shall be calculated in accordance with the provisions of the principal act as if those provisions had not been amended by this Part and as if Part 3 b: Shall be payable at that rate as from the first payment date after the date on which the Board is notified that the payment is to be made to an address outside New Zealand. Subsection (1) amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Section 32(1)(b) amended 1 April 2008 Income Tax Act 2007 Subsection (1)(b) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Subsection (1)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 33: Reduction of pensions on return to New Zealand 1: Notwithstanding anything in section 32 a: To whom section 32 or partner b: Who becomes resident in New Zealand within the meaning of the Income Tax Act 2007 shall be reduced, as from the date on which the person becomes so resident, in accordance with the provisions of Part 1 2: Any reduction required to be made under this section shall be calculated— a: As if, for the purposes of section 4 P b: As if, for the purposes of calculating the item T G tax year 3: Every person to whom subsection (1) Income Tax Act 2007 4: The Board may deduct, from any payments due under the principal Act to any person who fails to comply with subsection (3) Subsection (1) amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Section 33(1)(b) amended 1 April 2008 Income Tax Act 2007 Subsection (1)(b) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year Section 33(3) amended 1 April 2008 Income Tax Act 2007 Subsection (3) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Section 33 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 3: Further variation of allowances and annuities commencing between 1 April 1990 and 31 March 1996 34: Application of this Part This Part of this Act applies to every retiring allowance, annual allowance, and annuity that commences, on or after the 1st day of April 1990 and before the 1st day of April 1996, to be payable under the principal Act, except— a: Any annuity that commences to be payable upon the death of a person who is in receipt of a retiring allowance or annual allowance payable under the principal Act; or b: Any children's allowance payable under the principal Act; or c: Any allowance payable to an assignee under section 91B of the principal Act in circumstances where an instalment of the contributor's basic allowance in respect of which a portion is surrendered became payable before the date from which the portion is surrendered; or d: Any allowance or annuity payable in respect of any contributor to the Fund under section 22B 22BA 50 50A 50B Paragraph (d) amended 1 August 1990 15(2) Government Superannuation Fund Amendment Act (No 2) 1990 by inserting the words or section 50B 35: Retiring allowances, annual allowances, and annuities to be varied Every instalment payable under section 89 36: Amount of varied retiring allowance, etc 1: The amount of each instalment of any retiring allowance, annual allowance, or annuity that is varied in accordance with this Part of this Act shall be the amount of the instalment of that allowance or annuity that would, but for this Part of this Act, have been payable, multiplied by the appropriate factor determined in accordance with subsection (3) 2: In subsection (3) AP F subsection (1) FO GP n NP T a: Notwithstanding the enactment of the Income Tax Amendment Act 1989 b: The rates of tax were the rates of tax prescribed in Part B of Schedule 1 to the Income Tax Act 1976 tax year c: The recipient of the allowance or annuity was resident in New Zealand; and d: Tax code G 3: For the purpose of determining the appropriate factor in subsection (1) a: In a case where AP is less than or equal to $9,081,— F = FO - 0.02n, with a minimum of 1: b: In a case where AP is greater than $9,081,— F = FO + 0.02n, with a maximum of 1. Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year 37: Amount of retiring allowance, etc, to include amount of any cost of living bonus or other adjustment For the purpose of calculating the amount of any variation of a retiring allowance, annual allowance, or annuity to be made on any date in accordance with this Part of this Act, the amount of any retiring allowance, annual allowance, or annuity shall be taken to include any adjustments as at that date in accordance with the Government Superannuation Fund Amendment Act 1969 Government Superannuation Fund Amendment Act 1979 38: Amount of retiring allowance, etc, to mean amount as reduced under Part 2 For the avoidance of doubt, it is hereby declared that any reference in section 36 Part 2

DLM210989

1990

Serious Fraud Office Act 1990

1: Short Title This Act may be cited as the Serious Fraud Office Act 1990. 2: Interpretation In this Act, unless the context otherwise requires,— corporation designated member Director 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 employee a: means the Director and any other person employed by the Serious Fraud Office, whether paid by salary, wages, or otherwise: b: includes, for the period of his or her secondment, any person seconded to the Serious Fraud Office from any other department or other employer: c: does not include a person appointed under section 34 information inland revenue offence a: any offence against any Act specified in Schedule 1 b: any offence against any Act in relation to any tax imposed or payable, or any refund made or claimed, under any of the Acts specified in Schedule 1 Judge member a: means any employee of the Serious Fraud Office; and b: includes, for the purposes of any particular investigation, any person who is deemed to be a member in accordance with section 34(2) person place prescribed protected information a: under section 36 b: under the Tax Administration Act 1994 c: under any other Act,— but does not include— d: information that has been lawfully released under any other Act in circumstances where the person to whom it has been released is under no obligation to maintain secrecy in respect of the information; or e: information that has ceased to be protected information in accordance with section 43 serious or complex fraud Section 2 inland revenue offence amended 23 March 2020 section 277 Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Section 2 inland revenue offence amended 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 Section 2 inland revenue offence amended 23 March 2020 section 277 Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Section 2 inland revenue offence amended 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 Section 2 protected information amended 1 April 1995 Income Tax Act 1994 3: Act to bind the Crown This Act shall bind the Crown. 1: Detection of serious or complex fraud 4: Exercise of powers under this Part Where the Director has reason to suspect that an investigation into the affairs of any person may disclose serious or complex fraud, the Director may exercise any power conferred by this Part. 5: Power to require production of documents 1: The Director may, by notice in writing, require any person, at the time and place specified in the notice,— a: to produce for inspection any documents which are specified in the notice and which the Director has reason to believe may be relevant to any suspected case of serious or complex fraud: b: to answer, to the best of that person's knowledge and belief, questions with respect to the whereabouts or existence of any further documents that may be relevant to the investigation. 2: Where any document is produced pursuant to this section, the Director may do any one or both of the following things: a: take copies of the document, or of extracts from the document: b: where necessary, require the person producing the document to reproduce, or to assist any person nominated by the Director to reproduce, in usable form, any information recorded or stored in the document. 3: Nothing in this section requires any person to supply any other information or to answer any other questions. 4: Section 18 6: Power to obtain search warrant 1: The Director may, on application in writing made on oath, apply for a warrant to search any place specified in the application. 2: Any Judge who, on such an application, is satisfied— a: that there are reasonable grounds for believing— i: that a person has failed to produce all of the documents specified in a notice given pursuant to section 5(1) ii: that a person has failed to answer any question asked pursuant to section 5(1) iii: that it is not practicable to serve a notice under section 5 b: that there are reasonable grounds for believing that there may be, at the place specified in the application, any documents or other thing that may be relevant to an investigation or may be evidence of any offence involving serious or complex fraud,— may issue a warrant in the prescribed form. 3: Part 3 2: Investigation of suspected offences involving serious or complex fraud 7: Exercise of powers under this Part Where the Director has reasonable grounds to believe that an offence involving serious or complex fraud may have been committed, the Director may exercise any power conferred by this Part. 8: Factors to which Director may have regard For the purpose of determining whether any suspected offence involves serious or complex fraud, the Director may, among other things, have regard to— a: the suspected nature and consequences of the fraud: b: the suspected scale of the fraud: c: the legal, factual, and evidential complexity of the matter: d: any relevant public interest considerations. 9: Power to require attendance before Director, production of documents, etc 1: The Director may, by notice in writing, require— a: any person whose affairs are being investigated; or b: any other person who the Director has reason to believe may have information or documents relevant to an investigation,— at the time and place specified in the notice, to do any 1 or more of the following things: c: to attend before the Director: d: to answer questions with respect to any matter that the Director has reason to believe may be relevant to the investigation: e: to supply any information specified in the notice with respect to any matter that the Director has reason to believe may be relevant to the investigation: f: to produce for inspection any documents which are specified in the notice and which the Director has reason to believe may be relevant to the investigation. 2: Where any document is produced pursuant to this section, the Director may do any 1 or more of the following things: a: retain the original document produced, provided that a copy of the document is taken and returned as soon as practicable thereafter: b: take copies of the document, or of extracts from the document: c: require the person producing the document to provide an explanation of the history, subject matter, and contents of the document and to answer any other questions which arise from that explanation and which the Director has reason to believe may be relevant to the investigation: d: where necessary, require the person producing the document to reproduce, or to assist any person nominated by the Director to reproduce, in usable form, any information recorded or stored in the document. 3: Where any person is required to produce any document pursuant to this section and fails to do so, the Director may require that person to state, to the best of his or her knowledge and belief, where the document is. 4: Where any person is required to supply any information under this section, and does so by producing a document containing that information, the powers conferred by subsection (2) shall apply in all respects to that document. 5: Any person who is required to attend before the Director under this section, shall, before being required to comply with any requirements imposed under this section, be given a reasonable opportunity to arrange for a barrister or solicitor to accompany him or her. 6: Section 18 10: Power to obtain search warrant 1: The Director may, on application in writing made on oath, apply for a warrant to search any place specified in the application. 2: Any Judge who, on such an application, is satisfied— a: that there are reasonable grounds for believing— i: that any information supplied pursuant to section 9 ii: that a person has failed to comply with any obligation imposed pursuant to section 9 iii: that it is not practicable to serve a notice under section 9 iv: that the service of a notice under section 9 b: that there are reasonable grounds for believing that there may be, at the place specified in the application, any documents or other thing that may be relevant to an investigation or may be evidence of any offence involving serious or complex fraud,— may issue a warrant in the prescribed form. 3: Part 3 11: Power to assume from Police the responsibility for investigating certain cases of fraud 1: The Director may, by notice in writing to the Commissioner of Police,— a: assume the responsibility for investigating any case that the Director believes on reasonable grounds to involve serious or complex fraud: b: require the Commissioner of Police to provide, as soon as reasonably practicable, any information, including Police records, that is held by the Commissioner of Police and that is relevant to the investigation of any case in respect of which the Director has assumed responsibility under this section. 2: If the Commissioner of Police declines to provide any information that is relevant to the investigation of any such case,— a: the Commissioner shall forthwith inform the Director of the general nature of the information withheld and the reasons for withholding it; and b: the Director may refer the matter to the Solicitor-General for determination; and c: the determination of the Solicitor-General shall be binding on the Director and the Commissioner of Police. 3: General provisions relating to warrants and exercise of powers under Parts 1 and 2 General provisions relating to warrants 12: Effect of warrant 1: Every warrant issued under this Act shall authorise the person executing the warrant— a: to enter and search the place specified in the warrant on 1 occasion within 14 days of the date of issue of the warrant at any time which is reasonable in the circumstances: b: to use such assistance as is reasonable in the circumstances: c: to use such force both for gaining entry and for breaking open anything in or on the place searched as is reasonable in the circumstances: d: to search for and remove any documents or other thing that the person executing the warrant believes on reasonable grounds may be relevant to the investigation or may be evidence of any offence involving serious or complex fraud: e: where necessary, to take copies of any documents, or extracts from documents, that the person executing the warrant believes on reasonable grounds may be relevant to the investigation: f: where necessary, to require any person to reproduce, or to assist any person executing the warrant to reproduce, in usable form, any information recorded or stored in any such documents. 2: Every person called upon to assist the person or persons executing the warrant shall have the powers contained in paragraphs (c) and (d) of subsection (1) 3: Any warrant shall be subject to such reasonable conditions as the issuer may specify in the warrant. 13: Return of documents Any person who, in executing any warrant issued under this Act, removes any document from the place specified in the warrant, shall return the document or a copy of that document as soon as practicable to the person who previously had the document in his or her possession or under his or her control. 14: Disclosure of previous applications Any person applying for a warrant under this Act shall, having made reasonable enquiries, disclose on the application— a: details of any other applications for a warrant which that person knows to have been made within the previous 28 days by a member of the Serious Fraud Office in respect of the place specified; and b: the result of that application or those applications. 15: Persons by whom warrant may be executed Every search warrant issued under this Act shall be directed to all or any of the following: a: any constable by name or generally every constable; or b: any designated member by name or generally every designated member of the Serious Fraud Office,— and may be executed by all or any of the persons to whom it is directed. 16: Production of warrant Every person authorised to enter upon and search any place pursuant to a warrant issued under this Act shall,— a: on first entering that place, and, if requested, at any subsequent time during the search, produce— i: evidence of that person's authority to enter the place; and ii: evidence of that person's identity; and b: if requested at any time, provide a copy of the warrant within 7 days of the request being made. 1989 No 11 s 22(3) 17: Notice that warrant has been executed, etc 1: Any person executing any warrant issued under this Act shall, before departing from the place searched, leave in a prominent position at that place a written notice stating,— a: in the case of a search carried out at a time when the owner or occupier is not present,— i: the date and time of the execution of the warrant; and ii: the name of the person in charge of the search; and b: in the case of a search where any document or other thing is removed from the place being searched, an inventory of documents or other things removed from the place during the search. 2: If it is not practicable to prepare such an inventory before departing, or if the owner or occupier of the place being searched consents, the person executing the warrant— a: may, instead of leaving an inventory, leave a notice stating that an inventory will be given within 7 days of the search; and b: shall, within 7 days of the search, give the inventory to the owner or occupier of the place searched. 3: Every inventory required under this section shall state— a: which documents or other things were removed in the course of executing the warrant; and b: from where those documents or things were removed; and c: where those documents or things are now held. 4: Notwithstanding subsection (3), any such inventory— a: need not refer to any document or thing that is returned to the owner or occupier of the place searched before the inventory is given: b: may refer to groups of documents or things removed, rather than to each document and thing. General provisions relating to exercise of powers under Parts 1 and 2 18: Form and content of notices 1: Every notice under section 5 section 9 2: Any information or document shall be sufficiently specified in any such notice if the information or document is described— a: in a general rather than a specific way; or b: by reference only to its class, nature, content, or effect. 3: The time at which any thing is required to be done shall be sufficiently specified in any such notice if the time is described as— a: forthwith; or b: any other stated time. 4: Every such notice that requires attendance before the Director shall inform the person to whom it is addressed that that person may, if that person so wishes, be accompanied by a barrister or a solicitor. 5: Every notice under section 5 section 9 a: of the relevant circumstances in which the Director may apply for a search warrant pursuant to section 6 section 10 b: of any relevant offences that are set out in section 45 section 46 19: Possession of documents Any documents that are in a person's possession or under a person's control shall be, for the purposes of this Act, documents which that person may be required to produce or in respect of which the powers conferred by this Act may be exercised. Challenge to exercise of Director's powers 20: Review of Director's decisions Any decision by the Director— a: to investigate any case which the Director suspects may involve serious or complex fraud; or b: to take proceedings relating to any such case; or c: to take proceedings relating to any offence which the Director suspects may have been committed against this Act,— shall not be challenged, reviewed, quashed, or called in question in any court. 21: Effect of proceedings 1: Where any person commences any proceedings in any court in respect of— a: the exercise of any power conferred by this Act; or b: the discharge of any duty imposed by this Act,— until a final decision in relation to those proceedings is given, the power or duty may be, or may continue to be, exercised or discharged as if no such proceedings had been commenced, and no person shall be excused from fulfilling any obligation under this Act by reason of those proceedings. 2: This section shall apply notwithstanding any other provision of any Act or rule of law or equity. 3: The expression final decision section 15 1989 No 11 s 26 Section 21(3) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 22: Effect of final decision that exercise of powers unlawful 1: In any case where it is declared, in a final decision given in any proceedings in respect of the exercise of any powers conferred by this Act, that the exercise of any powers conferred by this Act is unlawful, to the extent to which the exercise of those powers is declared unlawful the Director shall ensure that forthwith after the decision of the court is given— a: any information obtained pursuant to the exercise of powers declared to be unlawful, and any record of such information, is destroyed: b: any documents, or extracts from documents, or other things removed pursuant to the exercise of powers declared to be unlawful are returned to the person previously having possession of them, or previously having them under his or her control, and any copies of such documents or extracts are destroyed: c: any information derived from or based upon such information, documents, extracts, or things is destroyed. 2: Notwithstanding subsection (1), the court may, in the court's discretion, order that any information, record, or copy of any document or extract may, instead of being destroyed,— a: be returned to the person from whom it was obtained; or b: be retained by the Serious Fraud Office subject to such terms and conditions as the court may impose. 3: No information obtained, and no documents or extracts from documents or other things removed, pursuant to the exercise of any powers declared to be unlawful, and no record of any such information or documents, shall be— a: admissible as evidence in any proceedings unless the court hearing the proceedings in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence: b: used in connection with the exercise of any power conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence. 1989 No 11 ss 27 28 Effect of powers on duty of confidentiality 23: Act to apply to persons with duty of confidentiality to clients 1: The Director may require any person who claims to have a duty of confidentiality to his or her client or customer (including, without limiting the generality of the foregoing, any person carrying on the business of banking)— a: to comply with any requirement imposed under Part 1 Part 2 b: in particular, but without limiting the generality of the foregoing, to answer questions, supply information, and produce documents relating to any person whose affairs are being investigated under this Act,— and sections 5 6 9 10 2: This section shall apply subject to section 24 24: Legal professional privilege 1: Except as provided in subsection (2), nothing in this Act shall require any legal practitioner to disclose any privileged communication. 2: The Director may, by notice in writing to any legal practitioner who the Director has reason to believe may have acted for any person who may be connected with any investigation, require that legal practitioner to supply to the Director the last known name and address of that client. 3: For the purposes of this section, a communication is a privileged communication only if— a: it is a confidential communication, whether oral or written, passing between— i: a legal practitioner in his or her professional capacity and another legal practitioner in such capacity; or ii: a legal practitioner in his or her professional capacity and his or her client,— whether made directly or indirectly through an agent of either; and b: it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and c: it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act. 4: Where the information or document consists wholly of payments, income, expenditure, or financial transactions of a specified person (whether a legal practitioner, his or her client, or any other person), it shall not be a privileged communication if it is contained in, or comprises the whole or part of, any book, account, statement or other record prepared or kept by the legal practitioner in connection with a trust account of the legal practitioner within the meaning of section 6 5: Where any person refuses to disclose any information or document on the ground that it is a privileged communication under this section, the Director or that person may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and, for the purposes of determining any such application, the District Court Judge may require the information or document to be produced to him or her. 6: For the purposes of this section, the term legal practitioner Lawyers and Conveyancers Act 2006 1966 No 19 s 218A 1985 No 145 s 15 Section 24(4) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 24(6) substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Miscellaneous provisions 25: Certain provisions not to apply to Police, Inland Revenue, and Statistics Department officers Nothing in section 5 section 6 section 9 section 10 a: any person in his or her capacity as an officer of the Inland Revenue Department; or b: any person in his or her capacity as a constable c: any person in his or her capacity as a member of Statistics New Zealand to comply with any requirement imposed pursuant to any of those sections. Section 25(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 25(c) amended 15 December 1994 section 2(7) Statistics Amendment Act 1994 26: Admissibility of evidence Subject to section 28 section 5 section 6 section 9 section 10 27: Privilege against self-incrimination no excuse No person shall be excused from answering any question, supplying any information, producing any document, or providing any explanation pursuant to section 5 section 9 28: Admissibility of self-incriminating statements 1: A self-incriminating statement made orally by a person (whether or not the statement is recorded in writing) in the course of answering any question, or supplying any information, or producing any document, or providing any explanation, as required pursuant to section 5 section 9 2: Notwithstanding subsection (1), any statement made in relation to— a: a refusal or failure to answer any question, supply any information, produce any document, provide any explanation, or comply with any other requirement may be used in evidence against that person in any prosecution for any offence under section 45(d) b: the answering of any question in a way that is false or misleading in a material particular, or the supply of any information, or the production of any document, or the providing of any explanation that is false or misleading in a material particular, may be used in evidence against that person in any prosecution for any offence under section 45(e) 4: Miscellaneous provisions Provisions relating to Public Service Act 2020 Heading amended 7 August 2020 section 135 Public Service Act 2020 29: Responsible Minister For the purposes of the Public Service Act 2020 Section 29 amended 7 August 2020 section 135 Public Service Act 2020 30: Independence in matters relating to investigations 1: Notwithstanding section 29 2: Nothing in this section shall limit or affect any power exercisable by the Attorney-General in relation to any proceedings. 31: Chief executive of Serious Fraud Office The chief executive of the Serious Fraud Office shall be known as the Director. 32: Judicial notice of signature of Director Judicial notice shall be taken of the signature of the Director and of the fact that the person whose signature it purports to be holds office as the Director. 33: Delegation of functions or powers 1: The provisions of the Public Service Act 2020 provided that no delegation of— a: any power conferred by Part 1 Part 2 b: any power to authorise, under section 36(2) section 37(3)(b) section 39(2)(b) shall be valid unless it is to a designated member and is in writing. 2: For the purposes of the provisions of the Public Service Act 2020 Section 33(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 33(2) amended 7 August 2020 section 135 Public Service Act 2020 34: Exercise of powers by outside investigators 1: Any person (other than a constable a: to exercise, in the company of a designated member of the Serious Fraud Office, all or any of the powers conferred by section 5 section 9 b: to obtain, subject to section 15 c: to assist any constable or designated member of the Serious Fraud Office to execute any search warrant issued under this Act. 2: Any person so appointed shall be deemed to be a member of the Serious Fraud Office for the purposes of the investigation in respect of which he or she is appointed. Section 34(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 35: Indemnity 1: The Serious Fraud Office and every member of the Serious Fraud Office shall be indemnified by the Crown in respect of any liability relating to the exercise of, or purported exercise of, or the omission to exercise, any power conferred by this Act unless it is shown that the exercise or purported exercise of, or the omission to exercise, the power was in bad faith. 2: Any money required for the purposes of this section— a: shall be paid out of a Crown Bank Account b: shall be shown as a separate item in the annual financial statements of the Serious Fraud Office. 3: The indemnity conferred by subsection (1) extends to legal costs incurred in defending a proceeding. 4: No reference in this section to a liability relating to any omission to exercise any power shall limit the provisions of section 49 5: Nothing in this section shall limit or affect any provision of the Crown Proceedings Act 1950 Crimes Act 1961 1989 No 11 s 63 Section 35(2)(a) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Secrecy 36: Secrecy of certain information relating to Serious Fraud Office business 1: Every member of the Serious Fraud Office shall observe the strictest secrecy in relation to— a: information supplied to or obtained by the Director under or in connection with the exercise of any power conferred by section 5 section 9 b: information derived from or based upon any such information: c: information relating to the exercise or possible exercise of any power conferred by Part 2 and, except as provided in subsection (2), shall not disclose any such information in any way whatever to any person who is not a member of the Serious Fraud Office. 2: Notwithstanding subsection (1), the Director may disclose such information, or authorise any other member of the Serious Fraud Office to disclose such information,— a: if the person who disclosed the information to the Serious Fraud Office consents to that disclosure; or b: to the extent that the information is available to the public under any Act; or c: for the purposes of this Act or in connection with the exercise of powers under this Act; or d: for the purposes of any prosecution anywhere; or e: to any person who the Director is satisfied has a proper interest in receiving such information. 3: This section is subject to section 37 section 39 4: Every member of the Serious Fraud Office commits an offence, and is liable on SR 1985/259 r 33 1988 No 2 s 32 1989 No 11 s 23 Section 36(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 37: Secrecy of information protected under Inland Revenue Department Act 1974 1: Every member of the Serious Fraud Office shall observe the strictest secrecy in relation to revenue information. 2: For the purposes of this section, revenue information a: that is subject to an obligation of secrecy under the Tax Administration Act 1994 b: that has been disclosed by the Commissioner of Inland Revenue to a member of the Serious Fraud Office. 3: Notwithstanding subsection (1) or anything in the Tax Administration Act 1994 a: any member of the Serious Fraud Office may disclose any revenue information to any other member of the Serious Fraud Office for the purpose of investigating or prosecuting any inland revenue offence; and b: the Director may disclose any revenue information, or authorise any other member of the Serious Fraud Office to disclose any revenue information,— i: with the consent of the Commissioner of Inland Revenue, to any person; or ii: to any Judge for the purpose of obtaining a search warrant under this Act for the purpose of investigating or prosecuting any inland revenue offence; or iii: to any person commencing or conducting any proceedings relating to any suspected inland revenue offence; or iv: to any court hearing any proceedings relating to any suspected inland revenue offence. 4: Every member of the Serious Fraud Office commits an offence, and is liable on Section 37(2)(a) amended 1 April 1995 Income Tax Act 1994 Section 37(3) amended 1 April 1995 Income Tax Act 1994 Section 37(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 38: Disclosure to Serious Fraud Office of information protected under other Acts 1: Any information which is protected under any Act other than the Tax Administration Act 1994 Data and Statistics Act 2022 2: No person shall be liable to prosecution for an offence by reason of disclosing information pursuant to this section. 3: Every person who discloses any such information to a member of the Serious Fraud Office shall, at the time of making the disclosure, inform the member that the information is so protected. Section 38(1) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 38(1) amended 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 39: Secrecy of information protected under other Acts 1: Every member of the Serious Fraud Office shall observe the strictest secrecy in relation to any information which is protected under any Act other than the Tax Administration Act 1994 2: Notwithstanding subsection (1) or anything in the Act that protects the information,— a: any member of the Serious Fraud Office may disclose any such information to any other member of the Serious Fraud Office for the purpose of investigating or prosecuting any offence involving serious or complex fraud; and b: the Director may disclose any such information, or authorise any other member of the Serious Fraud Office to disclose any such information,— i: with the consent of the person who disclosed the information to the Serious Fraud Office, to any other person: ii: to any Judge for the purpose of obtaining a search warrant under this Act: iii: to any person commencing or conducting any proceedings relating to any suspected offence involving serious or complex fraud: iv: to any court hearing any proceedings relating to any suspected offence involving serious or complex fraud. 3: Every member of the Serious Fraud Office commits an offence, and is liable on Section 39(1) amended 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 Section 39(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 40: Obligation to inform that protected information is secret 1: Every person who discloses any protected information pursuant to this Act shall inform the recipient— a: that the recipient is, in accordance with section 41 b: that, if the recipient discloses the information pursuant to section 41 2: Every person commits an offence, and is liable on Section 40(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 41: Secrecy to be observed by other persons to whom protected information is disclosed under this Act 1: No person to whom any protected information is disclosed pursuant to this Act (whether by a member of the Serious Fraud Office or by any other person) shall disclose that information in any way whatever to any other person unless the disclosure is,— a: in the case of information protected under section 36 i: authorised by the Director; or ii: necessary or desirable for the purposes of commencing or conducting any proceedings relating to any suspected offence involving serious or complex fraud: b: in the case of any revenue information protected under the Tax Administration Act 1994 i: authorised by the Commissioner of Inland Revenue; or ii: necessary for the purposes of commencing or conducting any proceedings relating to any suspected inland revenue offence: c: in the case of any information protected under any Act other than the Tax Administration Act 1994 i: authorised by the person who disclosed the information to the Serious Fraud Office; or ii: necessary for the purposes of commencing or conducting any proceedings relating to any suspected offence involving serious or complex fraud. 2: Every person commits an offence, and is liable on 3: Every person commits an offence, and is liable on Section 41(1)(b) amended 1 April 1995 Income Tax Act 1994 Section 41(1)(c) amended 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 Section 41(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 42: Authorisations to disclose protected information Every authorisation given pursuant to section 36(2) section 37(3)(b) section 39(2)(b) a: shall be in writing; and b: may be given subject to such conditions as the Director thinks fit; and c: may authorise the disclosure of information to any person or class of persons, or, subject to paragraph (d), may authorise the general disclosure of information; and d: in the case of an authorisation given pursuant to section 37(3)(b) section 39(2)(b) e: shall expire at the time when the person to whom it is given ceases to be a member of the Serious Fraud Office. 43: Protected information may cease to be secret 1: For the purposes of this Act, protected information shall cease to be protected information if— a: it is lawfully released in any court proceedings; or b: it is lawfully released under section 36 section 37(3)(b)(i) section 39(2)(b)(i) 2: The Director shall not serve any such notice in respect of information that is released under section 37(3)(b)(i) section 39(2)(b)(i) 44: Persons ceasing to be members of Serious Fraud Office under continuing obligation of secrecy Every person who ceases to be a member of the Serious Fraud Office— a: shall continue to observe the strictest secrecy in relation to any protected information that was disclosed to him or her in his or her capacity as a member of the Serious Fraud Office; and b: may be charged and convicted of any offence against section 36(4) section 37(4) section 39(3) section 40(2) Miscellaneous offences and penalties 45: Offence to obstruct investigation, etc Every person commits an offence, and is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $15,000: b: in the case of a corporation, to a fine not exceeding $40,000,— who,— c: without lawful justification or excuse, resists, obstructs, or delays any member of the Serious Fraud Office in the exercise of any power conferred by section 9 d: without lawful justification or excuse, refuses or fails to— i: attend before the Director; or ii: answer any question; or iii: supply any information; or iv: produce any document; or v: provide any explanation; or vi: comply with any other requirement,— as required pursuant to the exercise of any power conferred by section 9 e: in the course of complying with any requirement imposed pursuant to section 5 section 9 1989 No 11 ss 20 70 Section 45 amended 1 July 2013 section 413 Criminal Procedure Act 2011 46: Offence to destroy, alter, or conceal records, etc 1: Every person commits an offence, and is liable on conviction a: destroys, alters, or conceals any book, document, or record; or b: sends any book, document, or record out of New Zealand. 2: If, in any prosecution for any such alleged offence, it is proved that the person charged with the offence has— a: destroyed, altered, or concealed any book, document, or record; or b: sent any book, document, or record out of New Zealand,— the onus of proving that in so doing that person had not acted in contravention of this section shall lie on that person. 1989 No 11 s 68 Section 46(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 47: Offence to resist search Every person commits an offence, and is liable on Section 47 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions 48: Serious Fraud Prosecutors Panel 1: There shall be a Serious Fraud Prosecutors Panel for the purpose of enabling proceedings relating to serious or complex fraud to be taken expeditiously. 2: That panel shall be appointed by the Solicitor-General after consultation with the Director, and shall consist of such barristers or solicitors of the High Court as the Solicitor-General considers appropriate. 3: No proceedings relating to serious or complex fraud shall be conducted on behalf of the Director except by a member of that panel. 49: No obligation to investigate, etc Nothing in this Act shall be regarded as imposing on the Director or any other person any duty or obligation— a: to investigate any particular case of fraud; or b: to take proceedings relating to any particular case of fraud; or c: to otherwise exercise any power conferred by this Act in respect of any particular case of fraud. 50: Exercise of powers not precluded by certain matters The Director may exercise any power conferred by this Act notwithstanding— a: that the Police or any other person may also be investigating the suspected offence: b: that any criminal or other proceedings have been commenced in respect of any matter related to the investigation: c: that the suspected offence occurred before the date on which the Serious Fraud Office was established or before the date on which this Act comes into force. 51: Agreements with overseas agencies 1: The Director may enter into any agreement or agreements with any person in any other country whose functions are or include the detection and investigation of cases of fraud or the prosecution of any proceedings which relate to fraud, if— a: the agreement relates to a particular case or cases of fraud; and b: in the case of an agreement providing for the supply of information by the Serious Fraud Office,— i: the Director is satisfied that compliance with the agreement will not substantially prejudice the performance of the Serious Fraud Office's functions in relation to any other investigations; and ii: the Director has recommended to the Attorney-General that the agreement be entered into and the Attorney-General has accepted the recommendation. 2: Any such agreement— a: may be made orally or in writing: b: may provide for the supply or the receipt of information by the Serious Fraud Office: c: shall contain a condition that no person who receives information pursuant to the agreement shall disclose the information except for any purpose specified in the agreement or with the consent of all of the parties to the agreement. 3: Nothing in this section shall limit the general powers of the Director to enter into agreements. 4: This section is subject to the provisions of sections 37 39 52: Giving of notices 1: Where a notice or other document is to be given to a person for the purposes of this Act, it may be given— a: by delivering it personally to the person; or b: by delivering it at the usual or last known place of residence or business of the person, including by facsimile; or c: by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person. 2: Where a notice or other document is to be given to a corporation for the purposes of this Act, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) shall be deemed to be service on the corporation. 3: Where a notice or other document is to be given to a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (2) shall be deemed to be service on the partnership. 4: Where a notice or other document is sent by post to a person in accordance with subsection (1)(c), it shall be deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted. 53: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for any of the following purposes: a: prescribing the form of notices required under this Act: b: 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 53(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Amendments to other Acts 54: Amendment to Summary Proceedings Act 1957 Amendment(s) incorporated in the Act(s) 55: Amendment to Inland Revenue Department Act 1974 Amendment(s) incorporated in the Act(s). 56: Amendments to Wanganui Computer Centre Act 1976 Section 56 repealed 1 July 1993 section 129(2) Privacy Act 1993

DLM214660

1990

Tariff Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Tariff Amendment Act 1990, and shall be read together with and deemed part of the Tariff Act 1988 2: Except as provided in section 3(6) 2: 3: Tariff amended 1: This subsection amended the First Schedule to the principal Act 2: This subsection amended the First Schedule to the principal Act 3: This subsection amended the First Schedule to the principal Act 4: This subsection amended the First Schedule to the principal Act 5: The Finance Act 1989 section 25(2)(a) 6: This section shall be deemed to have come into force on the 25th day of July 1990. 4: Validation of certain tariff concessions All approvals, and all modifications or withdrawals of approvals, given or made or purported to be given or made— a: During the period commencing with the 1st day of December 1988 and ending with the date of commencement of this section by the Minister of Commerce pursuant to section 8 b: By the Minister of Customs— i: During the period commencing with the 1st day of January 1988 and ending with the 30th day of November 1988 pursuant to section 120(4) of the Customs Act 1966 section 6(1) of the Customs Amendment Act (No 4) 1987 ii: At any time before the 1st day of January 1988 pursuant to section 120(5) of the Customs Act 1966 section 5(1) of the Customs Acts Amendment Act (No 2) 1977 in respect of goods referred to in Reference Number 25 of Part 2 of Schedule 2 to the Customs Act 1966 are hereby validated and declared to have been lawfully done notwithstanding that any such approval, modification, or withdrawal may not have been recommended by the Minister of Health.

DLM227853

1990

Forest and Rural Fires Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Forest and Rural Fires Amendment Act 1990, and shall be read together with and deemed part of the Forest and Rural Fires Act 1977 2: This Act shall come into force on the 1st day of January 1991. 2: Interpretation 1: This subsection amended the definition of the term brigade s 2(1) 2: This subsection repealed the definition of the term county area s 2(1) 3: This subsection substituted a new definition for the original definition of the term district s 2(1) 4: This subsection substituted a new definition for the original definition of the term Fire Authority s 2(1) 5: 6: This subsection substituted definitions of the terms Minister National Commander National Rural Fire Officer National Rural Fire Authority Minister s 2(1) 7: The said section 2(1) prescribed section 2(2) of the Forest and Rural Fires Amendment Act 1987 8: 9: This subsection substituted a new definition for the original definition of the term Rural Fire Mediator Mediator s 2(1) 10: This subsection substituted a new definition for the original definition of the term specially protected property s 2(1) 11: This subsection inserted the definition of the term territorial area s 2(1) 12: Section 2(2) of the Forest and Rural Fires Amendment Act 1987 Subsections (5) (8) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 3: Repeal of sections relating to delegation of powers 1: The Forest and Rural Fires Act 1977 sections 3A 3B section 3 of the Forest and Rural Fires Amendment Act 1987 2: Section 3 of the Forest and Rural Fires Amendment Act 1987 4: New sections substituted This section substituted sections 4 to 6 5: Fire Authority in rural fire districts This section substituted s 7 6: Rural fire committees This section substituted s 8 7: Fire Authority's powers in areas of urban vegetation This section amended s 9(b) 8: Fire Authority in territorial areas This section substituted s 10 9: Duties of Fire Authorities 1: This subsection amended s 12(3) 2: This subsection amended s 12(4)(g) 3: This subsection amended s 12(4)(h) 10: Joint, etc, exercise of statutory control powers 1: This subsection amended s 14(3) 2: This subsection amended s 14(5) 11: Supply of apparatus and fire fighting services This section amended s 15(3) 12: Forest areas 1: This subsection amended s 17(2) 2: This subsection amended s 17(11) 13: Obligations of Rural Fire Authorities and National Rural Fire Authority in respect of fire control measures 1: This subsection substituted s 18 2: This subsection amended Schedule 3 State-Owned Enterprises Act 1986 14: Fire control measures This section amended s 19(1)(a) 15: Prohibition of fires during extreme fire hazard This section amended s 20(1) 16: Prohibition of certain operations during period of fire hazard This section amended s 21(1)(c) 17: Restricted or prohibited fire seasons This section substituted s 22(1) 18: Appeal from notice to make firebreak or escape route or remove combustible material This section amended s 28(1) 19: Regulations may require maintenance of fire fighting equipment by rural fire committees a: This subsection amended s 30(1) b: This subsection amended s 30(2) 20: Maintenance of apparatus by persons cutting timber This section amended s 33(2) 21: Requisition by Fire Officer of assistance to extinguish fires a: This paragraph amended s 38(2) b: This paragraph amended s 38(6) c: This paragraph amended s 38(7) 22: Regional fire emergency 1: This subsection substituted s 39 2: This subsection amended Schedule 3 State-Owned Enterprises Act 1986 s 39 Forest and Rural Fires Act 1977 23: Levy for costs of fire fighting in districts other than State areas 1: This subsection amended s 46(1) 2: This subsection repealed s 18(c) Fire Service Amendment Act 1986 24: Appeals against levies and determinations This section amended s 49(1) 25: Payment of fire control costs following regional fire emergency 1: This subsection substituted s 51 2: This subsection amended Schedule 3 State-Owned Enterprises Act 1986 s 51 Forest and Rural Fires Act 1977 26: Appeal against apportionment of fire fighting costs in regional fire emergency This section substituted s 52 27: Fire Authority may borrow money This section amended s 54(1) 28: New sections substituted This section substituted sections 56 57 29: Inquiries as to fires This section substituted s 59(1) 30: Repeal of provisions relating to annual levy on fire authorities 1: This section repealed ss 60A to 60F 2: Section 7(1) Forest and Rural Fires Amendment Act 1989 31: Notices 1: This subsection amended s 63(1) (2) 2: This subsection amended Schedule 3 State-Owned Enterprises Act 1986 32: New sections substituted 1: This section substituted s 64 s 64A 33: Annual report This section substituted s 66 34: Regulations This section amended s 67(1) 35: Reserve powers of Ministry of Forestry This section repealed s 68 36: Repeals Sections 2(1)(a) and 7 of the Forest and Rural Fires Amendment Act 1987 37: Transitional provisions in relation to documents, etc 1: Without limiting any other provision of this Act or of the Acts Interpretation Act 1924 a: The repeal or amendment or substitution of any provision of any Act by any provision of this Act shall not affect any document made or anything whatsoever done under the provision so repealed or amended or substituted and every such document or thing, so far as it is subsisting or in force at the time of the repeal or amendment or substitution and could have been made or done under the Forest and Rural Fires Act 1977 Forest and Rural Fires Act 1977 b: Any Order in Council which has been made under section 4 7 8 22 Forest and Rural Fires Act 1977 Gazette Forest and Rural Fires Act 1977 2: Where any Order in Council continues to have effect by virtue of subsection (1)(b) Gazette Forest and Rural Fires Act 1977 38: Validation Any action taken under the Forest and Rural Fires Act 1977 Fire Service Amendment Act 1990

DLM209477

1990

New Zealand Walkways Act 1990

1: Short Title This Act may be cited as the New Zealand Walkways Act 1990. 2: Interpretation In this Act, unless the context otherwise requires,— Administering authority Board section 6L Conservation Act 1987 Conservation Authority section 6A Conservation Act 1987 Controlling authority section 11 Director-General Firearm Horse Land district Land Act 1948 local authority Local Government Act 2002 Local authority: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Minister Motor vehicle the Land Transport Act 1998 Motor vehicle: this definition was amended 1 March 1999 215(1) Land Transport Act 1998 by substituting the words the Land Transport Act 1998 the Transport Act 1962 Private land a: Any land (other than unformed legal road) that is for the time being held in fee simple by any person other than the Crown: b: Any Maori land within the meaning of the Te Ture Whenua Maori Act 1993 c: Any land (other than unformed legal road) held by a person under a lease or licence granted to that person by the Crown: The reference to the Maori Affairs Act 1953 was repealed 1 July 1993 362(2) Te Ture Whenua Maori Act 1993 Public land Ranger section 13 Statutory body Walkway section 6 section 8 1975 No 31 s 2 1977 No 166 s 2 1987 No 65 65(1) 3: General purpose of Act 1: It is hereby declared that the provisions of this Act shall have the aim of establishing walking tracks over public and private land so that the people of New Zealand shall have safe, unimpeded foot access to the countryside for the benefit of physical recreation as well as for the enjoyment of the outdoor environment and the natural and pastoral beauty and historical and cultural qualities of the areas they pass through. 2: It is hereby further declared that, having regard to the general aim specified in subsection (1) 1975 No 31 s 3 4: General policy 1: The Minister may adopt statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge. 2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act. 3: For the purposes of this section, sections 17B(3) 17B(4) 17N Conservation Act 1987 5: Powers of Director-General 1: The Director-General shall have all such powers as may be reasonably necessary or expedient to enable the Director-General to carry out his or her functions under this Act. 2: Without limiting the generality of subsection (1) a: Provide for the establishment of camping grounds, huts, hostels, accommodation houses, and other facilities and amenities on walkways: b: Make such arrangements as the Director-General considers necessary to make a walkway accessible to the public under proper conditions: c: Approve charges for the use of facilities and amenities on walkways: d: Promote, supervise, and control activities by committees appointed by the Director-General or by organisations approved by the Director-General for the establishment or enjoyment of walkways by the public. 1975 No 31 s 11 Establishment of walkways 6: Walkways over public land 1: If a Conservation Board, after consultation with the administering authority of any public land within the Board's area of jurisdiction, considers that all or part of any public land should be made available for use by the public as a walkway for recreational purposes, it may recommend to the Minister that all or part of that public land be declared a walkway. 2: On receiving a recommendation under subsection (1) Gazette 3: In every case where the land to which the recommendation relates includes unformed legal road the prior consent of the local authority shall be obtained, and the following provisions shall apply in relation to such consent: a: The local authority shall consult with every owner of land having a legal frontage or access to the unformed legal road before giving its consent: b: Every owner of such land shall retain the right to use the unformed legal road. 4: Where any consent under subsection (3) 5: A copy of every notice under this section declaring land to be a walkway shall, if it relates to land subject to the Land Transfer Act 1952 6: In this section, unless the context otherwise requires, owner 1975 No 31 s 20 1977 No 166 s 3 7: Conflict with other Acts Where conflict appears between any provision in this Act and any provision in any other Act relating to the administration or control of public land, the provision in the other Act shall prevail. 1975 No 31 s 21 8: Walkways over private land 1: If a Conservation Board, after consultation with the owner and occupier of any private land within the Board's area of jurisdiction, considers that any part of the land should be made available for use by the public as a walkway for recreational purposes, it may request the Director-General to treat and agree in the name and on behalf of the Crown for the purchase or gift of an easement over the land or for the leasing of that land to enable the land to be used for a walkway. 2: Where it is proposed to carry out consultations and negotiations under subsection (1) section 307 of the Maori Affairs Act 1953 3: For the purposes of subsection (1) 4: A copy of every easement or lease acquired by the Crown under this section shall be lodged with the appropriate District Land Registrar who shall without fee register the easement or lease on every certificate of title, provisional register, or other registered instrument of title affected by the easement or lease. 5: The purchase price or other consideration for any lease or easement acquired under this section shall be paid out of money appropriated by Parliament for the purpose. 6: Where any lease of or easement over any land is obtained and registered under this section the Minister shall, as soon as the land is suitable for use as a walkway, by notice in the Gazette 7: Where any lease of or easement over any land is obtained under this section subject to any conditions as to use, the Minister shall specify in the notice the conditions under which it may be used. 8: Where, pursuant to this section, land is leased to the Crown or an easement is obtained over land,— a: The land may be defined on a plan in accordance with regulations made under the Survey Act 1986 b: The lease or easement shall be accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the land is adequately described and properly defined— i: For the nature of the walkway; and ii: In relation to existing surveys made in accordance with regulations for the time being in force under the Survey Act 1986 iii: In accordance with standards agreed from time to time by the Director-General and either the Surveyor-General or the Chief Surveyor, as the case may be. 1975 No 31 s 22 1976 No 110 s 2 1987 No 65 65(1) Subsection (8) substituted 25 November 1994 2 New Zealand Walkways Amendment Act 1994 9: Rights of public in respect of walkways Subject to the provisions of this Act and of any regulations made under this Act, and subject to any conditions specified under section 8(7) 1975 No 31 s 23 10: Limitation of liability of occupiers No occupier of any land that is a walkway shall be in any way liable under the Occupiers' Liability Act 1962 section 3 1975 No 31 s 24 Administration of walkways 11: Appointment of controlling authorities 1: Subject to subsection (2) 2: A local authority may be appointed to be the controlling authority of a walkway or part of a walkway notwithstanding that the walkway or part of the walkway is situated outside its district. 3: If any walkway or part of a walkway has been declared over public land under section 6 subsection (1) subsection (4) 4: If no controlling authority has been appointed under subsection (1) (3) 1975 No 31 s 26 12: Functions and powers of controlling authorities 1: Every controlling authority of a walkway shall be responsible to the Minister, in accordance with this Act,— a: For identifying the line of the walkway for members of the public by the placement of poles, markers, or other suitable indicators; and b: For the erection and maintenance of such stiles and fences as may be necessary to enable members of the public to use the walkway, and to provide for the proper control of its use by such persons; and c: For the erection and maintenance at all points of entrance to the walkway, and at such other places on the walkway as it thinks fit, of notices warning members of the public who use the walkway not to trespass on any land beyond the walkway; and d: For the general promotion of and maintenance and control of the walkway for the pleasure, safety, and welfare of the public. 2: Every controlling authority shall have all such powers as may be reasonably necessary or expedient to enable it to carry out its functions. 3: Without limiting the generality of the powers of a controlling authority under subsection (2) a: Develop, improve, and maintain the walkways under its control: b: Establish on or adjacent to such walkways such camping grounds, huts, hostels, accommodation houses, and other facilities and amenities, as are approved by the Minister: c: Make such charges as the Minister approves for the use of facilities and amenities on such walkways. 1975 No 31 s 27 13: Rangers 1: Every person who is a member of the Police or a ranger appointed under section 38(1) Wildlife Act 1953 section 8(1) Reserves Act 1977 section 40(1) National Parks Act 1980 Conservation Act 1987 2: The Director-General may from time to time appoint to be a ranger for the purposes of this Act— a: An officer of the Department of Conservation: b: An officer of a controlling authority, on the recommendation of the controlling authority. 3: The Director-General may from time to time appoint any suitable person to be a ranger in an honorary capacity for the purposes of this Act. 4: Any officer of a controlling authority who is appointed to be a ranger shall be a ranger only for walkways under the control of that authority. 5: Subject to subsection (4) subsection (2) (3) 6: Every ranger appointed under this section shall hold office during the pleasure of the Director-General. 7: Every ranger appointed under this section shall be supplied with a written warrant evidencing that person's appointment signed by or on behalf of the Director-General. The production of any such warrant shall be sufficient proof of the appointment. 8: Every ranger appointed under this section shall, on relinquishing office, surrender to the Director-General that person's warrant of appointment and any badge of office that may have been issued to that person. 1975 No 31 s 28 1987 No 117 s 11(1) 14: Obstructing ranger, etc Every person commits an offence who— a: Personates or falsely pretends to be a ranger: b: Wilfully obstructs, hinders, or deceives, or wilfully causes to be obstructed, hindered, or deceived, any ranger while the ranger is exercising or performing any power, function, or duty under this Act. 1975 No 31 s 29 15: Finance 1: Except as otherwise provided in this Act, money required for— a: The establishment, administration, control, maintenance, and improvement of walkways; and b: The discharge of any liability for damage to property incurred in respect of— i: A walkway; or ii: Any land that is available for public use as if it were a walkway, before it is gazetted as such, and is the subject of an agreement made pursuant to section 8(1) shall be paid out of money appropriated by Parliament for the purpose. 2: The Director-General shall approve the manner in which money appropriated by Parliament for the establishment, administration, control, maintenance, and improvement of walkways should be utilised. 1975 No 31 ss 10(1)(b), 30 1980 No 126 s 3(1) 1987 No 65 65(1) 16: Minister may authorise expenditure of money on land that is not a walkway 1: Notwithstanding anything to the contrary in this Act, a controlling authority which is a department of State, with the prior consent of the Minister, may determine that any money received by it under this Act shall be expended for the purpose of developing, maintaining, protecting, improving, administering, and publicising any land that is not a walkway, if the owner or administering authority, and the occupier, of the land have— a: Agreed to the land being used as if it were a walkway; and b: Consented to the expenditure of money for those purposes. 2: Any agreement made under subsection (1) 1975 No 31 s 30A 1982 No 87 s 2 17: Funds for controlling authorities 1: The Minister may from time to time, out of money appropriated by Parliament for the purpose, make grants to any controlling authority that is not a department of State to enable it to discharge its duties under this Act and to meet any liability for damage to property incurred in respect of a walkway. 2: Any administering authority that is also a controlling authority by virtue of section 11(3) 3: Any local authority may— a: If it is the controlling authority of a walkway or part of a walkway, expend such sum or sums of money as it thinks fit in the discharge of its duties under this Act in respect of the walkway or part of the walkway; or b: In any other case, make grants of such sum or sums of money as it thinks fit to the controlling authority of any walkway or part of a walkway, whether the walkway or part is situated within or outside its district, to assist the controlling authority to discharge its duties under this Act. 1975 No 31 s 31 1978 No 116 s 2(2) 18: Grants and gifts 1: Any person or body may, unless prohibited from doing so by any Act or instrument of trust, make to the Director-General a grant or gift of money for specified or general purposes of this Act; and the Director-General may accept any such grant or gift for those purposes. 2: All money received by the Director-General under subsection (1) section 67 Public Finance Act 1989 1975 No 31 s 32 General provisions 19: Powers of rangers 1: Any ranger may without further warrant or authority other than this section summarily interfere to prevent any actual or attempted breach of this Act. 2: Subject to subsection (3) 3: Before making any requirement or demand under subsection (2) 4: If the offender, after being so required, fails to give his or her first name, surname, or residential address, or gives a false name or address, or supplies any false evidence in respect thereof, or wilfully continues the offence, that person commits a further offence against this Act. 1975 No 31 s 35 20: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: Providing for the maintenance of good order on walkways: b: Providing for the conditions under which the public may enter, remain on, or use any walkway: c: Prescribing conditions applying and charges payable in respect of the use of facilities on any walkway: d: Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Any regulations made under this section may apply generally throughout New Zealand or may be made to apply only within such area or areas or to such walkway or part of a walkway as may be specified in the regulations. 3: Every person who acts in contravention of or fails to comply with any provision of any regulations made under this Act commits an offence and shall be liable on summary conviction to a fine not exceeding $200. 1975 No 31 s 36 21: Bylaws 1: Any controlling authority that is not a department of State may from time to time make bylaws, not inconsistent with this Act or with any regulations for the time being in force under this Act, for all or any of the following purposes: a: Providing for the maintenance of good order on walkways: b: Providing for the conditions under which the public may enter, remain on, or use any walkway. 2: All such bylaws shall be made by resolution of the controlling authority and shall be signed by the chairperson and one other member of the controlling authority. 3: Any bylaw made under this section shall apply to such walkway or part of a walkway as may be specified in the bylaw, being a walkway or part of a walkway in respect of which the controlling authority has jurisdiction under this Act. 4: Notwithstanding anything to the contrary in this Act, the controlling authority shall not delegate the power conferred on it by subsection (1) 5: Every person who acts in contravention of or fails to comply with any provision of any bylaw for the time being in force under this Act commits an offence and shall be liable on summary conviction to a fine not exceeding $100. 1975 No 31 s 37 22: Bylaws to be approved by Minister 1: No bylaw made under section 21 Gazette 2: The publication in the Gazette 1975 No 31 s 38 23: Offences 1: Subject to subsections (2) (3) a: Carries any firearm on or within 100 metres of a walkway; or b: Lights any fire on a walkway other than in a fireplace provided by the controlling authority or fails to extinguish any fire lit by that person on a walkway before leaving it; or c: Takes, rides, or has charge of any horse on a walkway; or d: Takes or has charge of any dog on a walkway; or e: Takes, drives, or has charge or control of any motor vehicle on a walkway; or f: Enters or remains on any walkway or part of a walkway that is for the time being closed under section 28 g: Discharges or shoots any firearm across or on or within 100 metres of a walkway; or h: Wilfully damages or removes any crop, pasture, tree or plant (other than a plant which is a noxious weed in the district or area within which the walkway is situated) growing on or adjacent to a walkway; or i: Lays any poison or sets any snare or trap on or adjacent to a walkway; or j: Wilfully damages or interferes with any pole, marker, indicator, stile, fence, gate, bridge, shelter, notice, or other amenity on or adjacent to any walkway, or at any entrance to a walkway; or k: Wilfully damages or interferes with any fence, gate, machinery, vehicle, equipment, building, or other structure situated on property adjacent to a walkway; or l: Wilfully interferes with or disturbs any livestock depasturing on or adjacent to a walkway; or m: Wilfully interferes with or disturbs any wildlife, within the meaning of the Wildlife Act 1953 n: Wilfully endangers, disturbs, or annoys any user of a walkway. 2: No person shall be guilty of an offence by reason of doing any of the things specified in subsection (1) 3: No person shall be guilty of an offence by reason of doing any of the things specified in paragraphs (a) to (i) a: That person was at the time the owner or occupier of the land on which the walkway is situated; or b: That person did that thing with the permission of any such owner or occupier. 4: It shall be a defence to a charge under this section if the defendant proves that it was necessary for the defendant to commit the offence for the defendant's own safety or protection or for the safety or protection of some other person, or because of some emergency involving the defendant's property or the property of some other person. 5: Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and convicted under this Act or under any one of those other Acts. 6: No person shall be liable to be prosecuted more than once in respect of the same offence. 1975 No 31 s 39 1978 No 116 s 3 24: Trespass on private land from walkway with firearm or dog 1: Every person commits an offence who, being in possession of a firearm or having charge of any dog, leaves a walkway and goes on to any adjacent private land or allows the dog to go onto such land, without the authority of the occupier or other lawful authority. 2: It shall be a defence to a charge under this section if the defendant proves that— a: The defendant did not go on to the land from the walkway; or b: It was necessary for the defendant to go on to the land for the defendant's own safety or protection or for the safety or protection of some other person, or because of some emergency involving the defendant's property or the property of some other person. 1975 No 31 s 40 25: Proceedings in respect of offences 1: An information in respect of an offence against this Act shall be laid by— a: The Director-General or his or her nominee; or b: The Chairperson of the Board for the area in which the offence is alleged to have been committed, or any person appointed in writing in that behalf by the controlling authority of the walkway or part of a walkway in respect of which the offence is alleged to have been committed. 2: Any appointment under subsection (1) 3: Any officer or employee of a Board or controlling authority, although not the informant, may appear and conduct the prosecution in all proceedings for offences against this Act. 4: Any officer or employee of the Department of Conservation, although not the informant, may appear and conduct the prosecution in all proceedings for offences against this Act. 1975 No 31 s 43 1987 No 65 65(1) 26: General penalty for offences Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding $500. 1975 No 31 s 41 27: Time within which information may be laid Notwithstanding anything in the Summary Proceedings Act 1957 1975 No 31 s 42 28: Closure of walkways 1: Every controlling authority— a: May close any walkway or part of a walkway under its control for reasons of safety or during emergencies, or for the purpose of maintenance or development work: b: May close any such walkway or any part of such a walkway, at the request of the occupier of the adjacent land: c: Shall close any such walkway or any part of such walkway established over private land in order to comply with any condition as to use to which the establishment of the walkway is subject— for such period as the controlling authority considers necessary or as may be necessary to comply with the condition as to use, as the case may be. 2: Any closure under subsection (1) 3: Any closure under subsection (1) 4: Any signs erected under subsection (2) subsection (3) 5: If any controlling authority closes a walkway or part of a walkway under this section it shall immediately notify the Director-General and the Board having jurisdiction in the area in which the walkway or part of the walkway is situated. 1975 No 31 s 46 29: Revocation of notices declaring walkways 1: The Minister may, on the recommendation of the Board having jurisdiction in the area in which the walkway is situated, by notice in the Gazette section 6 8 2: Every such notice shall take effect on a date specified in the notice or, if no date is specified, on the date on which it is gazetted. 3: A copy of every notice revoking a declaration made under section 6 Land Transfer Act 1952 4: If a declaration made under section 8 1975 No 31 s 47 29A: Control of dogs Nothing in this Act derogates from the provisions of Part 5C Conservation Act 1987 controlled dog area open dog area This section was inserted 2 May 1996 Conservation Amendment Act (No 2) 1996 30: Commission and District Walkway Committees abolished The New Zealand Walkway Commission and every District Walkway Committee established under the New Zealand Walkways Act 1975 31: Amendments to other Acts 1: The Conservation Act 1987 Schedule 1 The New Zealand Walkways Act 1975 The New Zealand Walkways Act 1990 2: The State-Owned Enterprises Amendment Act 1987 Part A of Schedule 1 New Zealand Walkways Act 1975 32: Repeals 1: The following enactments are hereby repealed: a: The New Zealand Walkways Act 1975 b: The New Zealand Walkways Amendment Act 1976 c: The New Zealand Walkways Amendment Act 1977 d: The New Zealand Walkways Amendment Act 1978 e: The New Zealand Walkways Amendment Act 1980 f: The New Zealand Walkways Amendment Act 1982 g: The New Zealand Walkways Amendment Act 1985 h: Section 40(2)(b) Sport, Fitness, and Leisure i: The New Zealand Walkways Amendment Act 1988 2: Notwithstanding subsection (1) 3: All proceedings pending by or against the New Zealand Walkway Commission immediately before the commencement of this Act may be carried on, completed, and enforced by or against the Director-General. The words Sport, Fitness, and Leisure substituted 1 July 1992 Recreation and Sport 2(1) Sport, Fitness and Leisure Amendment Act 1992

DLM210433

1990

Export Guarantee Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Export Guarantee Amendment Act 1990 and shall be read together with and deemed part of the Export Guarantee Act 1964 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Interpretation 1: 2: Subsection (2) repealed 1 August 1990 Export Guarantee Amendment Act (No 2) 1990 3: Sections 3 to 4 repealed 1 August 1990 Export Guarantee Amendment Act (No 2) 1990 4: Sections 3 to 4 repealed 1 August 1990 Export Guarantee Amendment Act (No 2) 1990 5: 6: Transitional provisions 1: 2: All money belonging to the Office and held in the State Insurance Account immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to be held in the Export Guarantee Account established under section 21 Subsection (1) repealed 1 August 1990 Export Guarantee Amendment Act (No 2) 1990

DLM213016

1990

Health Research Council Act 1990

1: Short Title and commencement 1: This Act may be cited as the Health Research Council Act 1990. 2: This Act shall come into force on 1 October 1990. 2: Interpretation In this Act, unless the context otherwise requires,— biomedical research a: research in the biomedical sciences relevant to human health; and b: research into the causes, consequences, diagnosis, and treatment of human illness Council health research Minister public health research a: research into health systems and health services; and b: research into the environmental, socio-economic, cultural, and behavioural factors that determine health status research committee section 13 section 15 1950 No 20 s 2 1956 No 85 s 2(1) 1965 No 29 s 2(2) Section 2 appointed member repealed 20 December 1991 section 2 Health Research Council Amendment Act 1991 Section 2 financial year repealed 25 January 2005 section 200 Crown Entities Act 2004 3: Act to bind the Crown This Act shall bind the Crown. 4: Purpose The purpose of this Act is to improve human health by promoting and funding health research. 1: Health Research Council of New Zealand 5: Health Research Council of New Zealand 1: There is hereby constituted a statutory entity 2: The Council is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 1950 No 20 s 3(1) 1965 No 29 s 2(3) Section 5(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(2) substituted 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 Council 1: The functions of the Council shall be— a: to advise the Minister on national health research policy: b: to administer funds granted to the Council for the purpose of implementing national health research policy: c: to negotiate, once every 3 years, the bulk-funding allocations that may be made to the Council by the Government for the funding of health research: d: to foster the recruitment, education, training, and retention of those engaged in health research in New Zealand: e: to initiate and support health research: f: to encourage initiatives into health research by soliciting research proposals and applications, particularly in areas considered by the Council to have a high priority: g: to consult, for the purpose of establishing priorities in relation to health research, with— i: the Minister of Health; and ii: the Ministry of Health; and iii: iv: other persons who fund or produce research, whether in the public sector or the private sector; and v: persons who have a knowledge of health issues from the consumer perspective: h: to promote and disseminate the results of health research in ways that will be most effective in encouraging their contribution to health science, health policy, and health care delivery: i: to advertise actively for applications for grants to support proposals or personal awards in relation to health research: j: to appoint the members of the Biomedical Research Committee, the Public Health Research Committee, the Maori Health Committee, and the Ethics Committee: k: to ensure the development and application of appropriate assessment standards by committees or subcommittees that assess health research proposals: l: to administer any additional funds that may be made available to the Council from either public or private sources for the support of health research: m: any other functions conferred on it by the Minister in accordance with section 112 2: 1950 No 20 s 9 1965 No 29 s 8 Section 6(1)(g)(ii) substituted 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Section 6(1)(g)(iii) repealed 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Section 6(1)(m) added 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 7: Powers of Council 1: 2: Without limiting section 17 a: b: section 31 c: 3: 1950 No 20 s 10(a), (b), (c), (f), (h) 1965 No 29 s 9(1) Section 7(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2)(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 8: Membership of Council 1: The Council shall consist of— a: 5 persons who are or have been actively engaged in health research: b: 5 persons who have skills and experience in areas such as community affairs, health administration, law, or management or knowledge of health issues from a consumer perspective. 2: Subsection (1) does not limit section 29 3: Members of the Council are the board for the purposes of the Crown Entities Act 2004 1950 No 20 s 4(1) Section 8 substituted 20 December 1991 section 3 Health Research Council Amendment Act 1991 Section 8(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(3) added 25 January 2005 section 200 Crown Entities Act 2004 9: Term of office Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004 10: Extraordinary vacancies Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 11: Chairperson Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004 12: Deputy Chairperson Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004 Research committees 13: Biomedical Research Committee There is hereby established, as a committee of the Council, a Biomedical Research Committee. 14: Principal function of Biomedical Research Committee The principal function of the Biomedical Research Committee shall be to advise the Council on the assignment of funds for health research that is predominantly biomedical health research. 15: Public Health Research Committee There is hereby established, as a committee of the Council, a Public Health Research Committee. 16: Principal function of Public Health Research Committee The principal function of the Public Health Research Committee shall be to advise the Council on the assignment of funds for health research that is predominantly public health research. 17: General functions of research committees The general functions of each research committee shall be— a: to advise the Council on the sum of money required for the research committee's proposed research programme, including— i: administrative overheads; and ii: fellowships and awards: b: to advise the Council on priorities in relation to the type of health research in respect of which the research committee is established: c: to determine, within the policy determined from time to time by the Council, the appropriate methods and the appropriate mechanism for assessing and ranking applications for grants for the purposes of health research: d: to recommend to the Council the programme of health research to be supported: e: to determine, within the general policy of the Council, whether applications for grants submitted to it should be supported, and to accord a priority ranking to those applications that are to be supported: f: to monitor, in accordance with guidelines set by the Council, the performance of grantees, and to report to the Council on the performance of grantees. 18: Procedures for ranking applications 1: Each research committee shall establish procedures for ranking, within the general policy of the Council, the applications for grants for the purposes of health research that are to be supported. 2: The ranking shall establish the order of priority for the making of grants in respect of applications. 19: Other procedures of research committees Each research committee shall— a: adopt assessment, monitoring, and evaluation methods that are appropriate to the type of health research proposals that the research committee will be required to consider: b: publicise as widely as possible the criteria the research committee will follow: c: actively seek health research proposals in priority areas: d: assess applications received and advise the Council of those that the research committee has determined are to be supported: e: where the research committee declines to support an application made to the Council for a grant for the purposes of health research, inform the applicant in writing of the research committee's reasons for declining to support the application. 20: Membership of research committees 1: Each research committee shall consist of 7 members. 2: At least 5 of the 7 members of each research committee shall have research experience that is relevant to the kind of health research in respect of which the committee is established. 3: The members of each research committee— a: shall be appointed from time to time by the Council; and b: may include both members of the Council and persons who are not members of the Council. 4: In appointing members of a research committee, the Council shall have regard to— a: their personal attributes; and b: their ability to contribute to the discharge of the functions of the research committee. 5: The chairperson of each research committee shall be a member of the Council from time to time appointed for the purpose by the Council. 6: Subject to subsection (7), every member of a research committee shall be appointed for a term of 3 years, but may from time to time be reappointed. 7: Upon the completion by any person of 2 consecutive terms as a member of a research committee, that person shall cease to be eligible for reappointment as a member of that research committee until after the lapse of 3 years during which that person did not hold office as a member of that research committee. Maori Health Committee 21: Maori Health Committee There is hereby established, as a committee of the Council, a Maori Health Committee. 22: Principal functions of Maori Health Committee The principal functions of the Maori Health Committee shall be to advise the Council on health research into issues that affect Maori people, with particular reference to research impinging on cultural factors affecting the Maori people, including those that affect the gathering of information, and the verification and validation of information. 23: Membership of Maori Health Committee 1: The Maori Health Committee shall consist of 7 members. 2: The members of the Maori Health Committee— a: shall be appointed from time to time by the Council; and b: may include both members of the Council and persons who are not members of the Council. 3: In appointing members of the Maori Health Committee, the Council shall have regard to— a: their personal attributes; and b: their ability to contribute to the discharge of the functions of the Maori Health Committee. 4: The chairperson of the Maori Health Committee shall be a member of the Council from time to time appointed for the purpose by the Council. 5: Subject to subsection (6), every member of the Maori Health Committee shall be appointed for a term of 3 years, but may from time to time be reappointed. 6: Upon the completion by any person of 2 consecutive terms as a member of the Maori Health Committee, that person shall cease to be eligible for reappointment as a member of that committee until after the lapse of 3 years during which that person did not hold office as a member of that committee. Ethics Committee 24: Ethics Committee There is hereby established, as a committee of the Council, an Ethics Committee. 25: Functions of Ethics Committee 1: The functions of the Ethics Committee shall be— a: to consider and make recommendations to the Council on ethical issues in relation to health research, especially those emerging through the development of new areas of health research: b: to provide and review ethical guidelines for the Council: c: subject to paragraph (d), to ensure that, in respect of each application submitted to the Council for a grant for the purposes of health research, an independent ethical assessment of the proposed health research is made either by the Ethics Committee itself or by a committee approved by the Ethics Committee: d: where an application for a grant for the purposes of health research is submitted to the Council in respect of health research that is of national importance or great complexity, to itself make an independent ethical assessment of the proposed health research: e: to review, at the request of any person who has made an application for a grant for the purposes of health research, the independent ethical assessment made, in respect of the proposed health research, by a committee approved under paragraph (c): f: to give, in relation to ethics committees established by other bodies, advice on— i: the membership of those committees; and ii: the procedures to be adopted, and the standards to be observed, by those committees: g: to provide independent comment on ethical problems that may arise in any aspect of health research: h: to perform any other functions (whether or not related to health research) it is for the time being— i: given by or under any enactment; or ii: authorised to perform by the Minister, by written notice to the Health Research Council after consultation with it. 1A: The Minister must, as soon as practicable after giving a notice to the Health Research Council under subsection (1)(h)(ii), publish a copy in the Gazette 2: The Ethics Committee or any ethics committee approved under subsection (1)(c) may, in carrying out an independent ethical assessment under paragraph (c) or paragraph (d) of subsection (1), consult, as it thinks fit, with other persons or bodies. Section 25(1)(h) added 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25(1A) inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 26: Membership of Ethics Committee 1: The members of the Ethics Committee shall comprise— a: the Chairperson of the Council or a member of the Council nominated from time to time by the Chairperson of the Council: b: 2 persons to be appointed from time to time by the Council, both of whom shall have qualifications in science and one of whom shall be a member of the Council: c: 4 other persons, not being members of the Council, to be appointed from time to time by the Council. 2: In appointing persons under subsection (1)(b) or subsection (1)(c), the Council shall have regard to the need among the members of the Ethics Committee for a diversity of knowledge and experience in relation to ethics, philosophy, law, theology, nursing, women's health, patient advocacy, and tikanga Maori. 3: The Ethics Committee shall from time to time appoint one of its members to be the chairperson of the Ethics Committee. General provisions relating to committees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004 27: Appointment of committees Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004 28: Power of committees to appoint subcommittees Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004 29: Power of delegation Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004 30: Procedure of committees Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 Grants for health research 31: Consideration of applications 1: Where an application for a grant for the purposes of health research is made to the Council, the Council— a: shall refer that application to a research committee so that a scientific assessment of the health research may be made by that research committee; and b: shall refer that application to the Ethics Committee so that that Committee may make, or arrange for the making of, an independent ethical assessment of the health research. 2: No application shall be granted unless the Council considers, after having regard to the scientific assessment made by the research committee to which the application was referred under subsection (1)(a) and to the independent ethical assessment made pursuant to subsection (1)(b), that— a: the scientific design of the proposed research is sound; and b: the study is both relevant and feasible given the available resources; and c: the research is ethically acceptable. 3: The Council shall have regard to the effect that its decisions on applications for grants for the purpose of health research may have on the future availability of research providers. 4: Within the general policy of the Government in relation to health research, the Council shall be responsible for identifying and setting priorities for undertaking health research, and in undertaking this task it shall take into account the views of the Minister, the Ministry of Health Section 31(4) amended 1 July 1993 section 38(3) Health Amendment Act 1993 32: Reports on research 1: Every person who or organisation which receives a grant under this Act shall make available to the Council such information as the Council from time to time requires for the purpose of monitoring and evaluating the progress and outcome of the research. 2: Information made available pursuant to a requirement under subsection (1) shall be referred by the Council to— a: the research committee that made, in respect of the health research, the scientific assessment required by section 31(1)(a) b: the Ethics Committee; and c: any committee that made, in respect of the health research, the independent ethical assessment required by section 31(1)(b) 3: Those evaluations shall be taken into consideration when any future application by the grantee to the Council for a grant for the purposes of health research is being considered. 33: Availability of results of research The Council shall make the results of the research it funds available to any interested person or organisation. 34: Liaison with other organisations 1: The Council shall develop close and supportive relationships with any charitable, private, or other organisations that fund health research. 2: For the purpose of subsection (1), the Council shall set up formal mechanisms of liaison to develop a national health research strategy for New Zealand. 3: The Council may make available to other organisations, on a cost-recovery basis, its procedures for— a: the assessment of applications: b: the preparation of contracts: c: the administration of research funds. 4: Liaison under this section may include joint ventures in support of specific research proposals. 5: The Council shall develop and maintain close links with the Ministry of Health and persons purchasing or providing health services 6: The Council may, by agreement with the Director-General of Health or any person purchasing or providing health services,— a: act as the agent of the Director-General of Health or of the person purchasing or providing health services in letting contracts for health research; or b: perform the scientific assessment of in-house research carried out by or on behalf of the Ministry of Health or the person purchasing or providing health services. Section 34(5) amended 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Section 34(6) substituted 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Miscellaneous provisions 35: Contracts of Council Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004 36: Seal Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004 37: Rules Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004 38: Annual report 1: 2: The Council shall include in every annual report of the Council under section 150 a: a report on how the health research supported by the Council has contributed to the implementation of national health research policy; and b: a list of grants awarded during the year; and c: a description of research projects completed during the year or in progress at the end of the year; and d: an outline of the policies of the Council (including its priorities); and e: a discussion of issues of social or cultural importance in relation to health research. 3: 4: 1950 No 20 s 23 Section 38(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 38(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 38(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 38(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 39: Exemption from income tax The income of the Council shall be exempt from income tax. 1950 No 20 s 20 1989 No 50 s 10 40: Further provisions applying to Council The provisions set out in Schedule 1 41: Authority to make contributions for purposes of health research 1: Any local authority or other public body, any corporation sole, any company or other incorporated body, any unincorporated body of persons, any trustee or trustees (including any statutory trustee or trustees or board of trustees), or any other person may, unless expressly prohibited by any Act, or by any instrument of trust, make to the Council 2: 1950 No 20 s 19(1), (3) Section 41(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 41(2) repealed 1 July 2003 section 262 Local Government Act 2002 42: Protection of persons acting under authority of Act Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004 43: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof. 2: Regulations under this section are secondary legislation ( see Part 3 1950 No 20 s 24 The following table is small in size and has 3 columns that are grouped under the 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(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Dissolution of Medical Research Council of New Zealand 44: Dissolution of Medical Research Council of New Zealand 1: The Medical Research Council of New Zealand constituted by section 3 of the Medical Research Council Act 1950 2: No member of the Medical Research Council of New Zealand shall be entitled to compensation for loss of office resulting from the dissolution of that Council. 45: Assets and liabilities On the commencement of this Act all assets and liabilities of the Medical Research Council of New Zealand shall become assets and liabilities of the Health Research Council of New Zealand. 46: Vesting of assets 1: On the commencement of this Act all real and personal property vested in the Medical Research Council of New Zealand shall vest in the Health Research Council of New Zealand, subject to all liabilities, charges, obligations, or trusts affecting that property. 2: All money which has before the commencement of this Act been appropriated by Parliament for the purposes of medical research and which at the commencement of this Act is held for that purpose in the Medical Research Endowment Fund Account pursuant to the Medical Research Council Act 1950 3: On the commencement of this Act all money payable to the Medical Research Council of New Zealand shall become payable to the Health Research Council of New Zealand. 1950 No 20 s 13(1) 47: Proceedings On the commencement of this Act all proceedings pending by or against the Medical Research Council of New Zealand may be carried on, completed, or enforced by or against the Health Research Council of New Zealand. 48: Transitional provision in relation to persons employed on research and as tenured investigators 1: Every person who, immediately before the commencement of this Act, was an employee of the Medical Research Council of New Zealand, who was engaged on health research for that Council shall (subject to clause 3(2) a: the completion of the first relevant Health Research Council of New Zealand funding round that takes place after the commencement of this Act; or b: the expiration of 31 December 1991. 2: Every person who was, immediately before the commencement of this Act, a person funded, directly or indirectly, by the Medical Research Council of New Zealand as a tenured investigator for a term that has not expired shall (subject to the contract under which that person is funded) continue to be funded by the Health Research Council of New Zealand until the earlier of— a: the expiration of that term; or b: the expiration of 31 December 1993. 49: Other transitional provision Subject to the other provisions of this Act, and unless in any case the context otherwise requires, every reference in any other Act or in any regulations to the Medical Research Council of New Zealand shall hereafter be read as a reference to the Health Research Council of New Zealand constituted by this Act. 50: Final accounts of Medical Research Council of New Zealand 1: As soon as reasonably practicable after the commencement of this section, the Director-General of Health shall cause to be prepared final accounts of the Medical Research Council of New Zealand as at the close of 30 September 1990. 2: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be sent by the Director-General of Health to the Minister of Health. 3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be laid before the House of Representatives by the Minister of Health as soon as practicable after their receipt by that Minister. 3: Consequential amendments and repeals 51: Consequential amendment to War Pensions Act 1954 Section 51 repealed 7 December 2014 section 278 Veterans’ Support Act 2014 52: Consequential amendment to Ministry of Transport Act 1968 1: Amendment(s) incorporated in the Act(s). 2: Notwithstanding subsection (1), the person holding office immediately before the commencement of this Act as the member of the Road Traffic Safety Research Council appointed under section 13I(2)(g) of the Ministry of Transport Act 1968 section 13I(3)(b) of that Act 53: Consequential amendments to Local Authorities (Members' Interests) Act 1968 1: Amendment(s) incorporated in the Act(s) 2: The Local Authorities (Members' Interests) Act 1968 Part 2 54: Consequential amendment to Estate and Gift Duties Act 1968 Amendment(s) incorporated in the Act(s) 55: Consequential amendments to Stamp and Cheque Duties Act 1971 Section 55 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 56: Consequential amendment to Income Tax Act 1976 Section 56 repealed 1 April 1995 Income Tax Act 1994 57: Consequential amendment to Medicines Act 1981 Amendment(s) incorporated in the Act(s) 58: Consequential amendments to Official Information Act 1982 Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004 59: Repeals The enactments specified in Schedule 2

DLM214643

1990

State-Owned Enterprises Amendment Act (No 3) 1990

1: Short Title This Act may be cited as the State-Owned Enterprises Amendment Act (No 3) 1990, and shall be read together with and deemed part of the State-Owned Enterprises Act 1986 2: Transfer of Crown assets and liabilities to State enterprises This section inserted, as from 4 July 1990, section 23(6A) (6B) 3: Transfer of Crown assets and liabilities to New Zealand Liquid Fuels Investment Limited 1: Nothing in the principal Act shall be treated as preventing the shareholding Ministers for New Zealand Liquid Fuels Investment Limited from— a: Exercising, in relation to that company, a power conferred by section 23 i: At the time the power is exercised, those Ministers intend or may intend to transfer or dispose of all or any of the shares in that company held by those Ministers; or ii: Those Ministers have or may have as a purpose of exercising the power, the obtaining of the benefits of sections 23 to 29 b: Exercising, in relation to that company, a power conferred by section 23 2: This section shall be deemed to have come into force on the 4th day of July 1990. 4: Transfer of Crown assets and liabilities to New Zealand Timberlands (Bay of Plenty) Limited 1: Nothing in the principal Act shall be treated as preventing the shareholding Ministers for Crown Forestry Management Limited a: Exercising, in relation to New Zealand Timberlands (Bay of Plenty) Limited, a power conferred by section 23 i: At the time the power is exercised, it is or may be intended to transfer or dispose of all or any of the shares in that company; or ii: A purpose of exercising the power is or may be the obtaining of the benefits of sections 23 to 29 b: Exercising, in relation to New Zealand Timberlands (Bay of Plenty) Limited, a power conferred by section 23 2: This section shall be deemed to have come into force on the 11th day of April 1990. Subsection (1) amended 31 May 1996 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 by substituting the words Crown Forestry Management Limited New Zealand Forestry Corporation Limited

DLM222630

1990

New Zealand Railways Corporation Restructuring Act 1990

1: Short Title This Act may be cited as the New Zealand Railways Corporation Restructuring Act 1990. 2: Interpretation 1: In this Act, unless the context otherwise requires,— assets section 29(1) Corporation section 4 Crown transferee company debt security section 2(1) liabilities section 29(1) Ministers railway operator ( see railways assets a: assets of the Corporation: b: assets of a Crown transferee company: c: assets of the Crown that are— i: used by the Corporation or a Crown transferee company; or ii: held for railways purposes railways liabilities a: liabilities of the Corporation: b: liabilities of a Crown transferee company: c: liabilities of the Crown incurred— i: in relation to the Corporation or a Crown transferee company; or ii: for railways purposes security section 2(1) share Companies Act 1955 Companies Act 1993 transfer day section 6 transferee company section 4 (including a company formed and registered under that section as in force before the commencement of the Company Law Reform (Transitional Provisions) Act 1994 2: Terms or expressions that are not defined in this Act, but that are defined in the New Zealand Railways Corporation Act 1981 3: A declaration under the definition of railway operator in subsection (1) is secondary legislation ( see Part 3 3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) railway operator amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) share substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) transferee company amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(3) repealed 15 May 1991 Employment Contracts Act 1991 3: Act to bind the Crown This Act binds the Crown. 1: Formation of transferee companies and vesting of railways assets and liabilities 4: Formation of transferee companies 1: Notwithstanding the New Zealand Railways Corporation Act 1981 Companies Act 1993 a: has such name as the Ministers shall decide; and b: has a constitution in such form as the Ministers may determine. 2: The Ministers may acquire shares in a transferee company to be issued on its incorporation. 3: The Ministers may, from time to time subscribe for or acquire shares issued by a transferee company. 4: The constitution of a transferee company shall be laid before the House of Representatives by the Minister for State Owned Enterprises within 12 sitting days after the incorporation of the company. 5: All money required to be paid by the Ministers on subscribing for, or acquiring, securities of a transferee company shall be paid out of a Crown Bank Account Section 4 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 4(5): amended 25 January 2005 section 65R(3) Public Finance Act 1989 5: Crown shareholding 1: Securities of a transferee company that are registered in the name of a person described as the Minister of Finance or the Minister for State Owned Enterprises shall be held by the person for the time being holding the office of the Minister of Finance or the Minister for State Owned Enterprises, as the case may be. 2: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities of a transferee company consequent upon a change in the person holding office as the Minister of Finance or the Minister for State Owned Enterprises, as the case may be. 3: Each Minister may exercise all the rights and powers attaching to the securities of a transferee company held by that Minister. 6: Vesting of railways assets and liabilities 1: The Ministers may, at any time or times, prepare a list or lists specifying the railways assets and railways liabilities which, in the opinion of the Ministers, should be vested in the Crown or in a Crown transferee company in accordance with this Act. 2: Every list shall,— a: except in the case of contracts of service, contain a description of each asset and liability, either individually or as a group or class and, for the purposes of this paragraph, a class of railways assets or railways liabilities may comprise all or any of the railways assets or railways liabilities for the time being of the Corporation or the Crown or of a Crown transferee company; and b: in the case of contracts of service, identify either individually or as a group or class, those contracts that are to be vested in the Crown or in a Crown transferee company; and c: except in the case of contracts of service, state the value attributed by the Ministers to each asset and liability, either individually or as a group or class; and d: if the assets or liabilities are to be vested in the Crown, state that fact, or, if the assets or liabilities are to be vested in a Crown transferee company, state the name of the company; and e: be signed by the Ministers; and f: be laid before the House of Representatives by the Minister for State Owned Enterprises within 12 sitting days of its being signed. 3: The Governor-General may, at any time or times, by Order in Council, vest in the Crown or in a Crown transferee company named in the order, on a date specified in the order, the railways assets and railways liabilities specified in the order, being assets and liabilities set out in a list prepared pursuant to subsection (1) and which is referred to in the order. 4: Every Order in Council under subsection (3) that vests railways assets or railways liabilities in a Crown transferee company shall— a: specify the kind, number, nominal value or consideration for the issue b: specify the kind, number, nominal value, and terms (including interest) of the debt securities, if any, that shall be issued by the transferee company consequent upon the vesting in it of the railways assets and railways liabilities referred to in the order; and c: specify the date on which the shares and debt securities shall be issued. 5: If the Crown transferee company is registered under the Companies Act 1955 5A: If the Crown transferee company is registered under the Companies Act 1955 5B: If the Crown transferee company is a company registered under the Companies Act 1993 5C: On the date specified in the Order in Council, the Crown transferee company shall issue to the Minister of Finance debt securities of such kind, number, nominal value, and terms as are specified in the order. 6: Nothing in subsections (1)(b) and (2) of section 60 of the Companies Act 1955 or subsection (5A) 7: Nothing in this section prevents railways assets or railways liabilities vesting in a Crown transferee company for a consideration other than the issue of equity securities or debt securities. 8: Assets that have been fixed to, or placed under or over, any land may vest in the Crown or in a Crown transferee company under this Act notwithstanding that no interest in the land also vests in the Crown or in the Crown transferee company, as the case may be, under this Act, and in any such case— a: the assets and the land shall be regarded as separate assets each capable of separate ownership; and b: the assets shall for the purposes of this Act and, in particular, sections 38 39 40 9: Where, pursuant to an Order in Council under this section, railways assets of the Corporation are vested in the Crown or in any Crown transferee company and the aggregate value of those assets exceeds the aggregate value of railways liabilities of the Corporation vested in the Crown or any Crown transferee company pursuant to that order the Crown shall indemnify the Corporation to the extent of that excess. 10: Nothing in this section authorises the making of an Order in Council in relation to the vesting of railways liabilities that arise under an agreement that is governed by the law of a country other than New Zealand. 11: An Order in Council under this section is secondary legislation ( see Part 3 1987 No 195 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(4)(a) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5) substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5A) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5B) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5C) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(6) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Additional provisions relating to vesting of railways assets and railways liabilities 1: Nothing effected or authorised by this Act— a: shall be regarded as placing the Crown, the Corporation, or any other person in breach of, or default under, any contract, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong: b: shall be regarded as giving rise to a right for any person to— i: terminate or cancel or modify a contract or an agreement; or ii: enforce or accelerate the performance of an obligation; or iii: require the performance of an obligation not otherwise arising for performance: c: shall be regarded as placing the Crown, the Corporation, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information: d: shall release any surety from any obligation: e: shall invalidate or discharge any contract or security. 2: Where a railways asset or a railways liability that is an asset or liability of the Crown or the Corporation vests in a Crown transferee company under this Act,— a: the Crown or the Corporation, as the case may be, shall remain liable to any third party as if the asset or liability had not been so vested, and in any such case the Crown transferee company shall indemnify the Crown or the Corporation, as the case may be, in respect of any liability arising under this subsection: b: satisfaction or performance by the Crown transferee company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown or the Corporation, as the case may be: c: satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Crown transferee company shall be deemed to be also to the benefit of the Crown or the Corporation, as the case may be. 3: District Land Registrars are hereby authorised and directed to make such entries in their respective registers and do everything necessary to give effect to the vesting of any land or any estate or interest in land under this Act. 4: The vesting pursuant to this Act of railways assets or railways liabilities in the Crown or in a Crown transferee company shall take effect notwithstanding any enactment, or rule of law, or agreement and, in particular, but without limitation, the vesting pursuant to this Act of any land in the Crown or in a Crown transferee company shall take effect notwithstanding any provision contained in the Land Act 1948 Reserves Act 1977 Public Works Act 1981 5: Nothing in subsection (4) limits or affects the Conservation Act 1987 6: A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that land described in the certificate or described in a document on which the certificate appears, is land in relation to which subsection (4) applies, shall be sufficient evidence, in the absence of proof to the contrary, that that subsection applies in relation to the land. 7: Land that vests in the Crown or in a Crown transferee company pursuant to this Act vests in the Crown or that Crown transferee company, as the case may be, subject to all leases, agreements to lease, and easements existing in respect of any part of that land immediately before the land vests in the Crown or the Crown transferee company. 1987 No 195 s 7 8: Provisions relating to vesting of land Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 Land Transfer Act 1952 a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and b: as so identified, vest in the Crown or the Crown transferee company pursuant to and on a date specified in the Order in Council made under section 6 1986 No 124 s 24 1987 No 117 s 7 9: Title to land 1: A District Land Registrar shall, on written application by any person authorised by either of the Ministers and on payment of the prescribed fee,— a: register a Crown transferee company as the proprietor, in substitution for the Crown, or the Corporation or a Crown transferee company, of the estate or the interest of the Crown or the Corporation or a Crown transferee company in any land that is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and that is vested in the Crown transferee company pursuant to this Act; and b: 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 section. 2: The powers conferred by subsection (1) may be exercised in respect of any estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or been determined. 3: A District Land Registrar shall, on written application by any person authorised by either of the Ministers, and on payment of the prescribed fee, issue a certificate of title for land to which section 8 Schedule 1 4: A District Land Registrar shall, on written application by a person authorised by either of the Ministers, issue a certificate of title for land that is subject to the Land Transfer Act 1952 Schedule 1 5: Every application under this section shall— a: specify the name of the Crown transferee company; and b: specify the Order in Council under which the land is vested; and c: contain a description of the land that is sufficient to identify it; and d: in the case of an application under subsection (3), be accompanied by a certificate by the Chief Surveyor for the district concerned as to the correctness of the description. 1986 No 124 s 26 1989 No 57 s 2 10: Land certification 1: Before a District Land Registrar issues a certificate of title in respect of any land to which section 8 Director-General within the meaning of section 2 of the Survey Act 1986 Schedule 2 2: A certificate in accordance with subsection (1) shall be filed by the District Land Registrar in the Land Registry Office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in it. 1986 No 124 s 26 1987 No 117 s 8 1989 No 57 s 3 Section 10(1) amended 1 July 1996 Survey Amendment Act 1996 11: Designations Section 11 repealed 23 July 1993 New Zealand Railways Corporation Restructuring Amendment Act 1993 12: Ancillary powers to grant leases and other rights to use railways assets 1: The Ministers or the Corporation, as the case may be, may grant to a transferee company or a railway operator leases, licences, easements, and permits or rights of any kind in respect of railways assets owned by the Crown or the Corporation for such consideration and on such terms and conditions as the Ministers or the Corporation, as the case may be, may agree with the transferee company or railway operator. 2: 3: Section 11(1) Section 12(2) repealed 1 July 2003 section 262 Local Government Act 2002 Section 12(3) added 1 October 1991 section 362 Resource Management Act 1991 13: Continuity of employment Where the rights and liabilities arising under a contract of service between a worker and the Corporation or between a worker and a Crown transferee company are vested in a Crown transferee company pursuant to this Act— a: for the purposes of every enactment or rule of law, every collective employment contract b: the worker is not entitled to receive any payment or other benefit by reason only of that worker ceasing to be employed by the Corporation or the Crown transferee company and being employed by the Crown transferee company in which those rights and liabilities are vested. Section 13(a) amended 15 May 1991 Employment Contracts Act 1991 14: Union coverage Section 14 repealed 15 May 1991 Employment Contracts Act 1991 15: Collective employment contracts 1: Every collective employment contract that, immediately before a transfer day, applies to any workers employed by the Corporation whose contracts of service are vested in a transferee company pursuant to this Act, shall, on and after that day and while it continues in force, be deemed to apply to those workers as if the collective employment contract had been made between the workers and the transferee company. 2: Where, pursuant to subsection (1), a collective employment contract is deemed to apply to any worker employed by a transferee company, that transferee company shall be deemed to be a party to the collective employment contract. Section 15 substituted 15 May 1991 Employment Contracts Act 1991 16: Contributors to Government Superannuation Fund 1: Any person employed by a transferee company who, immediately before the transfer day, was employed by the Corporation or another transferee company and was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956 2: Subject to the Government Superannuation Fund Act 1956 3: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority 17: Application of Income Tax Act 1976 Section 17 repealed 1 April 1995 Income Tax Act 1994 18: Application of Public Finance Act 1989 Section 18 repealed 18 July 2013 section 57 Public Finance Amendment Act 2013 18A: Half-yearly reports 1: Within 2 months after the end of the first half of each financial year of every transferee company in which the Crown holds 50% or more of the issued ordinary shares, the board of the company shall deliver to Ministers a report of its operations during that half-year. 2: Each report required by this section shall include the information required by the statement of intent to be included therein. Section 18A inserted 21 December 1992 section 42 Public Finance Amendment Act 1992 19: Application of Ombudsmen Act 1975 and Official Information Act 1982 1: Every transferee company in which the Crown holds 50% or more of the ordinary shares shall be deemed to be— a: a person named in Part 2 b: a person named in Schedule 1 c: 2: For the purposes of this section, a date specified by the Governor-General, by Order in Council, as the date on which the Crown ceased to hold 50% or more of the ordinary shares in a transferee company shall be taken to be the date on which the Crown ceased to hold those shares. 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 19(1)(c) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 19(2) 20 October 1993 New Zealand Railways Corporation Restructuring Order 1993 Section 19(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 20: Corporation not to acquire Crown land without consent The Corporation shall not, without the prior consent of the Ministers, exercise the powers conferred on it— a: by section 24(b) b: by section 32(1) 21: Application of Public Works Act 1981 Notwithstanding section 30 sections 40 to 42 a: land that is held or occupied by the Crown for railway purposes: b: land that is held by the Corporation, or by a transferee company, or by a railway operator. 22: Interpretation For the purposes of this section and sections 23 24 26 affected land a: land held under the Public Works Act 1981 Public Works Amendment Act (No 2) 1987 b: land that has been vested in a Crown transferee company pursuant to section 6 i: has at all times since being so vested or sold been held by a transferee company or a railway operator; and ii: before being so vested in the Crown transferee company or sold to the railway operator, was held under the Public Works Act 1981 Public Works Amendment Act (No 2) 1987 local authority section 2 public work section 2 successor 23: Disposal of affected land by Corporation 1: Where the Corporation proposes to sell any affected land to a person other than a railway operator, it shall offer to sell the land by private contract to the person from whom it was acquired by the Crown or the Corporation, or to the successor of that person, at the current market value of the land determined by a valuation carried out by a registered valuer appointed by the Corporation unless— a: the Corporation considers that it would be impracticable, unreasonable, or unfair to do so; or b: there has been a significant change in the character of the land for the purposes of, or in connection with, the public work or other activities for which it was acquired or is held; or c: the person from whom it was acquired, or the successor of that person, was, or is, a local authority. 2: The person to whom an offer is made may, within 20 working days after receipt of the offer, give notice to the Corporation that that person requires the current market value of the land to be determined by the Land Valuation Tribunal and the Corporation shall, on receipt of the notice, refer the matter to that Tribunal for determination. 3: If— a: an offer under subsection (1) is not accepted within 40 working days after the making of the offer or, if an application is made to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal, whichever is later, and the parties have not agreed on other terms for the sale of the land; or b: paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) the Corporation may sell or otherwise dispose of the land to any person on such terms and conditions as it thinks fit. 4: Notwithstanding anything in this section, where the Corporation believes on reasonable grounds that, because of the size, shape, or situation of the land it could not expect to sell the land to any person who did not own land adjacent to the land to be sold, the land may be sold to an owner of adjacent land at a price negotiated between the parties. 24: Disposal of affected land by transferee company or railway operator 1: Where a transferee company or a railway operator proposes to sell any affected land to a person other than a railway operator, it shall give notice to the Director-General within the meaning of section 2 of the Survey Act 1986 2: The Director-General shall, within 20 working days, or such further time as he or she considers on reasonable grounds is required to make the determination, determine— a: whether it would be impracticable, unreasonable, or unfair to require the land to be offered for sale to the person from whom it was acquired or that person's successor; or b: whether there has been a significant change in the character of the land for the purposes of, or in connection with, a railway— and shall notify the transferee company or railway operator in writing of that determination. 3: The Director-General shall give notice in writing to the transferee company or railway operator of the period of any extension under subsection (2) and shall state in the notice the reasons for the extension. 4: Unless the Director-General gives notice to the transferee company or railway operator that he or she has determined that— a: it would be impracticable or unreasonable or unfair to do so; or b: there has been a significant change in the character of the land for the purposes of, or in connection with, a railway,— the transferee company or railway operator shall offer to sell the land by private contract to the person from whom it was acquired by the Crown or the Corporation, or to the successor of that person, at the current market value of the land as determined by a valuation carried out by a registered valuer appointed by the transferee company or railway operator. 5: The person to whom an offer is made may, within 20 working days after receipt of the offer, give notice in writing to the transferee company or railway operator that that person requires the current market value of the land to be determined by the Land Valuation Tribunal and the transferee company or railway operator, as the case may be, shall, on receipt of the notice, refer the matter to that Tribunal for determination. 6: If— a: an offer made under subsection (4) is not accepted within 40 working days after the making of the offer, or if an application has been made to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal, whichever is later, and the parties have not agreed on other terms for the sale of the land; or b: the Director-General gives notice to the transferee company or railway operator under subsection (4)(a) or subsection (4)(b) the transferee company or the railway operator may sell or otherwise dispose of the land to any person on such terms and conditions as it thinks fit. 7: Nothing in this section applies— a: in relation to affected land that was acquired from a local authority; or b: in a case where the successor of the person from whom any affected land was acquired is a local authority. 8: Nothing in this section applies where the chief executive of Land Information New Zealand Section 24(1) amended 1 July 1996 Survey Amendment Act 1996 Section 24(8) amended 1 July 1996 section 4(a) Survey Amendment Act 1996 25: Disposal of land 1: Any land disposed of under section 23 section 24 Land Transfer Act 1952 2: Any such memorandum of transfer may contain a recital that the land being transferred shall be amalgamated with any other land in an existing certificate of title; and that recital shall be sufficient authority to the District Land Registrar to amend such certificate of title accordingly, without fee. 3: On such amendment the land transferred shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the certificate of title. 4: Within 1 month after the registration of the memorandum of transfer, the transferor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the transferee. 25A: Subdivision 1: Subject to the provisions of this section, section 11 Part 10 section 23 section 24 section 26 2: Every transfer or other disposition to which subsection (1) applies, shall be deemed to be subject to a condition that— a: the land being transferred or disposed of shall be held in one certificate of title with the owner's adjoining land; or b: where subsection (4) applies, a covenant shall be entered into between the owner of the adjoining land and the territorial authority that the land being transferred or disposed of shall not, otherwise than in accordance with a subdivision consent under the Resource Management Act 1991 3: The Corporation, transferee company, or the railway operator (as the case may be) shall consult with the District Land Registrar as to the practicality of a condition of a kind referred to in subsection (2)(a). 4: If the District Land Registrar advises the Corporation, transferee company, or railway operator (as the case may be) that a condition of a kind referred to in subsection (2)(a) is not practical, then any transfer or disposal of land to which subsection (1) applies shall be deemed to be subject to a condition of a kind referred to in subsection (2)(b). 5: Every condition of a kind referred to in subsection (2)(a) or (b) shall be endorsed on the survey plan giving effect to the subdivision to which subsection (1) applies, and the District Land Registrar shall not deposit that survey plan unless— a: he or she is satisfied that any condition of the kind referred to in subsection (2)(a) has been complied with as fully as may be possible in the office of the Registrar; or b: a covenant of a kind referred to in subsection (2)(b) has been lodged for registration. 6: Where a condition of a kind referred to in subsection (2)(a) has been complied with— a: the separate parcels of land included in the certificate of title in accordance with the condition shall not be capable of being disposed of individually or being held under separate certificates of title, otherwise than in accordance with a subdivision consent under the Resource Management Act 1991 b: on the issue of a certificate of title, the District Land Registrar shall enter on the certificate of title a memorandum that the land is subject to this subsection. 7: Every covenant of a kind referred to in subsection (2)(b) shall be in writing, be signed by the owner of the adjoining land, have affixed to it the common seal of the territorial authority, and be deemed— a: to be an instrument capable of registration under the Land Transfer Act 1952 section 62 b: to run with the land and bind subsequent owners. 8: The territorial authority may at any time, after a survey plan giving effect to a subdivision to which subsection (1) applies has been deposited in the Land Registry Office, cancel in whole or in part— a: any condition of a kind referred to in subsection (2)(a); or b: any covenant of a kind referred to in subsection (2)(b). 9: Where a territorial authority cancels, in whole or in part, a condition or covenant in accordance with subsection (8), the territorial authority shall forward an authenticated copy of the resolution of the territorial authority cancelling or partially cancelling that condition or covenant to the District Land Registrar, who shall note the records accordingly. 10: Where— a: for the purpose of complying with conditions of a kind referred to in subsection (2)— i: a covenant of a kind referred to in subsection (2)(b) is registered in accordance with this section; or ii: the land being transferred or disposed of is amalgamated in one certificate of title with adjoining land in accordance with this section; and b: the adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation of purchase is lawfully conferred or imposed; and c: that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of subsection (5) or subsection (6)— the land being transferred or disposed of shall be deemed to be and always to have been part of the adjoining land that is subject to that instrument; and all rights and obligations in respect of, and encumbrances on, that adjoining land shall be deemed also to be rights and obligations in respect of or encumbrances on, the land being transferred or disposed of; and the District Land Registrar shall enter upon all relevant certificates of title a memorandum to the effect that the land therein is subject to this subsection. 11: Where any instrument to which subsection (10) applies is a mortgage, charge, or lien, it shall be deemed to have priority over any mortgage, charge, or lien against the land being transferred or disposed of which is registered subsequent to the issue of the certificate of title pursuant to subsections (5) and (6), or the registration of the covenant entered into pursuant to subsections (5) and (7), as the case may be; and the District Land Registrar shall enter upon all relevant certificates of title a memorandum to the effect that the land therein is subject to this subsection. 12: For the purposes of this section— allotment section 218 amalgamated territorial authority Local Government Act 2002 Section 25A inserted 23 July 1993 New Zealand Railways Corporation Restructuring Amendment Act 1993 Section 25A(12) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 26: Disposal of former Maori land Where any affected land was, immediately before it became affected land,— a: Maori freehold land or general land owned by Maori (as those terms are defined in section 2 of the Maori Affairs Act 1953 b: beneficially owned by more than 4 persons; and c: not vested in any trustee or trustees— the Corporation or the transferee company, or railway operator, as the case may be, may, instead of making an offer under section 23 section 24 section 436 of the Maori Affairs Act 1953 27: Sections 21 to 26 not to affect existing rights Nothing in sections 21 to 26 a: the application of sections 40 to 42 section 41(e) b: the determination of any issue relating to the existence of an obligation or entitlement under sections 40 to 42 c: the application of sections 40 to 42 28: Exercise of powers under Public Works Act 1981 by Corporation Without limiting section 30 section 2 of the New Zealand Railways Corporation Amendment Act 1988 Public Works Act 1981 2: General 29: Authority for railway operators Railway operations carried on by a railway operator shall be deemed for the purposes of the law of nuisance to be authorised by Act of Parliament. 30: Conflict with New Zealand Railways Corporation Act 1981 1: Nothing in the New Zealand Railways Corporation Act 1981 section 6 2: Without limiting subsection (1), nothing in section 12 31: Application of New Zealand Railways Corporation Act 1981 The provisions of the New Zealand Railways Corporation Act 1981 Schedule 1 32: Regulations relating to railway operators 1: Regulations may, on the recommendation of the Minister, be made under section 110 2: The Governor-General may, by Order in Council, on the recommendation of the Minister, declare that regulations made pursuant to section 110 3: The Minister shall not make a recommendation under subsection (1) or subsection (2) unless the Minister has consulted with all railway operators who, in the Minister's opinion, are likely to be affected by the proposed regulations or by regulations made under section 110 4: The failure to comply with the requirements of subsection (3) shall not invalidate any regulations or Order in Council made under this section. 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 32(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 33: Amendment to Land Tax Act 1976 1: Amendment(s) incorporated in the Act(s) 2: This section shall apply with respect to land tax for the year of payment commencing on 1 April 1990 and for every subsequent year. 34: Amendments to New Zealand Railways Corporation Act 1981 The New Zealand Railways Corporation Act 1981 Schedule 2 35: Amendments to other Acts The enactments specified in Schedule 3 36: Repeals The enactments specified in Schedule 4 37: Savings 1: The repeal by section 36 New Zealand Railways Corporation Act 1981 section 3 2: The repeal by section 36 3: Maori land claims 38: District Land Registrar to register necessary memorial 1: Where land owned by the Crown or an interest owned by the Crown in land is vested in a Crown transferee company under section 6 Subject to section 39 2: Subsection (1) shall not apply in relation to any piece of land or interest in land that is excluded from section 39 1986 No 124 s 27A 1988 No 105 s 10 39: Resumption of land on recommendation of Waitangi Tribunal 1: Where the Waitangi Tribunal has, under section 8A(2)(a) section 8HJ section 6 section 8B section 40 2: This section shall not apply in relation to any piece of land that, at the date of its vesting in a Crown transferee company under section 6 a: a deferred payment licence issued under the Land Act 1948 b: a lease under which the lessee had the right of acquiring the fee simple. 3: This section shall not apply in relation to any piece of land or interest in land in respect of which a certificate issued under section 8E(1) 4: Subject to subsection (5), this section shall not apply in relation to land or an interest in land that is for the time being held by a railway operator and used for the purposes of a railway. 5: Where land or an interest in land in relation to which the Waitangi Tribunal has made a recommendation for the return to Maori ownership— a: ceases to be held by a railway operator; or b: ceases to be used by a railway operator for the purposes of a railway— the land or interest in land shall be resumed by the Crown and returned to Maori ownership as soon as practicable after it ceases to be so held or used. 40: Resumption of land to be effected under Public Works Act 1981 1: Where section 39 Part 2 Parts 2 4 5 6 7 Schedules 1 3 4 5 Schedule 5 2: The existence on the certificate of title to any land or interest in land acquired pursuant to subsection (1) of a memorial under section 38 Public Works Act 1981 3: The power conferred by this section does not include the power to acquire or take and to hold under section 28 section 8A(6) section 8HJ 4: Amendments to Treaty of Waitangi Act 1975 41: This Part to be read with Treaty of Waitangi Act 1975 This Part shall be read together with and deemed part of the Treaty of Waitangi Act 1975 42: Functions of Tribunal Amendment(s) incorporated in the Act(s) 43: Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990 Amendment(s) incorporated in the Act(s)

DLM214605

1990

Government Superannuation Fund Amendment Act (No 2) 1990

1: Short Title and commencement 1: This Act may be cited as the Government Superannuation Fund Amendment Act (No 2) 1990, and shall be read together with and deemed part of the Government Superannuation Fund Act 1956 2: Except as provided in sections 4(3) 5(2) 7(2) 8(2) 9(6) 12(2) 2: 3: 4: Position after 31 July 1990 of locally engaged staff of New Zealand High Commission in United Kingdom 1: This subsection repealed sections 22B 22BA 2: Notwithstanding the repeal of those sections— a: Any person who, at the 31st day of July 1990, is a contributor to the Fund under Part 2A section 22BA(1) section 22BA(3) Part 2A Part 2A b: Any person who, at the 31st day of July 1990, is a special contributor to the Fund under Part 2 section 22B(7) Part 2 c: Notwithstanding anything to the contrary in section 42 paragraph (a) paragraph (b) section 598 of the Income and Corporation Taxes Act 1988 (UK) 3: This section shall come into force on the 1st day of August 1990. 5: 6: Application to members of Cook Islands Public Service who elect to become contributors under Part 2A Section 6 repealed 1 October 1995 31 Government Superannuation Fund Amendment Act 1995 7: 8: No elections after 30 June 1991 to contribute to Fund under Part 2A of principal Act Section 8 repealed 30 June 1991 Government Superannuation Amendment Act (No 2) 1991 9: 10: 11: Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors' salaries are paid 1: This subsection substituted section 95 2: The following enactments are hereby repealed: a: The Government Superannuation Fund Amendment Act 1965 b: Section 20(1) Government Superannuation Fund Amendment Act 1979 c: Section 7 Government Superannuation Fund Amendment Act (No 2) 1985 d: Section 31 Government Superannuation Fund Amendment Act 1986 e: So much of Schedule 1 Public Finance Act 1989 section 95 12: Annual subsidies after 1 July 1991 from Government and from funds or accounts out of which contributors' salaries are paid Section 12 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 13: Regulations Section 13 repealed 1 October 1995 31 Government Superannuation Fund Amendment Act 1995 14: Amendments to Government Superannuation Fund Amendment Act 1976 Section 35(1) Government Superannuation Fund Amendment Act 1976 , and every refund of contributions or that is determined in accordance with regulations made under the principal Act 15: Amendments to Government Superannuation Fund Amendment Act 1990 1: Section 31 Government Superannuation Fund Amendment Act 1990 section 50A or section 50B 2: Section 34 Government Superannuation Fund Amendment Act 1990 paragraph (d) section 50A or section 50B

DLM214636

1990

Plant Variety Rights Amendment Act 1990

1: Short Title This Act may be cited as the Plant Variety Rights Amendment Act 1990, and shall be read together with and deemed part of the Plant Variety Rights Act 1987 2: Interpretation 1: These subsections repealed the definition of Director-General Minister Ministry 2: These subsections repealed the definition of Director-General Minister Ministry 3: On the commencement of this Act, every person then holding office as Commissioner or Assistant Commissioner shall be deemed to have become an employee of the Ministry of Commerce. 4: This subsection repealed s 41

DLM212350

1990

Shop Trading Hours Act 1990

1: 1: This Act is the Shop Trading Hours Act 1990 2: This Act shall come into force on 1 August 1990. Section 1 heading amended 30 August 2016 section 5(2) Shop Trading Hours Amendment Act 2016 Section 1(1) amended 30 August 2016 section 5(3) Shop Trading Hours Amendment Act 2016 Preliminary provisions Heading inserted 30 August 2016 section 6 Shop Trading Hours Amendment Act 2016 2: Interpretation In this Act, unless the context otherwise requires,— chief executive district section 5(1) employer section 5F employment agreement section 5F goods Sale and Supply of Alcohol Act 2012 local Easter Sunday shop trading policy subpart 1 publicly available section 5(1) repealed Act Shop Trading Hours Act 1977 shop a: a private home where the owner or occupier's effects are being sold (by auction or otherwise); or b: a building or place where the only business carried on is that of selling by auction agricultural products, pastoral products, and livestock, or any of them; or c: a building or place where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again shop employee section 5F special consultative procedure section 5(1) territorial authority section 5(1) Section 2 chief executive inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 district inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 employer inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 employment agreement inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 goods replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2 local Easter Sunday shop trading policy inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 publicly available inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 shop employee inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 special consultative procedure inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 territorial authority inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 30 August 2016 section 8 Shop Trading Hours Amendment Act 2016 1: Restricted trading days Part 1 heading inserted 30 August 2016 section 9 Shop Trading Hours Amendment Act 2016 General rule Heading inserted 30 August 2016 section 9 Shop Trading Hours Amendment Act 2016 3: Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day 1: Subject to sections 4 4A 4B a: before 1 pm on Anzac Day; and b: all day on any day that is Good Friday, Easter Sunday, or Christmas Day. 2: For the purposes of subsection (1)— a: a shop that has a common entrance with a factory or warehouse is not closed at any time unless— i: the shop's entrance is then closed; and ii: no person in the shop is then selling goods, canvassing for orders of goods, or delivering goods; and b: subject to paragraph (a), a shop is not closed at any time unless— i: the shop is then locked, or otherwise secured against entry by members of the public; and ii: no person in the shop is then selling goods, canvassing for orders of goods, or delivering goods. Section 3(1) amended 30 August 2016 section 10 Shop Trading Hours Amendment Act 2016 Exemptions Heading inserted 30 August 2016 section 11 Shop Trading Hours Amendment Act 2016 4: Certain shops may remain open 1: Section 3(1) a: a shop where— i: the goods for sale include nothing that is not food, drink, a household item, a personal item, an automotive fuel, an automotive lubricant, an automotive part, or an automotive accessory, of a kind that people may reasonably need to be able to buy at any time; and ii: the quantity of goods for sale is no greater than that sufficient to meet the demands of the people who live or are staying in the area where the shop is, and people (other than people travelling in order to buy goods at the shop) travelling through the area; or b: a shop whose principal business is selling goods falling into one or other of the following categories: i: goods intended to be bought as souvenirs: ii: duty free goods (that is to say goods sold from or through an export warehouse or a duty-free store (as those terms are defined in section 5(1) iii: prepared or cooked food ready to be eaten immediately in the form in which it is sold; or c: a shop at any public passenger transport terminal, or at any station where public passenger transport services stop, whose principal business is selling goods falling into one or other of the following categories: i: books, magazines, and newspapers: ii: the categories specified in paragraph (b); or d: a pharmacy; or e: a shop in premises where a bona fide exhibition or show devoted (entirely or primarily) to agriculture, art, industry, and science, or any of those matters, is being held. 2: Section 3(1) a: on 31 July 1990 there was in force in respect of the area in which the shop is situated an order under section 20 of the repealed Act section 18(2) of that Act b: all conditions (if any) subject to which the order was made are being (or, as the case may be, have been) complied with. Section 4(1)(b)(ii) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 4A: Garden centres may remain open on Easter Sunday Section 3(1) Section 4A inserted 11 April 2001 section 4 Shop Trading Hours Act Repeal Amendment Act 2001 4B: Shops in certain areas may remain open on Easter Sunday Section 3(1) Section 4B inserted 30 August 2016 section 13 Shop Trading Hours Amendment Act 2016 Offence Heading inserted 30 August 2016 section 14 Shop Trading Hours Amendment Act 2016 5: Offence 1: The occupier of a shop that is not closed in accordance with section 3 2: For the purposes of subsection (1),— a: the occupier of a shop,— i: includes any agent, manager, supervisor, or other person acting or apparently acting in general management or control of the shop; and ii: where the shop is occupied by a corporation or body of persons (whether incorporated or not), includes the shop's working manager: b: a hawker or other person carrying on business by selling goods, or offering goods for sale by retail, otherwise than in a shop who— i: sells goods otherwise than in a shop; or ii: offers goods for sale otherwise than in a shop; or iii: delivers goods to a customer otherwise than in a shop,— is deemed to be the occupier of a shop that is not closed. 3: In any proceedings for an offence against this Act,— a: it is sufficient to allege in the charging document charging document b: the charge Section 5(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(3)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(3)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 2: Trading on Easter Sunday Part 2 inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 1: Local Easter Sunday shop trading policies Subpart 1 inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5A: Territorial authority may have local Easter Sunday shop trading policy 1: A territorial authority may have a local Easter Sunday shop trading policy to permit shops to open on Easter Sunday in an area comprising— a: the whole of its district; or b: any part or parts of its district. 2: A local Easter Sunday shop trading policy under subsection (1) may not— a: permit shops to open only for some purposes; or b: permit only some types of shops in the area to open; or c: specify times at which shops may or may not open; or d: include any other conditions as to the circumstances in which shops in the area may open. 3: Nothing in subsection (2) is intended to limit the territorial authority’s power to control any of the matters in subsection (2)(a) to (d) under any other enactment. 4: A local Easter Sunday shop trading policy under subsection (1)(b) must include either or both of the following: a: a map of the area: b: a clear description of the boundaries of the area so that they are easily identifiable in practice. 5: However, where a local Easter Sunday shop trading policy includes both a map and a description of the area and there is an inconsistency between the map and the description, the description prevails. Section 5A inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5B: Adoption, amendment, and revocation of local Easter Sunday shop trading policy 1: A territorial authority must use the special consultative procedure when deciding whether to— a: adopt a local Easter Sunday shop trading policy; or b: amend a local Easter Sunday shop trading policy; or c: revoke a local Easter Sunday shop trading policy. 2: Despite subsection (1)(b), a territorial authority may, by resolution made publicly available, make minor changes to, or correct errors in, a local Easter Sunday shop trading policy, but only if the changes or corrections do not affect an existing right of a person to whom the policy applies. 3: A territorial authority must,— a: as soon as practicable after adopting or amending a local Easter Sunday shop trading policy, make the policy publicly available; and b: as soon as practicable after deciding to revoke a local Easter Sunday shop trading policy, make publicly available the date on which the revocation is effective. Section 5B inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5C: Review of local Easter Sunday shop trading policy 1: This section applies if a territorial authority has adopted a local Easter Sunday shop trading policy under section 5B 2: The territorial authority must review the first local Easter Sunday shop trading policy adopted by the territorial authority no later than 5 years after adopting the policy. 3: Subsection (2) does not affect the ability of the territorial authority to review the policy, or any subsequent local Easter Sunday shop trading policy, at any other time. 4: A territorial authority that is reviewing a local Easter Sunday shop trading policy must use the special consultative procedure to decide whether to— a: amend the policy; or b: revoke the policy; or c: replace the policy; or d: continue the policy without amendment. 5: A local Easter Sunday shop trading policy that is not reviewed as required by subsection (2) is, if not earlier revoked by the territorial authority concerned, revoked on the day that is 2 years after the date by which the policy is required to be reviewed under that subsection. Section 5C inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5D: Delegation of power in relation to local Easter Sunday shop trading policies 1: A territorial authority may not delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority the power to make a final decision whether to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review. 2: Nothing in this section restricts the power of a territorial authority to delegate to a committee or other subordinate decision-making body, community board, or member or officer of the territorial authority the power to do anything before the exercise by the territorial authority (after consultation with the committee or body or person) of the power to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review. Section 5D inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5E: Chief executive to be notified of local Easter Sunday shop trading policy A territorial authority must, within 10 working days after the date on which the territorial authority adopts, amends, or revokes a local Easter Sunday shop trading policy,— a: notify the chief executive of the decision to adopt, amend, or revoke the policy; and b: provide to the chief executive— i: a copy of the resolution to adopt, amend, or revoke the policy; and ii: in the case of an adoption or amendment of a policy, a copy of, or an electronic link to, the policy. Section 5E inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 2: Shop employee rights Subpart 2 inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5F: Interpretation In this subpart, unless the context otherwise requires,— employer section 5 employment agreement section 5 shop employee section 6 Section 5F inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5G: Provision requiring shop employee to work, or be available to work, on Easter Sunday unenforceable A provision in a shop employee’s employment agreement (including an availability provision as defined in section 67D Section 5G inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5H: Shop employee’s right to refuse to work on Easter Sunday A shop employee— a: may refuse to work on Easter Sunday; and b: is not required to provide the employer with a reason for refusing to work on Easter Sunday. Section 5H inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5I: Employer’s obligation to notify shop employee of right to refuse to work on Easter Sunday 1: An employer who wants a shop employee to work on an Easter Sunday must give notice to the shop employee of his or her right to refuse to work on Easter Sunday. 2: A notice under subsection (1) must— a: be in writing; and b: be given,— i: in the case of a shop employee whose employment with the employer started more than 4 weeks before the relevant Easter Sunday, no earlier than 8 weeks and no later than 4 weeks before the relevant Easter Sunday; and ii: in the case of a shop employee whose employment with the employer started 4 weeks or less before the relevant Easter Sunday, as soon as is reasonably practicable after the shop employee’s employment with the employer starts; and c: be— i: delivered in person to the shop employee; or ii: sent by email to the shop employee; or iii: if a manner of giving notices is specified in the shop employee’s employment agreement, given in the manner specified. Section 5I inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5J: Shop employee’s obligation to notify employer of intention to refuse to work on Easter Sunday 1: A shop employee who intends to refuse to work on Easter Sunday must give notice to his or her employer of that intention. 2: A notice under subsection (1) must— a: be in writing; and b: be given,— i: in the case of a shop employee whose employment with the employer started more than 14 days before the relevant Easter Sunday, no later than 14 days after the date on which the shop employee receives a notice under section 5I ii: in the case of a shop employee whose employment with the employer started 14 days or less before the relevant Easter Sunday, as soon as is reasonably practicable after the shop employee receives a notice under section 5I c: be— i: delivered in person to the shop employee’s employer; or ii: sent by email to the shop employee’s employer; or iii: if a manner of giving notices is specified in the shop employee’s employment agreement, given in the manner specified. Section 5J inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5K: Employer’s obligation not to take certain actions 1: A shop employee’s employer, or a representative of that employer, must not— a: compel the shop employee to work on an Easter Sunday; or b: treat the shop employee adversely because the shop employee refuses to work on an Easter Sunday. 2: For the purposes of subsection (1)(a), an employer or a representative of an employer compels a: makes working on an Easter Sunday a condition of the employer continuing to employ the shop employee; or b: exerts undue influence on the shop employee with a view to inducing the shop employee to work on an Easter Sunday; or c: requires the shop employee to work on Easter Sunday without giving the shop employee notice under section 5I section 5H 3: For the purposes of subsection (1)(b), treat the shop employee adversely treats an employee adversely section 67F Section 5K inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 5L: Personal grievance 1: A claim by a shop employee that the shop employee’s employer, former employer, or a representative of the employer has contravened section 5K a: is a grievance that the shop employee may have against the employer or the former employer; and b: is a personal grievance as if the claim were a claim listed in section 103(1) 2: The Employment Relations Act 2000 Section 5L inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016 3: Miscellaneous matters Part 3 heading inserted 30 August 2016 section 16 Shop Trading Hours Amendment Act 2016 6: Shop Trading Hours Act 1977 repealed 1: The following enactments are hereby repealed: a: the Shop Trading Hours Act 1977 b: the Shop Trading Hours Amendment Act 1979 c: the Shop Trading Hours Amendment Act 1980 d: the Shop Trading Hours Amendment Act 1982 e: the Shop Trading Hours Amendment Act 1989 2: Amendment(s) incorporated in the Act(s) 3: Amendment(s) incorporated in the Act(s) 4: Amendment(s) incorporated in the Act(s) 5: Amendment(s) incorporated in the Act(s) 6: Every— a: order under section 17A or section 20 of the repealed Act b: authority under section 13(2) or section 15 of the repealed Act c: order or exemption under the Shops and Offices Act 1955 is hereby consequentially revoked. 7: The Shop Trading Hours (Approved Goods Extension) Notice 1990 8: The Shop Trading Hours Commission established by section 4(1) of the repealed Act 9: On the commencement of this Act,— a: the files and records of the said Shop Trading Hours Commission shall be deemed to have become files and records of the Department of Labour; and the Secretary of Labour shall deal with them accordingly; and b: its debts, assets, liabilities, and other property shall become debts, assets, liabilities, and other property of the Minister of Labour. 7: Consequential protection for certain workers 1: In this section, and (both as part of this Act and when deemed by this section to have been inserted into any industrial document) in the provisions set out in Schedule 1 at night existing document Labour Relations Act 1987 industrial document Labour Relations Act 1987 protected day Te Rā Aro ki a Matariki/Matariki Observance Day, protected worker protective provisions Schedule 1 shop worker subsequent document section 2(2) and (3) 2: In any provision deemed by this section to have been inserted in any industrial document, the term shop section 2 3: After the commencement of this Act, the protective provisions shall be deemed to have been inserted into every existing document (but in such a way as to apply only to the shop workers to whom the document applies). 4: Subject to subsections (5) and (6), where any of the protective provisions has been deemed by this section to have been inserted into an industrial document, that provision shall be deemed to have been inserted into any subsequent document negotiated under the Labour Relations Act 1987 5: Where any of the protective provisions has been deemed by this section to have been inserted into an industrial document, that provision may— a: by agreement between the parties; or b: as a consequence of arbitration agreed by the parties,— in any subsequent document negotiated under the Labour Relations Act 1987 6: Where any of the protective provisions has been deemed by this section to have been inserted into an industrial document, there may— a: by agreement between the parties; or b: as a consequence of arbitration agreed by the parties,— be contained in a subsequent document a provision declared (in the provision itself or another provision of the document) to be the protective provision in an amended form; and in that case the protective provision concerned shall not thereafter be deemed by subsection (4) to have been inserted into the subsequent document or any further subsequent document (whether in its original form or in any amended form). 7: To every industrial document into which any protective provisions are deemed by subsection (4) to have been inserted there shall be attached an annex, numbered in accordance with Schedule 1 a: setting out in full— i: those inserted provisions; and ii: the definition in section 2 iii: the definitions in subsection (1) of the terms at night, protected day, protected worker, and shop worker; and b: stating that by virtue of the Shop Trading Hours Act Repeal Act 1990 those inserted provisions apply to all shop workers to whom the document applies; and c: specifying the protective provisions that— i: have under subsection (5) been omitted from the document; or ii: having under subsection (6) been contained in an earlier industrial document in an amended form, have since been omitted; and d: specifying (by reference both to each protective provision concerned and to the appropriate provision or provisions of the document) the protective provisions that— i: have under subsection (6) been contained in the document in an amended form; or ii: having under subsection (6) been contained in an earlier industrial document in an amended form, are now contained in the document in a form that has been further amended. 8: An annex attached to an industrial document pursuant to subsection (7) is not part of the document. 9: Where provisions are deemed by this section to have been inserted into an industrial document,— a: the other provisions of the document shall be construed in a sense consistent with the inserted provisions, whenever such a construction is appropriate and reasonable; and b: subject to paragraph (a), to the extent that other provisions of the document give workers protection greater or more advantageous than the protection given by the inserted provisions, they shall prevail over the inserted provisions; and c: subject to paragraphs (a) and (b), to the extent that the inserted provisions conflict with other provisions of the document, the inserted provisions shall prevail. Section 7(1) amended 30 August 2016 section 17(1) Shop Trading Hours Amendment Act 2016 Section 7(1) protected day amended 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 7(1) protective provisions amended 30 August 2016 section 17(1) Shop Trading Hours Amendment Act 2016 Section 7(1) subsequent document amended 30 August 2016 section 17(2) Shop Trading Hours Amendment Act 2016 Section 7(7) amended 30 August 2016 section 17(1) Shop Trading Hours Amendment Act 2016 7A: Further consequential protection for certain workers Section 7A repealed 30 August 2016 section 18 Shop Trading Hours Amendment Act 2016 8: Effect of certain provisions in leases, etc 1: No mandatory opening provision in a lease, licence, contract, covenant, or agreement, entered into or made before 12 November 1980 shall so be construed as to require the opening of any shop at any time on a Saturday, unless the shop was on 11 November 1980 entitled to be open at that time by virtue of an authority or order under section 13(2), section 15, or section 20 of the repealed Act 2: No mandatory opening provision in a lease, licence, contract, covenant, or agreement, entered into or made before 1 August 1990 shall so be construed as to require the opening of any shop at any time— a: on any day that is a Sunday, New Year's Day, the day after New Year's Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, b: between 9 pm on any day and 7 am the next day,— unless the shop was, on 31 July 1990, entitled to be open at that time by virtue of an authority or order under section 13(2), section 15, section 17A, or section 20, of the repealed Act 2A: A mandatory opening provision in a lease, licence, contract, covenant, or agreement entered into, or made before, the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 section 4A 2B: Subsection (2A) does not apply to a shop that, before the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 section 4 2C: A mandatory opening provision in a lease, licence, contract, covenant, or agreement that was entered into or made before the commencement of the Shop Trading Hours Amendment Act 2016 section 4B 2D: Subsection (2C) does not apply to a shop that, before the commencement of the Shop Trading Hours Amendment Act 2016 section 4 4A 3: In this section, mandatory opening provision a: requiring the shop to be open at all times when it may lawfully be open; or b: requiring the shop to be open whenever required to be open by a specified person, or a person of a specified class or description; or c: specifying hours and days on which the shop should be open, and requiring it to be open during those hours on those days to the extent that it may lawfully be open then. Section 8(2)(a) amended 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(2A) inserted 11 April 2001 section 6 Shop Trading Hours Act Repeal Amendment Act 2001 Section 8(2B) inserted 11 April 2001 section 6 Shop Trading Hours Act Repeal Amendment Act 2001 Section 8(2C) inserted 30 August 2016 section 19 Shop Trading Hours Amendment Act 2016 Section 8(2D) inserted 30 August 2016 section 19 Shop Trading Hours Amendment Act 2016 9: Prosecutions 1: Every prosecution under the repealed Act initiated by an information laid before 1 August 1990 shall proceed as if section 6 2: Every prosecution under section 5 Shop Trading Hours Act Repeal Amendment Act 2001 Section 9(2) added 11 April 2001 section 7 Shop Trading Hours Act Repeal Amendment Act 2001

DLM213378

1990

Foundation for Research, Science, and Technology Act 1990

1: Short Title and commencement 1: This Act may be cited as the Foundation for Research, Science, and Technology Act 1990. 2: This Act shall come into force on the day after the date on which it receives the Royal assent. 2: Interpretation In this Act, unless the context otherwise requires,— Foundation section 4 Minister Ministerial scheme section 8A Ministry outputs public good science and technology a: that is likely to increase knowledge or understanding of the physical, biological, or social environment; or b: that is likely to develop, maintain, or increase skills or scientific or technological expertise that is of particular importance to New Zealand; or c: that may be of benefit to New Zealand, but is unlikely to be funded, or adequately funded, from non-governmental sources: research a: means— i: scientific research: ii: technological research; and b: includes scientific development and technological development, and related services: science scientific Section 2 substituted 1 April 1993 section 2 Foundation for Research, Science, and Technology Amendment Act 1993 3: Act binds the Crown This Act binds the Crown. 4: Foundation for Research, Science, and Technology 1: There is hereby established a foundation called the Foundation for Research, Science, and Technology. 2: The Foundation is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 5: Functions 1: The functions of the Foundation are— a: to allocate funds for the production of outputs relating to public good science and technology: b: to allocate funds pursuant to ministerial schemes: c: to provide independent policy advice to the Minister on matters relating to research, science, and technology, including advice on national priorities for those matters. 2: The Foundation's advice on matters relating to national priorities for research, science, and technology shall be formulated after consultation between the Foundation and representatives of industry, researchers, Maori, and the community. 3: In order to ensure that the views of industry, researchers, Maori, and the community are able to be considered in the formulation of the Foundation's advice on other matters, the Foundation shall institute a programme of regular consultation with representatives of industry, researchers, Maori, and the community, but nothing in this subsection shall be taken to require such consultation before each and every occasion on which such advice is formulated. 4: The Foundation shall ensure that the advice that it provides to the Minister on national priorities for research, science, and technology is publicised by such means as appear to the Foundation to be necessary to ensure that the advice is readily available to researchers and the public as soon as practicable after the advice is provided to the Minister. Section 5 substituted 1 April 1993 section 3 Foundation for Research, Science, and Technology Amendment Act 1993 6: Powers of Foundation Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 7: Foundation to adhere to Government priorities 1: The Minister shall from time to time, at intervals of not more than 3 years, advise the Foundation, by notice in writing, of the priorities that the Foundation shall adhere to in carrying out its functions under section 5(1)(a) 2: The Foundation shall carry out its functions under section 5(1)(a) 3: Nothing in subsection (1) of this section authorises the Minister to give a direction under that subsection in respect of the production, by a particular person, of outputs relating to public good science and technology. 4: This section applies in addition to sections 103 115 Section 7 substituted 1 April 1993 section 4(1) Foundation for Research, Science, and Technology Amendment Act 1993 Section 7(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 8: Contracts in relation to use of funds In carrying out its functions under section 5(1)(a) a: ensure that the process for determining the allocation of funds for the production of outputs relating to public good science and technology is designed to ensure contestability in the allocation of those funds; and b: ensure by the terms of contracts pursuant to which the Foundation funds the production of outputs relating to public good science and technology c: adopt measures to ensure that those terms are complied with. Section 8 amended 1 April 1993 section 5 Foundation for Research, Science, and Technology Amendment Act 1993 Section 8(a) substituted 27 September 2001 section 3 Foundation For Research, Science, and Technology Amendment Act 2001 8A: Foundation to fund schemes at direction of Minister 1: Subject to subsections (3) and (4) of this section, the Minister may, from time to time, by notice in writing to the Foundation, direct the Foundation to allocate funds in accordance with such scheme as is specified in the notice, and the Foundation shall comply with the direction. 2: Any direction given by the Minister pursuant to subsection (1) of this section may be in like manner amended or revoked at any time. 3: The Minister may direct the Foundation to allocate funds in accordance with a ministerial scheme only if— a: the scheme is intended to do any 1 or more of the following: i: develop, or assist in the development of, skills relating to research, science, and technology, or any of them: ii: facilitate research: iii: promote or facilitate the application of the results of research: iv: promote or facilitate the application of technological developments; and b: the Minister is satisfied that the Foundation has, or will have, sufficient money available to it to fund the scheme. 4: Nothing in this section authorises the Minister to direct the Foundation to allocate funds to or for the benefit of a particular person. 5: Every direction direction a: the nature of the scheme; and b: the objectives of the scheme; and c: an estimate of the amount of funds that will be required to be allocated by the Foundation for the purposes of the scheme; and d: an estimate of the period for which the scheme will operate; and e: the agency that is to monitor the scheme. 6: Sections 8A inserted 1 April 1993 section 6 Foundation for Research, Science, and Technology Amendment Act 1993 Sections 8A(3)(a) substituted 27 September 2001 section 4 Foundation For Research, Science, and Technology Amendment Act 2001 Sections 8A(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Sections 8A(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 8B: Further provisions relating to ministerial schemes 1: The Foundation shall fund a ministerial scheme only out of— a: money appropriated by Parliament for the purposes of the scheme: b: any accumulation of income derived from money appropriated by Parliament for the purposes of the scheme. 2: The funding, by the Foundation, of a ministerial scheme shall take the form of the allocation of funds by the Foundation, and, subject to section 161 3: In particular, the Foundation shall not, in funding any ministerial scheme, require or permit the allocation, to or for the benefit of the Foundation, of any equity securities or debt securities (as those terms are defined in the Securities Act 1978 4: Where, pursuant to section 8A(1) 5: In funding a ministerial scheme, the Foundation shall, to the extent that, in the opinion of the Foundation, it is practicable to do so,— a: ensure, by the terms of contracts pursuant to which funds are made available to persons pursuant to the scheme, that those persons are obliged— i: to attain specified standards of performance in relation to the use of those funds; and ii: to account for the use of the funds; and b: adopt measures to ensure that those terms are complied with. Sections 8B inserted 1 April 1993 section 6 Foundation for Research, Science, and Technology Amendment Act 1993 Section 8B(2) amended 25 January 2005 section 200 Crown Entities Act 2004 8C: Provision of information 1: The Foundation must supply any information that the Minister requests to any person or class or classes of persons that the Minister specifies. 2: The Minister may request information to be supplied only if the supply of the information is necessary for the purposes of monitoring a ministerial scheme. 3: Subsection (1) does not limit section 133 4: No member of the Foundation, and no officer or employee of the Foundation, who acts in accordance with a request or direction under this section is liable to any person under any other enactment or rule of law by reason of acting in accordance with that request or direction. Section 8C substituted 25 January 2005 section 200 Crown Entities Act 2004 9: Membership of Foundation 1: The Foundation shall consist of not fewer than 5 nor more than 9 members 2: 3: 3A: Members of the Foundation are the board for the purposes of the Crown Entities Act 2004 4: 5: Section 9(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 9(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 10: Co-opted members Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 11: Disclosure of interests Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004 12: Review of operation of Act 1: As soon as practicable after the expiry of the period of 3 years beginning on the date of commencement of this Act, and then at intervals of not more than 5 years, the Foundation and the Ministry shall each— a: review the operation of this Act since— i: the date of its commencement (in the case of the first review carried out under this paragraph); or ii: the date of the last review carried out under this paragraph by the Foundation (in the case of every subsequent review carried out by the Foundation); or iii: the date of the last review carried out under this paragraph by the Ministry (in the case of every subsequent review carried out by the Ministry); and b: consider— i: whether the Foundation should be retained or abolished; and ii: whether any amendments to this Act are necessary or desirable; and c: report their findings to the Minister. 2: As soon as practicable after receiving a report from the Foundation or the Ministry under subsection (1)(c) of this section, the Minister shall lay a copy of that report before the House of Representatives. 13: Further provisions applying to Foundation The provisions set out in Schedule 1 14: Consequential amendments and repeals 1: The enactments specified in Schedule 2 2: The following enactments are hereby consequentially repealed: a: section 2 of the Carter Observatory Amendment Act 1977 b: section 18(4)

DLM210904

1990

Dumping And Countervailing Duties Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Dumping and Countervailing Duties Amendment Act 1990 and shall be read together with and deemed part of the Dumping and Countervailing Duties Act 1988 2: This Act shall come into force on the 1st day of July 1990. 2: Sections 2 to 3 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 3: Sections 2 to 3 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 4: 5: 6: 7: Sections 7 to 10 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 8: Sections 7 to 10 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 9: Sections 7 to 10 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 10: Sections 7 to 10 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 11: 12: Sections 12 to 14 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 13: Sections 12 to 14 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 14: Sections 12 to 14 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 15: 16: Transitional provisions in respect of goods of Australian origin 1: Any investigation that, immediately before the commencement of this section, was being carried out by the Secretary pursuant to section 10 2: Nothing in sections 12 to 17 section 10 3: Notwithstanding section 19(1) section 186L of the Customs Act 1966 section 2(1) of the Customs Amendment Act (No 3) 1987 section 186H of that Act 4: Notwithstanding section 19(2) section 186A of the Customs Act 1966 section 11 of the Customs Acts Amendment Act (No 2) 1983 5: Nothing in subsections (2) (3) (4)

DLM214628

1990

State Sector Amendment Act 1990

1: Short Title This Act may be cited as the State Sector Amendment Act 1990, and shall be read together with and deemed part of the State Sector Act 1988 2: 3: Savings provision Notwithstanding the repeal of section 84 section 2 retirement scheme (within the meaning of section 6(1) Section 3 amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013

DLM214112

1990

Finance Act (No 2) 1990

1: Short Title and commencement 1: This Act may be cited as the Finance Act (No 2) 1990. 2: Except as provided in sections 10(2) 11(2) 12(2) 2: Interpretation In this Act, unless the context otherwise requires,— appointed day section 5 the Bank Companies Act 1955 section 2(5) of the Companies Act 1955 bonus bonds Public Finance Act 1989 section 4 the Crown Minister Post Office bonus bonds Post Office Act 1959 3: Meaning of approved unit trust 1: In this Act approved unit trust (within the meaning of section YA 1 unit trust Gazette 2: The Minister shall not approve, under subsection (1), a unit trust that makes provision for interests to be held by persons who become unit holders by reason only of having been the holders of bonus bonds or Post Office bonus bonds unless— a: the Minister is satisfied that the rights conferred on those persons are not, subject to this Act, substantially different from the rights which those persons had as the holders of those bonds; and b: the unit trust deed provides that, for at least 2 years after the appointed day, the unit trust is required, if requested to do so, to buy back or redeem those interests deemed to have been issued to those persons. 3: For the purposes of the distribution of prizes retaining the characteristics of a lottery no unit in an approved unit trust shall have a better chance of winning a prize than 1 in 9 600. Section 3(1) amended 24 February 2016 section 301 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 3(3) substituted 8 August 1991 section 28 Finance Act 1991 4: Changes to prize structure 1: The Governor-General may from time to time, by Order in Council 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Holders of bonus bonds and Post Office bonus bonds to become unit holders in approved unit trust 1: On a date to be appointed by the Governor-General by Order in Council every person who, immediately before the date appointed, is the holder of a bonus bond or a Post Office bonus bond shall become the holder of a unit or units in an approved unit trust specified in the order corresponding in number to the number of units representing each dollar evidenced by the bond subject to all the rights and obligations attaching to that unit or those units by virtue of the unit trust as if that person had become the holder by subscription. 2: On the appointed day all rights and interests existing under and by virtue of bonus bonds or Post Office bonus bonds shall cease. 3: 4: Nothing in this section limits or prevents the issue of units in an approved unit trust to persons other than persons previously holding bonus bonds or Post Office bonus bonds. 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 5(3) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 6: Guarantee by Crown 1: The Crown hereby guarantees, for a period of 2 years commencing on the appointed day, the performance of all obligations arising under an approved unit trust in respect of units deemed to have been issued to persons who were previously the holders of bonus bonds and Post Office bonus bonds. 2: Any money that is required to be paid by the Crown under subsection (1) shall be paid out of a Crown Bank Account 3: Any money required to be paid by the Crown under subsection (1) shall constitute a debt due to the Crown by the unit trust and shall be recoverable as such in any court of competent jurisdiction. Section 6(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 7: Use of term bonus bonds 1: On and after the appointed day the Bank shall have the sole and exclusive right to use of the term bonus bonds 2: Except as provided in subsection (1), no person shall use the words bonus bond bonus bonds 8: Application of section 11(2) of Unit Trusts Act 1960 from 1 October 1997 Section 8 repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 9: Application of Gambling Act 2003 Nothing in the Gambling Act 2003 a: the purchase or subscription of units in an approved unit trust; or b: any cash prize payable to the holders of such units; or c: the holding of ballots for the distribution of prizes to the holders of such units. Section 9 heading amended 1 July 2004 section 374 Gambling Act 2003 Section 9 amended 1 July 2004 section 374 Gambling Act 2003 9A: Application of Securities Act 1978 Section 9A repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 10: Amendment to Income Tax Act 1976 Section 10 repealed 1 April 2005 section YA 2 Income Tax Act 2004 11: Amendments to Post Office Bank Act 1987 1: Amendment(s) incorporated in the Act(s) 2: This section shall come into force on the appointed day. Section 11(2) this section brought into force 1 October 1990 (SR 1990/255). 12: Revocation 1: The Post Office Bonus Bonds Interest Notice 1981 (SR 1981/315) is hereby revoked. 2: This section shall come into force on the appointed day. Section 12(2) this section brought into force 1 October 1990 (SR 1990/255).

DLM214653

1990

Fisheries Amendment Act (No 2) 1990

1: Short Title This Act may be cited as the Fisheries Amendment Act (No 2) 1990, and shall be read together with and deemed part of the Fisheries Act 1983 2: Special regulations may relate to freshwater fish farming 1: This subsection amended section 91(e) 2: Until fees for the issue, revocation, renewal, and transfer of licences in respect of the operation of fish farms are in fact prescribed under section 91 a: For the issue, revocation, renewal, or transfer of a licence to process or deal in the produce of a fish farm, a fee of $112.50; and b: For the issue, revocation, renewal, or transfer of any other licence in respect of the operation of a fish farm, a fee of $225;— inclusive, in each case, of goods and services tax under the Goods and Services Tax Act 1985 3: The notice fixing fish farm licence fees (Notice No 3171; Ag 9/2/0/2) made on the 21st day of December 1983, and published in the Gazette

DLM206959

1990

Fisheries Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Fisheries Amendment Act 1990, and shall be read together with and deemed part of the Fisheries Act 1983 2: Except as otherwise provided in this Act, this Act shall come into force on the day on which it receives the Royal assent. 2: Interpretation 1: This subsection substituted the definition of the term lease section 2(1) 2: This subsection inserted the definition of the term total allowable commercial catch section 2(1) 3: Section 2(4) of the Fisheries Amendment Act 1986 is hereby consequentially repealed. 4: Unless the context otherwise requires, every reference in every other enactment or in any regulation or notice made under the principal Act to the term total allowable catch Part 2A total allowable commercial catch 3: 4: 5: New sections substituted 1: This subsection substituted new sections 28C 28CA 28D 2: Section 50 of the Maori Fisheries Act 1989 is hereby consequentially repealed. 3: For the avoidance of doubt, it is hereby declared that the words appearing in section 28D(1)(a)(i) section 28C(1) total allowable commercial catch commercial 6: 7: 8: 9: 10: 11: 12: 13: 14: Allocation of individual transferable quota 1: This subsection inserted subsection 28O(1A) 2: This subsection amended section 28O(2) 3: This subsection substituted paragraph for 28O(6)(a) 4: Notwithstanding anything in section 28O(1A) a: The Crown may, to the extent that it is not inconsistent with the interim order or any variation to that order, deal with quota for squid in accordance with section 28T section 20 b: The provisions of the said section 28T 15: 16: 17: 18: 19: 20: 21: 22: Taking of fish in excess of quota, and carrying forward of unused quota 1: This subsection substituted section 28V 2: Nothing in subsection (1) of this section shall apply to restrict the right of any holder or lessee or lessor of quota to take additional fish under the quota to the extent that any lease of the quota was registered under sections 28P 28Q section 28V 3: Section 66 of the Maori Fisheries Act 1989 is hereby consequentially repealed. 23: 24: 25: 26: 27: 28: Section 28 repealed 1 October 1994 section 8(3)(b) Fisheries Amendment Act 1994 29: 30: 31: 32: 33: New heading and section substituted 1: This subsection substituted section 66 2: This subsection amended section 67B(1) 3: Schedule 3 Fisheries Act 1983 section 66(3) 4: This section shall come into force on the 1st day of October 1990. 34: 35: 36: 37: 38: 39: Director-General may direct that transfer or lease of quota not to be registered pending laying of information for quota management offence 1: This subsection inserted section 80A 2: This section shall come into force on a date to be fixed by the Governor-General by Order in Council. 40: Act not to apply to taking of fish in certain circumstances 1: This subsection substituted subsections 88(1) and (1A) 2: Section 22 of the Fisheries Amendment Act 1986 is hereby consequentially repealed. 41: 42: 43: 44: Liability of directors and managers The principal Act is hereby amended by repealing section 94 45: 46: 47: 48: 49: 50: Defences available to commercial fisherman taking unauthorised fish 1: This subsection inserted section 105A 2: Section 75 of the Maori Fisheries Act 1989 is hereby deemed to be repealed as from its commencement. 51: 52: New sections substituted 1: This subsection substituted sections 107B 107C 2: The Public Finance Act 1989 section 107B(5) 3: Sections 76 and 77 of the Maori Fisheries Act 1989 are hereby deemed to be repealed as from their commencement. 4: Subsections (1) and (2) of this section shall come into force on a date to be fixed by the Governor-General by Order in Council. 53: 54: 55: Section 55 repealed 1 October 1994 section 8(3)(b) Fisheries Amendment Act 1994 56: Section 56 repealed 1 October 1994 section 8(3)(b) Fisheries Amendment Act 1994 57: 58:

DLM211890

1990

Wellington Airport Act 1990

1: Short Title This Act may be cited as the Wellington Airport Act 1990. 2: Interpretation In this Act, unless the context otherwise requires,— agreement section 29(1) airport airport assets a: any assets declared by the Ministers by any notice in the Gazette b: airport reserves other than any airport reserves designated by the Minister of Finance by any notice in the Gazette c: any assets owned by the Crown that are used for airways services or safety; or d: any assets owned by the Crown that are used for meteorological purposes airport liabilities Gazette airport reserves assets section 29(1) company section 4 Council debt security section 2(1) equity security section 2(1) joint venture agreement land section 2 liabilities section 29(1) local authority section 2 Ministers vesting day section 7 1987 No 195 s 2 1988 No 18 s 2 Section 2 Ministers substituted 1 February 1998 section 2 Wellington Airport Amendment Act 1996 3: Act to bind the Crown This Act shall bind the Crown. 1987 No 195 s 3 4: Incorporation of company to own and operate Wellington International Airport 1: Notwithstanding any enactment or rule of law, the Ministers may form and register under the Companies Act 1955 a: has such name as the Ministers shall decide; and b: has a memorandum of association and articles of association in such form as the Ministers may determine. 2: The Ministers and their nominees may subscribe for equity securities in the company to be issued on its incorporation. 3: The Ministers may subscribe for or hold any other equity securities or debt securities issued by the company. 4: The memorandum of association and articles of association of the company shall be laid before the House of Representatives by the Minister of Civil Aviation and Meteorological Services within 12 sitting days after the incorporation of the company. 5: All money required to be paid by the Ministers on subscribing or applying for, or being allotted, equity securities or debt securities of the company shall be paid for out of a Crown Bank Account 6: The Ministers may from time to time exercise all or any of the Crown's rights and powers as the holder of any equity securities or any debt securities of the company. 7: On and after the vesting day the company shall be deemed to be an airport company within the meaning, and for the purposes, of the Airport Authorities Act 1966 8: Nothing in section 134 of the Companies Act 1955 section 3A 1987 No 195 s 4 1988 No 128 s 28(1) Section 4(5): amended 25 January 2005 section 65R(3) Public Finance Act 1989 4A: Provisions relating to holding of securities by Minister 1: Equity securities and debt securities issued by the company and held in the name of a person described as one of the Ministers shall be held by the person for the time being holding the office of that Minister. 2: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities upon a change in the person holding the office of the shareholding Minister. 3: A Minister may at any time or times, by written notice to the company, authorise, on such terms and conditions as are specified in the notice, such person as the Minister thinks fit to act as the Minister's representative at any or all of the meetings of shareholders of the company or of any class of such shareholders, and any person so authorised shall be entitled to exercise the same powers on behalf of the Minister as the Minister could exercise if present in person at the meeting or meetings. Section 4A inserted 10 August 1992 section 39 Civil Aviation Amendment Act 1992 4B: Application of Companies Act 1955 to airport company 1: Notwithstanding the Companies Act 1955 7 section 13(1) of the Companies Act 1955 2 2: In the application of the Companies Act 1955 Companies Act 1955 a: section 41 b: section 217(d) c: section 219(a)(i) 3: Subsections (1) and (2) shall have effect only if all equity securities in the airport company are held by— a: a Minister of the Crown or his or her nominee; or b: a local authority within the meaning of the Local Government Act 2002 c: any combination of persons referred to in paragraphs (a) and (b),— and shall cease to have effect upon the transfer of any equity securities in the airport company to any other person. Section 4B inserted 10 August 1992 section 39 Civil Aviation Amendment Act 1992 Section 4B(3)(b) amended 1 July 2003 section 262 Local Government Act 2002 5: Restrictions on issue and transfer of shares Section 5 expired 1 May 1992 clause 2 Wellington Airport Act Order 1992 6: Expiry of section 5 1: Section 5 2: Nothing in section 4 section 5 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Vesting of airport assets and airport liabilities in company 1: The Ministers may, at any time or times, prepare a list or lists specifying the airport assets and airport liabilities which in the opinion of the Ministers should be vested in the company in accordance with this Act. 2: Every list prepared under subsection (1) shall— a: contain a description of each asset and liability, either individually or as a group or class; and b: state the value attributed by the Ministers to each asset and liability, either individually or as a group or class; and c: be signed by the Ministers; and d: be laid before the House of Representatives by the Minister for State-Owned Enterprises 3: The Governor-General may, at any time or times, by Order in Council, vest in the company on a date specified in the order the airport assets and airport liabilities specified in the order, being assets and liabilities set out in a list prepared pursuant to subsection (1) and which is referred to in the order. 4: Every Order in Council under subsection (3) shall— a: specify the kind, number, nominal value, and terms of any equity securities that shall be issued by the company consequent upon the vesting in it of the airport assets and airport liabilities referred to in the order; and b: specify the kind, number, nominal value, and terms (including interest) of any debt securities that shall be issued by the company consequent upon the vesting in it of the airport assets and airport liabilities referred to in the order; and c: specify the date on which the equity securities and debt securities shall be issued. 5: On the date specified in the Order in Council pursuant to subsection (4)(c) the company shall— a: issue to the Ministers and the Council in accordance with subsection (6), and as fully paid up, equity securities of such kind, number, nominal value, and terms as are specified in the order: b: issue to the Ministers and the Council in accordance with subsection (7) debt securities of such kind, number, nominal value, and terms as are specified in the order. 6: Equity securities issued by the company under subsection (5) shall be issued— a: 66% to the Ministers in equal proportions; and b: 34% to the Council— except that on the first issue of such equity securities under paragraph (a) the equity securities issued shall be reduced by the number of equity securities subscribed for and issued on the incorporation of the company. 7: Debt securities issued under subsection (5) shall be issued— a: 66% to the Minister of Finance; and b: 34% to the Council. 8: Nothing in subsections (1)(b) and (2) of section 60 of the Companies Act 1955 9: Assets that are fixed to, or are under or over, any land may vest in the company under this Act notwithstanding that no interest in the land also vests in the company under this Act and in any such case the asset and the land shall be regarded as separate assets each capable of separate ownership. 10: Land to which any assets are fixed, and land under or over which are any assets, may vest in the company under this Act notwithstanding that no interest in the assets also vests in the company under this Act and in any such case the asset and the land shall be regarded as separate assets each capable of separate ownership. 11: 1987 No 195 s 7 1988 No 18 s 3 Section 7(2)(d) amended 1 February 1998 section 3 Wellington Airport Amendment Act 1996 Section 7(11) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 8: Additional provisions relating to vesting of airport assets and airport liabilities in company 1: Nothing effected or authorised by this Act— a: shall be regarded as placing the Crown, the Council or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or b: shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or c: shall be regarded as placing the Crown, the Council or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or d: shall release any surety from any obligation; or e: shall invalidate or discharge any contract or security. 2: Where an asset or liability is vested in the company under this Act— a: the Crown, or the Council, as the case may be, shall remain liable to any third party as if the asset or liability had not been so vested; and in any such case the company shall indemnify the Crown, or the Council in respect of any liability arising under this subsection: b: any satisfaction or performance by the company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown, or the Council, as the case may be: c: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the company shall be deemed to be also to the benefit of the Crown, or the Council, as the case may be. 3: District Land Registrars are hereby authorised and directed to make such entries in their respective registers and do everything necessary to give effect to the vesting of any land or any estate or interest in land under this Act. 4: The provisions of this Act that provide for the vesting of assets or liabilities in the company shall have effect notwithstanding any enactment, rule of law or agreement and, in particular, but without limitation, the provisions of this Act that provide for the vesting of land in the company shall have effect notwithstanding any provision contained in the Land Act 1948 Reserves Act 1977 Public Works Act 1981 4A: Where land has been transferred to the company under this Act, sections 40 41 5: A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that any land described in the certificate, or described in any document on which the certificate appears, is land to which subsection (4) applies, shall be sufficient evidence, in the absence of proof to the contrary, that that subsection applies to the land. 6: All land that vests in the company and that is subject to the Land Act 1948 Reserves Act 1977 Land Act 1948 Reserves Act 1977 7: Where by virtue of this Act any land vests in the company the land shall vest in the company for an estate in fee simple subject to all leases, agreements to lease, and easements existing in respect of any part of that land immediately before the land vests in the company but otherwise freed and discharged from all trusts and reservations affecting it. 1986 No 124 s 24(3) 1987 No 195 s 7 Section 8(4A) inserted 10 August 1992 section 39 Civil Aviation Amendment Act 1992 9: Local Authorities (Employment Protection) Act 1963 applied 1: The Local Authorities (Employment Protection) Act 1963 section 55 a: the company was a local authority for the purposes of that Act; and b: the operation of the airport was an undertaking or function transferred from the Council to the company; and c: the vesting day was the date of transfer; and d: in section 5(2) of that Act Minister, after consultation with the Minister charged with the administration of the Act under which the local authorities or any of them are constituted and after making such other inquiries as he thinks fit, determines Minister of Local Government and the Minister of Civil Aviation and Meteorological Services shall determine e: every reference in that Act to the expression 2 years 1 year 2: No person to whom the Local Authorities (Employment Protection) Act 1963 3: Nothing in the Local Authorities (Employment Protection) Act 1963 1987 No 195 s 8 10: Joint venture agreement dissolved 1: Subject to subsection (2), on the vesting day the joint venture agreement shall, by virtue of this section, be deemed to be unenforceable and of no effect. 2: Nothing in subsection (1) limits or affects the liability of any person for breach of the joint venture agreement by reason of any act or omission before the vesting day. 1987 No 195 s 9 11: Airport reserves 1: Notwithstanding the Civil Aviation Act 1964 2: Every notice given under subsection (1) shall be published in the Gazette 3: On the date specified in the notice, not being a date earlier than 28 days after the notice is given, or on such later date as may be agreed to by the Minister at the request of the Council, the Council shall, notwithstanding the Civil Aviation Act 1964 4: The amount required to be paid or the securities required to be transferred by the Council pursuant to a notice under this section shall be paid or transferred— a: 66% to the Crown; and b: 34% to the Council. 5: Where all or any money payable to the Crown under this section is not paid or securities required to be transferred to the Crown are not transferred, as the case may be, on or before the date specified in the notice or otherwise agreed by the Minister as the date for payment or transfer, the Council shall pay interest to the Crown— a: in a case where the Council is required to pay money to the Crown, at the rate of interest specified by the Minister on the amount required to be paid: b: in a case where the Council is required to transfer securities to the Crown, at the rate of interest specified by the Minister on the market value of the securities on the date on which the securities are required to be transferred. 6: A notice may be given under this section whether or not the company has been formed and registered and whether or not the vesting day has been specified. 7: All money paid to the Crown pursuant to this section shall be paid into a Crown Bank Account Civil Aviation Act 1964 8: Any securities transferred to the Crown pursuant to this section may, notwithstanding the Civil Aviation Act 1964 9: Any amount paid to the Crown on redemption of such securities or on the sale or other disposition of such securities and any interest received in respect of such securities shall be paid into a Crown Bank Account Civil Aviation Act 1964 10: Any money paid to the Council pursuant to this section may, notwithstanding the Civil Aviation Act 1964 11: Any securities transferred to the Council pursuant to this section may, notwithstanding the Civil Aviation Act 1964 12: Any amount paid on redemption of such securities or on the sale or other disposition of such securities and any interest received in respect of such securities, may, notwithstanding the Civil Aviation Act 1964 1987 No 195 s 10(1)–(4), (6)–(13) Section 11(7) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 11(9) amended 25 January 2005 section 65R(3) Public Finance Act 1989 12: Duty to act in furtherance of objects of Act 1: The Crown and the Council shall at all times do everything in their power to achieve the objectives of this Act and for that purpose, but without limitation, shall do everything in their power to— a: preserve all airport assets pending the vesting of those assets in the company: b: assist in the preparation of any list or lists of airport assets and airport liabilities: c: enable the company to take possession of airport assets vested in it under this Act: d: assist in ascertaining the airport reserves and supplying details relating to investments of those reserves: e: assist in the transfer of employees to the company. 2: The Council shall not, without the written consent of the Ministers,— a: dispose of, or charge, any airport asset; or b: enter into, or grant, any lease, licence, concession or other franchise agreement or arrangement of more than 12 months duration relating to an airport asset; or c: extend the term of any lease, licence, concession or other franchise agreement or arrangement relating to an airport asset for a period exceeding 12 months. 1987 No 195 s 12 13: Supply of information 1: The Minister of Finance or the Minister for State-Owned Enterprises 2: All information required to be made available under this section shall be made available in a form in which it may be readily understood. 1987 No 195 s 13 Section 13(1) amended 1 February 1998 section 4 Wellington Airport Amendment Act 1996

DLM211805

1990

Irrigation Schemes Act 1990

1: Short Title This Act may be cited as the Irrigation Schemes Act 1990. 1: Disposal of irrigation schemes 2: Interpretation In this Part, unless the context otherwise requires,— Chief Surveyor irrigation scheme scheme responsible Minister Part 19 a: pipelines, canals, water races, dams, weirs, and other facilities used or intended to be used for or in connection with any such works: b: any right to enter, use, occupy, carry out work on, or store water on, any land, or to the support of any land for any dam, pursuant to section 223 c: any mining privilege, or right to dam any river or stream or to divert, take, use, or discharge water, for the purposes of any such works: d: any use of land permitted under a district scheme under the Town and Country Planning Act 1977 e: any agreement for the supply of water for the purposes of any such works mining privilege section 2 of the Water and Soil Conservation Amendment Act 1971 Minister responsible Minister Section 2 District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 2 irrigation scheme scheme amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 2 Minister amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 3: Disposal of irrigation schemes 1: Notwithstanding the provisions of any other Act, the responsible Minister 2: As soon as practicable after the responsible Minister responsible Minister Gazette Section 3(1) amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 3(2) amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 4: Certain rights to continue 1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, and the Minister had the right, immediately before the date of sale or other disposal, to enter, use, occupy, carry out work on, or store water on or convey water over, any land, or to the support of any land for any dam, pursuant to section 223 2: Where— a: any land (including any land owned by the Crown) has been entered upon, used, or occupied, or had work carried out on it, or is being used to store water or convey water over, or support any dam, for the purposes of an irrigation scheme; and b: there is not in existence any easement, agreement, or right relating thereto or there is insufficient documentary evidence to establish whether or not such an easement, agreement, or right exists— it shall be presumed, for the purposes of this section, that the powers conferred by section 223 3: Every person in whose favour a right continues pursuant to subsection (1) or subsection (2) shall make every reasonable endeavour to negotiate in good faith with the owner of the land to which the right relates to reach an agreement for the acquisition, without payment of compensation, of a registrable similar right. 4: Where any person to whom an irrigation scheme has been sold or otherwise disposed of is unable to obtain by negotiation any right to which subsection (1) or subsection (2) applies within 2 years after the date of such sale or other disposition, the Minister shall, by notice registered or lodged in accordance with this section, indicate the existence of the right. 5: Every instrument or document evidencing an agreement made pursuant to subsection (3) shall be signed by the parties to the agreement, and every notice under subsection (4) shall be signed by the Minister. 6: Every such instrument, document, or notice shall— a: specify the parcel of land affected; and b: have endorsed on it, or refer to, a diagram or plan showing the position or course of those parts of the irrigation scheme to which the right relates: provided that where it is not practicable to show the true position or course, the position or course shall be indicated as nearly as possible, and, until the contrary is proved, the position or course so indicated shall be deemed to be the true position or course; and c: subject to subsection (7), be lodged by the person in whose favour the right continues or the Minister, as the case may require, in the office of the Registrar-General of Land i: if the land affected or any part of it is not subject to the Land Transfer Act 2017 ii: if the land affected or any part of it is subject to the Land Transfer Act 2017 7: If the land affected by any instrument, document, or notice to which this section applies or any part of it is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908 8: Where any instrument, document, or notice to which this section applies has endorsed on it or refers to a diagram or plan to which the proviso to subsection (6)(b) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land Registrar-General of Land 9: Every right continued in force pursuant to subsection (1) or subsection (2) shall expire on the expiry of a period of 5 years commencing on the date of commencement of this Act unless, before the expiry of that period, an instrument, document, or notice relating to the right has been lodged in the office of the Registrar-General of Land 10: No action shall lie against the Crown or any other person under subpart 3 of Part 2 11: Notwithstanding any enactment or rule of law to the contrary, any instrument, document, or notice registered under this section shall be deemed to be binding on any registered owner 12: Without limiting the provisions of this section, any right referred to in any instrument, document, or notice registered by the Registrar-General of Land transfer instrument Land Transfer Act 2017 13: On and after the commencement of this section, nothing in Part 5 provided that nothing in this section shall prejudice or affect any claim for compensation under the said Part 5 Section 4(6)(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(6)(c)(i) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(6)(c)(ii) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(9) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(10) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(11) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(12) amended 12 November 2018 section 250 Land Transfer Act 2017 5: Transfer of easements, etc 1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to head works, structures, pumps, pipelines, canals, water races, or other facilities or relating to the support of any dam and the storage of water, and relating to access associated with such uses, for the purposes of the scheme, shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of, notwithstanding that the easement, agreement, or right may not have been registered. 2: In respect of any land to which subsection (1) applies, the Minister shall, at the request of the purchaser of the irrigation scheme, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to a specified purchaser pursuant to subsection (1) 3: Every such notice shall— a: be signed by the Minister; and b: specify the parcel of land affected; and c: have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the head works, structure, pump, pipeline, canal, water race, other facility, or dam to which the easement, agreement, or right relates: provided that where it is not practicable to show the true position or course, the position or course shall be indicated as nearly as possible, and, until the contrary is proved, the position or course so indicated shall be deemed to be the true position or course; and d: be lodged by the Minister in the office of the Registrar-General of Land 4: Where any such notice has endorsed on it or refers to a diagram or plan to which the proviso to subsection (3)(b) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land Registrar-General of Land 5: No action shall lie against the Crown under subpart 3 of Part 2 6: Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section shall be deemed to be binding on any registered owner 7: Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a transfer instrument Land Transfer Act 2017 Section 5(3)(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(7) amended 12 November 2018 section 250 Land Transfer Act 2017 6: Transfer of mining privileges 1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, any mining privilege held by the Crown in relation to the scheme shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of. 2: Except as otherwise provided in section 413(3) 3: Every mining privilege to which this section applies shall be subject to the provisions of any other enactment relating to it. Section 6(2) amended 1 October 1991 section 362 Resource Management Act 1991 7: Transfer of water rights 1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, any existing right held by the Crown to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of. 2: Every right so transferred shall continue to be subject to the same terms and conditions to which it was subject immediately before the date of transfer. 3: Except as otherwise provided in section 386(2) 4: Nothing in subsection (3) shall prevent any such transferred right from being renewed. 5: Every right to which this section applies shall be subject to the provisions of any other enactment relating to it. Section 7(3) amended 1 October 1991 section 362 Resource Management Act 1991 8: Transfer of Crown assets and liabilities 1: Notwithstanding any Act, rule of law, or agreement, where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, the Minister may, on behalf of the Crown,— a: transfer to the person to whom the scheme is sold or otherwise disposed of assets and liabilities of the Crown relating to the scheme: b: vest in that person any rights conferred by designations under operative district schemes applying to any land transferred to that person for the purposes of the scheme: c: grant to that person leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown relating to the scheme— for such consideration, and on such terms and conditions, as the Minister may agree with that person. 2: Assets that are fixed to, or are under or over, any land may be transferred to a person pursuant to this Part, whether or not any interest in the land is also transferred. Where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership. 3: Any asset or liability of the Crown may be transferred to a person pursuant to this Part whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer. 4: Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for that purpose by the Minister. 5: In this section— assets section 29(1) liabilities section 29(1) 9: Provisions relating to transfer of land 1: Notwithstanding any Act or rule of law, where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, the Minister may, subject to Part 4A 2: Crown land within the meaning of the Land Act 1948 Land Transfer Act 2017 a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and b: be approved by the Governor-General in Council and vest in the transferee pursuant to and on a date specified in an Order in Council made for the purposes of this section. 3: All land that is subject to the Land Act 1948 Conservation Act 1987 4: Nothing in sections 40 to 42 5: Nothing in this Part or in any transfer of land to a person pursuant to this Part shall derogate from the provisions of— a: section 3 of the Petroleum Act 1937 b: section 8 c: section 3 of the Geothermal Energy Act 1953 d: sections 6 and 8 of the Mining Act 1971 e: sections 5 and 261 of the Coal Mines Act 1979 6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 10: Title to land 1: The Registrar-General of Land a: register the transferee as the owner b: 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 section. 2: The Registrar-General of Land record of title for land vested in the transferee The Registrar-General of Land such record of title section 9(4) 3: As soon as registration is accomplished in accordance with subsection (1) 4: Applications in accordance with subsections (1) and (2) shall specify the name of the transferee and the date specified in the relevant Order in Council made under section 9(2)(b) Section 10(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(2) amended 12 November 2018 section 250 Land Transfer Act 2017 11: Land certification 1: Before the Registrar-General of Land record of title section 9(2) the Registrar-General of Land Schedule 2 the Registrar-General of Land 2: A certificate in accordance with subsection (1) shall be filed by the Registrar-General of Land Registrar-General of Land Section 11(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11(2) amended 12 November 2018 section 250 Land Transfer Act 2017 12: Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of Local Government Act 1974 not to apply Section 11 Part 10 Part 21 Section 12 substituted 1 October 1991 section 362 Resource Management Act 1991 13: Activity permitted as of right For the purposes of section 375(1)(a)(iii) Section 13 substituted 1 October 1991 section 362 Resource Management Act 1991 14: Ownership of irrigation scheme by local authority 1: Where a local authority, whether solely or jointly, acquires a 50% or greater share in an irrigation scheme pursuant to this Part, the scheme shall be operated on a commercial basis and, despite the Local Government (Rating) Act 2002 2: The accounts relating to any irrigation scheme to which subsection (1) applies shall be kept separate from the other accounts of the local authority. Section 14(1) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 15: Provisions relating to Rangitata Diversion Race 1: Where, before the commencement of this section, water was being taken from the Rangitata Diversion Race for the purposes of— a: the Mayfield Hinds Irrigation Scheme; or b: the Valetta Irrigation Scheme; or c: the Ashburton Lyndhurst Irrigation Scheme— such taking of water shall be deemed to be authorised as if section 21(2) of the Water and Soil Conservation Act 1967 and section 386 2: The maximum amounts and rates of flow of water that, under the authority of subsection (1), may be taken from the Rangitata Diversion Race during any season beginning on 10 September in any year and ending with 9 May in the following year, for the purposes of each scheme referred to in that subsection, shall be as follows: a: the Mayfield Hinds Irrigation Scheme—320 million cubic metres (16.5 cubic metres per second): b: the Valetta Irrigation Scheme—85 million cubic metres (4.4 cubic metres per second): c: the Ashburton Lyndhurst Irrigation Scheme—250 million cubic metres (13 cubic metres per second). 3: Every right to which subsection (1) applies shall be subject to the provisions of any other enactment relating to it. Section 15(1) amended 1 October 1991 section 362 Resource Management Act 1991 16: Validation of licences, etc Every— a: agreement entered into by the Crown and any person who has agreed to purchase an irrigation scheme whereby the Crown has granted a licence to that person to use and operate the scheme on behalf of the Crown pending the transfer of the scheme pursuant to this Part; and b: payment made by the Crown to that person as licensee; and c: payment made and collection of a sum of money on behalf of the Crown pursuant to that agreement— is hereby validated and declared to have been lawful. 17: No claim against Crown where scheme transferred back to Crown If, under the terms of any agreement to sell or otherwise dispose of any irrigation scheme under this Part, the scheme or any dam forming part of the scheme is transferred back to the Crown, the previous owners and users of the scheme or dam (including existing and past members of any body corporate which was the owner and any other purchaser of water from the previous owner of the scheme or dam) shall not have any claim against the Crown for compensation for any loss of supply of water. 18: Revocation of Orders in Council constituting irrigation districts, etc On the sale or disposal of any irrigation scheme under this Part, every Order in Council in force and made under section 208 section 208A 2: Amending Public Works Act 1981 19: Application of Part 19 of Public Works Act 1981 Amendment(s) incorporated in the Act(s) 20: Basic charge 1: Amendment(s) incorporated in the Act(s) 2: The following enactments are hereby consequentially repealed: a: Amendment(s) incorporated in the Act(s) b: Amendment(s) incorporated in the Act(s) c: Amendment(s) incorporated in the Act(s) d: Amendment(s) incorporated in the Act(s) 21: Water availability charge 1: Amendment(s) incorporated in the Act(s) 2: The following enactments are hereby consequentially repealed: a: Amendment(s) incorporated in the Act(s) b: Amendment(s) incorporated in the Act(s) c: Amendment(s) incorporated in the Act(s)

DLM212692

1990

Goods and Services Tax Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Goods and Services Tax Amendment Act 1990, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 2: Except where this Act otherwise provides, this Act shall come into force on the day on which it receives the Royal assent. 2: Interpretation 1: This subsection amended the definition of the term commercial dwelling section 2(1) 2: This subsection inserted the definition of the term licence to occupy section 2(1) 3: This subsection substituted the definition of the term superannuation scheme section 2(1) 4: 5: Subsections (1) (2) Subsection (4) repealed 17 December 1997 Wool Board Act 1997 3: Meaning of term supply 1: This subsection repealed section 5(11A) 2: The Goods and Services Tax Amendment Act 1986 section 5(3) 4: Zero-rating 1: 2: 3: 4: 5: 6: This subsection substituted para 32(1)(a) 32(1)(aa) 7: The Goods and Services Tax Amendment Act 1988 section 8(4) 8: This section shall apply to supplies made on or after the date on which this Act receives the Royal assent. Subsection (4) repealed 31 March 1991 2(3)(b) Goods and Services Tax Amendment Act (No 2) 1991 Subsection (5) repealed 31 March 1991 2(3)(b) Goods and Services Tax Amendment Act (No 2) 1991 5: Imposition of goods and services tax on imports 1: This subsection inserted paras 12(4)(ba) (bb) 2: This section shall apply to supplies made on or after the date on which this Act receives the Royal assent. 6: Exempt supplies 1: This subsection substituted section 14(c) (d) 2: This subsection substituted section 14(c) (d) 3: The following enactments are hereby consequentially repealed: a: Section 12(2) of the Goods and Services Tax Amendment Act 1986 b: Section 8(2) of the Goods and Services Tax Amendment Act (No 2) 1989 4: This section shall apply to supplies made on or after the date on which this Act receives the Royal assent. 7: 8: Calculation of tax payable 1: 2: 3: 4: The following provisions are hereby consequentially repealed: a: Section 17(11) of the Goods and Services Tax Amendment Act 1986 b: Both subsections numbered (3) of section 10 of the Goods and Services Tax Amendment Act 1988 9: 1: This subsection inserted s 27(1)(ca) 2: This subsection amended s 27(4) 3: This subsection inserted s 27(5A) Subsection (2) repealed 5(8) Goods and Services Amendment Act 1996 10: 11: 12: This section was repealed 1 April 1997 13(3)(b) Goods and Services Tax Amendment Act 1996 13: 14:

DLM210979

1990

State-Owned Enterprises Amendment Act (No 2) 1990

1: Short Title and commencement 1: This Act may be cited as the State-Owned Enterprises Amendment Act (No 2) 1990 and shall be read together with and deemed part of the State-Owned Enterprises Act 1986 2: Sections 2 3 3: Section 4 4: A date may be appointed pursuant to subsection (3) 2: Provision for New Zealand Liquid Fuels Investment Limited to cease to be State enterprise 1: This subsection omitted the words New Zealand Liquid Fuels Investment Limited Schedules 1 2 2: Notwithstanding the coming into force of subsection (1) sections 22 30 Schedule 2 3: Notwithstanding the coming into force of subsection (1) sections 23 to 29 subsection (1) a: New Zealand Liquid Fuels Investment Limited were a State enterprise named in Schedule 2 b: The Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for New Zealand Liquid Fuels Investment Limited. 4: Each Minister of the Crown who holds shares in New Zealand Liquid Fuels Investment Limited 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. 5: Sections 2, 3, 5, 6, and 7 of the State-Owned Enterprises Amendment Act (No 3) 1989 3: Acquisition of land under Public Works Act 1981 Where any negotiations or action had been commenced by the Crown before the coming into force of this section in respect of the taking or acquisition of land under the Public Works Act 1981 section 23 4: Consequential amendments 1: 2: Section 4 of the State-Owned Enterprises Amendment Act (No 3) 1989

DLM202468

1990

Local Restoration Polls Act 1990

1: Short Title and commencement 1: This Act may be cited as the Local Restoration Polls Act 1990. 2: This Act shall come into force on 1 April 1990. 2: Interpretation In this Act, unless the context otherwise requires,— elector section 2 of the Electoral Act 1956 general election 3: No-licence district defined 1: In this Act, the term no-licence district a: the Roskill, Wellington East, Grey Lynn, and Eden no-licence districts as constituted immediately before 1 April 1990; and b: the district described in section 253 Sale of Liquor Act 1989 2: Notwithstanding anything in subsection (1), where the boundary of the Roskill, Wellington East, Grey Lynn, or Eden no-licence district, or the Tawa special district passes through any parcel of land that is wholly or partially outside the district and that has a residential address within the district, the parcel of land shall be deemed to be included within the district. 1910 No 46 s 2 1989 No 63 s 230(1) 4: Local restoration poll to be taken on day of general election 1: On the day appointed for the taking of the poll (in this Act called the electoral poll) of the electors of each electoral district for the return of a member of Parliament for the district, at every general election after the commencement of this Act, and simultaneously therewith, a poll (in this Act called the local restoration poll) of the electors of each no-licence district shall be taken upon the question whether licences shall be restored in that district (in this Act called the restoration question). 2: The restoration question shall be submitted in the voting paper in form 1 3: The local restoration poll shall be taken in every no-licence district, even where in the electoral district or districts in which a no-licence district is situated no electoral poll is required. 4: If at any time Parliament is dissolved before it has been 2 years in existence, then at the taking of the electoral poll for the new Parliament no local restoration poll shall be taken, but the result of the local restoration poll taken at the then last previous general election shall continue in force until such local restoration poll is again taken simultaneously with the general election next after the dissolution of such new Parliament. 5: The provisions of the Electoral Act 1956 6: The electoral rolls for the time being in force under the Electoral Act 1956 1908 No 104 s 12 1910 No 46 s 8 5: Returning Officer for no-licence district 1: The Electoral Commission must 2: The Returning Officer for every electoral district in which any part of the no-licence district is situated shall supply to the Returning Officer for the no-licence district a certificate of the total number of votes recorded in the electoral district at the poll, and of the number of votes so recorded in favour of each proposal submitted at the poll. 3: The Returning Officer for the no-licence district shall give public notice and declare the result of the poll, and shall include therein the numbers certified as aforesaid by the Returning Officers for the electoral districts in which any parts of the no-licence districts are situated. 4: Except as provided in subsection (3) and in section 13 5: Nothing in subsection (4) shall be deemed to affect the functions or powers of the Returning Officer for the no-licence district in respect of any matters arising after the declaration of the result of the poll. 1946 No 40 s 51(3) Section 5(1) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 6: Names of electors The names of the persons who, as electors of any electoral district in which is situated the whole or any part of the no-licence district and as residents in the no-licence district, are entitled to vote at the local restoration poll shall be indicated by appropriate words, abbreviations, or marks on the electoral roll for that electoral district. 1946 No 40 s 51(4) 7: Provisions for taking local restoration poll The local restoration poll shall be taken as follows: a: the Electoral Commission must b: the Returning Officer for every electoral district in which any part of the no-licence district is situated shall, upon the day referred to in section 4(1) c: the Deputy Returning Officers, poll clerks, interpreters, and ushers appointed for the taking of the electoral poll shall, by virtue of being so appointed, be, in addition, Deputy Returning Officers, poll clerks, interpreters, and ushers for the taking of the local restoration poll: d: the polling booths in each no-licence district for the taking of the local restoration poll shall be the same as those used at the taking of the electoral poll: e: the voting paper for the local restoration poll shall be issued in the same manner as the ballot paper for the electoral poll, and the voting paper and the ballot paper shall be given simultaneously to the elector: f: the voter shall vote by marking the voting paper with a tick within the circle immediately after the proposal for which the voter wishes to vote. 1908 No 104 s 14(1)(b), (g), (h), (i), (k) Section 7(a) amended 1 October 2010 section 32(2)(b) Electoral (Administration) Amendment Act 2010 8: Appropriation All expenses incidental to the taking of a local restoration poll shall be paid out of money appropriated by Parliament for the purpose. 1908 No 104 s 14(1)(n) 9: Nomination of scrutineers by electors in favour of no-licence Any 10 or more electors who are in favour of the proposal that no licences be granted in the district may, by nomination paper under their hands, nominate any 2 specified persons to appoint 1 scrutineer to act at each polling booth in the district in the interest of all electors who are in favour of that proposal. 1908 No 104 s 15 10: Nomination of scrutineers by electors not in favour of no-licence Any 10 or more electors who are not in favour of the proposal that no licences be granted in the district may, in like manner, nominate any 2 specified persons to appoint 1 scrutineer to act at each polling booth in the interest of all electors who are not in favour of that proposal. 1908 No 104 s 16 11: Form of nomination The nomination paper shall be in form 2 1908 No 104 s 17 12: Nomination paper to be lodged with Returning Officer The nomination paper shall be lodged with the Returning Officer for the no-licence district not later than the 12th day before polling day, and shall be open to public inspection. 1908 No 104 s 18 13: Returning Officer to select fit persons to appoint scrutineers On a day to be publicly notified by the Returning Officer for the no-licence district, being not earlier than the tenth nor later than the fifth day before polling day, the Returning Officer shall publicly consider all the nomination papers duly lodged, and, after hearing all objections, select 2 fit persons to appoint one scrutineer, and 2 fit persons to appoint the other scrutineer, to act at each polling booth in the respective interests as aforesaid; and the persons so selected may appoint accordingly. 1908 No 104 s 19 14: Selection to be in writing The selection shall be by writing under the hand of the Returning Officer for the no-licence district, and shall be in form 3 1908 No 104 s 20 15: Appointments to be in writing The appointment shall in each case be by writing under the hands of the persons selected, and shall be in form 4 1908 No 104 s 21 16: Powers and rights of scrutineers Every scrutineer so appointed shall, for the purposes of the local restoration poll, have all the powers and rights of a scrutineer under the Electoral Act 1956 1908 No 104 s 22 17: Remuneration of scrutineers not expenses of poll The remuneration (if any) of the scrutineers shall not be expenses incidental to the taking of the local restoration poll. 1908 No 104 s 23 18: Declaration of result The form for giving public notice in accordance with section 116(1) of the Electoral Act 1956 form 5 19: When proposal deemed to be carried 1: When on the taking of a local restoration poll in any no-licence district the number of votes recorded in favour of the proposal that licences be restored in the district exceeds the number of votes recorded against the proposal, the question shall be deemed to be carried, and the determination of the electors of that district shall be deemed to be in favour of the restoration of licences. 2: Subject to sections 20 26 section 116(1) of the Electoral Act 1956 3: On the coming into force of every such determination, this Act shall be deemed to be amended by the deletion of the name of the no-licence district from the definition of the term no-licence district in section 3 1910 No 46 s 9 20: Application to District Court Judge for recount If the result of any local restoration poll is disputed on the ground that the public declaration by the Returning Officer for the no-licence district in accordance with section 116(1) of the Electoral Act 1956 a: any 6 electors may, within 3 working days after the public declaration, apply to a District Court Judge for a recount of the votes: b: every such application shall be accompanied by a deposit of $200 (which deposit is inclusive of goods and services tax): c: the District Court Judge shall cause a recount of the votes to be commenced within 3 working days of receiving the application, and shall give notice in writing to the applicants and to any scrutineers appointed under section 13 d: section 117(4)–(9) and section 118 of the Electoral Act 1956 1908 No 104 s 29 21: Publicity for local restoration poll 1: No person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement used or appearing to be used to promote one of the proposals in the local restoration poll unless the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business. 2: Every person commits an offence and is liable on 3: Nothing in this section shall restrict the publication of any news or comments relating to the local restoration poll in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 Section 21(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 22: Election expenses For the purposes of section 139 of the Electoral Act 1956 election expenses section 139A of that Act Petitions 23: Sections of Electoral Act 1956 applied 1: The sections of the Electoral Act 1956 section 24 2: The sections of the Electoral Act 1956 sections 158 to 160, 161, 162(1), (2), (4), (5), 166, 167, 168, 173 to 181, 182(1)(a), (b), and 183 24: Petition for inquiry 1: Where any 50 electors in a no-licence district are dissatisfied with the result of the local restoration poll in their district, they may, within 20 working days after the Returning Officer for the no-licence district has made a public declaration in accordance with section 116(1) of the Electoral Act 1956 2: If the petition complains of the conduct of any Returning Officer or Registrar of Electors, the person complained of shall be a respondent to the petition. 3: The petition shall allege the specific grounds on which the complaint is founded, and no other grounds than those stated shall be investigated, except by leave of the court and upon reasonable notice being given, which leave may be given upon such terms and conditions as the court considers just: provided that evidence may be given to prove that any proposal other than that declared to be carried was carried and not rejected, or was rejected and not carried. 4: Such petition shall be in form 6 5: The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. 1908 No 104 s 30 1956 No 107 ss 156, 157 25: Who may be respondents Any 6 electors in the no-licence district may, at any time not later than 3 working days before the commencement of the inquiry, file in the court in which the petition is filed a notice in writing of their intention to oppose the petition, and thereupon the electors giving such notice shall be deemed to be respondents to the petition. 1908 No 104 s 31 26: Determination of court as to result of local restoration poll At the conclusion of the trial of a petition for an inquiry the court shall determine whether, by reason of some irregularity that in its opinion materially affected the result of the poll, the poll is void, or whether any and what proposal was duly carried. 1908 No 104 s 33(2) 27: Persons committing irregularities to be named in report 1: On such inquiry the court shall report in writing to the Minister of Justice the names of all persons found to have been guilty of any irregularity at or in connection with the poll, and shall state in such report whether or not in the opinion of the court any such irregularity tended to defeat the fairness of the poll, and whether or not such irregularity tended materially to affect the result thereof. 2: Every person shall be guilty of an irregularity within the meaning of subsection (1) who commits any offence described in section 29 1908 No 104 s 34 28: Fresh poll 1: Where any local restoration poll is declared void under section 26 2: At any such fresh local restoration poll the same roll of electors shall be used as was used at the voided poll. 1908 No 104 s 37 29: Offences Every person commits an offence and shall be liable on a: in any way interferes with any elector, either in the polling booth or while on his or her way thereto, with the intention of influencing the elector or advising him or her as to his or her vote; or b: prints or distributes or delivers to any person on the day of the poll, or at any time during the 3 days immediately preceding the poll, anything being or purporting to be in imitation of any voting paper to be used at the poll, together with any direction or indication as to how any person should vote, or in any way containing any such direction or indication; or c: during the hours in which the poll is being taken, makes any public demonstration having reference to the poll by means of living figures, effigies, paintings, placards, or other like means; or d: obtains possession of or has in his or her possession any voting paper other than the one given to him or her by the Returning Officer for the purpose of recording his or her vote, or retains any voting paper in his or her possession after leaving the polling booth; or e: refuses or neglects to comply with, or commits any breach of any of the provisions of this Act, or misleads or gives any misdirection to an elector in any matter relating to the elector's vote; or f: does or omits to do any act that if done or omitted to be done at an electoral poll would be an offence under the Electoral Act 1956 1908 No 104 ss 14(2), 35 Section 29 amended 1 July 2013 section 413 Criminal Procedure Act 2011 30: Regulations The Governor-General may from time to time, by Order in Council, make all such regulations as may be necessary or expedient for the purposes of giving full effect to the provisions of this Act and for the due administration thereof. 31: Amendments to Sale of Liquor Act 1989 Amendment(s) incorporated in the Act(s). 32: Repeal The Licensing Amendment Act 1910

DLM204972

1990

Defence Act 1990

1: Short Title and commencement 1: This Act may be cited as the Defence Act 1990. 2: This Act shall come into force on 1 April 1990. 2: Interpretation 1: In this Act, unless the context otherwise requires,— active service order a: posting a part of the Armed Forces or any member of the Armed Forces on active service; or b: declaring that a part of the Armed Forces or any member of the Armed Forces has ceased to be on active service air cadet aircraft Air Force section 11(5) air force base airman a: a non-commissioned officer of the Air Force; and b: a rating of the Navy and a soldier of the Army attached to the Air Force;— but does not include an officer allied force Armed Forces Army section 11(4) Army camp cadet forces cadet officer Civil Staff section 61A component defence area or is requisitioned under section 10(2)(b) a: every naval establishment, army camp, and air force base: b: any arsenal and any other place used for the purpose of building, repairing, making, or storing munitions or equipment for or belonging to the Defence Force: c: any land, or any building or part of a building, declared by Order in Council ( see Defence Force section 11(1) enemy a: any member of any such armed force or any member of that authority or government, as the case may be: b: any person materially assisting that country, force, authority, or government in its war effort or armed combat operations: c: any ally of that country, force, authority, or government: d: all pirates: e: all armed persons who are engaged in any mutiny, rebellion, or riot against New Zealand or against any Service authority of the Armed Forces of New Zealand or against any ally of New Zealand intellectual property joint force section 12 joint force commander section 12 land leading aircraftman member of the Defence Force a: an officer, a rating, a soldier, or an airman; and b: a member of the Civil Staff military Minister naval establishment naval ship Navy section 11(3) New Zealand cadet New Zealand force non-commissioned officer a: in relation to the Navy, a rating of warrant officer, chief petty officer, petty officer, or leading rank; and includes— i: a non-commissioned officer of the Army or the Air Force attached to the Navy; and ii: a person duly attached or lent as a non-commissioned officer to or seconded for service or appointed for duty as a non-commissioned officer with the Navy: b: in relation to the Army, a soldier above the rank of private but below the rank of officer cadet; and includes a warrant officer; and also includes— i: a non-commissioned officer of the Navy or the Air Force attached to the Army; and ii: a person duly attached or lent as a non-commissioned officer to or seconded for service or appointed for duty as a non-commissioned officer with the Army: c: in relation to the Air Force, an airman above the rank of leading aircraftman but below the rank of officer cadet; and includes a warrant officer; and also includes— i: a non-commissioned officer of the Navy or the Army attached to the Air Force; and ii: a person duly attached or lent as a non-commissioned officer to or seconded for service or appointed for duty as a non-commissioned officer with the Air Force officer a: in relation to the Navy, a person who is of or above the rank of midshipman or is a chaplain in the Navy; and includes— i: an officer of the Army or the Air Force attached to the Navy or any part of it; and ii: any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Navy: b: in relation to the Army, a person who is of or above the rank of officer cadet or is a chaplain in the Army; and includes— i: an officer of the Navy or the Air Force attached to the Army or any part of it; and ii: any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Army: c: in relation to the Air Force, a person who is of or above the rank of officer cadet or is a chaplain in the Air Force; and includes— i: an officer of the Navy or the Army attached to the Air Force or any part of it; and ii: any person duly attached or lent as an officer to or seconded for service or appointed for duty as an officer with the Air Force prescribed Armed Forces Discipline Act 1971 private public property rank rating a: a non-commissioned officer of the Navy; and b: a soldier of the Army and an airman of the Air Force attached to the Navy;— but does not include an officer regular forces relative rank section 17 reserve forces sea cadet Service ship and includes a machine designed to be supported in the atmosphere, wholly or partly by air expelled from the machine to form a cushion extending beneath the machine to the surface of any ground, water, or other portion of the earth’s surface soldier a: a non-commissioned officer of the Army; and b: a rating of the Navy and an airman of the Air Force attached to the Army;— but does not include an officer territorial forces unit warrant officer a: a warrant officer in the Navy; and b: in relation to the Army, a warrant officer class one and warrant officer class two; and c: in relation to the Air Force, a warrant officer and master aircrew. 2: In this Act and in any instrument made under this Act, unless the context otherwise requires, mention of a person by reference to the designation of that person’s office or appointment includes a reference to any person who for the time being is lawfully performing the functions or duties of, or acting in, the office or appointment— a: by virtue of a permanent, temporary, or acting appointment; or b: by assumption of the functions or duties of the office or appointment pursuant to this Act or any other Act; or c: pursuant to an order, or to a custom of the Service that pertains to the office or appointment. 3: For the purposes of this Act, unless the context otherwise requires, a member of the Armed Forces is released from the component of the Service in which that member is serving when— a: that member, or that component or the part of that component in which that member is serving, is transferred to another component of that Service; or b: in the case of an officer only, that member is placed on the Retired List of that Service. 4: For the purposes of this Act, unless the context otherwise requires, a member of any component of a Service is discharged from the Service when, otherwise than by release, that member leaves that component in accordance with Defence Force Orders. 5: An Order in Council under paragraph (c) of the definition of defence area in subsection (1) is secondary legislation ( see Part 3 1971 No 52 s 2; 1980 No 40 s 2; 1985 No 198 s 2; 1988 No 88 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) Civil Staff amended 28 July 1997 section 3(2)(a) Defence Amendment Act 1997 Section 2(1) defence area amended 28 July 1997 section 2(1) Defence Amendment Act 1997 Section 2(1) defence area amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) intellectual property inserted 28 July 1997 section 2(2) Defence Amendment Act 1997 Section 2(1) New Zealand force inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) relative rank inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) ship amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 3: Act to bind the Crown This Act shall bind the Crown. 4: Application of Act 1: Except as otherwise provided in this Act, either specifically or by necessary implication, this Act shall, in addition to applying to New Zealand, apply to all naval ships and defence areas outside New Zealand. 2: Except as otherwise provided in this Act, either specifically or by necessary implication, this Act shall, in addition to applying to all persons for the time being within New Zealand, apply to all New Zealand citizens and persons ordinarily resident in New Zealand who are for the time being outside New Zealand, and to all members of the Armed Forces for the time being outside New Zealand notwithstanding that they may not be New Zealand citizens or ordinarily resident in New Zealand. 1971 No 52 s 3 1: Constitutional position of armed forces 5: Power to raise armed forces The Governor-General may from time to time, in the name and on behalf of the Sovereign, continue to raise and maintain armed forces, either in New Zealand or elsewhere, for the following purposes: a: the defence of New Zealand, and of any area for the defence of which New Zealand is responsible under any Act: b: the protection of the interests of New Zealand, whether in New Zealand or elsewhere: c: the contribution of forces under collective security treaties, agreements, or arrangements: d: the contribution of forces to, or for any of the purposes of, the United Nations, or in association with other organisations or States and in accordance with the principles of the Charter of the United Nations: e: the provision of assistance to the civil power either in New Zealand or elsewhere in time of emergency: f: the provision of any public service. 1971 No 52 s 4(1), (2); 1976 No 122 s 3(8) 6: Further powers of Governor-General 1: The Governor-General, by virtue of being Commander-in-Chief of New Zealand, shall have such powers and may exercise and discharge such duties and obligations relating to any armed forces raised and maintained under section 5 2: Nothing in this section or in section 5 1971 No 52 s 4(3), (4); 1976 No 122 s 3(8) 7: Power of Minister of Defence For the purposes of the general responsibility of the Minister in relation to the defence of New Zealand, the Minister shall have the power of control of the New Zealand Defence Force, which shall be exercised through the Chief of Defence Force. 8: Chief of Defence Force 1: The Governor-General in Council may from time to time appoint an officer of the Armed Forces to be the Chief of Defence Force. 2: The Chief of Defence Force shall hold such rank as the Governor-General in Council may determine. 3: The Chief of Defence Force shall— a: command the Navy through the Chief of Navy, the Army through the Chief of Army, and the Air Force through the Chief of Air Force: and b: command any joint force either directly through the joint force commander or through the Chief of any Service Section 8(3)(a) substituted 17 May 2005 section 3 Defence Amendment Act 2005 Section 8(3)(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 9: Use of Armed Forces to provide public service or assist civil power 1: Subject to the succeeding provisions of this section, the Armed Forces may be used in New Zealand or elsewhere— a: to perform any public service; or b: to provide assistance to the civil power in time of emergency. 2: No part of the Armed Forces shall be used to provide any public service in connection with an industrial dispute except in accordance with the written authority of the Minister, and that authority shall specify the part or parts of the Armed Forces that may be used and the public service or public services that may be provided. 3: No part of the Armed Forces shall be used to provide assistance to the civil power in the circumstances described in paragraphs (a) and (b) of subsection (4) except in accordance with an authority given by the Prime Minister or another Minister under that subsection. 4: Where the Prime Minister or, if the Prime Minister is unavailable, the next most senior Minister available is satisfied, on information supplied by the Commissioner of Police or a Deputy Commissioner of Police,— a: either— i: that there is in New Zealand an emergency in which one or more persons are threatening to kill or seriously injure, or are causing or attempting to cause the death of or serious injury to, any other person, or are causing or attempting to cause the destruction of or serious damage to any property; or ii: that such an emergency is imminent; and b: that the emergency cannot be dealt with by the Police without the assistance of members of the Armed Forces exercising powers that are available to constables the Prime Minister or the other Minister may authorise any part of the Armed Forces so to assist the Police in dealing with the emergency. 5: Every part of the Armed Forces that is assisting the Police in accordance with an authority given under subsection (4) shall act at the request of the constable 6: Every member of any such part of the Armed Forces— a: may, for any purpose necessary to assist the Police in dealing with the emergency, exercise any power of a constable b: shall, for the purposes of civil and criminal liability, have the protections of a constable 7: The Minister of Defence or the Prime Minister or other Minister granting any authority under subsection (2) or subsection (4) shall inform the House of Representatives, forthwith if the House is then sitting or at the earliest practicable time if it is not, that the authority has been given and of the reasons for giving it, and, if the authority was given in writing, shall lay a copy of it before the House. 8: Any authority given under subsection (2) or subsection (4) shall lapse on the expiration of 14 days after the day on which it was given unless— a: the House of Representatives passes a resolution extending the authority for such period as is specified in the resolution; or b: if Parliament was dissolved or had expired before or after 1971 No 52 ss 79, 79A; 1987 No 180 s 2 Section 9(4)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 9(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 9(6)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 9(6)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 9(8)(b) amended 15 November 2000 section 3 Defence Amendment Act 2000 10: Powers of requisition 1: Where the Minister is satisfied— a: that there is an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces; and b: that it is necessary to requisition— i: any ship, vehicle, aircraft, supplies, or equipment for the use of the Armed Forces in connection with the emergency; or ii: any land, building, or installation required to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces in connection with that emergency,— the Minister may authorise the Chief of Defence Force to exercise the powers conferred by subsection (2) in respect of any specified property or type of property referred to in that subsection. 2: The Chief of Defence Force may, where so authorised by the Minister under subsection (1), requisition— a: any ship, vehicle, aircraft, supplies, or equipment necessary for the use of the Armed Forces; or b: any land, building, or installation necessary to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces— in connection with an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces. 3: Subject to subsection (4), in exercising the powers conferred by subsection (2), the Chief of Defence Force shall give to the owner or person in control of the requisitioned property a written statement specifying the property and requiring it to be placed forthwith under the control of a member of the Defence Force. 4: Where the owner or other person in control of the requisitioned property cannot be found immediately, the Chief of Defence Force— a: may direct that a member of the Defence Force shall assume forthwith the control of the property; and b: shall, on giving any such direction, ensure that as soon as is reasonably practicable, a written statement specifying the requisitioned property is given to the owner or person formerly in control of the property. 5: Where any requisitioned property has come under the control of any part of the Defence Force under this section, there shall be payable, out of money appropriated by Parliament, to any person having an interest in the property, just compensation for its use, including any loss, injury, or damage suffered by that person and arising out of that control. 6: Any court of competent jurisdiction may determine any dispute about the liability of the Crown to pay any compensation under this section, or the amount of any such compensation, or the entitlement of any person to all or part of any compensation payable. 2: The New Zealand Defence Force 11: Constitution of Defence Force 1: There is hereby constituted the New Zealand Defence Force, which shall comprise— a: the Armed Forces of New Zealand, being the armed forces raised and maintained under section 5 b: the Civil Staff, being the persons appointed under section 61A 2: The armed forces raised and maintained under section 5 a: the New Zealand Naval Forces; and b: the New Zealand Army; and c: the Royal New Zealand Air Force. 3: The New Zealand Naval Forces shall consist of the following: a: the Royal New Zealand Navy: b: the Royal New Zealand Naval Reserve: c: the Royal New Zealand Naval Volunteer Reserve: d: the Naval Reserves: e: such additional naval forces as may be raised by the Governor-General in time of war or other like emergency. 4: The New Zealand Army shall consist of the following: a: the Regular Force of the New Zealand Army: b: the Territorial Force of the New Zealand Army: c: the Army Reserve: d: such additional army forces as may be raised by the Governor-General in time of war or other like emergency. 5: The Royal New Zealand Air Force shall consist of the following: a: the Regular Air Force: b: the Territorial Air Force: c: the Air Force Reserve: d: such additional air forces as may be raised by the Governor-General in time of war or other like emergency. 6: The New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force may each be divided into such branches or corps, formations, commands, units, and other parts as the Chief of Defence Force determines from time to time. 1971 No 52 s 5; 1988 No 88 s 3(1) Section 11(1)(b) amended 28 July 1997 section 3(2)(b) Defence Amendment Act 1997 12: Joint forces 1: The Chief of Defence Force may from time to time establish a joint force comprising members of 2 or more Services, and— a: appoint an officer of one of the Services to command that force; or b: place that force under the command of the Chief of any Service 2: Where a joint force is established under this section, this Act and the Armed Forces Discipline Act 1971 a: anything required or authorised by or under this Act or the Armed Forces Discipline Act 1971 Chief of the Service Chief of Service Chief of Service b: such other necessary modifications as may be prescribed. 1971 No 52 s 5A; 1988 No 88 s 3(1) Section 12(1)(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 12(2)(a) amended 20 September 2007 section 4 Defence Amendment Act 2007 13: Members of regular forces 1: The regular forces of the Armed Forces shall, subject to Part 4 2: The maximum numbers of officers, ratings, soldiers, and airmen in the regular forces shall be such as the Minister authorises from time to time. 1971 No 52 s 6; 1988 No 88 s 3(2) 14: Members of Civil Staff Section 14 repealed 28 July 1997 section 3(1) Defence Amendment Act 1997 15: Members of territorial forces 1: The territorial forces of the Armed Forces shall, subject to Part 4 2: The maximum number of officers, ratings, soldiers, and airmen in the territorial forces shall be such as the Minister authorises from time to time. 1971 No 52 s 7; 1988 No 88 s 3(2) 16: Members of reserve forces The reserve forces of the Armed Forces shall, subject to Part 4 1971 No 52 s 8; 1988 No 88 s 3(2) 17: Relative ranks 1: For the purpose of this Act and the Armed Forces Discipline Act 1971 2: Any order made for the purposes of subsection (1) may prescribe the relationship that is to be regarded as existing between relative ranks for the purposes of this Act and the Armed Forces Discipline Act 1971 Section 17 substituted 1 July 2004 section 26 Visiting Forces Act 2004 18: Attachment of members of one Service to another Service A member of the Armed Forces belonging to one Service may be attached to either of the other 2 Services, subject to such conditions as may be prescribed. 1971 No 52 s 10 19: Circumstances in which members of one Service are deemed attached to another Service 1: Except when provided in orders issued by or under the authority of the Chief of Defence Force, an officer or soldier of the Army or an officer or airman of the Air Force shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971 a: when he or she is serving in any naval ship or naval establishment; or b: when he or she is lawfully ordered to serve in any naval ship or naval establishment; or c: when he or she is serving in a joint service organisation that is primarily a naval responsibility; or d: when he or she is lawfully ordered to serve in a joint service organisation that is primarily a naval responsibility, or when he or she is a patient in any hospital, hospital ship, or medical establishment that is such a joint service organisation; or e: when he or she is a patient in a naval hospital ship or other naval medical establishment; or f: when he or she is in transit in any naval establishment or other establishment administered by the Navy; or g: when he or she is serving a sentence of imprisonment or detention in a naval detention quarter. 2: When any order is given under paragraph (b) or paragraph (d) of subsection (1), the officer, soldier, or airman to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order. 3: Except as provided in orders issued by or under the authority of the Chief of Defence Force, an officer or rating of the Navy or an officer or airman of the Air Force shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971 a: when he or she is serving in a unit or formation of the Army; or b: when he or she is lawfully ordered to serve in a unit or formation of the Army; or c: when he or she is serving in a joint service organisation that is primarily an army responsibility; or d: when he or she is lawfully ordered to serve in a joint service organisation that is primarily an army responsibility, or when he or she is a patient in a hospital, hospital ship, or medical establishment that is such a joint service organisation; or e: when he or she is a patient in an army hospital, hospital ship, or other army medical establishment; or f: when he or she is in transit at a transit camp or other establishment administered by the Army; or g: when he or she is serving a sentence of imprisonment or detention in an army detention quarter. 4: When any order is given under paragraph (b) or paragraph (d) of subsection (3), the officer, rating, or airman to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order. 5: Except as provided in orders issued by or under the authority of the Chief of Defence Force, an officer or rating of the Navy or an officer or soldier of the Army shall, for the purposes of this Act and of the Armed Forces Discipline Act 1971 a: when he or she is serving in a unit or formation of the Air Force; or b: when he or she is lawfully ordered to serve in a unit or formation of the Air Force; or c: when he or she is serving in a joint service organisation that is primarily an air force responsibility; or d: when he or she is lawfully ordered to serve in a joint service organisation that is primarily an air force responsibility, or when he or she is a patient in a hospital, hospital ship, or medical establishment that is such a joint service organisation; or e: when he or she is a patient in an air force hospital, hospital ship, or other air force medical establishment; or f: when he or she is in transit at a transit camp, staging post, or other establishment administered by the Air Force; or g: when he or she is serving a sentence of imprisonment or detention in an air force detention quarter. 6: When any order is given under paragraph (b) or paragraph (d) of subsection (5), the officer, rating, or soldier to whom the order relates shall be deemed to be attached to the Service specified in the order from such time and for such period (if any) as may be specified in the order. 1971 No 52 s 11 20: Modification of Acts for members of one Service attached or deemed attached to another Service Where a member of one Service is attached by virtue of section 18 section 19 Armed Forces Discipline Act 1971 a: anything required or authorised by this Act or the Armed Forces Discipline Act 1971 Chief of the Service Chief of the Service b: any member shall, in the Service to which that member is attached, have the same powers and be treated as if he or she were a member of that Service holding an equivalent rank: c: such other necessary modifications as may be prescribed. 1971 No 52 s 12 Section 20(a) amended 20 September 2007 section 4 Defence Amendment Act 2007 21: Transfer of members of one Service to another Service A member of one Service may, with that member’s written consent, be transferred from that Service to either of the other 2 Services, subject to such conditions as may be prescribed. 1971 No 52 s 14 22: Transfer for employment with other forces 1: Without prejudice to the provisions of section 23 2: A transfer ordered under subsection (1) may be for such period and subject to such conditions as may be arranged between the New Zealand authority and the appropriate authority of the armed forces of the other country or the United Nations or the other organisation or association of States, as the case may be. 3: A member of the Armed Forces transferred for employment under subsection (1) remains subject to this Act and to the Armed Forces Discipline Act 1971 4: The power conferred by subsection (1) shall be exercised only in respect of— a: members of the regular forces; and b: members of the territorial or reserve forces who are for the time being— i: liable for continuous service pursuant to a Proclamation issued under section 39 section 40 ii: liable to serve outside New Zealand pursuant to an offer under section 50 5: Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces shall not be dealt with under subsection (4)(b)(ii) without that member’s consent. 1971 No 52 s 15; 1985 No 198 s 3 Section 22(1) amended 1 July 2004 section 26 Visiting Forces Act 2004 Section 22(3) substituted 1 July 2004 section 26 Visiting Forces Act 2004 23: Attachment of members of New Zealand Armed Forces to other armed forces 1: The Chief of Defence Force may place a specified member, or a specified class of members, of the Armed Forces at the disposal of the service authorities of another State for the purpose of being attached by those authorities to the armed forces of that State. 2: The power conferred on the Chief of Defence Force by subsection (1) may be exercised only in respect of— a: members of the regular forces; and b: members of the territorial or reserve forces who are for the time being— i: liable for continuous service under a Proclamation issued under section 39 section 40 ii: liable to serve outside New Zealand under an offer under section 50 3: Except in time of war or other like emergency, or in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, a member of the Armed Forces may not be dealt with under subsection (2)(b)(ii) without that member’s consent. 4: A member of the Armed Forces attached to the armed forces of another State under subsection (1) remains subject to this Act and the Armed Forces Discipline Act 1971 Section 23 substituted 1 July 2004 section 26 Visiting Forces Act 2004 23A: Attachment of members of other armed forces to New Zealand Armed Forces 1: The Chief of Defence Force may attach to any of the Services a specified member, or a specified class of members, of the armed forces of another State if that member or class of members is placed at the disposal of the Chief of Defence Force for the purpose of being attached to a Service. 2: If a member of the armed forces of another State is attached to a Service under subsection (1), the member— a: has, in the Service to which he or she has been attached, the same powers under this Act and the Armed Forces Discipline Act 1971 b: must be treated for the purposes of this Act and the Armed Forces Discipline Act 1971 3: Subsection (2) applies subject to such other exemptions or modifications as may be prescribed. Section 23A inserted 1 July 2004 section 26 Visiting Forces Act 2004 23B: Mutual powers of command when forces acting together 1: When a New Zealand force and a force of another State are serving together, whether alone or not, members of the other force— a: must be treated as if they were members of the Armed Forces of a relative rank; and b: have over members of the New Zealand force the powers of command of a member of the Armed Forces of a relative rank. 2: For the purpose of subsection (1), a New Zealand force and a force of another State are serving together only if they are declared to be so serving together by order of the Chief of Defence Force. Section 23B inserted 1 July 2004 section 26 Visiting Forces Act 2004 3: Secretary of Defence, Chief of Defence Force, and Chiefs of Service Part 3 heading amended 20 September 2007 section 4 Defence Amendment Act 2007 24: Secretary of Defence 1: The chief executive of the Ministry of Defence shall be known as the Secretary of Defence. 2: In addition to the functions imposed on the Secretary of Defence by or under this Act or the Public Service Act 2020 a: to be the principal civilian adviser to the Minister and other Ministers: b: to formulate advice, in consultation with the Chief of Defence Force, on defence policy: c: to prepare, in consultation with the Chief of Defence Force, and submit to the Minister from time to time a defence assessment, including a review of different options capable of achieving the Government’s policy goals: d: to procure, replace, or repair ships, vehicles, aircraft, and equipment used or intended for use by the Defence Force, where that procurement, replacement, or repair has major significance to military capability; and to deliver or return such ships, vehicles, aircraft, and equipment to the Defence Force: e: to arrange for the assessment and audit of the Defence Force in relation to any function, duty, or project, and of the Ministry of Defence in relation to any function described in paragraph (d), as and when required by the Minister, or in accordance with a programme of audit and assessment approved by the Minister, and in accordance with the following provisions: i: the findings of the audit and assessment shall be set out in a report in the name of the person in charge of the audit and assessment, and that person shall give the report to the Secretary of Defence for submission to the Minister: ii: on giving the report to the Secretary of Defence, the person in charge of the audit and assessment shall give a copy of the report to the Chief of Defence Force: iii: if the Secretary of Defence disagrees with any of the contents of the report, the Secretary shall advise the Minister of the particulars with which the Secretary disagrees: iv: the Chief of Defence Force 3: The Secretary shall have all such other powers as may be reasonably necessary to enable the Secretary to perform the functions and duties imposed on the Secretary by or under this Act or any other enactment. 4: Without limiting the generality of subsection (3), in the performance of any such function or duty the Secretary may, in the name and on behalf of the Crown,— a: enter into any contract, agreement, or arrangement with any other person; and b: purchase, take on lease, dispose of, or trade in any goods, services, or assets (whether tangible or intangible), including land, buildings, equipment, facilities, stores, operating supplies, investments, and ownership of any part of a body corporate; and c: sell or otherwise dispose of, or grant any lease or licence of, or easement over, any land or interest in land under the control of the Ministry of Defence. 1971 No 52 s 25; 1985 No 198 s 4; 1988 No 20 s 90(d) Section 24(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 24(2)(e)(iv) amended 28 July 1997 section 4 Defence Amendment Act 1997 25: Chief of Defence Force 1: In addition to the functions imposed on the Chief of Defence Force by or under this Act or any other enactment, the Chief of Defence Force shall— a: be the principal military adviser to the Minister and other Ministers; and b: be responsible to the Minister for— i: the carrying out of the functions and duties of the Defence Force (including those imposed by any enactment or by the policies of the Government); and ii: the general conduct of the Defence Force; and iii: the efficient, effective, and economical management of the activities and resources of the Defence Force ; and c: be responsible to the appropriate Minister for— i: the carrying out of those functions and duties of the Defence Force (including those imposed by any enactment or by the policies of the Government) that relate to that Minister’s portfolio; and ii: the tendering of advice to that Minister on any matter relating to that Minister’s portfolio. 2: The Minister shall give to the Chief of Defence Force written terms of reference (not being inconsistent with any of the provisions of this Act) setting out the terms and conditions of appointment as Chief of Defence Force, the duties and obligations of that appointment, and the manner in which the Government expects those duties and obligations to be carried out; and it shall be the duty of the Chief of Defence Force to perform the functions and to exercise the powers of the Chief of Defence Force in accordance with those terms of reference. 3: In the exercise of command, or in the exercise of the functions imposed on the Chief of Defence Force, the Chief of Defence Force may from time to time make such representations as the Chief of Defence Force considers necessary to the Minister or, if the Chief of Defence Force considers the circumstances to be exceptional, to the Prime Minister. 4: The Chief of Defence Force shall have all such other powers as may be reasonably necessary to enable the Chief of Defence Force to perform the functions and duties imposed on the Chief of Defence Force by or under this Act or any other enactment. 5: Without limiting the generality of subsection (4), in the performance of any such function or duty the Chief of Defence Force may, in the name and on behalf of the Crown,— a: enter into any contract, agreement, or arrangement with any other person; and b: purchase, take on lease, dispose of, or trade in any goods, services, or assets (whether tangible or intangible), including land, buildings, equipment, facilities, stores, operating supplies, investments, and ownership of any part of any body corporate; and c: sell or otherwise dispose of, or grant any lease, licence, or easement over, any land or interest in land under the control of the Defence Force. 1971 No 52 s 24; 1988 No 88 s 6 Section 25(1)(b)(iii) amended 1 July 1999 section 8 Veterans’ Affairs Act 1999 Section 25(1)(c) added 1 July 1999 section 8 Veterans’ Affairs Act 1999 26: Chief of Defence Force may be relieved of particular responsibilities in time of war or other like emergency 1: In time of war or other like emergency or in the event of any actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Minister of Defence may, at the request of the Chief of Defence Force, relieve the Chief of Defence Force of responsibility for any particular function imposed on the Chief of Defence Force by or under this Act or any other enactment, if the Minister is satisfied that it is necessary or desirable to do so to enable the Chief of Defence Force to perform the principal functions of the Chief of Defence Force in relation to the war or other like emergency or to the actual or imminent emergency, as the case may require. 2: Where under subsection (1) the Minister relieves the Chief of Defence Force of responsibility for any function, the Minister shall impose that responsibility on some other member of the Defence Force; and that officer shall be and remain responsible to the Minister for the performance of that function until relieved of that responsibility by the Minister. 27: Defence Force Orders 1: In performing the functions and duties and exercising the powers of the Chief of Defence Force, the Chief of Defence Force may from time to time, for the purposes of this Act, issue Armed Forces Discipline Act 1971 2: Any officer or person duly authorised by the Chief of Defence Force, either by name or appointment, may issue 3: The production of a document that purports to be a copy of a Defence Force Order and that includes a copy of the signature of the Chief of Defence Force, or of any officer or other person duly authorised by the Chief of Defence Force to sign such copies, shall, in the absence of proof to the contrary, be sufficient evidence of the order in all courts and proceedings and for all other purposes. 4: Subject to subsection (5), every order issued under this section shall come into force on such date as may be specified in the order, being the date of the order or any other date after the date on which it was issued. 5: Any order issued under this section relating to terms and conditions of service of members of the Armed Forces and conferring benefits on any such members may have effect from a date before the date of the issue of the order. 1971 No 32 s 28 Section 27(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 27A: Application of Legislation Act 2019 to Defence Force Orders 1: A Defence Force Order under section 27 see Part 3 2: A Defence Force Order that is secondary legislation commences in accordance with section 27(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 referred to in this section. Legislation Act 2019 requirements for secondary legislation referred to in this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27A inserted 28 October 2021 section 3 Secondary Legislation Act 2021 28: Chiefs of Service 1: The Governor-General in Council may from time to time appoint any officer of the Royal New Zealand Navy to be Chief of Navy a: under the Chief of Defence Force, command the Navy; and b: be responsible for advising the Minister, through the Chief of Defence Force, on any matter relating to the Navy; and c: be responsible to the Chief of Defence Force for the implementation of policies, plans, and programmes prescribed or approved in accordance with this Act in relation to the Navy. 2: The Governor-General in Council may from time to time appoint an officer of the Army to be Chief of Army a: under the Chief of Defence Force, command the Army; and b: be responsible for advising the Minister, through the Chief of Defence Force, on any matter relating to the Army; and c: be responsible to the Chief of Defence Force for the implementation of policies, plans, and programmes prescribed or approved in accordance with this Act in relation to the Army. 3: The Governor-General in Council may from time to time appoint an officer of the Air Force to be Chief of Air Force a: under the Chief of Defence Force, command the Air Force; and b: be responsible for advising the Minister, through the Chief of Defence Force, on any matter relating to the Air Force; and c: be responsible to the Chief of Defence Force for the implementation of policies, plans, and programmes prescribed or approved in accordance with this Act in relation to the Air Force. 4: Where the Chief of Defence Force places a joint force under the command of a Chief of Service section 12(1)(b) Chief of Service Chief of Service Chief of Service 5: The Chief of Defence Force shall give to each Chief of Service Chief of Navy or Chief of Army or Chief of Air Force Chief of Service 6: In the exercise of command, and in the exercise of the functions imposed by or under this Act or any other enactment, each Chief of Service Chief of Service 1971 No 52 s 27; 1988 No 88 s 8 Section 28 heading substituted 20 September 2007 section 4 Defence Amendment Act 2007 Section 28(1) amended 17 May 2005 section 4(1) Defence Amendment Act 2005 Section 28(2) amended 17 May 2005 section 4(2) Defence Amendment Act 2005 Section 28(3) amended 17 May 2005 section 4(3) Defence Amendment Act 2005 Section 28(4) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 28(5) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 28(5) amended 17 May 2005 section 4(4) Defence Amendment Act 2005 Section 28(6) amended 20 September 2007 section 4 Defence Amendment Act 2007 29: Chiefs of Service Committee 1: There shall continue to be a committee known as the Chiefs of Service Committee a: the Chief of Defence Force: b: the Chief of Navy: c: the Chief of Army: d: the Chief of Air Force. 2: The Committee shall have such functions, duties, and powers, not inconsistent with this Act, as the Chief of Defence Force may determine. 3: The Chief of Defence Force shall be the convener of the committee, and shall preside at its meetings. In the absence of the Chief of Defence Force from any meeting of the committee, the Chief of Defence Force shall appoint one of the permanent members to preside at the meeting. 4: The committee may from time to time appoint any officer of the Armed Forces or any other person employed in the service of the Crown to be an associate member of the committee. Any such appointment may at any time be revoked by resolution of the permanent members of the committee. 5: An associate member of the committee shall, subject to subsection (4), be entitled to participate in the proceedings of the committee in like manner as if he or she were a permanent member. 6: Where a meeting of the Chiefs of Service Committee Chief of Service 7: Subject to the provisions of this Act, the committee may regulate its procedure in such manner as it thinks fit. 1971 No 52 s 31 Section 29 heading substituted 20 September 2007 section 4 Defence Amendment Act 2007 Section 29(1) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 29(1)(b) substituted 17 May 2005 section 5 Defence Amendment Act 2005 Section 29(1)(c) substituted 17 May 2005 section 5 Defence Amendment Act 2005 Section 29(1)(d) substituted 17 May 2005 section 5 Defence Amendment Act 2005 Section 29(6) amended 20 September 2007 section 4 Defence Amendment Act 2007 30: Delegation of functions, duties, and powers 1: The Minister may, from time to time, by writing under the Minister’s hand, either generally or particularly, delegate to the Chief of Defence Force any of the Minister’s functions, duties, or powers, including functions, duties, or powers delegated to the Minister under this Act or any other enactment. 2: The Chief of Defence Force may, from time to time, by writing under his or her hand, either generally or particularly, delegate to any member of the Defence Force, any of the functions, duties, and powers of the Chief of Defence Force, including any functions, duties, and powers delegated to the Chief of Defence Force by the Minister. 3: Any Chief of Service Chief of Service Chief of Service 4: Notwithstanding any of the preceding provisions of this section, no function, duty, or power delegated to any person under this section shall be subdelegated by that person if such subdelegation was prohibited by the delegating authority. 5: A delegation under this section may be made to a person referred to by name, or to the holder of a specified appointment, or to members of a specified class. 6: Subject to any general or special directions given or conditions attached by the delegating authority, the person to whom any functions, duties, or powers have been delegated may exercise those functions, duties, or powers in the same manner and to the same extent as if they had been directly conferred on that person by this Act and not by delegation. 7: Any such delegation may at any time be revoked in whole or in part by the delegating authority, but no such revocation shall affect anything done under the delegation. 8: No delegation under this section shall prevent the exercise by the delegating authority of the delegating authority’s functions, duties, or powers. 9: The fact that a person purports to exercise any function, duty, or power pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be sufficient evidence that the person is acting within the scope of the authority conferred by the delegation. 10: Nothing in this section applies to functions, duties, or powers of command. 1971 No 52 s 29; 1974 No 24 s 2 Section 30(3) amended 20 September 2007 section 4 Defence Amendment Act 2007 31: Consultation between Secretary of Defence and Chief of Defence Force 1: The Secretary of Defence and the Chief of Defence Force shall consult with each other on any advice on any major matters of defence policy that is to be given by the Secretary or the Chief of Defence Force to the Minister or other Ministers. 2: The Minister may from time to time require the Secretary of Defence and the Chief of Defence Force to consult formally with each other on any advice that is to be, or could be, or has been given by the Secretary or the Chief of Defence Force to the Minister. 3: The Secretary or the Chief of Defence Force may recommend to the Minister that the Minister should issue a requirement to consult under subsection (2), and the Minister shall inform the Secretary and Chief of Defence Force in writing of the Minister’s decision on the recommendation. 4: No requirement to consult under this section shall affect any duty, obligation, or power of the Secretary or the Chief of Defence Force, or the responsibility of the Secretary or the Chief of Defence Force for the performance of any duty or obligation or the exercise of any power. 1971 No 52 s 32 4: Terms and conditions of service in the armed forces Appointments and enlistments 32: Appointment, promotion, and discharge of officers 1: Subject to the provisions of this Act, the Governor-General may from time to time— a: appoint officers to a service of the Armed Forces: b: in the name and on behalf of the Sovereign, issue commissions under the Seal of New Zealand to officers of the Armed Forces: c: promote officers to a higher rank: d: release an officer or discharge an officer or cancel or vary an officer’s commission or vary an officer’s appointment. 1A: The Governor-General may, from time to time, by writing under the Governor-General’s hand, delegate to the Chief of Defence Force any of the Governor-General’s powers specified in paragraphs (a), (c), and (d) of subsection (1); and section 30(4) to (9) 2: The Chief of Defence Force shall cause notice of all appointments, commissions, and other acts done under this section to be promulgated by Defence Force Orders 1971 No 52 s 35 Section 32(1)(d) substituted 28 July 1997 section 5(1) Defence Amendment Act 1997 Section 32(1A) inserted 28 July 1997 section 5(2) Defence Amendment Act 1997 Section 32(3) amended 28 July 1997 section 5(3) Defence Amendment Act 1997 33: Appointment, enlistment, and engagement 1: No person who is under 17 years may be appointed to, or enlisted or engaged in, the Navy, the Army, or the Air Force. 2: Subject to subsection (1), section 36 a: a New Zealand citizen or a citizen of any other Commonwealth country: b: any other person with the prior consent of the Chief of Defence Force. Section 33 substituted 27 September 2001 section 3 Defence Amendment Act 2001 33A: Age requirements Nothing in section 22 Section 33A inserted 1 February 1994 section 145 Human Rights Act 1993 34: Oath of allegiance Every person who is appointed to, or is enlisted or engaged in, the Navy, the Army, or the Air Force shall take and subscribe before a commissioned officer, or such other person as may be prescribed, an oath of allegiance to the Sovereign in such form as may be prescribed from time to time. 1971 No 52 s 37 35: Effect of oath of allegiance An oath of allegiance shall bind the person subscribing it to serve in the Service to which that person is appointed, or in which that person is engaged or enlisted, in accordance with the tenor of the oath until that person is discharged from the Service. 1971 No 52 s 38 Provisions relating to minors 36: Enlistment of minors 1: Subject to section 46 or in a civil union 2: Subject to subsection (3), any such objection may be made— a: by a parent of the minor; or b: by any testamentary or court-appointed guardian of the minor; or c: by a court, if the minor is for the time being under the guardianship of that court under the Care of Children Act 2004 3: No such objection may be made by any parent or guardian who is for the time being under a disability. 4: Subject to section 46 or in a civil union a: a consent in writing obtained— i: if both parents of the minor are alive, are guardians of the minor, and are not under a disability, from one of those parents; or ii: if both parents of the minor are alive, but only one of them is a guardian of the minor and is not under a disability and the minor has no other legal guardian, from that parent; or iii: if only one of the parents of the minor is alive (being a parent who is a guardian of the minor and not under a disability) and the minor does not have any other legal guardian, from the surviving parent; or iv: if both parents of the minor are alive but are under a disability, or if only one of the parents is alive but is under a disability, or if both of the parents are dead, and the minor has one or more testamentary or court-appointed guardians, from that guardian or one of those guardians, as the case may be; or v: if one of the parents of the minor is alive, and is a guardian of the minor and not under a disability, and the minor also has a testamentary or court-appointed guardian, from either the parent or the guardian; or vi: if both parents of the minor are alive but are under a disability or if only one of the parents is alive but is under a disability, or if both of the parents are dead, and the minor has no testamentary or court-appointed guardian, from a District Court Judge; or vii: if the minor is for the time being placed under the guardianship of the court under the Care of Children Act 2004 b: a written acknowledgment by the person giving the consent that he or she is aware that the person enlisting will be liable for active service at any time after that person attains the age of 18 years. 5: An acknowledgment referred to in subsection (4)(b) need not be given or signified separately from the written consent if the consent is given on a form that contains a conspicuous statement to the effect that the person enlisting will be liable for active service outside New Zealand at any time after attaining the relevant (specified) age. 6: If any such application is not accompanied by the required consent, it shall be accompanied by a statement of the reasons as to why consent has not or cannot be obtained. 7: The enlistment of any person pursuant to this section shall be binding on that person notwithstanding anything to the contrary in subpart 6 8: For the purposes of this section, a person shall be deemed to be under a disability if, by reason of his or her mental condition, that person is unable to understand the nature of any objection or, as the case may be, any consent made or given for the purposes of this section. 1971 No 52 s 39; 1973 No 25 s 17(4)(a) Section 36(1) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 36(2)(c) substituted 3 June 1998 Guardianship Amendment Act 1998 Section 36(2)(c) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(4) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 36(4)(a)(vii) substituted 3 June 1998 Guardianship Amendment Act 1998 Section 36(4)(a)(vii) amended 1 July 2005 section 151 Care of Children Act 2004 Section 36(4)(b) substituted 27 September 2001 section 4 Defence Amendment Act 2001 Section 36(7) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 37: Liability of minors for active service No person serving in the Armed Forces who is under 18 years is liable for active service. Section 37 substituted 27 September 2001 section 5 Defence Amendment Act 2001 Liability for and duration of service 38: Liability for and duration of service in regular forces 1: Subject to sections 36 37 2: Notwithstanding subsection (1),— a: when the period of service of a member of the regular forces has been completed, that member shall be discharged or released from the regular forces without delay, but that member shall be liable to continue serving until that discharge or release is effected; and b: in time of war or other like emergency, the Governor-General may, by Proclamation, make an order that members of the regular forces who would, but for the war or emergency, be entitled to be discharged or released shall be liable to continue to serve; and, on the making of any such Proclamation, those members shall be liable to continue to serve during the continuance of the state of war or emergency for such period as the Minister may determine; and c: in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, make an order that members of the regular forces who would, but for the emergency, be entitled to be discharged or released shall be liable to continue to serve for such period not exceeding 6 months as may be specified in the Proclamation; and on the making of any such Proclamation, those members shall be liable to continue to serve until the emergency has passed or until the period specified in the Proclamation has expired, whichever is the sooner. 1971 No 52 s 42; 1980 No 40 s 4 39: Liability for service in territorial forces 1: Subject to subsection (2), the terms and conditions of service in the territorial forces shall be such as may be prescribed from time to time. 2: In time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 3: In the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, declare the territorial forces, or any specified part of those forces, to be liable for continuous service, either in New Zealand or elsewhere, for such period not exceeding 3 months as may be specified in the Proclamation or until the emergency has sooner passed. 1971 No 52 s 43; 1973 No 25 s 17(4)(c) Section 39(2) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 40: Liability for service in reserve forces 1: Subject to subsection (2), the terms and conditions of service and training in the reserve forces shall be such as may be prescribed from time to time. 2: In time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 3: In the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, the Governor-General may, by Proclamation, transfer the reserve forces, or any specified part of those forces, to the regular forces or the territorial forces for such period not exceeding 3 months as may be specified in the Proclamation; and on the making of any such Proclamation, the forces so transferred shall be liable for continuous service, either in New Zealand or elsewhere, until the emergency has passed or the period specified in the Proclamation has expired, whichever is the sooner. Section 40(2) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 41: Further provisions relating to Proclamations 1: This section applies to every Proclamation made under section 38(2)(c) section 39(3) section 40(3) 2: Every Proclamation to which this section applies shall have stated in it the reasons for its making. 3: The period specified in any Proclamation made under section 38(2)(c) 4: The period specified in any Proclamation made under section 39(3) section 40(3) 5: On making any Proclamation to which this section applies, or any Proclamation under subsection (3) or subsection (4), the Governor-General shall inform the House of Representatives that the Proclamation has been made, and of the reasons for its making,— a: forthwith, if the House of Representatives is then sitting; or b: if the House of Representatives is not then sitting, at the earliest practicable opportunity. 42: Protection of employment when Proclamation made Part 2 a: every employee— i: who is a member of the territorial forces or the reserve forces; and ii: who, in time of war or other like emergency or during any state of emergency declared under the Civil Defence Emergency Management Act 2002 section 39(2) section 40(2) iii: who was, at the time of the making of the Proclamation, employed by an employer: b: every employee— i: who is a member of the territorial forces or the reserve forces; and ii: who, in the event of an actual or imminent emergency involving the deployment of members of the Armed Forces outside New Zealand, is, as a consequence of a Proclamation made under section 39(3) section 40(3) iii: who was, at the time of the making of the Proclamation, employed by an employer. Section 42 substituted 1 April 2004 section 4(1) Defence Amendment Act 2004 43: Discretion to waive or postpone requirement for continuous service 1: Notwithstanding section 38 section 39 section 40 2: A waiver or postponement under subsection (1) may be made on the application of the member or (in the case of a member of the territorial forces or of the reserve forces) the member’s employer. 3: Where the member is to be part of a deployment of the Armed Forces outside New Zealand, an application for a waiver or postponement under this section shall be made not less than 7 days before the date on which the member is due to leave New Zealand as part of that deployment. 1971 No 52 s 44; 1983 No 46 s 83 44: Active service 1: For the purposes of this Act, any part of the Armed Forces is on active service when— a: there is for the time being in force an active service order posting it for active service; or b: it is engaged in any operation against the enemy; or c: it is in armed occupation of any foreign country. 2: For the purposes of this Act, every member of the Armed Forces is on active service when— a: there is for the time being in force an active service order posting that member for active service; or b: the part of the Armed Forces with which that member is serving or which that member is visiting is on active service. 3: No person or part of the Armed Forces that is for the time being on active service shall cease to be on active service until the issue of an active service order to that effect. 1971 No 52 s 45; 1985 No 198 s 6 Pay and allowances, etc 45: Conditions of service in Armed Forces 1: Except as otherwise provided in this section, the conditions of service of members of the Armed Forces shall be prescribed 2: In prescribing a: the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and b: the need to be fair both— i: to the persons or group of persons whose remuneration is being determined; and ii: to the taxpayer; and c: the need to recruit and retain competent persons. 3: The Chief of Defence Force shall consult with the Public Service Commission prescribing Public Service Commission prescribing prescribing Public Service Commission 4: The remuneration of members holding the positions of— a: Chief of Defence Force; or b: the Chief of Navy; or c: the Chief of Army; or d: the Chief of Air Force,— shall be determined from time to time by the Remuneration Authority 5: Nothing in the Employment Relations Act 2000 5A: Nothing in the Fair Pay Agreements Act 2022 6: Nothing in this section affects any conditions of service in force in respect of members of the Armed Forces immediately before 1 April 1988. 1971 No 52 s 46; 1988 No 30 s 2 Section 45(1) amended 28 July 1997 section 7(a) Defence Amendment Act 1997 Section 45(2) amended 28 July 1997 section 7(b) Defence Amendment Act 1997 Section 45(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 45(3) amended 28 July 1997 section 7(b) Defence Amendment Act 1997 Section 45(4) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 45(4)(b) substituted 17 May 2005 section 6 Defence Amendment Act 2005 Section 45(4)(c) substituted 17 May 2005 section 6 Defence Amendment Act 2005 Section 45(4)(d) substituted 17 May 2005 section 6 Defence Amendment Act 2005 Section 45(5) substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 45(5A) inserted 1 December 2022 section 285 Fair Pay Agreements Act 2022 46: Regulations fixing certain terms and conditions of service Without limiting the power to make regulations under section 101 Government Superannuation Fund Act 1956 Veterans' Support Act 2014 a: the making of grants in the amounts and circumstances prescribed by the regulations to— i: discharged or retired members of the Armed Forces; or ii: dependants of members of the Armed Forces; or iii: dependants of deceased, discharged, or retired members of the Armed Forces; or iv: the executors or administrators of the estates of deceased members of the Armed Forces (whether or not probate or letters of administration have been granted): b: the continuance or withholding of pay and allowances of members of the Armed Forces who are absent from duty without leave, in desertion, posted missing, or captured by the enemy: c: providing for the payment of expenses to persons (not being members of the regular forces) required to attend medical examinations or selection boards or required to act on any matter that concerns the Defence Force: d: the payment of compensation for loss of or damage to service kit and personal effects: e: providing for injuries suffered by members of the Armed Forces in authorised sports to be deemed to be attributable to service: f: providing for the grant of travelling privileges or expenses, or both, to next of kin to visit the sick and wounded or to attend investitures: g: providing for stoppages from the pay of a member of the Armed Forces— i: to make good in whole or in part, damage to, or the loss or destruction of, any public or other property found after investigation to have been caused by that member in the course of or in connection with that member’s duties by wrongful act or negligence; or ii: to make good loss found after investigation to have resulted from the unlawful retention of public or other money by that member in the course of or in connection with that member’s duties: h: requiring, in cases where for a special purpose public money has been or is to be advanced to or expended on behalf of a member of the Armed Forces, for that member to enter into a bond or deed of covenant in such form as may be prescribed: i: providing for funerals and burials of deceased members of the Armed Forces: j: providing for the establishment of educational, training, and entertainment funds and such other funds as the Minister, with the concurrence of the Minister of Finance, may prescribe. 1971 No 52 s 47 Section 46 amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 46(a) substituted 22 October 2003 section 3 Defence Amendment Act 2003 47: Defence Force Orders fixing certain terms and conditions of service Section 47 repealed 28 July 1997 section 8 Defence Amendment Act 1997 48: Determinations and regulations to be notified in Defence Force Orders Section 48 repealed 28 July 1997 section 9 Defence Amendment Act 1997 Miscellaneous provisions relating to service 49: Redress of complaints 1: Except in respect of a matter that would properly be the subject of an appeal under the Court Martial Appeals Act 1953 Armed Forces Discipline Act 1971 2: If the complainant is not satisfied with the decision of the authority to whom the complaint was made, and that authority refuses or fails, when requested to do so, to forward the complaint to the next superior authority, the complainant shall be entitled to make a complaint direct to the next superior authority, and, in the case of any further refusal or failure, to the next superior authority, and so on as prescribed. 3: It is the duty of any authority receiving a complaint under this section to investigate it or have it investigated as soon as practicable and to take such steps for redressing the complaint as appear to that authority to be necessary. 1971 No 52 s 50 Section 49(1) amended 1 July 2009 section 4(1) Defence Amendment Act (No 2) 2007 50: Special service 1: Without limiting the provisions of sections 39(2) 40(2) sections 36 37 2: On any such offer being accepted, the member or other person shall be accordingly liable to serve whenever required, during the period to which the offer extends. 3: The Governor-General may, from time to time, by writing under the Governor-General’s hand, delegate to the Chief of Defence Force the power that the Governor-General has, under subsection (1), to accept an offer of the kind described in that subsection. 4: Section 30(4) to (9) 1971 No 52 s 52 Section 50(3) added 1 April 2004 section 5 Defence Amendment Act 2004 Section 50(4) added 1 April 2004 section 5 Defence Amendment Act 2004 50A: Power to declare situation of national interest in relation to special service The Governor-General may from time to time, by Order in Council published in the Gazette section 50 Volunteers Employment Protection Act 1973 a: who undertakes special service under section 50 b: whose obligation to undertake that service under section 50 c: who was, at the time of the making of the order, employed by an employer. Section 50A inserted 1 April 2004 section 6 Defence Amendment Act 2004 50B: Protection of employment when situation of national interest declared Part 3 a: every employee— i: who is a member of the territorial forces or the reserve forces or other person; and ii: who undertakes special service under section 50 iii: whose obligation to undertake that service under section 50 section 50A b: who was, at the beginning of the period specified in the order made under section 50A Section 50B inserted 1 April 2004 section 6 Defence Amendment Act 2004 51: Persons receiving pay but not properly attested A person who, without having been properly attested, has accepted pay as a member of a component of the Armed Forces referred to in section 11(3) to (5) a: is a member of that component until discharged; and b: must be discharged without delay at any time before being properly attested, if he or she so requests. Section 51 substituted 22 October 2003 section 4 Defence Amendment Act 2003 Discharge or release from regular forces on notice 52: Members may give notice of intention to leave regular forces 1: Subject to section 38(2)(b) sections 53 to 57 2: A notice given by a member of the regular forces for the purposes of this section shall be in writing, and the period of the notice shall commence to run on the day on which it is given to the officer in command of the member’s ship or unit. 3: A member who gives notice to terminate his or her service in the regular forces shall be deemed to have completed his or her service on— a: the expiry of the notice; or b: if the period of notice is less than 3 months, the expiry of the period of 3 months commencing with the day on which the notice is given,— or on such earlier date as the Chief of Defence Force may from time to time prescribe in Defence Force Orders 1971 No 52 s 54; 1980 No 40 s 5 Section 52(3) amended 28 July 1997 section 10 Defence Amendment Act 1997 53: Return of service obligation Notwithstanding subsection (3) section 52 section 54 section 55 1971 No 52 s 54A; 1980 No 40 s 5 Section 53 amended 3 June 1998 section 2 Defence Amendment Act 1998 54: State of critical manning 1: For the purposes of this section, a specified class of members of the Armed Forces is in a state of critical manning if it is declared to be so by the Chief of Defence Force. 2: Notwithstanding subsection (3) section 52 section 53 section 55 1971 No 52 s 54B; 1980 No 40 s 5 Section 54(2) amended 3 June 1998 section 3 Defence Amendment Act 1998 55: Notice while serving overseas, etc Notwithstanding subsection (3) section 52 section 53 section 54 1971 No 52 s 54C; 1980 No 40 s 5 Section 55 amended 3 June 1998 section 4 Defence Amendment Act 1998 56: Discretion to relax requirements Notwithstanding sections 53 to 55 Chief of Service 1971 No 52 s 54D; 1980 No 40 s 5 Section 56 amended 20 September 2007 section 4 Defence Amendment Act 2007 57: Notice while subject to disciplinary proceedings, etc 1: For the purposes of this section,— a: a member of the regular forces is facing disciplinary proceedings if any proceedings (including any proceedings on appeal or review or by way of confirmation) against the member are continuing or pending under the Armed Forces Discipline Act 1971 b: a member of the regular forces is serving a sentence of imprisonment or detention if the member is serving such a sentence imposed under the Armed Forces Discipline Act 1971 2: Notwithstanding subsection (3) section 52 a: while facing disciplinary proceedings, gives notice under that section; or b: having given notice under that section, subsequently faces disciplinary proceedings,— that member’s period of service shall not be deemed to have been completed until the proceedings have been completed, and the member has served any sentence of imprisonment or detention imposed as a result of those proceedings. 3: Notwithstanding subsection (3) section 52 1971 No 52 s 54E; 1980 No 40 s 5; 1985 No 198 s 8 Section 57(2) amended 3 June 1998 section 5 Defence Amendment Act 1998 Section 57(3) amended 28 July 1997 section 11 Defence Amendment Act 1997 Discharge or release from services for incompatible behaviour Heading inserted 1 February 1994 section 145 Human Rights Act 1993 57A: Members may be discharged or released for incompatible behaviour 1: The Chief of Defence Force may institute the discharge or release of a member of the Services if the Chief of Defence Force has reasonable grounds for believing— a: that the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within a Service or which tends to bring a Service into disrepute; and b: that the discharge or release of the member is necessary— i: to maintain good order and discipline; or ii: to avoid prejudice to the reputation of that Service. 2: Subsection (1) applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind. Section 57A inserted 1 February 1994 section 145 Human Rights Act 1993 Unit funds, messes, etc 58: Unit and other non-public funds 1: For the purposes of this section, the term service authority a: in relation to funds established pursuant to subsection (2), the Chief of Defence Force; or b: in relation to funds established pursuant to subsection (3), the Chief of Navy c: in relation to funds established pursuant to subsection (4), the Chief of Army d: in relation to funds established pursuant to subsection (5), the Chief of Air Force 2: The Chief of Defence Force may from time to time establish, or authorise the establishment of, such funds under such names as the Chief of Defence Force thinks fit for— a: the benefit of members of the Armed Forces or discharged members of the Armed Forces generally or of members of the Armed Forces or discharged members of the Armed Forces of 2 or more Services, or of the dependants of members of the Armed Forces or discharged or deceased members of the Armed Forces, or the benefit of visiting members of the Armed Forces; and b: any other object of any kind that the Chief of Defence Force considers beneficial to the Armed Forces or to members of the Armed Forces. 3: The Chief of Navy the Chief of Navy a: the benefit of any naval ship or naval establishment, or of members or discharged members of the Navy generally or members or discharged members of any part of the Navy, or of the dependants of any such members or discharged or deceased members; and b: any other object of any kind that the Chief of Navy 4: The Chief of Army the Chief of Army a: the benefit of any army camp or unit of the Army, or of members or discharged members of the Army generally or members or discharged members of any part of the Army, or of the dependants of any such members or discharged or deceased members; and b: any other object of any kind that the Chief of Army 5: The Chief of Air Force the Chief of Air Force a: the benefit of any Air Force base or unit of the Air Force, or of members or discharged members of the Air Force generally or members or discharged members of any part of the Air Force, or of the dependants of any such members or discharged or deceased members; and b: any other object of any kind that the Chief of Air Force 6: Without limiting the provisions of subsections (2) to (5), money forming part of any fund established under this section may from time to time, with the prior consent of the appropriate service authority, be spent on the acquisition of any land (whether Crown land or otherwise) to be held for any of the objects of the fund. Notwithstanding anything in any enactment or rule of law, any land so acquired may be vested in and held in the name of Her Majesty the Queen for the purposes of this section. 7: Any land so acquired may, with the prior consent of the appropriate service authority, be disposed of for valuable consideration, and on any such disposal, the land shall cease to be subject to this section. The proceeds of any such disposition shall be held for the purposes of the fund from which the money for the acquisition of the land was expended. 8: All documents required to be executed for the purposes of subsection (6) or subsection (7) by or on behalf of the Crown may be executed by the Chief of Defence Force. 9: Without limiting the power of the Chief of Defence Force to issue orders under section 27 10: The appropriate service authority may from time to time vary the objects of any such fund, or abolish any such fund and transfer its assets to any other such fund, having due regard to the purposes for which the varied or abolished fund was established and to any conditions specifically imposed by any person from whom any money in the fund was received. 11: Notwithstanding anything in the Public Finance Act 1989 Auditor-General who for that purpose has all of the powers that he or she has under the Public Audit Act 2001 for the purposes of exercising or performing his or her functions, duties, or powers 12: The Crown shall not be liable in respect of any loss sustained by any fund established under this section, whether arising out of any act or omission of an employee of the Crown or by reason of any other cause. 13: The provisions of this section shall apply with respect to all funds established before the passing of this Act for any of the purposes specified in subsections (2) to (5) and in existence at the passing of this Act as if they had been established under this section. If any question arises as to whether any fund is a fund to which this subsection applies, it shall be decided by the Minister, and that decision shall be final. 14: Where any part of any Service of the Armed Forces has been abolished, altered, or reconstituted, whether before or after the commencement of this Act, its non-public funds and all of its other property shall be disposed of, transferred, or held by the appropriate service authority for such purposes as are authorised by subsections (2) to (5), as the authority may determine, having due regard to the purposes for which the funds were established or the property was given or acquired, as the case may be, and to any conditions specifically imposed by any person from whom any property or any money in the funds was received. 1971 No 52 s 55 Section 58(1)(b) amended 17 May 2005 section 7(1)(a) Defence Amendment Act 2005 Section 58(1)(c) amended 17 May 2005 section 7(1)(b) Defence Amendment Act 2005 Section 58(1)(d) amended 17 May 2005 section 7(1)(c) Defence Amendment Act 2005 Section 58(3) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(3) amended 17 May 2005 section 7(2) Defence Amendment Act 2005 Section 58(3)(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(4) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(4) amended 17 May 2005 section 7(3) Defence Amendment Act 2005 Section 50(4)(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(5) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(5) amended 17 May 2005 section 7(4) Defence Amendment Act 2005 Section 58(5)(b) amended 20 September 2007 section 4 Defence Amendment Act 2007 Section 58(11) amended 7 July 2010 section 4 Defence Amendment Act 2010 Section 58(11) amended 1 July 2001 section 52 Public Audit Act 2001 5: Terms and conditions of service in the Civil Staff 59: General principles 1: The Chief of Defence Force shall, in respect of the members of the Civil Staff, operate a personnel policy that complies with the principle of being a good employer. 2: For the purposes of this section, a good employer a: good and safe working conditions; and b: an equal employment opportunities programme; and c: the impartial selection of suitably qualified persons for appointment; and d: recognition of— i: the aims and aspirations of the Maori people; and ii: the employment requirements of the Maori people; and iii: the need for greater involvement of the Maori people in the public sector; 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 persons with disabilities. 3: In addition to the requirements, specified in subsections (1) and (2), the Chief of Defence Force shall ensure that all members of the Civil Staff maintain proper standards of integrity, conduct, and concern for the public interest. 60: Code of conduct The Chief of Defence Force may from time to time issue a code of conduct covering the minimum standards of integrity and conduct that are to apply in the Civil Staff. 61: Equal employment opportunities 1: The Chief of Defence Force— a: shall in each year develop and publish an equal employment opportunities programme for the Civil Staff; and b: shall ensure in each year that the equal employment opportunities programme for that year is complied with throughout the Civil Staff. 2: The Chief of Defence Force shall include in the annual report of the Defence Force— a: a summary of the equal employment opportunities programme for the year to which the report relates; and b: an account of the extent to which the Defence Force was able to meet, during the year to which the report relates, in respect of the Civil Staff the equal employment opportunities programme for that year. 3: For the purposes of this section and section 59 61A: Appointment of members of Civil Staff 1: Subject to this Part, the Chief of Defence Force— a: may from time to time appoint such suitable persons, not being officers, ratings, soldiers, or airmen of the regular forces, to be employees (including acting or temporary or casual employees) of the Defence Force as the Chief of Defence Force thinks necessary for the efficient conduct of the Defence Force; and b: may, subject to any conditions of employment included in the employment agreement 2: Except as provided in sections 70 71 Section 61A inserted 28 July 1997 section 12 Defence Amendment Act 1997 Section 61A(1)(b) amended 2 October 2000 section 240 Employment Relations Act 2000 62: Appointments on merit The Chief of Defence Force, in making an appointment to any position in Section 62 amended 28 July 1997 section 13 Defence Amendment Act 1997 63: Obligation to notify vacancies Where the Chief of Defence Force intends to fill a position that is vacant or is to become vacant in the Civil Staff, the Chief of Defence Force shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position. 64: Acting appointments 1: In the case of absence from duty of any member of the Civil Staff (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in the Civil Staff (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the member or pertaining to the position may be exercised and performed by any other member for the time being directed by the Chief of Defence Force to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues. 2: No such direction and no acts done by any member of the Civil Staff acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member has not been appointed to any position to which the direction relates. 65: Evidence of appointments 1: Any appointment to any section 30 2: A certificate signed by the Chief of Defence Force that any person named in the certificate was appointed to any Section 65(1) amended 28 July 1997 section 14 Defence Amendment Act 1997 Section 65(2) amended 28 July 1997 section 14 Defence Amendment Act 1997 66: Obligation to notify appointments The Chief of Defence Force shall notify to the members of the Civil Staff every appointment (other than that of an acting, temporary, or casual employee) made by the Chief of Defence Force to a Section 66 amended 28 July 1997 section 15 Defence Amendment Act 1997 67: Review of appointments 1: The Chief of Defence Force shall put into place for the Civil Staff a procedure for reviewing those appointments made to positions in 2: The procedure shall be approved by the Public Service Commission 3: Nothing in this section relates to an acting appointment. Section 67(1) amended 28 July 1997 section 16 Defence Amendment Act 1997 Section 67(2) amended 7 August 2020 section 135 Public Service Act 2020 68: Power to transfer members within Civil Staff 1: Where the Chief of Defence Force at any time finds in respect of any duties being carried out by the Defence Force through the Civil Staff— a: that those duties are no longer to be carried out by the Civil Staff; or b: that a greater number of members of the Civil Staff is employed on those duties than is considered by the Chief of Defence Force to be necessary for the carrying out of those duties,— the Chief of Defence Force may, without complying with sections 62 63 employment agreement 2: Nothing in section 67 Section 68(1) amended 2 October 2000 section 240 Employment Relations Act 2000 Application of Employment Relations Act 2000 Heading substituted 2 October 2000 section 240 Employment Relations Act 2000 69: Application to Civil Staff of Employment Relations Act 2000 Except as otherwise provided in this Act, the Employment Relations Act 2000 Section 69 substituted 2 October 2000 section 240 Employment Relations Act 2000 70: Negotiation of conditions of employment 1: The Chief of Defence Force is responsible for negotiating, under the Employment Relations Act 2000 2: The Chief of Defence Force must consult with the Public Service Commissioner 3: The Public Service Commissioner Public Service Commissioner Public Service Commissioner Section 70 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 70(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 70(3) amended 7 August 2020 section 135 Public Service Act 2020 71: Personal grievances and disputes Despite the provisions of sections 61A 70 a: in relation to a personal grievance, the employer is the Chief of Defence Force; and b: in relation to a dispute about the interpretation, application, or operation of any collective agreement, the employer is the Chief of Defence Force acting, if the Public Service Commissioner Public Service Commissioner Section 71 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 71(b) amended 7 August 2020 section 135 Public Service Act 2020 72: Compulsory arbitration and agreement not to strike or lock out Section 72 repealed 15 May 1991 Employment Contracts Act 1991 73: Contravention of agreement not to strike or lock out Section 73 repealed 15 May 1991 Employment Contracts Act 1991 5A: Superannuation Part 5A inserted 1 July 1992 Defence Amendment Act 1992 73A: Interpretation For the purposes of sections 73B and 73C superannuation scheme scheme means a retirement scheme within the meaning of section 6(1) Section 73A inserted 1 July 1992 Defence Amendment Act 1992 Section 73A amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 73A amended 1 May 2011 section 82 Financial Markets Authority Act 2011 73B: Chief of Defence Force may establish superannuation schemes for members of Defence Force The Chief of Defence Force may— a: arrange for any superannuation scheme or schemes to be established for members of the Defence Force: b: join with any other employer (whether or not in the State services) in arranging for any superannuation scheme or trust arrangement which is part of a superannuation scheme to be established for the purpose of providing, or facilitating the provision of, superannuation for members of the Defence Force: c: arrange for members of the Defence Force to become members of any established superannuation scheme: d: provide arrangements in respect of the superannuation of any individual member of the Defence Force. Section 73B inserted 1 July 1992 Defence Amendment Act 1992 73C: Requirements in respect of superannuation schemes for members of Defence Force Before contributing to any superannuation scheme established or arranged in respect of one or more of the members of the Defence Force pursuant to section 73B a: b: that the scheme provides that the sum of all benefits (including any lump sum payments, annuities, and other benefits) payable from the scheme in respect of any member of the scheme will not exceed the sum of— i: contributions paid by or on behalf of a member and investment earnings thereon; and ii: any allocations to the member from surplus funds held within the scheme; and iii: the amount paid in respect of that member from any insurance policy effected for the benefit of members of the scheme; and c: that the trust deed of the scheme defines the rates or amounts (if any) of contributions of the Chief of Defence Force or other employers and members of the Defence Force, or the basis on which such contributions are to be made; and d: that the trust deed of the scheme entitles the Chief of Defence Force to cease contributing to the scheme on behalf of a person if that person ceases to be a member of the Defence Force; and e: that the benefits provided by the scheme are fully funded as they accrue; and f: that, if the scheme enables members to withdraw from the scheme, the scheme enables withdrawing members to transfer to other superannuation schemes the value (as determined in accordance with the terms of the scheme) of the benefits attributable to that person’s membership of the scheme up to the date of withdrawal; and g: that the scheme enables any person who becomes a member of the Defence Force, if the Chief of Defence Force agrees to contribute to the scheme on that person’s behalf, to become a member of the scheme and to transfer to the scheme the value of the benefits attributable to that person’s membership of other superannuation schemes; and h: that the trust deed of the scheme does not permit amendments to be made to the scheme which would result in any provision of paragraphs (a) to (g) ceasing to apply to the scheme. Section 73C inserted 1 July 1992 Defence Amendment Act 1992 Section 73C(a) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 73D: Chief of Defence Force to obtain confirmation from Government Actuary that scheme meets requirements of this Act Section 73D repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 73E: Contributions to superannuation schemes The Chief of Defence Force may, for the purpose of providing retirement benefits to members of the Defence Force, contribute to any superannuation scheme that complies with the requirements of section 73C Section 73E inserted 1 July 1992 Defence Amendment Act 1992 73F: Chief of Defence Force may establish compulsory scheme for members of Armed Forces The Chief of Defence Force may require that all members of the Armed Forces who are not required to contribute under Part 3A section 73B Section 73F inserted 1 July 1992 Defence Amendment Act 1992 6: Cadet forces 74: Constitution of cadet forces 1: The Minister may from time to time raise and maintain cadet forces comprising the Sea Cadet Corps, the New Zealand Cadet Corps, and the Air Training Corps. 1A: The cadet forces referred to in subsection (1) must be maintained under the direction of the Chief of Defence Force. 2: The Minister may from time to time— a: determine the number of units comprising— i: the Sea Cadet Corps; or ii: the New Zealand Cadet Corps; or iii: the Air Training Corps; or iv: any combination of those corps; and b: authorise and direct the formation of a unit that is a unit of any of those corps or any combination of them, and determine or approve the size of the unit’s membership; and c: authorise or direct the disbanding of any such unit. 3: All cadet forces raised and maintained under the Defence Act 1971 and in being immediately before the commencement of this Act shall continue in being as if they had been raised under this section. 1971 No 52 s 57; 1985 No 198 s 9(1) Section 74(1) substituted 28 July 1997 section 17(1) Defence Amendment Act 1997 Section 74(1A) inserted 28 July 1997 section 17(1) Defence Amendment Act 1997 Section 74(2)(a) substituted 22 October 2003 section 5 Defence Amendment Act 2003 Section 74(2)(b) substituted 22 October 2003 section 5 Defence Amendment Act 2003 Section 74(2)(c) added 28 July 1997 section 17(2) Defence Amendment Act 1997 75: Personnel of cadet forces 1: The Sea Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such sea cadets as from time to time become members of, the Corps. 2: The New Zealand Cadet Corps shall consist of such cadet officers as are from time to time appointed to, and such New Zealand cadets as from time to time become members of, the Corps. 3: The Air Training Corps shall consist of such cadet officers as are from time to time appointed to, and such air cadets as from time to time become members of, the Corps. 1971 No 52 s 58; 1985 No 189 s 9 76: Cadet officers The Minister may from time to time— a: appoint suitably qualified persons to be cadet officers of either the Sea Cadet Corps, the New Zealand Cadet Corps, or the Air Training Corps; and b: issue cadet commissions to cadet officers; and c: prescribe the ranks that may be held by cadet officers; and d: promote cadet officers to a higher rank; and e: compulsorily retire a cadet officer or discharge a cadet officer or cancel a cadet officer’s commission or vary a cadet officer’s appointment; and f: cause notice of all such appointments, commissions, and other acts done under this section to be notified to the cadet forces 1971 No 52 s 59; 1985 No 198 s 9(1) Section 76(a) substituted 28 July 1997 section 18 Defence Amendment Act 1997 Section 76(f) amended 15 November 2000 section 4 Defence Amendment Act 2000 77: Functions of cadet forces The cadet forces shall have the following functions: a: the conduct of training courses or training programmes similar to those undertaken by the Armed Forces: b: the promotion of an appreciation among members of the cadet forces of the functions and operation of the Armed Forces: c: the development of good citizenship among members of the cadet forces. 1971 No 52 s 60 78: Assistance to cadet forces 1: The Chief of Defence Force the Chief of Defence Force a: grant financial assistance out of money appropriated by Parliament to enable the cadet forces to conduct such activities as the Chief of Defence Force b: determine the pay, allowances, expenses, grants, gratuities, and other emoluments (if any) to be paid out of money appropriated by Parliament to cadet officers and other members of the cadet forces; and c: determine any other terms and conditions of service of cadet officers and other members of the cadet forces; and d: provide the cadet forces with clothing, stores and equipment, and accommodation; and e: direct or authorise any member or class of members of the Armed Forces f: approve the conducting of training courses Armed Forces 2: When a member of the Armed Forces under subsection (1)(e) 3: The terms and conditions of service of cadet officers and other members of the cadet forces determined by the Chief of Defence Force Chief of Defence Force 4: Nothing in Part 4 Part 5 Armed Forces Discipline Act 1971 Public Service Act 2020 Government Superannuation Fund Act 1956 1971 No 52 s 61 Section 78(1) amended 28 July 1997 section 19(a) Defence Amendment Act 1997 Section 78(1) amended 28 July 1997 section 19(b) Defence Amendment Act 1997 Section 78(1)(a) amended 28 July 1997 section 19(a) Defence Amendment Act 1997 Section 78(1)(e) amended 15 November 2000 section 5(a) Defence Amendment Act 2000 Section 78(1)(f) amended 15 November 2000 section 5(a) Defence Amendment Act 2000 Section 78(1)(f) amended 15 November 2000 section 5(b) Defence Amendment Act 2000 Section 78(2) amended 15 November 2000 section 5(a) Defence Amendment Act 2000 Section 78(2) amended 15 November 2000 section 5(c) Defence Amendment Act 2000 Section 78(3) amended 28 July 1997 section 19(c) Defence Amendment Act 1997 Section 78(4) amended 7 August 2020 section 135 Public Service Act 2020 79: Member of cadet forces may be removed from defence area in certain cases If any member of a unit of the cadet forces that is conducting a training course or training programme or any other activity within a defence area refuses or fails to comply with the lawful orders or instructions of any member of the Armed Forces directing or supervising, or assisting in the direction or supervision of, the course, programme, or other activity, that member or any other member acting under his or her authority may remove the member of the unit from the area. 1971 No 52 s 62 80: Members of cadet forces eligible for war pensions 1: All the provisions of the Veterans' Support Act 2014 section 2 2: Section 9 1971 No 52 s 63 Section 80(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 81: Recognition of civilian organisations The Minister may from time to time recognise for the purposes of this section any civilian organisation that has as its object or as one of its objects the promotion of the functions or interest of any corps or unit of the cadet forces for the purpose of permitting that organisation to assist the corps or unit to carry out its functions or activities. 1971 No 52 s 64 7: Offences punishable by civil courts 82: Procuring and assisting desertion Every person commits an offence and is liable on a: intentionally or recklessly procures or persuades any member of the Armed Forces to desert or absent himself or herself without leave; or b: knowing that any member of the Armed Forces is about to desert or to absent himself or herself without leave, assists that member in doing so; or c: knowing any member of the Armed Forces to be a deserter or an absentee without leave from the Armed Forces,— i: conceals that member; or ii: assists that member in concealing himself or herself; or iii: rescues that member from custody or assists in his or her rescue from custody. 1971 No 52 s 66; 1988 No 88 s 13(1) Section 82 amended 1 July 2013 section 413 Criminal Procedure Act 2011 83: Obstructing members of Armed Forces in execution of duty Every person commits an offence and is liable on 1971 No 52 s 67; 1988 No 88 s 13(1) Section 83 amended 1 July 2013 section 413 Criminal Procedure Act 2011 84: Obstructing parades Every person commits an offence and is liable on 1971 No 52 s 68; 1988 No 88 s 13(1) Section 84 amended 1 July 2013 section 413 Criminal Procedure Act 2011 85: Aiding malingering Every person commits an offence and is liable on a: produces in a member of the Armed Forces any sickness or disability; or b: Supplies to or for any member of the Armed Forces any drug or preparation likely to render that member, or lead to the belief that that member is, permanently or temporarily unfit for service— with intent to enable that member, either permanently or temporarily, to avoid service in the Armed Forces. 1971 No 52 s 70; 1988 No 88 s 13(1) Section 85 amended 1 July 2013 section 413 Criminal Procedure Act 2011 86: False statements regarding pay or allowances, etc 1: Every person commits an offence and is liable on a: of obtaining payment of any amount by way of pay, allowance, or gratuity under this Act, whether as a dependant of a member of the Armed Forces or otherwise; or b: of obtaining any decoration, emblem, or award issued for gallantry or service in the Armed Forces. 2: If, as a consequence of the commission of an offence against this section, any amount is paid to a dependant of a member of the Armed Forces, or to any other person for the time being entitled to receive it, in excess of the amount to which the dependant or other person is entitled, the amount paid in excess, or any part of the amount, may be recovered from the dependant or other person out of money payable to the dependant or other person by the Crown but not yet paid, or out of money to become payable to the dependant or other person by the Crown, or may be recovered as a debt due to the Crown. 1971 No 52 s 72; 1988 No 88 s 13(1) Section 86(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 87: Failure to account for issued property 1: Every person in New Zealand to whom any property has been issued by or for the purposes of the Armed Forces otherwise than for that person’s permanent retention shall, on being required to do so by a notice in writing purporting to be signed by a member of the Defence Force and delivered to that person personally or posted by registered letter to his or her place of residence, return the property to such person and within such reasonable time as may be specified in the notice. 2: If any person to whom any such notice has been delivered fails, without lawful excuse, to return any such property as required by the notice, that person commits an offence and is liable on 3: If any person in New Zealand to whom any property has been issued by or for the purposes of the Armed Forces otherwise than for that person’s permanent retention recklessly or negligently loses the property, that person commits an offence and is liable on 1971 No 52 s 73; 1988 No 88 s 13(1) Section 87(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 87(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 88: Giving false certificate, etc Every person commits an offence and is liable on a: gives any certificate; or b: makes any return or statement in writing— that the person knows to be false concerning any matter in respect of which the person is required by or under this Act to render any such certificate, return, or statement. 1971 No 52 s 74; 1988 No 88 s 13(1) Section 88 amended 1 July 2013 section 413 Criminal Procedure Act 2011 89: Bringing alcohol 1: Every person commits an offence and is liable on a: intentionally and without authority brings or conveys any alcohol b: is knowingly and without authority in possession of any alcohol c: being in possession of alcohol alcohol 2: Any officer or non-commissioned officer who has reasonable grounds to suspect that an offence against subsection (1) is being or has been committed, with or without persons under that officer’s command, may— a: enter into or on and search any ship, aircraft, conveyance, or vehicle of any kind that is entering or is within a defence area or any place where members of the Armed Forces are quartered or serving; and b: detain any person whom that officer reasonably suspects is committing or has committed any such offence, and search any parcel, case, bag, luggage, jar, bottle, or other receptacle in that person’s possession; and c: if any alcohol alcohol alcohol 3: Subject to subsection (4), any officer or non-commissioned officer or any constable constable 4: If, in any case to which subsection (3) applies, the person is subject to the Armed Forces Discipline Act 1971 5: Any alcohol alcohol alcohol alcohol Public Finance Act 1989 5A: In this section, alcohol section 5(1) 6: For the purposes of this section, the term defence area 1971 No 52 s 75; 1988 No 88 s 13(1) Section 89 heading amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 89(1)(a) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(1)(b) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(1)(c) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(2)(c) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 89(5) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 89(5A) inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 90: Evidence Any document that would be evidence in any proceedings under the Armed Forces Discipline Act 1971 sections 71 to 74 1971 No 52 s 76 Section 90 amended 7 July 2010 section 5 Defence Amendment Act 2010 8: Miscellaneous provisions 90A: Locally employed civilians The Chief of Defence Force may employ persons who are outside New Zealand to undertake work for the Defence Force outside New Zealand on terms and conditions specified or prescribed by the Chief of Defence Force. Section 90A inserted 27 September 2001 section 6 Defence Amendment Act 2001 91: Annual report As soon as practicable after the end of each financial year, the Chief of Defence Force must, in accordance with section 43 a: the operations of the Defence Force for that financial year; and b: any other matters that the Chief of Defence Force considers to affect the operations of the Defence Force. Section 91 substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 91A: Territorial Forces Employer Support Council 1: The Minister must appoint a council to be called the Territorial Forces Employer Support Council. 2: The Council has— a: the role of promoting service in the territorial forces; and b: the duty of advising the Minister on such matters in relation to the territorial forces as are referred to the Council by the Minister; and c: such other functions as are from time to time determined by the Minister. 3: The Council is a statutory Board for the purposes of the Fees and Travelling Allowances Act 1951 4: There may be paid out of public money to the members of the Council remuneration by way of fees, salaries, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951 5: Subject to the provisions of this Act and of any regulations made under this Act, the Council may regulate its own procedure. Section 91A inserted 1 April 2004 section 7 Defence Amendment Act 2004 92: Arms, etc, to remain property of the Crown 1: All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to the Armed Forces shall be presumed to remain the property of the Crown in the absence of proof to the contrary. 2: All arms, equipment, uniforms, and other public property of any kind supplied by the Crown to any member of the Armed Forces shall, unless issued to that member for retention by that member permanently, be presumed to remain the property of the Crown in the absence of proof to the contrary. 3: All property of the Crown of any kind for the time being in the possession of a member of the Armed Forces shall be exempt 1971 No 52 s 80 Section 92(3) amended 1 January 2008 section 364(1) Property Law Act 2007 93: Security of defence areas 1: Without limiting the power to make regulations under section 101 , naval ship, or military aircraft , ship, or aircraft 2: Regulations made pursuant to subsection (1) may include provisions for all or any of the following purposes: a: authorising the officer in charge of any defence area , naval ship, or military aircraft , ship, or aircraft b: authorising any such officer or member of the Defence Force to seize from a person so searched any thing that the officer or member of the Defence Force has reasonable grounds to believe has been used or is being used in the commission of an offence (either against the law of New Zealand or, in the case of a defence area, if it c: authorising any such officer or member of the Defence Force to apprehend and detain any person who is in or entering or leaving, or about to enter or leave, the area , ship, or aircraft in the case of a defence area, if it i: delivering that person to a constable constable ii: if the area , ship, or aircraft constable constable iii: if the person apprehended or detained is a member of an allied force (whether that force is in New Zealand or elsewhere), delivering that person to the service authorities of that force: d: authorising any such officer, or member of the Defence Force to require any person who is in or entering or leaving, or about to enter or leave, the area , ship, or aircraft e: authorising any such officer or member of the Defence Force to remove any person who, without lawful excuse, refuses or fails to comply with any direction to leave the area , ship, or aircraft f: providing for constables g: requiring any member of the Defence Force duly authorised under paragraph (a) to produce such warrant or other evidence of his or her authority as may be prescribed in the regulations when exercising any power under the regulations: h: prescribing offences for breaches in New Zealand of any such regulations, and prescribing, on 1971 No 52 s 81; 1976 No 14 s 4; 1985 No 198 s 10; 1988 No 88 s 13(1) Section 93(1) amended 3 June 1998 section 6(a) Defence Amendment Act 1998 Section 93(1) amended 3 June 1998 section 6(c) Defence Amendment Act 1998 Section 93(2)(a) amended 3 June 1998 section 6(a) Defence Amendment Act 1998 Section 93(2)(a) amended 3 June 1998 section 6(c) Defence Amendment Act 1998 Section 93(2)(b) amended 3 June 1998 section 6(e) Defence Amendment Act 1998 Section 93(2)(c) amended 3 June 1998 section 6(d) Defence Amendment Act 1998 Section 93(2)(c) amended 3 June 1998 section 6(e) Defence Amendment Act 1998 Section 93(2)(c)(i) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 93(2)(c)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 93(2)(c)(ii) amended 3 June 1998 section 6(b) Defence Amendment Act 1998 Section 93(2)(d) amended 3 June 1998 section 6(b) Defence Amendment Act 1998 Section 93(2)(e) amended 3 June 1998 section 6(b) Defence Amendment Act 1998 Section 93(2)(f) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 93(2)(h) amended 1 July 2013 section 413 Criminal Procedure Act 2011 94: Recovery of excess payments If any amount in respect of pay, allowances, or other emoluments is paid to a member or discharged member of the Armed Forces, or to the dependant of any member, deceased member, or discharged member of the Armed Forces, or to any other person for the time being entitled to receive any pay, allowance, or other emolument on behalf of any such member, discharged member, or any dependant, in excess of the amount to which the member, discharged member, dependant, or other person is entitled under this Act, the amount so paid in excess or any part of it may be recovered from the member, discharged member, dependant, or other person. 1971 No 52 s 82; 1989 No 44 s 86(1) 95: Apprentices Section 95 repealed 7 May 1999 section 2 Defence Amendment Act 1999 96: Public Trust Section 96 repealed 15 December 2005 section 3 Defence Amendment Act (No 2) 2005 96A: Nelson Rifle Prize Fund abolished 1: On the repeal of section 96 a: the Nelson Rifle Prize Fund (the Fund b: the Public Trust ceases to administer the Fund; and c: all money comprising the Fund (including any income arising from the Fund) held by the Public Trust in its common fund immediately before that repeal must be transferred to the cadet forces. 2: The cadet forces must apply the money so transferred only for any or all of the following purposes: a: the promotion of firearm safety in the Nelson region: b: the provision of firearm training in the Nelson region: c: the provision of monetary or other prizes for national shooting competitions held in the Nelson region. 3: In this section, Nelson region Section 96A inserted 15 December 2005 section 4 Defence Amendment Act (No 2) 2005 97: Delegations not to lapse 1: Where the holder of an office or appointment, having delegated (either before or after the commencement of this Act) a function, duty, or power pursuant to this Act or the Armed Forces Discipline Act 1971 a: shall be deemed not to have lapsed by reason of the fact that the holder of the office or appointment has ceased to hold that office or appointment; and b: shall continue to have full force and effect until revoked by a successor in the office or appointment. 2: Where a function, duty, or power has been delegated (either before or after the commencement of this Act) to the holder of an office or appointment pursuant to this Act or the Armed Forces Discipline Act 1971 1971 No 52 s 84 98: Execution of instruments, etc Except as may be prescribed from time to time, any order, direction, instruction, or decision required or authorised by or under this Act or by the Armed Forces Discipline Act 1971 1971 No 52 s 85 99: Proclamations, etc 1: All Proclamations, Orders in Council, and warrants relating to the Defence Force shall be deemed to be sufficiently notified to all persons whom they purport to affect by being published in the Gazette 2: However, if the instrument is secondary legislation, it is deemed to be sufficiently notified to all persons whom it purports to affect by being published under the Legislation Act 2019 1971 No 52 s 86 Section 99(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 100: Promulgation of orders 1: All orders given under the authority of or in execution of this Act or under the Armed Forces Discipline Act 1971 2: An order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of any such deviation. 3: This section does not apply to a Defence Force Order that is stated by this Act or any other legislation to be secondary legislation. 1971 No 52 s 87 Section 100(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 101: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes: a: providing for the establishment and conduct of messes in naval ships and defence areas: b: providing for— i: the vesting in the Crown of all intellectual property— A: devised or developed or created in the course of the duties of a member of the Defence Force, whether or not the intellectual property might reasonably be expected to result; or B: devised or developed or created wholly or principally by or through the use of resources provided by the Crown: ii: the management and funding of the development and protection of intellectual property that is vested in the Crown pursuant to any regulations made under subparagraph (i); and iii: the payment of any amount by way of bonus or grant appropriate in the circumstances to a member of the Defence Force who devises or develops or creates any intellectual property that is vested in the Crown pursuant to any regulations made under subparagraph (i). c: providing for the payment of grants to Defence Force bands, organisations, and affiliated bodies: d: authorising civilian persons or organisations to conduct prescribed activities in defence areas: e: controlling the packing, marking, handling, carriage, storage, and use in defence areas of hazardous substances as defined in section 2 f: providing for the enlistment of forces under section 11(3)(e), (4)(d), or (5)(d) g: providing for such matters as are specified in section 46 section 93 ga: authorising the officer in charge of any defence area to regulate traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibit traffic or any class of traffic, either absolutely or conditionally, on any specified road or any specified class of road in the area: gb: authorising the officer in charge of any defence area to regulate the use of vehicles and specify the conditions upon or subject to which they may be used in the area: gc: prescribing offences for the contravention of or non-compliance with any regulations made under paragraph (ga) or paragraph (gb), and providing that the maximum penalty that, on h: providing that any specified regulations of the Civil Aviation Regulations 1953, being— i: regulations that relate to obstructions to air navigation and lights; or ii: general regulations relating to the administration of enforcement of regulations that so relate,— shall, with any necessary modifications, apply in respect of any military aerodrome and aircraft using such aerodromes: i: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: All regulations made under this section shall come into force on such date as may be specified in the regulations, being the date of the regulations or on any other date after the date on which they were made; except that any such regulations that confer a benefit on any person may have effect from a date before the date on which the regulations were made. 3: Any such regulations may relate to the Defence Force generally or to any specified part of the Defence Force. 4: Regulations under this section— a: are secondary legislation ( see Part 3 b: commence in accordance with subsection (2), even if they are not yet published. 1971 No 52 s 99 The following table is small in size and has 3 columns that are grouped under the 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 101(1)(b) substituted 28 July 1997 section 21 Defence Amendment Act 1997 Section 101(1)(e) substituted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 101(1)(f) substituted 22 October 2003 section 6 Defence Amendment Act 2003 Section 101(1)(ga) inserted 3 June 1998 section 7 Defence Amendment Act 1998 Section 101(1)(gb) inserted 3 June 1998 section 7 Defence Amendment Act 1998 Section 101(1)(gc) inserted 15 December 2005 section 5 Defence Amendment Act (No 2) 2005 Section 101(1)(gc) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 101(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 102: Transitional provisions 1: Every reference in any Act to the New Zealand Naval Forces or the Naval Forces, or to the New Zealand Army or the Army, or to the Royal New Zealand Air Force or the Air Force means the New Zealand Naval Forces, the New Zealand Army, or the Royal New Zealand Air Force, as the case may be, constituted under section 11 2: Every reference to the New Zealand Naval Board, the New Zealand Navy Board, the Naval Board of New Zealand, or the Naval Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force. 3: Every reference to the Army Board or the Army Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force. 4: Every reference to the Air Board or the Air Board of the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force. 5: Every reference to the New Zealand Defence Council in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this Act shall, unless the context otherwise requires, be read as a reference to the Chief of Defence Force. 6: All orders or instructions issued by or under the authority of the Naval Board or the Naval Board of the New Zealand Defence Council, the Army Board or the Army Board of the New Zealand Defence Council, or the Air Board or the Air Board of the New Zealand Defence Council, or the New Zealand Defence Council, that are in force immediately before the commencement of this Act shall, until revoked by the Chief of Defence Force, continue in force as if they were Defence Force Orders issued under section 27 7: Every lease, licence, or other contract or arrangement in force immediately before the commencement of this Act and executed for any of the purposes of the Ministry of Defence shall continue to have effect according to its tenor notwithstanding that it may hereafter be intended that any right, title, privilege, or benefit presently enjoyed by the Ministry of Defence under the contract or arrangement shall be enjoyed by the Defence Force alone, or by the Defence Force and the Ministry of Defence jointly. 8: All conditions of employment fixed under section 46 of the Defence Act 1971, or under any corresponding former enactment, and in force immediately before the commencement of this Act shall be deemed to have been fixed under section 45 9: Every member of the regular forces whose service commenced before the commencement of this Act is entitled, on completion of that service, to an Armed Forces Terminal Benefit of an amount prescribed by the Chief of the Defence Force in accordance with criteria applying immediately before that commencement. 10: Every award or agreement in force in relation to employees of the Ministry of Defence immediately before the commencement of this Act shall be deemed for the purposes of this Act to have been negotiated by the Chief of Defence Force under section 70 11: For the purposes of any entitlement under any award or agreement or contract of employment, service with the Ministry of Defence shall be deemed to be service as a member of the Civil Staff. Section 102(9) substituted 15 November 2000 section 6 Defence Amendment Act 2000 103: Application of State Sector Act 1988 Amendment(s) incorporated in the Act(s) 104: Application of Public Finance Act 1989 The provisions of the Public Finance Act 1989 a: the Defence Force were a department within the meaning of that Act; and b: the Chief of Defence Force were the chief executive of the department within the meaning of that Act. 105: Consequential amendments and repeals 1: The enactments specified in Schedule 1 2: The enactments specified in Schedule 2

DLM214669

1990

Land Tax Abolition Act 1990

1: Short Title and commencement 1: This Act may be cited as the Land Tax Abolition Act 1990. 2: Except as provided in section 4(5) 2: New rate of land tax for year of payment commencing 1 April 1991 1: The Land Tax Act 1976 section 8 of the Land Tax Amendment Act 1989 Schedule 1 2: The Land Tax Amendment Act 1989 section 8 Schedule 1 3: Confirming rate of land tax for year of payment commencing 1 April 1991 For the year of payment commencing on the 1st day of April 1991, land tax shall be imposed, levied, and paid pursuant to Part 2 of the Land Tax Act 1976 section 2(1) 4: Land tax abolished on and from year of payment commencing 1 April 1992 1: The Land Tax Act 1976 2: The enactments specified in Schedule 2 3: The enactments specified in Schedule 3 4: 5: This section shall come into force on 31 March 1992. Section 4(4) repealed 1 April 1995 Income Tax Act 1994 5: Savings Notwithstanding section 4 a: the enactments repealed by subsections (1) and (2) of that section shall continue to apply; and b: the enactments amended by subsection (3) of that section shall continue to apply as if not so amended,— in respect of land tax imposed and levied before the date on which that section comes into force.

DLM203538

1990

Litter Amendment Act 1990

1: Short Title This Act may be cited as the Litter Amendment Act 1990, and shall be read together with and deemed part of the Litter Act 1979 (hereinafter referred to as the principal Act). 2: Litter Control Officers 1: This subsection substituted section 5(3) 2: This subsection amended section 5(4) 3: Every Officer appointed under section 5 3: Other Litter Control Officers This section amended section 6(1)(g) 4: Powers and duties of officers 1: This subsection substituted section 7(1) 2: This subsection substituted section 7(5) 5: Territorial authority may require occupier of private land to clear litter 1: This subsection amended section 10(1) 2: This subsection amended section 10(3) 3: This subsection substituted section 10(11) 6: Territorial authorities may adopt infringement notice provisions This section amended section 13(4)

DLM227373

1990

Fire Service Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Fire Service Amendment Act 1990, and shall be read together with and deemed part of the Fire Service Act 1975 2: Except as provided in sections 28(3) 31(3) 32(3) 33(4) 39(3) 2: Interpretation 1: 2: The following enactments are hereby consequentially repealed: a: Subsections (1) and (2) of section 2 of the Fire Service Amendment Act 1978 b: Section 2(4) of the Fire Service Amendment Act 1979 c: Subsections (1) to (4) Fire Service Amendment Act 1986 d: Section 2 of the Fire Service Amendment Act (No 4) 1987 e: Section 2 of the Fire Service Amendment Act 1988 3: 4: 5: Members of Commission 1: 2: The Fire Service Amendment Act 1979 section 2(1) and (2) 6: 7: 8: Deputies of members 1: 2: Section 3 of the Fire Service Amendment Act 1979 9: 10: 11: 12: 13: 14: Co-ordination schemes 1: 2: The following enactments are hereby consequentially repealed: a: Section 6 of the Fire Service Amendment Act 1978 b: 15: 16: 17: 18: 19: Chief Fire Officer 1: 2: Section 7 of the Fire Service Amendment Act 1978 20: 21: 22: 23: 24: Use of water in mains for fire protection, fire fighting, and hazardous substance emergency purposes 1: 2: 3: The Fire Service Amendment Act 1978 section 9(c) and (d) 25: 26: 27: 28: Expenditure of Commission 1: This subsection amended s 44(3) 2: The Fire Service Amendment Act 1978 section 14(2) 3: This section shall come into force on the 1st day of July 1991. 29: Commission to submit financial forecasts and estimates to Minister 1: This subsection substituted s 45 2: Section 15 of the Fire Service Amendment Act 1978 section 2(7) Fire Service Amendment Act 1986 30: 31: New sections substituted 1: 2: Section 4 Fire Service Amendment Act 1986 3: This section shall be deemed to have come into force on the 1st day of October 1990. Subsection (1) repealed 1 July 1998 3(2)(b) Fire Service Amendment Act 1998 32: Income of Commission 1: 2: The following enactments are hereby consequentially repealed: a: Section 47A(1)(c) section 6 Fire Service Amendment Act 1986 b: Section 5 Fire Service Amendment Act 1986 c: The Fire Service Amendment Act (No 3) 1987 3: This section shall come into force on the 1st day of July 1991. Subsection (1) repealed 1 July 1998 3(2)(b) Fire Service Amendment Act 1998 33: Appropriation by Parliament 1: This subsection substituted a new subsection for subsection (2) 2: Notwithstanding anything in section 47A 3: The additional amount payable under subsection (2) 4: This section shall be deemed to have come into force on the 1st day of April 1989. 34: Subsection (3) repealed 2 July 2001 149 Hazardous Substances and New Organisms Act 1996 See Parts 11 to 16 sections 151 to 259 See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 35: Levy 1: This subsection substituted s 48(2) s 48(2A) 2: Subject to subsection (3) Gazette section 48 subsection (1) 3: The Governor-General may, by Order in Council made under section 48(2) subsection (1) Gazette 36: 37: 38: 39: 40: 41: New sections substituted 1: 2: Section 20 of the Fire Service Amendment Act 1978 3: The Fire Service (Volunteer Fire Brigade Members' Gratuities) Order 1988 (SR 1988/86) 42: Reserve Fund 1: 2: The Fire Service Amendment Act 1978 section 22 43: 44: 45: Power to dispose of property 1: 2: The Fire Service Amendment Act 1978 section 23 46: 47: 48: 49: Appointments to vacancies 1: 2: The Fire Service Amendment Act (No 4) 1987 section 3 50: 51: 52: Repeals 1: 2: The following enactments are hereby consequentially repealed: a: Section 24 of the Fire Service Amendment Act 1978 b: Section 4 of the Fire Service Amendment Act (No 4) 1987 53: 54: 55: 56: Repeals 1: 2: Section 25 of the Fire Service Amendment Act 1978 57: 58: Repeals 1: 2: Sections 26 and 27 of the Fire Service Amendment Act 1978 59: 60: 61: 62: 63: 64: 65: Repeal and saving 1: Section 5 of the Fire Service Amendment Act 1978 2: The Fire Service Amendment Act (No 4) 1987 3: Notwithstanding anything in this Act if, immediately before the commencement of this section, an appeal under any of the sections repealed or amended by this Act was pending or if there is a right for such appeal, the provisions of the principal Act, so far as they are applicable, shall continue to apply to that appeal as if those sections had not been repealed or amended. 66: 67: Transitional provision in relation to financial year Notwithstanding anything in the principal Act or in any other provision of this Act, the period of 15 months beginning on the 1st day of April 1990 and ending with the close of the 30th day of June 1991 shall be deemed, for the purposes of the principal Act and of any other Act applying in relation to the Commission, to be a financial year of the Commission. 68: Transitional provisions in relation to applications for grants from Rural Fire Fighting Fund 1: Where, at the commencement of this section, a determination under section 46C(1) section 46B a: Whether the application should be approved; and b: Where the National Rural Fire Authority determines that the application should be approved, whether the approval should be for the whole or part of the amount stated in the application. 2: Notwithstanding the repeal by this Act of section 46A subsections (3) to (5) subsections (1) to (4) 3: The National Fire Authority shall determine— a: Whether any application made pursuant to subsection (2) b: Where the National Rural Fire Authority determines that an application made pursuant to subsection (2) 4: The National Rural Fire Authority in making its determination under subsection (1) (3) 5: Any determination under subsection (1) (3) 69: Transitional provision in relation to grants from Rural Fire Fighting Fund Where— a: The Minister has, before the commencement of this section, made, under section 46C(1) b: The National Rural Fire Authority has, under section 68(1) 68(3) the National Rural Fire Authority shall cause the amount of the grant to be paid from the Rural Fire Fighting Fund in accordance with the terms and conditions contained in the determination (including any conditions requiring the grant to be paid by instalments), and shall, where necessary, complete the payment of any further instalments required by a determination made before the commencement of this section. 70: Transitional provision in relation to National Rural Fire Officer Where, before the commencement of this section, the Commission has, pursuant to a directive from the Minister under section 14(2)(h) Forest and Rural Fires Act 1977 section 17W section 15 71: Validation Any action taken under the principal Act in the period beginning with the 1st day of October 1990 and ending with the close of the 31st day of December 1990 which would have been valid if the provisions of this Act and of the Forest and Rural Fires Amendment Act 1990

DLM226673

1990

Commodity Levies Act 1990

1: Short Title and commencement 1: This Act may be cited as the Commodity Levies Act 1990. 2: This Act shall come into force on the 28th day after the day on which it receives the Royal assent. 2: Interpretation 1: In this Act, unless the context otherwise requires,— agricultural product animal auditor subsection (1) or subsection (2) of section 15 commodity farmed product a: the production of the product (whether the production of the product is a principal, subsidiary, or incidental purpose); or b: the production of some other farmed product;— and includes beeswax, honey, and honeydew forestry product hold horticultural product a: in gardens, greenhouses, shadehouses, or orchards; or b: hydroponically industry organisation a: a levy order; or b: a commodity on which a levy is imposed by a levy order,— means the industry organisation to which the levy concerned is payable under the order levy order section 4 mineral product a: land or water; or b: the bed of the sea, or of any stream, river, or lake) Minister participant a: whether completed or not; and b: if completed, whether completed validly or invalidly,— distributed or made available for the purpose by or on behalf of that organisation plant potential levy payer support referendum supporter thing wild product a: gathered or harvested; or b: part of or produced by an animal or plant captured, gathered, harvested, or killed,— in farms, forests, gardens, orchards, waters, or the wild. 2: For the avoidance of doubt, it is hereby declared that a commodity may belong to 2 or more of the following classes of commodity: agricultural product, farmed product, forestry product, horticultural product, mineral product, and wild product. 3: Where an industry organisation acquires or builds up any asset with, out of, or by virtue of spending, money paid to it under a levy order as levy, this Act shall have effect— a: in relation to any other asset it acquires in exchange or part exchange for that asset, as if that other asset has also been acquired or built up with, out of, or by virtue of spending, money paid as a levy; and b: in relation to any money it acquires in exchange or part exchange for that asset, as if that money has been paid to the organisation under a levy order as levy. 4: Section 2(1) hold inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 2(1) participant inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 2(1) potential levy payer inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 2(1) support referendum inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 2(1) supporter inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 2(1) thing inserted 15 December 1995 section 2 Commodity Levies Amendment Act 1995 Section 2(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 17 December 2016 section 17 Statutes Amendment Act 2016 3: Act binds the Crown This Act binds the Crown. 1: Levy orders 4: Governor-General may impose levy 1: Subject to section 5 2: An order under this section— a: is secondary legislation ( see Part 3 b: must be confirmed by an Act ( see subpart 3 2024-07-01 Commodity Levies (Rock Lobster) Order 2023 This order deemed revoked on close of 30 June 2024 unless confirmed prior to that date. 2024-01-01 Commodity Levies (Eggs) Order 2022 This order deemed revoked on close of 31 December 2023 unless confirmed prior to that date. 2024-01-01 Commodity Levies (Paua) Amendment Order 2022 This order deemed revoked on close of 31 December 2023 unless confirmed prior to that date. Note: Sara to check to see if we need to put this under section 13 as the wording for the 6 years expiry was not in the order (Doreen 24/11/22) The following table is small in size and has 3 columns that are grouped under the 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(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Restrictions on making of orders 1: No Minister shall recommend the making of a levy order, unless the body corporate to which the levy is to be payable (in subsection (2) referred to as an applicant organisation) has— a: asked the Minister to do so; and b: given the Minister a written plan showing how the levy collected in the first full year of collection would be spent. 2: No Minister shall recommend the making of a levy order imposing on any commodity a levy payable to an applicant organisation, unless the Minister is satisfied, on the basis of information and evidence satisfactory to the Minister,— aa: that— i: within the previous 12 months; or ii: within the previous 18 months, and before the commencement of the Commodity Levies Amendment Act 1993 the organisation has held a support referendum in relation to a proposal that the levy, payable to the organisation, should be imposed on the commodity; and ab: that the support referendum was competently devised; and ac: that the ballot paper described the proposal clearly, specifying in relation to it all the matters required by section 6(1) i: production of the commodity: ii: the value of the commodity produced: iii: the area of land devoted to the production of the commodity: iv: the number, quantity, or capacity, of a thing or things of a specified kind used in connection with the production of the commodity, for example,— A: the number of breeding stock, chicks, embryos, hives, or trees; or B: the quantity of electricity; or C: the capacity of plant or buildings; and ad: that the support referendum was so publicised that potential levy payers had a reasonable opportunity to be adequately informed about its holding, nature, and possible consequences; and ae: that the support referendum was so held that potential levy payers were given a reasonable opportunity to participate in it; and af: that the voting in the support referendum was conducted on the basis of one of the matters specified in subparagraphs (i) to (iv) of paragraph (ac) (but not necessarily the matter that the ballot paper indicated was the proposed basis of the levy's imposition); and ag: that more than half of the participants in the support referendum were supporters; and ah: where voting in the support referendum was conducted on the basis of production of the commodity, that during the 12 months before the support referendum was held the total amount of the commodity produced by supporters was more than half of the total amount of the commodity produced of all participants; and ai: where voting in the support referendum was conducted on the basis of the value of the commodity, that during the 12 months before the support referendum was held the value of the total amount of the commodity produced by supporters was more than half of the value of the total amount of the commodity produced of all participants; and aj: where voting in the support referendum was conducted on the basis of the area of land devoted to the production of the commodity, that during the 12 months before the support referendum was held the total area of land devoted to the production of the commodity by supporters was more than half of the total area of land devoted to the production of the commodity by all participants; and ak: where voting in the support referendum was conducted on the basis of the number, quantity, or capacity, or a thing or things of a specified kind used in connection with the production of the commodity, that during the 12 months before the support referendum was held the total number of those things, quantity of that thing, or capacity of those things, used in connection with the production of the commodity by supporters was more than half of the total number, quantity, or capacity of that thing or those things so used by all participants; and al: where the basis on which voting in the support referendum was conducted was not the proposed basis of the levy's imposition, that the impact of imposing the levy on that proposed basis will be substantially similar to the impact of imposing it on the basis on which voting was conducted; and am: that the matters specified in the order pursuant to section 6(1) a: that the organisation has consulted adequately persons (other than persons entitled to participate in the support referendum) likely to be affected by the payment or collection of the levy; and b: c: d: e: f: g: that— i: persons opposing the levy's imposition on the commodity; and ii: other organisations (if any) representing or purporting to represent the interests of the persons who are to be primarily responsible for paying the levy, or any of them,— have had a reasonable opportunity to put their views to the Minister; and h: that the Minister has had due regard to all views put to the Minister about the proposed imposition of the levy on the commodity; and i: that the uses to which the levy will be put will be closely related to the interests of the persons who will be primarily responsible for paying it; and j: that overall, the benefits to the persons who will be primarily responsible for paying the levy of the spending for the purposes specified in the order of the amount of levy likely to be raised will outweigh the disadvantages to them of the imposition, collection, and payment of the levy on the commodity; and k: if the levy is imposed on quantities of the commodity imported into New Zealand that— i: the importers will benefit from the spending of the levy; and ii: the organisation will have regard to the importers' views on the spending of the levy; and iii: the imposition of the levy on imported commodity will not be contrary to New Zealand's international legal obligations; and l: that the organisation, by virtue of its membership and structure, represents adequately the views and interests of the persons who will be primarily responsible for paying the levy; and m: either— i: that it would be impossible or impracticable to finance the doing out of voluntary levies of the things for which the levy is to be spent; or ii: that if the doing of the things for which the levy is to be spent were paid for out of voluntary levies, persons who chose not to pay those levies would derive unearned benefits from the doing of those things; and n: that the organisation has or will have in place adequate systems for accounting to persons who will be primarily responsible for paying the levy of its receipt and expenditure (including, in particular, the uses to which it will be put); and o: that all other relevant matters known to the Minister have been properly considered. Section 5(2)(aa) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ab) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ac) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ad) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ae) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(af) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ag) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ah) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ai) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(aj) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(ak) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(al) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(am) inserted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(a) substituted 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(b) repealed 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(c) repealed 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(d) repealed 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(e) repealed 29 September 1993 Commodity Levies Amendment Act 1993 Section 5(2)(f) repealed 29 September 1993 Commodity Levies Amendment Act 1993 6: Matters to be specified in orders 1: Every levy order imposing on any commodity a levy payable to any industry organisation shall specify— a: the organisation; and b: the commodity; and c: the persons primarily responsible for paying the levy; and d: the basis on which the amount of the levy is to be calculated or ascertained; and e: the persons (if any) to be exempt from paying the levy; and f: that— i: in all cases the levy is to be paid by the persons primarily responsible for paying it; or ii: in all cases the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible; or iii: in some cases the levy is to be paid by the persons primarily responsible for paying it; and in some cases the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible; and g: to the extent that the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible i: the persons who are to pay it; and ii: their duties; and iii: the means by which they may recover it; and h: the extent (if any) to which any persons, or persons of any class or description, are to refrain from disclosing information (or information of any class or description) obtained, or obtained as a result of actions undertaken,— i: under the order; or ii: in relation to the order, under this Act; and i: subject to section 10 i: how the organisation is to spend the levy; or ii: a means by which the organisation is to consult the persons primarily responsible for paying it as to how the organisation is to spend it; and j: whether the levy must be spent by the organisation, or may be paid to and spent by branches or subsidiaries of the organisation; and k: the periods in respect of which the levy is to be paid; and l: whether the levy is to be paid at a single rate or 2 or more different rates; and if at different rates, the things (whether— i: different classes or descriptions of the commodity; or ii: different things of a specified kind, connected with the production of the commodity, on the basis of which the levy is imposed)— to which the different rates may apply; and m: in respect of each rate of levy, one of the following: i: a maximum rate of levy, with the organisation empowered to set the actual rate: ii: a maximum amount by which the organisation may increase the rate of the levy in any specified period, with the initial rate of the levy to be fixed by the organisation with the approval of a Minister, and later rates to be fixed by the organisation either with the approval of a Minister or within the maximum: iii: the rate for a period, being either a rate fixed by the organisation and not higher than the rate last fixed, or a higher rate fixed by a Minister on the recommendation of the organisation; and n: how the rates of the levy are to be notified; and o: if the levy is to be paid by persons not primarily responsible for paying it and recovered by them from the persons primarily responsible,— i: whether or not the persons not primarily responsible are entitled to charge the organisation a fee for paying and recovering it; and ii: if so, the amount of the fee, or a means by which its amount may be calculated or ascertained; and p: how often the levy is to be paid; and q: the due and latest days, or a means for ascertaining the due and latest days, for payment of the levy. 2: Subject to subsection (3), a levy order imposing on any commodity a levy payable to any industry organisation may prescribe all or any of the following matters: a: general purposes for which the levy is to be spent: b: maximum and minimum amounts of levy payable: c: if the levy is payable on a basis that relates to quantities of the commodity,— i: subject to subsection (4), whether or not the levy applies to quantities imported into New Zealand; and ii: if so, subject to subsection (5), whether the levy is payable in respect of the imported commodity at a rate that is the same as the rate applying to the commodity produced in New Zealand, or at a lower rate: d: the making of returns (whether by producers of a commodity or other persons) to the organisation or some other person or body, for the purpose of enabling or assisting the determination of amounts of levy payable: e: circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any amount of levy: f: the payment of additional or increased levy when amounts of levy otherwise payable have been paid late or not paid at all. 3: No Minister shall recommend the making of a levy order imposing a levy on any commodity unless satisfied that the spending of the levy in accordance with the order would not be, and would not be able to be, contrary to New Zealand's international legal obligations. 4: No Minister shall recommend the making of a levy order imposing a levy on a commodity and prescribing that the levy applies to quantities of the commodity imported into New Zealand, unless the Minister is satisfied, on the basis of information and evidence satisfactory to the Minister, that unless the levy applies to imported commodity, exporters or importers of imported product, or other persons acquiring or dealing with imported product, will derive unearned benefits from the expenditure of the levy. 5: No Minister shall recommend the making of a levy order imposing a levy on a commodity and prescribing that the levy applies to quantities of the commodity imported into New Zealand, unless the Minister is satisfied, on the basis of information and evidence satisfactory to the Minister, that the rate of levy on imported product provided for in the order cannot be greater than the rate necessary to ensure that exporters or importers of imported product, or other persons acquiring or dealing with imported product, will not derive unearned benefits from the expenditure of the levy. Section 6(1)(f) substituted 15 December 1995 section 3(1) Commodity Levies Amendment Act 1995 Section 6(1)(g) amended 15 December 1995 section 3(2) Commodity Levies Amendment Act 1995 7: Effect of orders 1: Where a levy order has been made imposing on any commodity a levy payable to any industry organisation, the following provisions shall, in accordance with the order, apply: a: every person responsible for paying the levy to the organisation shall do so: b: the organisation may recover the levy from any person responsible for paying it to the organisation— i: by deducting it from any amount the organisation owes the person; or ii: as a debt due in any court of competent jurisdiction: c: where a person responsible for paying the levy to the organisation— i: is not primarily responsible for paying any amount of the levy; but ii: is required to deduct that amount from any amount the person owes the person primarily responsible, and pay it to the organisation,— notwithstanding any rule of law to the contrary, the amount deducted or (if the larger amount from which it is required to be deducted is still in the person's possession) required to be deducted shall, until it has been paid to the organisation, be deemed to be money held in trust for the organisation: d: where a person responsible for paying the levy to the organisation— i: is not primarily responsible for paying any amount of the levy; and ii: is required to deduct that amount from any amount the person owes the person primarily responsible, and pay it to the organisation; and iii: fails to make the full deduction required before paying the amount owed to the person who is owed it,— the organisation may recover from the person to whom or which the other amount was paid the amount of the deduction that should have been made, as if the person is a person responsible for paying it to the organisation: e: where a person who has paid the levy to the organisation is not the person primarily responsible for paying it, the former may recover the amount paid from the latter— i: by deducting it from any amount the former owes the latter; or ii: as a debt due in any court of competent jurisdiction. 2: Nothing in a levy order limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022 Section 7(2) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 8: Conscientious objectors Every levy order shall make special provision for the payment of amounts of levy by persons who object on conscientious or religious grounds to paying it in the manner otherwise provided for in the order. 9: Financial provisions Where a levy order has imposed a levy payable to an industry organisation,— a: the organisation shall open 1 or more bank accounts for the purpose of the levy, and shall use that account or those accounts for the following purposes only: i: the deposit of amounts of levy paid or recovered: ii: making payments out of levy: b: only people for the time being expressly authorised by the organisation shall be capable of operating the account or accounts: c: no money shall be paid out of the account or accounts except for a purpose or purposes authorised by the order or this Act. 10: Use of levy 1: No industry organisation shall spend any amount of levy for any commercial or trading activity. 2: Subject to section 6(3) a: may specify any purpose or purposes for which no amount of levy shall be spent: b: subject to subsection (1) and paragraph (a), may specify all or any of the following purposes: i: research relating to the commodity or commodities concerned, or in relation to any matter connected with it (including market research): ii: the development of products derived from the commodity or commodities concerned: iii: the development of markets for the commodity or commodities, or products derived from the commodity or commodities: iv: the promotion (including generic advertising) of the industry concerned, the commodity or commodities, or products derived from the commodity or commodities: v: the protection or improvement of the health of animals or plants that are, or parts of which are, or from or by which is or are produced or gathered, the commodity or commodities concerned: vi: the development or implementation of plans or programmes of quality assurance (relating or relevant to the commodity or commodities concerned): vii: education, information, promotion, or training, (relating or relevant to the commodity or commodities concerned): viii: day to day administration of the organisation's activities (not being the administration, direct or indirect, of any commercial or trading activity undertaken by the organisation or on its behalf): ix: any other purpose the Minister thinks fit. 3: Subsection (2)(b) of this section does not limit the generality of section 6(2)(a) 4: An industry organisation may, with the written approval of a Minister, and subject to the conditions (if any) subject to which the approval was given, spend any amount of a levy it has imposed pursuant to a levy order for a purpose prohibited by subsection (1) or by the order. 5: The Minister shall not give an approval under subsection (4) unless satisfied that— a: the spending of money for the purpose concerned will benefit most of the persons primarily responsible for the payment of the levy concerned; and b: if some members of the industry spend money for the purpose, other members who have not done so will derive unearned benefits from the expenditure; and c: persons who, together, are primarily responsible for paying considerably more than half the amount of the levy concerned each year support the spending of money for the purpose. 6: Nothing in subsection (1) prevents an industry organisation from— a: using any part of a levy for buying limited quantities of the commodity or commodities concerned, or of any product made from it or them, if those quantities are bought for 1 or more of the following purposes: promotion, research, education, product development, and market development; or b: reselling (with or without modification or processing) all or any part of any limited quantity of the commodity or commodities bought for 1 or more of those purposes. 7: Nothing in subsection (1) prevents an industry organisation from— a: using any part of a levy to undertake or pay for the undertaking of any promotion, research, product development, or market development, undertaken with the intention of achieving commercial or financial benefits; or b: exploiting commercially (otherwise than by the use of any part of a levy) the results of any promotion, research, or development, for whose undertaking any part of a levy was (whether with or without the intention of achieving commercial or financial benefits) used or paid; or c: using any part of a levy to undertake or pay for the undertaking of the publication or sale of any educational, informative, or promotional material, (whether or not at a profit); or d: investing any part of a levy, pending its expenditure. 11: Resolution of disputes Every levy order shall provide for— a: the appointment of mediators to resolve disputes as to— i: whether or not any person is required to pay the levy concerned: ii: the amount of levy any person is required to pay; and b: the procedures to be followed by mediators; and c: remuneration of mediators; and d: the payment of costs in relation to mediation; and e: a right of appeal to a District Court Judge against decisions of mediators; and f: any other matters relating to the resolution of such disputes. 12: Minister must indicate whether orders to continue in force 1: The Minister on whose recommendation a levy order was made must indicate the Minister's intentions with regard to the levy order continuing in force by publishing a notice in the Gazette subpart 3 6-month date 2: However, subsection (1) does not apply if the levy order has already been revoked, disallowed under subpart 2 Section 12 replaced 28 October 2021 section 3 Secondary Legislation Act 2021 13: Levy orders in force no more than 6 years unless extended 1: A levy order is in force for a period of 6 years and, unless extended under subsection (2) or sooner revoked, is revoked at the end of that 6-year period. 2: The Governor-General may extend the period for which a levy order is in force by a specified period of not more than 5 years by Order in Council made— a: on the recommendation of a Minister, given after complying with the requirements of section 5 b: at least 12 months before the levy order would otherwise be revoked. 3: The Governor-General may make multiple Orders in Council under subsection (2) in respect of the same levy order. 4: Section 12 5: An order under subsection (2)— a: is secondary legislation ( see Part 3 b: must be confirmed by an Act ( see subpart 3 2029-10-01 Commodity Levies (Rock Lobster) Order 2023 If confirmed, it will be deemed to be revoked at close of 30 September 2029 unless extended under section 13(2). 2020-02-24 Commodity Levies (Citrus Fruit) Order 2014 If confirmed, it will be deemed to be revoked at end of 23 February 2020 unless revoked or extended before. (Made date=24 Feb 2014). s 13(1) 2020-08-04 Commodity Levies (Feijoas) Order 2014 If confirmed, it will be deemed to be revoked at end of 3 August 2020 unless revoked or extended before then. 2020-08-11 Commodity Levies (Passionfruit) Order 2014 If confirmed, it will be deemed to be revoked at end of 10 August 2020 unless revoked or extended before then. 2020-08-11 Commodity Levies (Wheat Grain) Order 2014 If confirmed, it will be deemed to be revoked at end of 10 August 2020 unless revoked or extended before then. 2020-08-18 Commodity Levies (Summerfruit) Order 2014 If confirmed, it will be deemed to be revoked at end of 17 August 2020 unless revoked or extended before then. 2020-12-01 Commodity Levies (Milksolids) Order 2014 If confirmed, it will be deemed to be revoked at end of 30 November 2020 unless revoked or extended before then. 2020-12-08 Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2014 If confirmed, it will be deemed to be revoked at end of 7 December 2020 unless revoked or extended before then. (made on 8/12) 2021-11-09 Wine (Non-grape Wine Levy) Order 2015 If confirmed, it will be deemed to be revoked on the close of 8 November 2021 unless revoked or extended before then (made on 9 Nov) 2021-12-07 Commodity Levies (Meat) Order 2015 If confirmed, it will be deemed to be revoked at the end of 6 December 2021 unless revoked or extended before then. (Made date=7 Dec 2015) 2022-05-30 Commodity Levies (Winegrapes) Order 2016 If confirmed, it will be deemed to be revoked at the end of 29 May 2022 unless revoked or extended before then. (Made date=30 May 2016) 2022-05-30 Wine (Grape Wine Levy) Order 2016 If confirmed, it will be deemed to be revoked at the end of 29 May 2022 unless revoked or extended before then. (Made date=30 May 2016) 2022-09-19 Commodity Levies (Eggs) Order 2016 If confirmed, it will be deemed to be revoked with the close of the sixth anniversary of the day before the day on which it was made. (Made date=19 September 2016) 2024-02-28 Commodity Levies (Kiwifruit) Order 2017 If confirmed [this has now been confirmed 2018 No 56, section 10(a)] it will be deemed to be revoked with the close of the sixth anniversary of its coming into force (In force date=27 Feb 2018), unless revoked or extended before then. s 13(1) 2024-02-25 Commodity Levies (Rock Lobster) Amendment Order 2017 If confirmed [this has now been confirmed 2018 No 56, section 10(b)], it will be deemed to be revoked at the close of 24 February 2024, unless revoked earlier or further extended. 2024-02-25 Commodity Levies (Paua) Amendment Order 2017 If confirmed [this has now been confirmed 2018 No 56, section 10(c)], it will be deemed to be revoked at the close of 24 February 2024, unless revoked earlier or further extended. 2024-07-01 Commodity Levies (Arable Crops) Order 2018 If confirmed [this has now been confirmed 2018 No 56, section 10(d)], it will be deemed to be revoked at the close of 30 June 2024, unless revoked earlier or further extended. 2024-07-01 Commodity Levies (Maize) Order 2018 If confirmed [this has now been confirmed 2018 No 56, section 10(e)], it will be deemed to be revoked at the close of 30 June 2024, unless revoked earlier or further extended. 2024-07-01 Commodity Levies (Cereal Silage) Order 2018 If confirmed [this has now been confirmed 2018 No 56, section 10(f)], it will be deemed to be revoked at the close of 30 June 2024, unless revoked earlier or further extended. 2024-07-22 Commodity Levies (Asparagus) Order 2018 If confirmed [this has now been confirmed 2018 No 56, section 10(g)], it will be deemed to be revoked at the close of 21 July 2024, unless revoked earlier or further extended. 2024-10-01 Commodity Levies (Foveaux Strait Dredge Oysters) Order 2018 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(a)] it will be deemed to be revoked at the close of 30 September 2024, unless revoked earlier or further extended. 2024-09-07 Commodity Levies (Paeonies) Order 2018 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(b)] it will be deemed to be revoked at the close of 6 September 2024, unless revoked earlier or further extended. 2024-12-06 Commodity Levies (Summerfruit) Amendment Order 2018 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(c)] it will be deemed to be revoked at the close of 5 December 2024, unless revoked earlier or further extended. 2025-01-17 Commodity Levies (Apples and Pears) Order 2018 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(d)] it will be deemed to be revoked at the close of 16 January 2025, unless revoked earlier or further extended. 2025-04-01 Commodity Levies (Vegetables and Fruit) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(e)] it will be deemed to be revoked at the close of 31 March 2025, unless revoked earlier or further extended. 2025-04-01 Commodity Levies (Process Vegetables) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(f)] it will be deemed to be revoked at the close of 31 March 2025, unless revoked earlier or further extended. 2025-04-01 Commodity Levies (Fresh Vegetables) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(g)] it will be deemed to be revoked at the close of 31 March 2025, unless revoked earlier or further extended. 2025-04-01 Commodity Levies (Fresh Tomatoes) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(h)] it will be deemed to be revoked at the close of 31 March 2025, unless revoked earlier or further extended. 2025-05-12 Commodity Levies (Onions) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(i)] unless revoked earlier or further extended. Note: I have changed the expiry date to 12 May 2025 as the Explanatory note reads “If this order is confirmed, it will be revoked 12 May 2025” 2025-06-09 Commodity Levies (Avocados) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(j)] this order will be deemed to be revoked on 9 June 2025, unless revoked earlier or further extended. 2025-06-09 Commodity Levies (Potatoes) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(k)] this order will be deemed to be revoked on 9 June 2025, unless revoked earlier or further extended. 2025-06-14 Commodity Levies (Mussels, Oysters, and Salmon) Order 2019 If confirmed, [order confirmed 20 December 2019 by Subordinate Legislation Confirmation Act 2019 by section 12(l)] this order will be deemed to be revoked on the close of 13 June 2025, unless revoked earlier or further extended. 2025-09-30 Commodity Levies (Blackcurrants) Order 2019 If confirmed, this order will be deemed to be revoked on 29 September 2025, unless revoked earlier or further extended. Note. Amends note was incorrect. It should be 30/9/2025 as under section 13 of the Act it is in force for 6 years. I have updated the date to reflect this. Explanatory note of that order is incorrect by saying the day before. Order confirmed by section 9(a) of the Subordinate Legislation Confirmation Act 2020 on 12 December 2020 (Doreen 22/12/20) 2025-11-18 Commodity Levies (Harvested Wood Material) Order 2019 If confirmed, this order will be deemed to be revoked on the close of 17 November 2025, unless revoked earlier or further extended. checked and date is correct. Order confirmed by section 9(b) of the Subordinate Legislation Confirmation Act 2020 on 12 December 2020. checked and date of 18/11/2025 of being revoked is correct (Doreen 22/12/2020). 2026-02-24 Commodity Levies (Citrus Fruit) Order 2019 If confirmed, this order will be deemed to be revoked at the close of 23 February 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ]. Order confirmed on 12 December 2020 by section 9(c) of the Subordinate Legislation Confirmation Act 2020. Checked and date of 24/2/2026 of being revoked is correct (Doreen 22/12/2020) 2026-04-01 Commodity Levies (Strawberries) Order 2020 If confirmed this order will be deemed to be revoked at the close of 31 March 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ]. Order confirmed on 12 December 2020 by section 9(d) of the Subordinate Legislation Confirmation Act 2020. checked and date of 1/4/2026 of being revoked is correct (Doreen 22/12/2020) 2026-08-11 Commodity Levies (Wheat Grain) Order 2020 If confirmed this order will be deemed to be revoked at the close of 10 August 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ]. Order confirmed on 12 December 2020 by section 9(e) of the Subordinate Legislation Confirmation Act 2020. checked and date of 11/8/2026 of being revoked is correct (Doreen 22/12/2020) 2026-08-11 Commodity Levies (Passionfruit) Order 2020 If confirmed this order will be deemed to be revoked at the close of 10 August 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ]. Order confirmed on 12 December 2020 by section 9(f) of the Subordinate Legislation Confirmation Act 2020. checked and date of 11/8/2026 of being revoked is correct (Doreen 22/12/2020) 2026-08-18 Commodity Levies (Summerfruit) Order 2020 If confirmed this order will be deemed to be revoked at the close of 17 August 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ]. Order confirmed on 12 December 2020 by section 9(g) of the Subordinate Legislation Confirmation Act 2020. checked and date of 18/8/2026 of being revoked is correct (Doreen 22/12/2020) 2026-12-01 Commodity Levies (Milksolids) Order 2020 If confirmed this order will be deemed to be revoked at the close of 30 November 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ] Order confirmed on 14 December 2021 by section 8(a) of the Subordinate Legislation Confirmation Act 2021. Checked date of 1/12/2026 of being revoked and this date is correct (Doreen 10/01/2022) 2026-12-08 Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2020 If confirmed this order will be deemed to be revoked at the close of 7 December 2026, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence ]. Order confirmed on 12 December 2020 by section 9(h) of the Subordinate Legislation Confirmation Order 2020. checked and date of 8/12/2026 of being revoked is correct (Doreen 22/12/2020). 2027-01-07 Commodity Levies (Feijoas) Order 2020 If confirmed this order will be deemed to be revoked on the close of 6 January 2027, unless revoked earlier or further extended. [note: differs from exp note wording; interpretation of Act took precedence]. Order confirmed on 14 December 2021 by section 8(b) of the Subordinate Legislation Confirmation Act 2021. Checked date of 7/01/2027 of being revoked and this date is correct (Doreen 10/01/2022) 2027-11-09 Wine (Non-grape Wine Levy) Order 2021 If confirmed, this order will be deemed to be revoked on the close of 8 November 2027 (6 years from the date of commencement), unless revoked earlier or further extended [note: differs from exp note wording; interpretation of Act took precedence]. Order confirmed on 17 December 2022 by section 13 of the Secondary Legislation Confirmation Act 2022. Checked date of 9/11/2027 of being revoked and this date is correct (Doreen 13/1/23) 2027-12-07 Commodity Levies (Meat) Order 2021 If confirmed, this order will be deemed to be revoked on the close of 7 December 2027 (6 years from the date of commencement), unless revoked earlier or further extended. Order confirmed on 17 December 2022 by section 9 of the Secondary Legislation Confirmation Act 2022. 2028-05-30 Commodity Levies (Winegrapes) Order 2022 If confirmed, this order will be deemed to be revoked on the close of 29 May 2028 (6 years from the date of commencement), unless revoked earlier or further extended. Order confirmed on 17 December 2022 by section 17 of the Secondary Legislation Confirmation Act 2022. 2028-05-30 Wine (Grape Wine Levy) Order 2022 If confirmed, this order will be deemed to be revoked on the close of 29 May 2028 (6 years from the date of commencement), unless revoked earlier or further extended. Order confirmed on 17 December 2022 by section 24(a) of the Secondary Legislation Confirmation Act 2022. Checked date of 30/05/2028 of being revoked and this date is correct (Doreen 13/1/23) 2028-09-19 Commodity Levies (Eggs) Order 2022 If confirmed, this order will be deemed to be revoked on the close of 18 September 2028 (6 years from the date of commencement), unless revoked earlier or further extended 2029-02-01 Commodity Levies (Paua) Amendment Order 2022 If confirmed, this order will be deemed to be revoked on 1 February 2029 (6 years from the date of commencement (1 February 2023)), unless revoked earlier or further extended The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13 replaced 17 December 2016 section 18 Statutes Amendment Act 2016 Section 13(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Miscellaneous provisions 14: Levy orders to provide for records to be kept For the purpose of ascertaining whether or not a levy order is being complied with, the order shall provide for— a: the keeping of accounts and records of specified classes or descriptions by industry organisations, persons collecting levies, and persons who are or may be liable to pay the levy concerned, or any of them; and b: any such records to be retained for a specified period. 15: Compliance audits 1: While a levy order is in force, the Minister who recommended its making may, at the request of the industry organisation, appoint 1 or more auditors to conduct an audit of the affairs of all or any of the following: a: some or all of the persons collecting the levy: b: some or all of the persons who are or may be liable to pay the levy (whether or not as persons primarily responsible for paying it): c: both. 2: While a levy order is in force, the Minister who recommended its making may, if a mediator has been appointed to resolve a dispute, appoint an auditor to conduct an audit of the affairs of all or any of the persons involved in the dispute. 3: No person is qualified for appointment as an auditor unless the person is a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013 4: No officer or employee of any of the following persons or organisations shall be appointed an auditor: a: any industry organisation: b: any person engaged in the collection of levies under the levy order concerned: c: any person who is or may be liable to pay a levy under the levy order concerned. 5: Every person appointed as an auditor shall be entitled to remuneration (paid by the industry organisation concerned) as provided in the relevant levy order. Section 15(3) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 16: Purpose of compliance audits 1: The purpose of an audit conducted by an auditor appointed under section 15(1) a: the extent to which persons required to pay the levy concerned are doing and have done so: b: the extent to which appropriate amounts of the levy concerned are being and have been paid: c: the extent to which appropriate amounts of the levy concerned are being and have been collected: d: the extent to which appropriate amounts of the levy concerned are being and have been paid over to the organisation by persons collecting it: e: the extent to which accounts and records are being and have been kept: f: the extent to which accounts and records that are being and have been kept are being and have been properly kept. 2: The purpose of an audit conducted by an auditor appointed under section 15(2) 17: Power of auditors to require production of records 1: For the purposes of conducting an audit, any auditor specifically or generally authorised in writing in that behalf by a Minister may from time to time require any person (being an industry organisation, a person collecting levies, a person who is or may be liable to pay levies, or any employee or officer of an industry organisation or any such person) to produce for inspection within a reasonable period specified by the auditor any records or accounts in the possession or under the control of that person (being records or accounts that are required to be kept under this Act or by a levy order), and may take copies of or extracts from any such document. 2: Every authorisation under subsection (1) shall contain— a: a reference to this section; and b: the full name of the auditor; and c: a statement of the powers conferred on the auditor by subsection (1). 3: Subject to section 16(2) 4: Notwithstanding subsection (3), the Official Information Act 1982 18: Assessment of performance of industry organisations 1: In this section, performance a: the extent to which the organisation may or may not be complying or have complied with the order and (in relation to the order) this Act: b: the extent to which the organisation may or may not be using or have used the amounts of the levy paid to it efficiently and economically: c: the extent to which the uses to which the organisation is putting and has put the amounts of the levy paid to it may or may not benefit (or, as the case may be, have or have not benefited) the persons primarily responsible for paying it. 2: If— a: satisfied that there is sufficient concern among the persons primarily responsible for paying a levy under a levy order about the performance of the industry organisation to justify an assessment of that performance; or b: not satisfied that the performance of an industry organisation under a levy order is adequate,— the Minister may appoint any person to conduct an assessment of, and report to the Minister on, that performance. 3: For the purpose of conducting an assessment, a person appointed under subsection (2) has, and may exercise and perform, all the powers of an auditor under section 17 sections 15(5) 24 4: Within 28 days of receiving a report under subsection (2), the Minister shall give a copy to the industry organisation concerned. 19: Power of search 1: An issuing officer (within the meaning of section 3 subpart 3 constable authorise every constable and designated person 2: Subject to subsection (2A), the provisions of Part 4 2A: Despite subsection (2), sections 118 119 3: In this section a designated person public service a: designated by a Minister as a person who may exercise powers of search under this Act; or b: a member of a class of person designated by the Minister as persons who may exercise powers of search under this Act. 4: No person or class of person shall be designated under subsection (3), unless the Minister concerned is satisfied that the person, or persons of that class, is or are suitably qualified and trained to exercise the powers of a designated person. Section 19(1) amended 26 March 2015 section 4 Commodity Levies Amendment Act 2015 Section 19(1) amended 1 October 2012 section 211(2)(a) Search and Surveillance Act 2012 Section 19(1) amended 1 October 2012 section 211(2)(b) Search and Surveillance Act 2012 Section 19(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 19(2) replaced 1 October 2012 section 211(3) Search and Surveillance Act 2012 Section 19(2A) inserted 1 October 2012 section 211(3) Search and Surveillance Act 2012 Section 19(3) amended 7 August 2020 section 135 Public Service Act 2020 20: Powers conferred by warrant Section 20 repealed 1 October 2012 section 211(4) Search and Surveillance Act 2012 21: Warrant to be produced Section 21 repealed 1 October 2012 section 211(4) Search and Surveillance Act 2012 22: Other duties of person who executes a warrant Section 22 repealed 1 October 2012 section 211(4) Search and Surveillance Act 2012 23: Prohibition on obstruction The owner, occupier, or person in charge, of a place that a person authorised pursuant to a warrant issued under section 19 24: Offences 1: Where a person— a: avoids or attempts without reasonable excuse to avoid paying any levy payable by that person under a levy order; or b: refuses or fails without reasonable excuse to collect any levy required to be collected by that person under a levy order; or c: refuses or fails without reasonable excuse to pass on or dispose of any levy collected by that person in the manner prescribed by a levy order; or d: refuses or fails without reasonable excuse to issue an invoice to any other person in the manner prescribed by a levy order; or e: fails to keep or properly maintain records or accounts of any leviable activity carried on by that person sufficient to satisfy the requirements of any levy order; or f: refuses or fails without reasonable excuse to submit (within the time required) any statement or return required to be submitted by that person under a levy order; or g: submits any statement or return required to be submitted by that person under a levy order that to that person's knowledge is false, incomplete, or misleading in a material particular; or h: refuses or fails, without reasonable excuse, to comply with any requirement made under section 17(1) that person commits an offence against this Act and is liable on 2: Any offence against this Act committed by any employee or agent in the course of employment or agency shall be deemed to have been also committed by the employee's or agent's employer or principal if it is proved that the act or omission constituting the offence occurred with the employer's or principal's authority, permission, or consent. Section 24(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 25: Annual report and statements 1: As soon as is practicable after the end of a financial year during which a levy has been paid to an industry organisation under a levy order, the organisation shall prepare in respect of the year— a: statements (relating only to money paid to the organisation under the order as levy, and assets acquired or built up with or out of, or by virtue of spending, money paid under the order as levy) of the organisation's financial position at the end of the year; and b: statements of the organisation's receipt and expenditure of money paid as levy under the order; and c: all other statements necessary to show fully— i: the organisation's financial position as aforesaid; and ii: the financial results of all of the organisation's activities involving the use of money paid to the organisation under the order as levy, or the use of assets acquired or built up with or out of, or by virtue of spending, money paid under the order as levy;— and the organisation shall ensure that the statements are audited within 90 days of the end of the year. 2: Notwithstanding any enactment to the contrary, an industry organisation that is required by subsection (1) to prepare statements in respect of any year shall include them in its annual report for that year. 3: Subject to subsection (4), an industry organisation that is required by subsection (2) to include statements in its annual report shall, as soon as the report has been completed, give a Minister a copy; and the Minister shall table it in the House of Representatives not later than 6 sitting days after receiving it. 4: Where an enactment other than this Act— a: requires an industry organisation to give a Minister a copy of its annual report; and b: requires the Minister to table it in the House of Representatives,— the organisation shall, to the extent that the enactment and subsection (3) impose different requirements, comply with that enactment and not that subsection. 5: An industry organisation that is required by subsection (2) to include statements in its annual report shall take all reasonable steps to ensure that all persons primarily liable for paying the levy to which the statements (or any of them) relate receive a copy— a: as soon as is reasonably practicable after the report has been completed; and b: whether or not they are members of the organisation. 26: Repeal of other legislation relating to levies 1: Subject to subsection (2), the enactments specified in subsection (3) are hereby repealed, with effect on 1 January 1996. 2: A levy order imposing on a commodity a levy payable to an industry organisation may, with effect on a day earlier than 1 January 1996, repeal any enactment specified in subsection (3) that relates to the imposition on or in respect of the commodity (or a related commodity) of a levy payable to the organisation (or a predecessor of the organisation). 3: The enactments concerned are— a: the Orchard Levy Act 1953 b: the Vegetables Levy Act 1957 c: the Vegetables Levy Amendment Act 1960 d: the Berryfruit Levy Act 1967 e: the Vegetables Levy Amendment Act 1972 f: the Orchard Levy Amendment Act 1972 g: the Vegetables Levy Amendment Act 1975 h: the Vegetables Levy Amendment Act 1978 i: j: the Vegetables Levy Amendment Act 1980 k: the Vegetables Levy Amendment Act 1981 l: m: section 44(2) of the Meat Act 1981 ma: mb: mc: n: o: the Orchard Levy Amendment Act 1982 p: the Berryfruit Levy Amendment Act 1983 q: the Orchard Levy Amendment Act 1985 r: the Orchard Levy Amendment Act 1987 s: t: the Berryfruit Levy Amendment Act 1988 u: the Orchard Levy Amendment Act 1988 4: When an enactment specified in subsection (3) Schedule Section 26(3)(i) repealed 15 December 1995 section 6(2) Commodity Levies Amendment Act 1995 Section 26(3)(l) repealed 15 December 1995 section 5(2)(a) Commodity Levies Amendment Act 1995 Section 26(3)(ma) repealed 15 December 1995 section 5(2)(a) Commodity Levies Amendment Act 1995 Section 26(3)(mb) repealed 15 December 1995 section 5(2)(a) Commodity Levies Amendment Act 1995 Section 26(3)(mc) repealed 15 December 1995 section 5(2)(a) Commodity Levies Amendment Act 1995 Section 26(3)(n) repealed 15 December 1995 section 6(2) Commodity Levies Amendment Act 1995 Section 26(3)(s) repealed 15 December 1995 section 7(2) Commodity Levies Amendment Act 1995 Section 26(4) amended 15 December 1995 section 5(2)(b) Commodity Levies Amendment Act 1995

DLM209957

1990

State Insurance Act 1990

1: Short Title and commencement 1: This Act may be cited as the State Insurance Act 1990. 2: Except as provided in sections 22 23 24 2: Interpretation In this Act, unless the context otherwise requires,— appointed day Order in Council section 6 company section 4 contract instrument a: any instrument (other than this Act) of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities or would do so if it or a copy of it were lodged, filed, or registered under any enactment; and b: any judgment, order, or process of a court instrument by way of security section 2 of the Chattels Transfer Act 1924 land section 2 liabilities Ministers property a: chooses in action and money: b: goodwill: c: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent, or prospective Responsible Minister rights security State Insurance General Manager State Insurance Act 1963 State Insurance Office State Insurance Act 1963 State Insurance undertaking 1989 No 81 s 2 3: Act to bind the Crown This Act shall bind the Crown. 4: Incorporation of company 1: Notwithstanding the State Insurance Act 1963 Companies Act 1955 a: has the name State Insurance Limited b: has a memorandum of association and articles of association in such form as the Ministers may determine. 2: All the shares in the capital of the company shall, on its incorporation, be subscribed for by the Ministers on behalf of the Crown equally. 3: On the appointed day all the shares in the capital of the company subscribed for in accordance with subsection (2) 4: Nothing in section 60 of the Companies Act 1955 subsection (3) 5: Nothing in this section prevents the name of the company being changed in accordance with the provisions of the Companies Act 1955 1989 No 81 s 4(1) 5: Crown shareholding 1: Each Minister may, from time to time, on behalf of the Crown, subscribe for or otherwise acquire securities in the capital of the company in addition to the shares subscribed for under section 4 2: Any money required to be paid by a Minister to subscribe for or acquire securities issued by the company shall be paid out of a Crown Bank Account 3: Securities of the company in the name of a person described as the responsible Minister or the Minister of Finance shall be held by the person who is for the time being the responsible Minister or who holds the office of the Minister of Finance, as the case may be. 4: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities issued by the company consequent upon a change in the person who is the responsible Minister or the person who holds office as the Minister of Finance, as the case may be. 5: Each Minister may exercise all the rights and powers attaching to securities issued by the company held by that Minister. 1989 No 81 s 8 Section 5(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 6: Undertaking of State Insurance General Manager and State Insurance Office to vest in company On a date to be appointed by the Governor-General by Order in Council, the State Insurance undertaking shall vest in the company. 1989 No 81 s 5 Section 6: 28 June 1990 appointed as the date on which the State Insurance undertaking shall vest in State Insurance Limited, on 25 June 1990 State Insurance Act (Vesting) Order 1990 7: Consequential provisions on transfer of undertaking Without limiting the generality of section 6 a: a reference (express or implied) to the State Insurance General Manager or the State Insurance Office in any other Act, or in any regulation, order, or notice made or given under any enactment, or in any instrument, register, record, notice, security, document or communication, made, given, passed, or executed before or after the appointed day, shall be read and construed as a reference to the company: b: all contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices (whether or not in writing), entered into by, made with, given to or by, or addressed to the State Insurance General Manager or the State Insurance Office (whether alone or with any other person) before the appointed day and subsisting immediately before the appointed day shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the State Insurance General Manager or the State Insurance Office, be binding on and enforceable by, against, or in favour of the company as fully and effectually in every respect as if, instead of the State Insurance General Manager or the State Insurance Office the company had been the person by whom they were entered into, with whom they were made or to or by whom they were given or addressed, as the case may be: c: a security held by the State Insurance General Manager or the State Insurance Office as security for a debt or other liability to the State Insurance General Manager or the State Insurance Office incurred before the appointed day shall be available to the company as security for the discharge of that debt or liability and, where the security extends to future or prospective debts or liabilities, shall be available as security for the discharge of debts or liabilities to the company incurred on or after the appointed day; and, in relation to a security, the company shall be entitled to all the rights and priorities however arising and shall be subject to all liabilities to which the State Insurance General Manager or the State Insurance Office would have been entitled or subject if this Act had not been passed: d: any action, arbitration or proceedings or cause of action which, immediately before the appointed day, is pending or existing by, against, or in favour of the State Insurance General Manager or the State Insurance Office or to which the State Insurance General Manager or the State Insurance Office is a party may be prosecuted, and without amendment of any writ, pleading or other document, continued and enforced by, against or in favour of the company. 1989 No 81 s 6(a)–(d), (g) 8: Certain matters not affected by transfer of undertaking Nothing effected or authorised by this Act— a: shall be regarded as placing the State Insurance General Manager or the State Insurance Office, or the company, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or b: shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or c: shall be regarded as placing the State Insurance General Manager or the State Insurance Office, or the company, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or d: shall release any surety wholly or in part from any obligation; or e: shall invalidate or discharge any contract or security; or f: shall affect any action or proceedings against the Crown commenced before 30 September 1990 that relate to the State Insurance Office. 1989 No 81 s 7(1) 9: Books and documents to remain evidence 1: Any document, matter, or thing, which, if this Act had not been passed, would have been admissible in evidence in respect of any matter for or against the State Insurance General Manager or the State Insurance Office shall, on or after the appointed day, be admissible in evidence in respect of the same matter for or against the company. 2: In this section, document section 2(1) 1989 No 81 s 9 10: Use of certain words 1: Nothing in any other enactment or rule of law prevents— a: the use by the company or by a related company of the word State State Insurance b: the use before the close of 31 December 1990 by the company or a related company of the words State Insurance Office State Insurance General Manager 2: Without limiting section 7 State Insurance Office State Insurance General Manager 3: For the purposes of this section, the expression related company section 2(5) of the Companies Act 1955 11: Registers 1: No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the foregoing provisions of this Act to change the name of the State Insurance General Manager or the State Insurance Office to that of the company in those books or registers or in any document. 2: The presentation to any registrar or other person of any instrument, whether or not comprising an instrument of transfer by the company,— a: executed or purporting to be executed by the company; and b: relating to any property held immediately before the appointed day by the State Insurance General Manager or the State Insurance Office; and c: containing a recital that that property has become vested in the company, by virtue of the provisions of this Act— shall, in the absence of evidence to the contrary, be sufficient proof that the property is vested in the company. 1989 No 81 s 10 12: Employees and agents of State Insurance Office not personally liable No person who, at any time before the appointed day, held office as the General Manager of the State Insurance Office or who was an employee, agent, or representative of the State Insurance Office, shall, in the absence of fraud or unless the act or omission amounted to an offence, be personally liable in respect of any act or thing done or omitted to be done by him or her in the exercise or bona fide purported exercise of any authority conferred by or pursuant to the State Insurance Act 1963 1963 No 38 s 11 13: Taxes and duties 1: For the purposes of the Inland Revenue Acts, and any other enactment that imposes or provides for the collection of a tax, duty, levy, or other charge,— a: the State Insurance General Manager, the State Insurance Office, and the company shall be deemed to be the same person with effect at and from the appointed day; and b: in respect of the liability for and the assessment, determination, or imposition of taxes, duties, levies, or other charges accruing as from the appointed day under any such enactment, all transactions entered into by, and acts of, the State Insurance General Manager or the State Insurance Office before the appointed day shall be deemed to have been entered into by, or to be those of, the company and to have been entered into or performed by the company at the time when they were entered into or performed by the State Insurance General Manager or the State Insurance Office. 2: For the purposes of the Goods and Services Tax Act 1985 section 2 3: For the purposes of subsection (1) Inland Revenue Acts Schedule Tax Administration Act 1994 4: For the purposes of section 188 of the Income Tax Act 1976 tax year tax year tax year a: the right to exercise not less than 40% of the voting power in the company; and b: the right to receive not less than 40% of the profits that may be distributed by the company; and c: the right to receive not less than 40% of any distribution of the paid-up capital of the company,— were held directly by the Ministers. 5: Nothing in section RM 13 to RM 17 of the Income Tax Act 2007 6: Nothing in section OA 6(2), as described in table 02 of the Income Tax Act 2007 7: For the purposes of the imputation rules of the Income Tax Act 2007 a: no credits shall arise to be recorded in the company's imputation credit account in respect of income tax that may be paid by the company in respect of the sale before the appointed day by the State Insurance General Manager of shares held on 3 May 1990 by the State Insurance General Manager: b: no debits shall be recorded in the company's imputation credit account in respect of a refund to the company of income tax paid by the company in respect of the sale before the appointed day by the State Insurance General Manager of shares referred to in paragraph (a). 1989 No 81 s 12 Section 13(3) amended 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 Section 13(4) amended 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise) section YA 2 Income Tax Act 2004 Section 13(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 13(6) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 13(7) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 13(7) amended 1 April 1995 Income Tax Act 1994 14: Industrial agreement to continue 1: The agreement made between the State Insurance General Manager, the Public Service Association, and the State Services Commission relating to the terms and conditions of employment of the employees of the State Insurance Office registered with the Arbitration Commission and in force immediately before the appointed day, shall, on and after the appointed day, be deemed to have been made between the company and the Public Service Association and shall continue in force in relation to the employees of the company according to its terms. 2: While a Minister holds any shares in the capital of the company the company shall, before entering into any agreement under Part 7 of the Labour Relations Act 1987 1989 No 81 s 13 15: Union coverage 1: The Public Service Association shall, on the appointed day, be the union under the Labour Relations Act 1987 that has coverage of employees of the company. 2: The Registrar of Unions under the Labour Relations Act 1987 3: The Registrar of Unions shall, when making the amendment required by subsection (2) FINSEC 4: In making the amendments required by subsections (2) and (3) 5: The provisions of the Labour Relations Act 1987 16: Employment deemed to be continuous Notwithstanding any other provision of this Act— a: on the appointed day each employee of the State Insurance Office shall become an employee of the company but, for the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employment of that employee shall be deemed to have been unbroken and any period of service with the State Insurance Office recognised by that Office as continuous service shall be deemed to have been a period of service with the company: b: the terms and conditions of employment of each such employee shall, until varied, be identical with the terms and conditions of that employee's employment with the State Insurance Office immediately before the appointed day and be capable of variation in the same manner: c: no such employee shall be entitled to receive any payment or other benefit by reason only of that employee ceasing by virtue of this Act to be an employee of the State Insurance Office. 1986 No 129 s 7 17: Certain provisions of State Sector Act 1988 to apply to company On and after the appointed day, while a Minister holds any shares in the capital of the company,— a: the provisions of subsections (1) and (2) of section 56 i: the reference in subsection (1) a Department ii: the reference in subparagraph (iii) of paragraph (d) of subsection (2) Public Service b: the provisions of subsections (1) and (3) of section 58 subsection (1) of that section i: the reference to the expression a Department ii: the reference in paragraphs (a) and (b) of that subsection the Department 1989 No 81 s 14 18: Contributors to Government Superannuation Fund 1: Any person who, immediately before the appointed day, was an officer or employee appointed under the State Sector Act 1988 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 2: Subject to the Government Superannuation Fund Act 1956 subsection (1) 3: For the purposes of applying the Government Superannuation Fund Act 1956 subsection (1) controlling authority 1989 No 81 s 15 19: Application of State-Owned Enterprises Act 1986 1: On and after the appointed day, while a Minister holds any shares in the capital of the company, Part 3 section 2 2: On a date on which Part 3 a: the Auditor-General b: any person or firm holding office as an additional auditor of the company or any subsidiary of the company under section 19(3) c: the directors of the company and of every subsidiary of the company shall appoint an auditor or auditors of the company and of every subsidiary of the company and every such appointment shall be deemed to have been made by the directors to fill a casual vacancy in the office of auditor under section 163(5) of the Companies Act 1955 1989 No 81 s 17 Section 19(2)(a) amended 1 July 2001 section 52 Public Audit Act 2001 20: Application of Schedule 14 to Income Tax Act 1976 Section 20 repealed 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years) Income Tax Act 1994 21: Application of Ombudsmen Act 1975 1: On and after the appointed day, while the Ministers hold not less than 50% of the shares in the share capital of the company, the company shall be deemed to be a person named in Part 2 2: Amendment(s) incorporated in the Act(s) 22: Income Tax Act 1976 amended Section 22 repealed 1 April 1995 Income Tax Act 1994 23: Consequential amendments 1: The enactments specified in Schedule 1 2: This section shall come into force on the appointed day. Section 23 brought into force 28 June 1990 State Insurance Act (Vesting) Order 1990 24: Repeals 1: The enactments specified in Schedule 2 2: This section shall come into force on the appointed day. Section 24 brought into force 28 June 1990 State Insurance Act (Vesting) Order

DLM203578

1990

Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990

1: 1: This Act is Reciprocity Agreements, and New Zealand Artificial Limb Service 2: This Act shall come into force on 1 April 1990. Section 1 heading amended 5 December 2013 section 6(1) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 1(1) amended 5 December 2013 section 6(2)(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 1(1) amended 5 December 2013 section 6(2)(b) Social Welfare (Transitional Provisions) Amendment Act 2013 2: Interpretation 1: In this Act, unless the context otherwise requires,— Minister Privacy Commissioner Privacy Act 1993 social security debt a: in relation to New Zealand, means an amount that is subject to recovery from any person under section 86(1) section 85A b: in relation to any other country, means an amount that may be recovered from any person— i: under the laws relating to social security in that country; or ii: for taxation or other contribution levied specifically for social security under the laws of that country. 2: Unless the context otherwise requires, expressions defined in section 3(1) section 7 Section 2 substituted 23 November 2000 section 4(1) Social Welfare (Transitional Provisions) Amendment Act 2000 Section 2(1) social security debt amended 7 July 2014 section 35 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 2(2) amended 7 December 2014 section 278 Veterans’ Support Act 2014 2A: Administration of veterans' pensions Section 2A repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 2B: Delegation of Secretary's powers Section 2B repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 1: Reciprocity agreements with other countries Part 1 heading replaced 5 December 2013 section 7 Social Welfare (Transitional Provisions) Amendment Act 2013 New Zealand superannuation Heading repealed 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 3: New Zealand superannuation Section 3 repealed 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 4: Residential qualification for New Zealand superannuation Section 4 repealed 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 5: Commencement of New Zealand superannuation Section 5 repealed 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 6: Rates of New Zealand superannuation Section 6 repealed 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 7: Persons receiving national superannuation entitled to New Zealand superannuation Section 7 repealed 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Transitional retirement benefit Heading repealed 31 March 2004 section 3(3) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 7A: Transitional retirement benefit Section 7A repealed 31 March 2004 section 3(3) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Veterans' pensions Heading repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 8: Entitlement to veteran's pension Section 8 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 9: Medical examination of applicant for veteran's pension Section 9 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 10: Commencement of veteran's pension Section 10 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 11: Rates of veterans' pensions Section 11 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 12: Lump sum payments on death Section 12 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 13: Persons receiving certain pensions or allowance entitled to veteran's pension Section 13 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 13A: Annual adjustment of rates of Section 13A repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Consequential amendments to other Acts 14: Amending Social Security Act 1964 1: 2: 3: 4: 5: 6: 7: 8: (9)–(16): Amendment(s) incorporated in the Act(s). 17: 18: Amendment(s) incorporated in the Act(s). 19: 20: Amendment(s) incorporated in the Act(s). Section 14(1) repealed 25 July 1990 section 2(2)(b) Social Security Amendment Act (No 2) 1990 Section 14(2) repealed 2 October 1994 section 3(4)(c) Social Security Amendment Act 1994 Section 14(3) repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 14(4) repealed 17 September 1997 section 6(4)(c) Social Security Amendment Act (No 4) 1997 Section 14(5) repealed 1 August 1991 section 16(2)(e) Social Security Amendment Act (No 2) 1991 Section 14(6) repealed 30 June 1993 section 10(2)(d) Social Security Amendment Act (No 3) 1993 Section 14(7) repealed 1 April 1994 section 6(d) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 14(8) repealed 1 April 1991 section 24(3)(b) Social Security Amendment Act 1991 Section 14(17) repealed 1 July 1996 Social Security Amendment Act 1996 Section 14(19) repealed 1 April 1992 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 15: Amending War Pensions Act 1954 (1)–(4): Amendment(s) incorporated in the Act(s). 5: (6)–(7): Amendment(s) incorporated in the Act(s). (8): Amendment(s) incorporated in the order(s). Section 15(5) repealed 2 October 1996 War Pensions Amendment Act 1996 16: Amending Income Tax Act 1976 Section 16 repealed 1 April 1995 Income Tax Act 1994 Payment overseas of New Zealand superannuation and veterans' pensions Heading repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17: Payment overseas of Section 17 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17A: Effect of absence from New Zealand on Section 17A repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Special portability arrangement with specified Pacific countries Heading repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17B: Specified Pacific country Section 17B repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17BA: Entitlement to be paid Section 17BA repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17C: Rates of payment of Section 17C repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17D: Commencement and termination of payments Section 17D repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17E: Effect on other benefits Section 17E repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 17F: Application of this Act and Social Security Act 1964 Section 17F repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Other provisions on payment of benefits overseas Heading repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 18: Certain existing economic pensioners may be paid up to full rate of veteran's pension overseas Section 18 repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 18A: Living alone payments Section 18A repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 18B: Commencement of living alone payments Section 18B repealed 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Reciprocity agreements with other countries Heading repealed 5 December 2013 section 8 Social Welfare (Transitional Provisions) Amendment Act 2013 19: Adoption of reciprocity agreement with other countries 1: For the purpose of giving effect to any agreement or Convention with the government of another country providing for reciprocity in respect of matters relating to social security monetary benefits, or to any alteration thereto, the Governor-General may, by Order in Council,— a: declare that the provisions contained in any agreement or Convention or alteration thereto set out in a schedule of the Order in Council shall have force and effect so far as they relate to New Zealand: b: declare that the provisions of this Act and of the Social Security Act 1964 and Part 6 and of Part 1 New Zealand Superannuation and Retirement Income Act 2001 c: revoke any previous Order in Council which applied in respect of any such agreement or Convention that is no longer in force or that is intended to be no longer in force on the commencement of the Order in Council. 2: The Governor-General may, by the same or a subsequent Order in Council, specify the date on which any Order in Council made under subsection (1) 2A: If an agreement or Convention or alteration to an agreement or Convention contains a provision of the kind referred to in section 19A(2) a: whether the provision complies with the privacy principles set out in the Privacy Act 1993 paragraphs (a) to (f) of section 98 b: if the provision is of the kind referred to in section 19A(2)(b) 2B: Subsection (2A) does not apply to a provision that relates solely to the recovery of moneys paid under the agreement or Convention in excess of that to which the recipient was entitled under that agreement or Convention. 3: Amendment(s) incorporated in the Act(s). 4: Amendment(s) incorporated in the order(s). Section 19(1)(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 19(1)(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 19(1)(b) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 19(1)(b) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 19(2A) inserted 23 November 2000 section 5 Social Welfare (Transitional Provisions) Amendment Act 2000 Section 19(2B) inserted 23 November 2000 section 5 Social Welfare (Transitional Provisions) Amendment Act 2000 19A: Inclusion of mutual assistance provisions in reciprocity agreement 1: In this section and in sections 19B to 19D agreement section 19 competent institution party requested institution requesting institution social security laws social security purposes a: the administration of the social security laws of a party: b: the collection of the social security debts of a party: c: the maintenance of the social security laws of a party, including the prevention, detection, prosecution, and punishment of offences under those laws: d: the enforcement of any social security laws of a party imposing a pecuniary penalty: e: the conduct of any proceedings under the social security laws of a party before any court or tribunal. 2: An agreement may contain— a: provision for the governments of New Zealand and the other country to provide each other with assistance in the recovery of social security debts; or b: provision for those governments to supply each other with information for social security purposes; or c: both provisions described in paragraphs (a) and (b). 3: No provision of the kind referred to in subsection (2)(a) may be included in an agreement unless it is subject to section 19B 4: No provision of the kind referred to in subsection (2)(b) may be included in an agreement unless it is subject to section 19C 5: Nothing in section 19(2A) Section 19A inserted 23 November 2000 section 6 Social Welfare (Transitional Provisions) Amendment Act 2000 Section 19A(3) amended 27 April 2002 section 4 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 19A(3) amended 27 April 2002 section 4 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 19B: Terms and conditions for recovery of social security debts 1: The terms and conditions referred to in section 19A(3) a: assistance to recover any social security debt of a party may be provided by the other party only in respect of a debt— i: that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, body, or organisation in that country acting administratively within the terms of his, her, or its lawful authorisation; and ii: in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws),— A: has been exhausted or has expired; or B: if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been finally determined; and iii: that may be lawfully recovered under the laws of that country; and iv: that was first found or determined to be owing less than 5 years prior to the date that the request for assistance is made, except as provided in subsection (2): b: when providing assistance to recover any social security debt of a party, the party giving the assistance is not required to— i: give priority to the recovery of social security debts of the other party; and ii: take any measures for recovery not provided for under the laws relating to the recovery of debts of that party: c: a party may not seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual: d: any recovery of a social security debt of a deceased individual is limited to the value of that individual's estate: e: any institution, court, or tribunal involved in the recovery of a social security debt may defer recovery of the debt, or may order or arrange for the debt to be paid in instalments, if— i: the institution, court, or tribunal has the power to do so; and ii: it is its normal practice to do so: f: a party may give assistance only in respect of a social security debt that the requesting institution has certified is of a kind described in subparagraphs (i) to (iv) of paragraph (a): fa: if a party gives assistance in respect of any social security debt for which there is no time limit for exercising any right of review or appeal of the determination of the debt under the law under which the debt was determined, or for which there is a time limit but a right of review or appeal may be exercised after its expiry in the discretion of the court or tribunal or body or person concerned, or in the discretion of any other person,— i: the requesting institution must immediately advise the requested institution if any such right is exercised; and ii: the requested institution must defer recovery of the debt until notified by the requesting institution that the review or appeal is finally determined: g: the party requesting assistance to recover a social security debt must pay the costs of the other party of recovering the debt, including court costs or other fees payable under the laws of that party. 1A: For the purposes of subsection (1)(a)(ii), a right of review or appeal under the law under which a debt was determined has expired— a: if the right has not been exercised within the time limit provided for its exercise; and b: irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains a discretion (however expressed in that law) to allow the right of review or appeal to be exercised after that time. 2: Where any institution, court, or tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by instalments, the 5-year period referred to in subsection (1)(a)(iv) is extended by the period of deferral or, as the case requires, the period over which the debt is to be paid by instalments. Section 19B inserted 23 November 2000 section 6 Social Welfare (Transitional Provisions) Amendment Act 2000 Section 19B(1)(a)(ii) substituted 27 April 2002 section 5(1) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 19B(1)(fa) inserted 27 April 2002 section 5(2) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 19B(1A) inserted 27 April 2002 section 5(3) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 19C: Terms and conditions for exchange of information for social security purposes 1: The terms and conditions referred to in section 19A(4) a: a request for information relating to an individual may be made only for social security purposes: b: the requested institution of a party may supply to the requesting institution any information about the person to whom the request relates that it holds or is lawfully able to obtain: c: the requesting institution of a party (the requesting party i: making an assessment of the tax due by any person under the laws of the requesting party relating to taxation: ii: detecting tax fraud or tax evasion under the laws of the requesting party: d: every request for and supply of information made by and to the competent institutions of the parties must be made in terms of an agreement between the competent institutions of the parties that— i: specifies the types of information that the competent institutions may supply to each other; and ii: limits the supply of information to the types of information specified; and iii: subject to subparagraph (iv), in relation to New Zealand, contains, with all necessary modifications, the safeguards required to be set out in an information matching agreement within the meaning of section 99 iv: in relation to New Zealand, requires the information matching rules set out in clause 4 v: in relation to New Zealand, has been agreed to by the Privacy Commissioner under the Privacy Act 1993, the Commissioner having had regard to the information matching guidelines in section 98 e: subject to paragraphs (b) and (c), any information supplied by a party to the other party must be subject to the same privacy protections as any other personal information obtained under the social security laws of the other party: f: no party that receives, under the agreement, personal information about any individual from the competent institution of the other party may supply that information to any other country without the prior written consent of that competent institution or the individual concerned: g: a party must supply the competent institution of the other party with any information required by that institution to answer any questions or to make any report or return required by a person or body authorised to monitor compliance with that party's privacy laws. 2: In relation to New Zealand, section 99(4) Section 19C inserted 23 November 2000 section 6 Social Welfare (Transitional Provisions) Amendment Act 2000 Section 19C(1)(b) substituted 27 April 2002 section 6 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 19D: Actions by chief executive under mutual assistance provisions 1: Where an Order in Council is made under section 19 section 19A(2)(a) a: any social security debt of the other country may, in accordance with and subject to the provision and to the extent that it has not been recovered in the other country, be recovered by the chief executive under section 86(1D) b: any amount so recovered may, after the deduction of the costs of collection, be paid to the other country without any further appropriation than this paragraph. 2: For the purposes of subsection (1)(a), a certificate signed by an authorised officer of the competent institution of the other country that the debt is of a kind described in subparagraphs (i) to (iv) of section 19B(1)(a) 3: Where an Order in Council is made under section 19 section 19A(2)(b) a: the chief executive may supply any information in the department's possession about any person to, or receive information about any person from, the competent institution of the other country in accordance with, and subject to, the provision: b: the chief executive may from time to time, in accordance with arrangements made in an agreement with the Commissioner of Inland Revenue, supply any information received from the competent institution of the other country to the Commissioner for either or both of the purposes referred to in section 19C(1)(c) c: if any information received from the competent institution of the other country under the provision has produced a discrepancy and the chief executive proposes to take action against an individual as a result, the chief executive must give that individual written notice— i: specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and ii: stating that the individual has 5 working days from the receipt of the notice in which to show cause why that action should not be taken: d: the chief executive may not take any adverse action against an individual to whom a notice has been sent until the expiry of the 5 working days referred to in paragraph (c)(ii): e: sections 100 to 102 104 to 106 4: Nothing in paragraph (c) or paragraph (d) of subsection (3) prevents the chief executive from taking adverse action against an individual if compliance with the requirements of subsection (3)(c) would prejudice any investigation into the commission of an offence or the possible commission of an offence. 4A: Subsection (4B) applies if— a: an agreement contains a provision of the kind referred to in section 19A(2)(b) b: the social security purposes concerned are wholly or principally the administration of the agreement itself; and c: the parties to the agreement are likely to frequently exchange information about individuals for the purposes of granting or paying benefits under the agreement, calculating the rates of benefits payable under the agreement, or calculating the rates of other benefits that are affected by the rates of benefits payable under the agreement. 4B: If this subsection applies, if any information received from the competent institution of the other country under the provision contains identifying information about any individual (including the unique identifier assigned to that individual by that institution) who has applied for a benefit payable under the agreement in either country and produces a discrepancy with information already held about that person by the chief executive, and the chief executive has not previously given notice under this subsection, the chief executive must give that individual written notice— a: specifying particulars of the discrepancy and of the action the chief executive proposes to take as a result of that discrepancy; and b: specifying the unique identifiers assigned to that individual by the competent institutions of both countries; and c: informing him or her that information received from the other country about that individual will be matched with information in the department's possession using those unique identifiers; and d: specifying the kinds of information about the individual that the chief executive is likely to receive from the other country under the agreement; and e: specifying the kinds of actions that the chief executive may take as a result of information about that individual received at any subsequent time from the other country under the agreement; and f: specifying the likely consequences of those actions for any benefit payable to that individual under the agreement or otherwise; and g: stating that the individual has 5 working days from the receipt of the notice to show cause why the chief executive should not take the action referred to in paragraph (a) or actions of the kinds referred to in paragraph (e). 4C: Despite subsections (3)(c) to (e) and (6), if subsection (4B) applies, after the expiration of the 5 working days referred to in subsection (4B)(g), the chief executive is not obliged to comply with subsection (3)(c) and (d) in respect of any information that is— a: subsequently received from the other country under the provision; and b: received for a purpose set out in subsection (4A)(c); and c: matched against information held by the chief executive using the unique identifiers assigned to the individual concerned by the competent institutions of both countries. 5: Subsections (3) and (4) of section 103 or subsection (4B) 6: Where the chief executive fails to comply, in relation to any individual, with the provisions of subsection (3)(c), the failure is considered, for the purposes of Part 8 Part 10 7: In this section, expressions defined in section 97 Section 19D inserted 23 November 2000 section 6 Social Welfare (Transitional Provisions) Amendment Act 2000 Section 19D(4A) inserted 27 April 2002 section 7(1) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 19D(4B) inserted 27 April 2002 section 7(1) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 19D(4C) inserted 27 April 2002 section 7(1) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 19D(5) amended 27 April 2002 section 7(2) Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 2: Other matters Social Welfare Commission, District Executive Committees, Area Welfare Executive Committees, and repeal of Department of Social Welfare Act 1971, etc 20: Social Welfare Commission Section 20 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 21: Term of office of members Section 21 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 22: Extraordinary vacancies Section 22 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 23: Presiding member Section 23 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 24: Meetings of Commission Section 24 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 25: Administrative services Section 25 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 26: Fees and travelling allowances Section 26 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 27: Functions of Commission Section 27 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 28: District Executive Committees and Area Welfare Executive Committees Section 28 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 29: Functions of District Executive Committees and Area Welfare Executive Committees Section 29 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 30: Committees 1: The Minister may from time to time appoint such committees as the Minister thinks fit to advise or otherwise assist the Minister or the chief executive 2: The members of any such committee shall hold office at the pleasure of the Minister. 3: Every such committee may regulate its own procedure. 4: Every such committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 5: There may, if the Minister so directs, be paid to the members of any such committee, out of the Department's Bank Account from 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; and that Act shall apply accordingly. Section 30(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 31: Members of Commission, etc, not deemed to be in service of the Crown No person, by reason only that he or she is a member section 30 State Sector Act 1988 Government Superannuation Fund Act 1956 Section 31 amended 1 April 1991 section 2(2) Social Welfare (Transitional Provisions) Amendment Act 1991 32: Members of existing Commission and committees Section 32 repealed 1 April 1991 section 2(1) Social Welfare (Transitional Provisions) Amendment Act 1991 33: Repeal of Part 1 of Department of Social Welfare Act 1971 Amendment(s) incorporated in the Act(s). 34: Amending Social Security Act 1964 Section 34 repealed 1 October 1998 section 12(c) Employment Services and Income Support (Integrated Administration) Act 1998 35: Amending Children, Young Persons, and Their Families Act 1989 (1)–(3): Amendment(s) incorporated in the Act(s). 4: 5: Section 35(4) repealed 1 April 1991 section 4(2) Social Welfare (Transitional Provisions) Amendment Act 1991 Section 35(5) repealed 1 April 1991 section 4(2) Social Welfare (Transitional Provisions) Amendment Act 1991 36: Amendments to other Acts Amendment(s) incorporated in the Act(s). Amendments to Social Security Act 1964 to facilitate introduction of new computer system 37: Amending Social Security Act 1964 (1)–(2): Amendment(s) incorporated in the Act(s). 3: 4: 5: 6: 7: 8: Amendment(s) incorporated in the Act(s). 9: 10: Amendment(s) incorporated in the Act(s). Section 37(3) repealed 1 October 1990 section 11(2)(d) Social Security Amendment Act (No 2) 1990 Section 37(4) repealed 1 April 1991 section 7(2)(k) Social Security Amendment Act 1991 Section 37(5) repealed 1 April 1991 section 7(2)(k) Social Security Amendment Act 1991 Section 37(6) repealed 1 August 1991 section 16(2)(e) Social Security Amendment Act (No 2) 1991 Section 37(7) repealed 1 March 1991 section 32(2)(a) Social Security Amendment Act 1991 Section 37(9) repealed 1 July 1996 Social Security Amendment Act 1996 Miscellaneous amendments to Social Security Act 1964 and War Pensions Act 1954 38: Amendments to Social Security Act 1964 Section 38 repealed 17 September 1997 section 6(4)(c) Social Security Amendment Act (No 4) 1997 39: Amendment to War Pensions Act 1954 Amendment(s) incorporated in the Act(s). 40: Amending Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s). 41: Validation of exercise of Director-General's powers pursuant to a purported delegation If any officer of the Department has, at any time before the commencement of this section, purported to exercise any power, function, or discretion of the Director-General under the Social Security Act 1964 section 10 3: New Zealand Artificial Limb Service Part 3 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 42: Interpretation Section 42 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 43: New Zealand Artificial Limb Service Section 43 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 44: Functions Section 44 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 45: Powers of Board Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004 46: Membership of Service Section 46 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 47: Board to comply with Government policy Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004 48: Review of operation of Service Section 48 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 49: Further provisions applying to Service Section 49 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018 50: Contracts of Board Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004 51: Transitional provisions applying to Board Section 51 repealed 26 November 2018 section 15 Artificial Limb Service Act 2018

DLM219710

1990

Transport Accident Investigation Commission Act 1990

1: Short Title and commencement 1: This Act may be cited as the Transport Accident Investigation Commission Act 1990. 2: This Act shall come into force on 1 September 1990. 1: Preliminary provisions Part 1 heading inserted 10 September 1999 section 3 Transport Accident Investigation Commission Amendment Act 1999 2: Interpretation In this Part, unless the context otherwise requires,— accident a: in relation to aviation, has the same meaning as in section 2 b: in relation to rail transport, has the same meaning as in section 4(1) c: in relation to maritime transport, has the same meaning as in section 2(1) aeronautical product section 2 Civil Aviation Authority section 72A Commission Convention a: means the Convention on International Civil Aviation signed on behalf of the Government of New Zealand in Chicago on 7 December 1944; and b: includes— i: any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and ii: any Annex or amendment thereto accepted under Article 90 of the Convention; and iii: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation pursuant to Article 37 of the Convention incident a: in relation to aviation, has the same meaning as in section 2 b: in relation to rail transport, has the same meaning as in section 4(1) c: in relation to maritime transport, has the same meaning as in section 2(1) Land Transport Authority the New Zealand Transport Agency section 93 Maritime New Zealand section 429 maritime product section 2(1) Minister Secretary ship section 2(1) transport related thing rail vehicle warship section 2(1) Section 2 accident substituted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 2 accident substituted 20 July 2005 section 103(3) Railways Act 2005 Section 2 accident added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 aeronautical product inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Authority repealed 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Civil Aviation Authority inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Convention inserted 28 November 1991 section 11(1) Civil Aviation Amendment Act 1991 Section 2 incident substituted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 2 incident substituted 20 July 2005 section 103(3) Railways Act 2005 Section 2 incident added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Land Transport Authority substituted 1 December 2004 section 19(1) Land Transport Management Amendment Act 2004 Section 2 Land Transport Authority amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2 Maritime New Zealand inserted 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2 maritime product inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Maritime Safety Authority repealed 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2 rail service vehicle repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2 Secretary substituted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 2 ship added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 transport related thing added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 transport related thing amended 20 July 2005 section 103(3) Railways Act 2005 Section 2 warship added 1 February 1995 section 203 Maritime Transport Act 1994 2A: Application of Act 1: Except as otherwise expressly provided in this Act or in any other Act, or in the regulations or rules concerned, nothing in this Act shall apply to the New Zealand Defence Force. 2: Nothing in this Act shall be interpreted as limiting the privileges and immunities of— a: any foreign military aircraft, foreign warship, or any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental purposes, other than commercial purposes; or b: the members of the visiting force and crew members of any such foreign military aircraft, foreign warship or such other ship. Section 2A inserted 1 February 1995 section 203 Maritime Transport Act 1994 2: Transport Accident Investigation Commission Part 2 heading added 10 September 1999 section 4 Transport Accident Investigation Commission Amendment Act 1999 3: Establishment of Commission 1: For the purposes of this Act, there shall be a Transport Accident Investigation Commission. 2: The Commission is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 Section 3(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 4: Purpose of Commission The principal purpose of the Commission shall be to determine the circumstances and causes of accidents and incidents with a view to avoiding similar occurrences in the future, rather than to ascribe blame to any person. 5: Membership of Commission 1: The Commission consists of not less than 3 and not more than 5 members appointed in accordance with section 28(1)(b) 2: Members of the Commission are the board for the purposes of the Crown Entities Act 2004 3: One of the members of the Commission shall be a barrister or solicitor of the High Court who has held a practising certificate as such for not less than 7 years, or a District Court Judge. 4: Subsection (3) does not limit section 29 Section 5(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(4) added 25 January 2005 section 200 Crown Entities Act 2004 5A: Appointment of assessors 1: The Commission may from time to time appoint, on such terms as the chief executive and the appointee may agree, any suitably qualified person to be an assessor for the purposes of any investigation under this Act. 2: The Commission may co-opt for such term as it thinks fit any assessor to be a member of the Commission. 3: A co-opted member of the Commission shall be entitled to attend and speak at any meeting of the Commission, but shall not be entitled to vote on any question unless authorised to do so by resolution of the Commission. Section 5A inserted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 6: Commission responsible to Minister Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 6A: Extra information to be included in statement of intent 1: The Commission must include, in its statement of intent under section 139 2: Section 6A substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6A(1) replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 6A(2) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 7: Further provisions applying in relation to Commission The provisions of the Schedule 8: Functions of Commission 1: The principal function of the Commission shall be the investigation of accidents and incidents. 2: Without limiting the principal function under subsection (1), the Commission shall also have the following functions: a: to make such inquiries as it considers appropriate in order to ascertain the cause or causes of accidents and incidents: b: to co-ordinate and direct all such investigations and to determine which other parties (if any) should be involved in such investigations: c: to prepare and publish findings and recommendations (if any) in respect of any such investigation: d: if requested by the Minister, to deliver a written report on each investigation to the Minister, including any recommendations for changes and improvements that it considers will ensure the avoidance of accidents and incidents in the future: e: to co-operate and co-ordinate with other accident investigation organisations overseas, including taking evidence on their behalf: f: where— i: a notification under section 27 ii: a notification under section 13(4) iii: a notification under section 60 has not been received, to request from the Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand section 13(1) g: to perform any other function or duty conferred on it by this or any other Act. 3: Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— a: this Act; and b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Section 8(2)(f) substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 8(2)(f) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 8(2)(f) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 8(2)(f)(ii) amended 20 July 2005 section 103(3) Railways Act 2005 Section 8(3) added 25 January 2005 section 200 Crown Entities Act 2004 9: Commission may make reports to Authority 1: The Commission may make such preliminary reports and recommendations to— a: the Civil Aviation Authority, in the case of aviation accidents and incidents; or b: the New Zealand Transport Agency c: Maritime New Zealand as the case may be, as may be necessary in the interests of transport safety. 2: The Commission may give such notice of any preliminary report or recommendation to such persons as may be appropriate in the interests of transport 3: The Commission shall make available to the Secretary any preliminary report or recommendation that has major consequences for transport safety. Section 9(1) substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 9(1)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9(1)(b) amended 20 July 2005 section 103(3) Railways Act 2005 Section 9(1)(c) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 9(2) amended section 6(2) Transport Accident Investigation Commission Amendment Act 1992 Section 9(3) added 20 August 1993 section 35(1) Land Transport Act 1993 10: Commission to notify Authority The Commission shall notify the Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand a: is reported to the Commission; and b: either— i: is outside the scope of the Commission's jurisdiction; or ii: is an accident or incident that the Commission decides not to investigate, being an accident or incident that the Commission is not required to investigate under this Act. Section 10 heading amended 10 August 1992 section 39 Civil Aviation Amendment Act 1992 Section 10 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 10 amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 10: amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 10 amended 20 August 1993 Land Transport Act 1993 11: Powers of Commission 1: For the purposes of carrying out its functions and duties under this Act, the Commission shall have the same powers as are conferred on a commission of inquiry by the Commissions of Inquiry Act 1908 sections 11 12 2: Subsection (1) applies in addition to sections 16 17 Section 11(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 12: Powers of entry and investigation 1: Without limiting the powers conferred by section 11 or sections 16 17 a: to enter and inspect any transport related thing where the Commission believes on reasonable grounds that it is necessary to do so for the purposes of investigating an accident or incident: b: to inspect, make copies of, or take extracts from, or retain any document or record that the Commission believes on reasonable grounds is relevant to the investigation of an accident or incident: c: where the Commission believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any place or thing involved in any manner in an accident or incident, to prohibit or restrict access of persons or classes of persons to the site of any accident or incident or to any transport related thing involved in the accident or incident: ca: where the Commission believes on reasonable grounds that any transport related thing is or contains evidence relevant to the investigation of any accident or incident, to direct that the transport related thing be taken to a place nominated by the Commission: d: to seize, detain, remove, preserve, protect, or test any place or thing that the Commission believes on reasonable grounds will assist in establishing the cause of an accident or incident. 2: Nothing in subsection (1) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by a judicial officer on written application on oath, which shall not be granted unless the judicial officer is satisfied that the entry is essential to enable the inspection to be carried out. 3: Every warrant issued under subsection (2) shall be directed to a named person and shall be valid for a period of 1 month from the date of its issue or such lesser period as the judicial officer considers appropriate; and the period of validity shall be shown in the warrant. 4: Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Chief Commissioner specifying— a: the name and the office or offices held by the person; and b: that the person is authorised by the Chief Commissioner to exercise the powers conferred by subsections (1) and (2) to enter any transport related thing and to carry out such inspection. 5: Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall produce the warrant of authority and evidence of identity— a: if practicable on first entering the transport related thing; and b: whenever subsequently reasonably required to do so. Section 12 substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 12(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1)(c) substituted 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 12(1)(ca) added 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 12(1)(ca) paragraph number substituted 3 June 1998 section 2 Transport Accident Investigation Commission Amendment Act 1998 12A: Offences in respect of certain powers of investigation 1: Every person commits an offence who, without sufficient cause, fails to comply with a direction given by the Commission under section 12(1)(ca) 2: Every person commits an offence who, without lawful authority, wilfully interferes with— a: the site of any accident or incident or any transport related thing in respect of which access has been prohibited or restricted by the Commission under section 12(1)(c) b: any transport related thing that the Commission has directed be taken to any place under section 12(1)(ca) 3: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000. 4: A constable constable Section 12A inserted 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 12A(1) amended 3 June 1998 section 3(1) Transport Accident Investigation Commission Amendment Act 1998 Section 12A(2)(b) amended 3 June 1998 section 3(2) Transport Accident Investigation Commission Amendment Act 1998 Section 12A(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 13: Accidents to be investigated 1: As soon as practicable after an accident or incident has been notified to the Commission under section 27 section 13(4) section 60 a: b: the Commission believes that the circumstances of the accident or incident have, or are likely to have, significant implications for transport safety, or may allow the Commission to establish findings or make recommendations which may increase transport safety; or c: in the case of an accident or incident that the Commission has decided not to investigate under paragraph (b), the Minister has directed the Commission to undertake an investigation in respect of that accident or incident. 2: Notwithstanding subsection (1), the Commission shall not investigate any maritime accident or incident where the implications of that accident or incident relate exclusively to the safety of persons employed or engaged solely to— a: maintain a ship while it is not at sea; or b: load or unload a ship; or c: both— unless the Minister directs the Commission to investigate that accident or incident. 3: The duty to investigate an accident or incident referred to in subsection (1) shall include the power to investigate any aviation, maritime, or rail 4: The Commission may investigate such additional accidents or incidents notified to it in accordance with section 27 section 13(4) section 60 5: If an accident or incident has not been notified to the Commission in accordance with section 27 section 13(4) section 60 Maritime Transport Act 1994 paragraph (a) or paragraph (b) of subsection (1) 6: Where an accident or incident has not been notified to the Commission in accordance with section 27 section 13(4) section 60 a: where the Commission has decided not to investigate the accident or incident under subsection (5); or b: where the accident is one that the Minister would direct the Commission to investigate under subsection (2) if the accident had been notified to the Commission,— direct the Commission to investigate the accident or incident, and in any such case, the Commission shall do so. 7: Where the Commission intends to undertake an investigation under this section, the Commission shall notify the Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand 8: For the purpose of subsection (3), military Section 13 substituted 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 13(1) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(1)(a) repealed 10 September 1999 section 5 Transport Accident Investigation Commission Amendment Act 1999 Section 13(3) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(4) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(5) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(6) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 13(7) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 14: Conduct of investigation 1: When an accident or incident is under investigation by the Commission, the Commission shall be in charge of that investigation. 2: The Commission shall permit the participation or representation of such foreign organisations in any investigation as is provided for in the Convention. 3: Except with the consent of the Commission, which consent shall not be unreasonably withheld Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand a: participate in any investigation being undertaken by the Commission; or b: undertake any independent investigation at the site of any accident or incident being investigated by the Commission; or c: examine or cause to be examined any material removed from the site of any accident or incident being investigated by the Commission ; or d: examine or cause to be examined any recording of a communication between persons on the flight deck of an aircraft and persons in an air traffic control service relating to an accident or incident being investigated by the Commission; or e: examine or cause to be examined any record specified in section 14C(2) 3A: Subsection (3) section 14H 4: Where the Commission refuses consent under subsection (3) 5: Where any preliminary report issued by the Commission states or infers that the conduct of any specified person has contributed to the cause of an accident or incident being investigated by the Commission, the Commission shall, before issuing a final report on the matter,— a: give that person an opportunity to comment on or refute that statement, either in a statement in writing or at a hearing; and b: have regard to that person's statement or other evidence. 6: Where an incident or accident referred to in section 13 Section 14(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 14(3) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 14(3) amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 14(3) amended 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 14(3)(c) amended 10 September 1999 section 6(1) Transport Accident Investigation Commission Amendment Act 1999 Section 14(3)(d) added 10 September 1999 section 6(2) Transport Accident Investigation Commission Amendment Act 1999 Section 14(3)(e) added 10 September 1999 section 6(2) Transport Accident Investigation Commission Amendment Act 1999 Section 14(3A) inserted 10 September 1999 section 6(3) Transport Accident Investigation Commission Amendment Act 1999 3: Disclosure and admissibility of transport accident and incident investigation information Part 3 heading added 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14A: Interpretation For the purposes of this Part, unless the context otherwise requires,— disclose a: relating the whole or part of the contents of the record orally; and b: producing the record, or a copy of the record, in whole or in part in any form;— and disclosed disclosure proceedings a: proceedings before a court or tribunal, including— i: a court of inquiry under section 200A ii: proceedings relating to an offence under the Armed Forces Discipline Act 1971 b: proceedings before any coroner or associate coroner c: an arbitration under the Arbitration Act 1996 d: proceedings before a commission of inquiry under the Commissions of Inquiry Act 1908 e: an inquiry or investigation by any person, other than the Commission, having authority to conduct the inquiry or investigation under any Act ; and f: an inquiry to which section 6 Section 14A inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14A proceedings amended 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 14A proceedings amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 14A proceedings amended 27 August 2013 section 39 Inquiries Act 2013 Section 14A proceedings inserted 27 August 2013 section 39 Inquiries Act 2013 14B: Circumstances of disclosure, and admissibility, of certain investigation records 1: A record specified in subsection (2)— a: may only be disclosed— i: by the Commission, or other person with the written consent of the Commission, for the purposes of an investigation by the Commission into an accident or incident to which the record relates; or ii: under section 14Q b: is not admissible in any proceeding. 2: A record referred to in subsection (1) is— a: a statement or submission made to the Commission in the course of an investigation; or b: a recording of an interview by a person engaged in an investigation by the Commission that is generated in the course of an investigation, or a transcript of such a recording; or c: a note or opinion of a person engaged in an investigation by the Commission that is generated in the course of an investigation; or d: information relating to an investigation that is provided in confidence by the Commission to any other person (unless that information is a record specified in section 14C(2) 3: Despite subsection (1) Section 14B inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14C: Circumstances of disclosure of cockpit recordings, and certain investigation records supplied to Commission 1: A record specified in subsection (2) may only be disclosed— a: by the Commission, or other person with the written consent of the Commission, for the purposes of an investigation by the Commission into an accident or incident to which the record relates; or b: by order of the High Court under section 14E section 14F c: under section 14Q 2: A record referred to in subsection (1) is— a: a cockpit voice recording from a non-military aircraft or a transcript of a cockpit voice recording from a non-military aircraft; or b: a cockpit video recording from a non-military aircraft or a transcript of a cockpit video recording from a non-military aircraft; or c: a document or record held by the Commission that contains information about an identifiable natural person that was supplied to the Commission in the course of an investigation (not being information included in any statement, submission, recording, transcript, or note referred to in any of paragraphs (a), (b), or (c) of section 14B(2) 3: Nothing in subsection (1) Section 14C inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14D: Admissibility of cockpit recordings, and certain investigation records supplied to Commission 1: A record specified in section 14C(2) a: civil proceedings other than proceedings of a kind to which section 14F b: proceedings under the Armed Forces Discipline Act 1971 2: A record specified in section 14C(2) 3: Nothing in subsection (2) affects the admissibility of a record specified in section 14C(2) 4: A record specified in section 14C(2) section 14F section 14E 5: Nothing in this section renders admissible any record that is inadmissible under any other enactment or rule of law. Section 14D inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14E: Disclosure of record relating to accident or incident before civil proceedings commenced 1: This section applies to any civil proceedings if the amount of the damages claimed or intended to be claimed exceeds the amount specified from time to time as the maximum civil jurisdiction of the District Court under the District Court Act 2016 Employment Relations Act 2000 2: A person who is or may be intending to commence civil proceedings of a kind specified in subsection (1) section 14C(2) 3: The court may order the disclosure of a record to a person who applies under subsection (2) if— a: it appears to the court that— i: the person is or may be entitled to claim relief in proceedings of a kind specified in subsection (1); and ii: it is impossible or impracticable for the person to formulate the person's claim without reference to the record sought; and b: the court determines, on the balance of probabilities, that the interests of justice in the disclosure of the record outweigh the adverse domestic and international impact the disclosure may have on the investigation to which the record relates or any future investigation into an accident or incident. Section 14E inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14E(1) amended 1 March 2017 section 261 District Court Act 2016 Section 14E(1) amended 2 October 2000 section 240 Employment Relations Act 2000 14F: Disclosure of record relating to accident or incident in civil proceedings 1: This section applies to any civil proceedings if the amount of the damages claimed exceeds the amount specified from time to time as the maximum civil jurisdiction of the District Court under the District Court Act 2016 Employment Relations Act 2000 2: A party to civil proceedings to which this section applies may apply to the High Court for the disclosure of a record specified in section 14C(2) 3: The court may order the disclosure of a record under this section if the court determines, on the balance of probabilities, that the interests of justice in the disclosure of the record outweigh the adverse domestic and international impact the disclosure may have on the investigation to which the record relates or any future investigation into an accident or incident. Section 14F inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14F(1) amended 1 March 2017 section 261 District Court Act 2016 Section 14F(1) amended 2 October 2000 section 240 Employment Relations Act 2000 14G: Provisions relating to application under section 14E or section 14F 1: Subject to this section, an application under section 14E section 14F 2: The applicant must notify the following persons of the making of the application: a: the person who has possession of the record: b: any natural person who is the subject of the record or, if that person is deceased, that person's next of kin: c: the owner of the record. 3: A person who is served with a notice of an application, and any other person who satisfies the court that he or she has a legitimate interest in the application, may appear before the court and be heard in respect of the application. 4: Only the following persons are permitted to be present at the hearing of an application under this section: a: the Judge or Master and officers of the court: b: the applicant and the applicant's counsel: c: other parties to the proceedings to which the application relates (or intended parties in the case of an application under section 14E d: witnesses: e: any person referred to in subsection (3). 5: The Judge or Master may exclude any witness or person referred to in subsection (3) from any part of the hearing of the application. 6: The court may adjourn the hearing of an application under section 14E section 14F 7: Subsection (6) does not limit any other power of the court to adjourn proceedings. 8: For the purpose of subsection (2)(b), a person's next of kin may include that person's civil union partner or de facto partner. Section 14G inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14G(8) added 26 April 2005 section 7 Relationships (Statutory References) Act 2005 14H: Court may order record to be produced 1: For the purpose of determining whether a record should be disclosed under section 14E section 14F 2: Subject to section 14J Section 14H inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14I: Restriction on publication of reports of proceedings 1: No person may publish any report of an application under section 14E section 14F 2: Despite subsection (1), a person may publish— a: the names and addresses of the parties: b: the name of the presiding Judge or Master: c: the order made by the court. Section 14I inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14J: Further provisions relating to disclosure of record 1: If the High Court makes a disclosure order under section 14E section 14F 2: The record must only be used for the purpose for which the disclosure was ordered, and no person is permitted to copy the record or make notes from the record without the leave of the court. 3: The record must be returned to the person who produced the record to the court when the record is no longer needed for the purpose for which the disclosure was ordered. 4: No record that is ordered to be disclosed under section 14E section 14F Section 14J inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14K: Certain actions do not constitute disclosure The following actions do not constitute disclosure of a record referred to in section 14B section 14C a: the inclusion of the whole or part of a record in any findings or recommendations published, or report made, by the Commission after an investigation: b: the return of a recording to its owner with the consent of all the individuals recorded on it: c: the broadcast or publication in the media of any information disclosed to any person under section 14B(3) section 14C(3) Section 14K inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14L: Offences relating to disclosure of records 1: Every person commits an offence who discloses a record specified in section 14B(2) section 14C(2) 2: Every person commits an offence who contravenes section 14J(2) 3: Every person who commits an offence against this section is liable on a: in the case of an individual, to a fine not exceeding $10,000: b: in the case of a body corporate, to a fine not exceeding $25,000. Section 14L inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14L(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 14M: Offences relating to publication of reports of proceedings or publication of records 1: Every person commits an offence who contravenes section 14I section 14J(4) 2: Every person who commits an offence against this section is liable on a: in the case of an individual, to a fine not exceeding $10,000: b: in the case of a body corporate, to a fine not exceeding $25,000. Section 14M inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14M(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 14N: Admissibility of accident or incident findings, recommendations, or report No findings or recommendations published, or report made after an investigation by the Commission are admissible as evidence in any proceedings except— a: a coroner’s inquiry or an associate coroner’s inquiry b: an application for review of a decision of the Commission. Section 14N inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14N(a) amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 14N(a) amended 1 July 2007 section 146 Coroners Act 2006 14O: Commission investigators not compellable to give opinion evidence in certain proceedings No person engaged in an investigation by the Commission is compellable to give evidence in any proceedings to which the Commission is not a party as to— a: that person's opinion concerning any aspect of an investigation; or b: any matter included in any analysis, findings, or recommendations made following an investigation. Section 14O inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14P: No search warrant may be issued for record specified in section 14B(2) or section 14C(2) No Judge, Justice, Community Magistrate, or Registrar may issue a search warrant in respect of a record specified in section 14B(2) section 14C(2) Section 14P inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 14Q: Disclosure of personal information under Privacy Act 2020 1: A record specified in any of paragraphs (a), (b), and (c) of section 14B(2) section 14C(2) information privacy principle 6 set out in section 22 2: For the purposes of subsection (1), a person is the supplier of a record if the person— a: made a statement or submission referred to in section 14B(2)(a) b: is recorded on a recording or transcript referred to in paragraph (a) or paragraph (b) of section 14C(2) c: gave the information contained in a record referred to in paragraph (b) or paragraph (c) of section 14B(2) section 14C(2)(c) 3: To avoid doubt, a person to whom a record is disclosed under this section may not disclose that record to any person in breach of section 14B(1) section 14C(1) 4: Nothing in this section limits sections 49 to 53 5: This section is subject to section 14(3) Section 14Q inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14Q heading amended 1 December 2020 section 217 Privacy Act 2020 Section 14Q(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 14Q(4) amended 1 December 2020 section 217 Privacy Act 2020 14R: Application of Official Information Act 1982 to record specified in section 14B(2) or section 14C(2) Nothing in the Official Information Act 1982 section 14B(2) section 14C(2) Section 14R inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 15: Commission to complete certain former investigations Section 15 repealed 10 September 1999 section 9 Transport Accident Investigation Commission Amendment Act 1999 16: Amendment to Ombudsmen Act 1975 Section 16 repealed 10 September 1999 section 9 Transport Accident Investigation Commission Amendment Act 1999

DLM203549

1990

New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990

1: Short Title This Act may be cited as the New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990. 2: Dissolution of New Zealand Council for Postgraduate Medical Education 1: The New Zealand Council for Postgraduate Medical Education is hereby dissolved. 2: On the coming into force of this section— a: all assets and liabilities of the New Zealand Council for Postgraduate Medical Education shall become assets and liabilities of the Crown: b: all money payable to the New Zealand Council for Postgraduate Medical Education shall become payable to the Crown: c: all proceedings pending by or against the New Zealand Council for Postgraduate Medical Education may be carried on, completed, or enforced by or against the Crown. 3: No member of the New Zealand Council for Postgraduate Medical Education shall be entitled to compensation for loss of office resulting from the dissolution of that Council. 3: Final accounts of New Zealand Council for Postgraduate Medical Education 1: As soon as reasonably practicable after the commencement of this section, the Director-General of Health shall cause to be prepared final accounts of the New Zealand Council for Postgraduate Medical Education as at the close of the date of commencement of this Act. 2: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be sent by the Director-General of Health to the Minister of Health. 3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be laid before the House of Representatives by the Minister of Health as soon as practicable after their receipt by that Minister. 4: Repeals The following enactments are hereby repealed: a: the New Zealand Council for Postgraduate Medical Education Act 1978 b: the New Zealand Council for Postgraduate Medical Education Amendment Act 1988 (c)–(e): Amendment(s) incorporated in the Act(s).

DLM210448

1990

Commerce Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Commerce Amendment Act 1990 and shall be read together with and deemed part of the Commerce Act 1986 2: Except as provided in subsection (3) 3: Sections 2 (1) (3) (4) (5) (6) 17 18 23 25 26 (1) (b) 27 29 30 31 32 33 44 46 47 48 2: 3: 4: 5: 6: 7: Establishment of Commission This section repealed section 8(4) 8: 9: 10: 11: Section 11 repealed 21 December 1992 42 Public Finance Amendment Act 1992 12: Commission to have regard to economic policies of Government This section amended section 26(1) 13: 14: 15: 16: Section 16 repealed 1 January 1995 42(2) Layout Designs Act 1994 17: Section 46 repealed This section repealed section 46 18: 19: 20: 21: 22: Section 63 repealed This section repealed section 63 23: New sections substituted This section substituted sections 66 69 sections 69A 69B 24: 25: 26: 27: 28: 29: 30: 31: 32: 33: 34: 35: 36: 37: 38: Delegation by Commission This section amended section 105(1) 39: 40: 41: 42: 43: Transitional provisions repealed 1: This subsection repealed sections 112 to 115 2: The repeal of sections 112 to 115 subsection (1) 44: Schedule 1 repealed This section repealed Schedule 1 45: Human Rights Commission Act 1977 amended This section substituted section 69(3) and (4) Human Rights Commission Act 1977 (1977 No 49) 46: Consequential amendment to Broadcasting Act 1989 This section repealed section 83 Broadcasting Act 1989 47: Amendment to Radiocommunications Act 1989 This section substituted subsection 138(1) Radiocommunications Act 1989 48: Transitional provisions in relation to mergers and takeovers 1: Notwithstanding the repeals and amendments effected by this Act,— a: The provisions of the principal Act that were in force immediately before the 1st day of January 1991 shall apply in relation to every notice given under section 66 67 b: Without limiting paragraph (a) section 66 67 paragraph (a) section 69 section 23 2: Nothing in section 27 47 section 18 a: The acquisition results from a proposal that was not a merger or takeover proposal under Part 3 Commerce Act 1986 section 47(2) b: The acquisition gives effect to a written agreement made before the commencement of this Act whether or not the parties to the acquisition and the agreement are the same persons. Subsection (2) inserted 1 August 1990 Commerce Amendment Act (No 2) 1990

DLM222611

1990

Broadcasting Amendment Act (No 2) 1990

1: Short Title This Act may be cited as the Broadcasting Amendment Act (No 2) 1990, and shall be read together with and deemed part of the Broadcasting Act 1989 2: 3: 4: 5: Section 5 repealed 7 May 1991 Broadcasting Amendment Act 1991 6: Section 6 repealed 1 July 1994 New Zealand Symphony Orchestra Amendment Act 1994 7: 8: 9: Section 9 repealed 1 July 1993 4(2) Broadcasting Amendment Act 1993 10: Repeal The Broadcasting Amendment Act 1990 11: Transitional provision in relation to actions taken before commencement of Act 1: Every action taken by the Authority before the commencement of this Act which would have been valid if Part 6 section 8 2: Notwithstanding anything in the principal Act or in subsection (1) a: Part 6 section 8 b: The Minister had been authorised by Part 6 section 8 i: To exercise the power conferred on the Authority by section 71 ii: To both receive replies given under section 71A is hereby declared to be and always to have been valid.

DLM214152

1990

Social Security Amendment Act (No 2) 1990

1: Short Title and commencement This Act may be cited as the Social Security Amendment Act (No 2) 1990, and shall be read together with and deemed part of the Social Security Act 1964 2: Except as provided in sections 11(5) 12(2) 14(3) 15(3) 16(3) 17(2) 19(2) 21(3) 22(2) 23(3) 2: Interpretation 1: This subsection substituted the definitions of benefit dependent child principal caregiver sole parent section 3(1) 2: The following enactments are hereby consequentially repealed: a: Section 2(1) (2) Social Security Amendment Act 1986 b: Section 14(1) Social Welfare (Transitional Provisions) Act 1990 3: Exercise of powers, etc., by Director-General 1: This subsection amended section 5(1) 2: Subsection (2) repealed 1 April 1991 3(2) Social Security Amendment Act 1991 4: 5: Sections 5 to 10 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 6: Sections 5 to 10 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 7: Sections 5 to 10 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 8: Sections 5 to 10 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 9: Sections 5 to 10 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 10: Sections 5 to 10 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 11: New sections inserted 1: This subsection substituted sections 28 29 29A 2: The following enactments are hereby consequentially repealed: a: Section 7 Social Security Amendment Act 1986 b: Section 11 of the Social Security Amendment Act (No 2) 1988 c: Section 2 of the Social Security Amendment Act 1989 d: This paragraph repealed s 37(3) Social Welfare (Transitional Provisions) Act 1990 3: Where an orphan's benefit was payable in respect of a child immediately before the commencement of this section, a review under section 81 4: Notwithstanding anything in section 28 subsection (1) subsection (3) 5: This section shall come into force on the 1st day of October 1990. 12: 13: Section 13 repealed 1 April 1991 7(2)(i) Social Security Amendment Act 1991 14: Unemployment benefits 1: This subsection amended section 58(1) 2: Nothing in subsection (1) 3: This section shall come into force on the 1st day of December 1990. 15: 16: Section 16 repealed 1 March 1991 15(2) Social Security Amendment Act 1991 17: 18: Section 18 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 19: Section 19 repealed 1 March 1991 32(2)(b) Social Security Amendment Act 1991 20: Section 20 repealed 1 July 1993 24(2) Health Reforms (Transitional Provisions) Act 1993 21: Section 21 repealed 1 April 1997 Social Security Amendment Act 1996 22: Sections 22 to 23 repealed 1 July 1996 Social Security Amendment Act 1996 23: Sections 22 to 23 repealed 1 July 1996 Social Security Amendment Act 1996

DLM222295

1990

Ministry of Transport Act Repeal Act 1990

1: Short Title and commencement 1: This Act may be cited as the Ministry of Transport Act Repeal Act 1990. 2: This Act shall come into force on 1 September 1990. 2: Transport Advisory Council abolished The Transport Advisory Council established by section 10 of the Ministry of Transport Act 1968 3: Amendments to Transport Act 1962 Section 3 repealed 29 July 1995 section 13(d) Transport Amendment Act 1995 4: Amendment to Ombudsmen Act 1975 The Ombudsmen Act 1975 Part 2 The Road Traffic Safety Research Council 5: Repeals, revocation, amendments, and savings 1: The Ministry of Transport Act 1968 2: The following enactments are hereby consequentially repealed: a: the Ministry of Transport Amendment Act 1972 b: the Ministry of Transport Amendment Act 1973 c: the Ministry of Transport Amendment Act 1975 d: the Ministry of Transport Amendment Act 1979 e: sections 51 and 52 of the Urban Transport Act 1980 f: the Ministry of Transport Amendment Act 1983 g: section 15(3) h: the Ministry of Transport Amendment Act 1988 i: section 43 j: section 3 of the Harbours Amendment Act (No 3) 1988 k: so much of Schedule 4 Ministry of Transport Act 1968 3: The Transport Advisory Council Regulations 1969 4: The enactments specified in the Schedule 5: Except as provided in subsection (4), nothing in subsection (1) or subsection (2) shall affect any amendment made by section 16(1) of the Ministry of Transport Act 1968 section 6(1) of the Ministry of Transport Amendment Act 1972 section 6(1) of the Ministry of Transport Amendment Act 1973

DLM225533

1990

Finance Act (No 3) 1990

1: Short Title and commencement 1: This Act may be cited as the Finance Act (No 3) 1990. 2: Except as provided in section 8(6) 2: Act binds the Crown This Act binds the Crown. Confirmation and validation of subordinate legislation Heading repealed 16 October 2001 section 165(4) Dairy Industry Restructuring Act 2001 3: Regulations under Primary Products Marketing Act 1953 Section 3 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 4: Order under War Pensions Act 1954 Section 4 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 5: Order under Social Security Act 1964 Section 5 repealed 5 March 1991 Social Security (Miscellaneous Rates) Order Confirmation Act 1991 6: Orders under Customs Act 1966 Section 6 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 7: Orders under Tariff Act 1988 Section 7 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 8: Protection of dairy factory supply in certain cases Section 8 repealed 16 October 2001 section 165(4) Dairy Industry Restructuring Act 2001 9: Repeals and savings Section 9 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 Other provisions Heading repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 10: Transport infringement notices Section 10 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991 11: Validity of consents of officers of Customs in relation to entry of certain goods Section 11 repealed 20 December 1991 Subordinate Legislation (Confirmation and Validation) Act 1991

DLM211860

1990

Local Authority Reorganisation (Property Transfers) Act 1990

1: Short Title This Act may be cited as the Local Authority Reorganisation (Property Transfers) Act 1990. 2: Interpretation 1: In this Act, unless the context otherwise requires,— holder liable property a: transferred in the transaction (whether or not it has again been transferred); or b: bought with, or acquired in full or part exchange for, property that is liable property in relation to the transaction liable transaction section 36 property a: a lease, licence, or permit; and b: a right to obtain a lease, licence, or permit; and c: an exemption from a requirement to have or obtain any lease, licence, or permit; and d: a right to obtain an exemption from a requirement to have or obtain any lease, licence, or permit recipient transfer to transfer transferor 2: In this Act, terms defined in the Local Government Act 1974 3: Act binds the Crown This Act binds the Crown. 4: Commission may investigate transactions 1: The Commission may, of its own motion or at the request of— a: the Minister; or b: a local authority that the Commission thinks would have acquired the property concerned if the transaction had not proceeded,— investigate any liable transaction. 2: The Commission may refuse to investigate a liable transaction; and may at any time discontinue any investigation it has begun. 3: As soon as is practicable after refusing to investigate, or discontinuing an investigation of, a liable transaction whose investigation has been requested under subsection (1), the Commission shall give the Minister or (as the case requires) the local authority requesting the investigation written notice of its reasons for doing so. 4: Subject to section 5 5: Commission to give opportunity to consult 1: When investigating a liable transaction, the Commission shall ensure that— a: the transferor (if it is still in existence); and b: any person who was a member of the transferor at any time during the period commencing on 14 November 1988 and ending with 31 October 1989; and c: any local authority that the Commission thinks is or may be affected by the transaction or any proposed rectification of the transaction; and d: the recipients; and e: any other holders of any of the liable property,— have a reasonable opportunity to meet the Commission, and to make oral or written submissions to the Commission, about the transaction and the extent (if any) to which it should be rectified. 2: The failure of any person to— a: take an opportunity under subsection (1); or b: comply with any request of the Commission,— shall not affect the Commission's ability to act under this Act. 6: Matters to which Commission is to have regard In investigating a liable transaction, the Commission shall have regard to— a: the purpose for which it purported to have been arrived at or entered into; and b: its effect, in relation to the policies of the Government and the Commission underlying local government reform; and c: the manner in which it was effected; and d: the effect of the transfer on the allocation of the property concerned, pursuant to a final reorganisation scheme, to any local authority specified in the scheme; and e: the desirability of ensuring that a local authority inheriting liabilities and duties from another should also inherit property from the other; and f: the need to deal justly and equitably with persons who have acquired liable property for value; and g: the need to deal justly and equitably with persons who have acquired in good faith liable property in the form of money, and spent it without acquiring property in exchange; and h: any other matters the Commission thinks relevant. 7: Commission may recommend rectification 1: After completing any investigation, the Commission shall decide whether or not to rectify the liable transaction concerned. 2: The Commission shall rectify a liable transaction by— a: giving the Minister— i: written specific determinations as to the disposition and administration of all liable property concerned; and ii: written reasons for those determinations; and b: if a local authority requested the Commission to investigate the transaction, giving a copy of the determinations and reasons to it; and c: if the transferor is still in existence, giving a copy of the determinations and reasons to it. 3: A determination may specify— a: leaving any property as it is: b: vesting any property in a local authority: c: vesting any property in any other person: d: continuing in effect (whether unchanged or with modifications) any arrangement,— i: whether a trust, a contract, or any other arrangement; and ii: whether or not there is any doubt or dispute as to the status of the recipient or any other holder of the property, the status of the property, or the validity of the transaction by which the arrangement was arrived at or entered into. 4: Subsection (3) does not limit the generality of subsection (2). 5: If the Commission decides not to rectify a liable transaction, it shall— a: give the Minister written reasons for the decision; and b: if a local authority requested the Commission to investigate the transaction, give a copy of the reasons to it; and c: if the transferor is still in existence, give a copy of the reasons to it. 8: Implementation of rectification 1: Determinations under section 7(2) 2: Every Order in Council shall have effect according to its tenor. 3: No Order in Council is invalid on the ground that— a: it requires the holder of any property to transfer it to any other person; or b: it requires the holder of any property to hold it subject to any trusts specified in the order; or c: it frees any property of any trust to which it was or purported to be subject; or d: it requires any person to take any action that is in breach of any contract; or e: it continues in effect (whether unchanged or with modifications) any arrangement that was unlawfully arrived at or entered into; or f: it requires any public official to take or refrain from taking any action. 4: Subject to section 9 9: Protection of holders of property acting in good faith 1: Subject to subsection (2), a person who has at any time been the holder of any liable property shall not be criminally or civilly liable for any action taken in respect of the property before there is made under section 8 a: was taken in good faith; and b: was not— i: an action taken, after 14 December 1989 and without the Minister's written consent, by a holder purporting to hold the property in trust; or ii: the commencement or continuation (otherwise than by way of adjournment or discontinuance) after 14 December 1989 of any proceedings for or for the purpose of determining the status of the recipient or any other holder of the property, the status of the property, or the validity of the transaction by which the property was transferred; or iii: a transfer of the property after 14 December 1989. 2: Nothing in subsection (1) protects or exempts any person from criminal or civil liability— a: for a negligent action taken in respect of any property; or b: arising out of a failure to comply with an Order in Council under section 8 10: Commission may immediately recommend rectification of certain transactions 1: The Commission may at any time rectify any transfer or purported transfer of property by the former Auckland Harbour Board during December 1988 to people holding or purporting to hold it as trustees; and, in relation to the rectification of any such transaction,— a: the investigations the Commission has already undertaken before the commencement of this Act shall be deemed to have been undertaken under section 4(1) b: the Commission's decision to undertake those investigations is hereby declared to have been lawful, justified, and proper; and c: the manner in which the Commission undertook those investigations is hereby declared to have been lawful, justified, proper, and sufficient; and d: the consultations undertaken by the Commission in relation to those investigations are hereby declared to have been a sufficient compliance with section 5 e: this Act shall have effect as if, in undertaking those investigations, the Commission had full and proper regard to the matters specified in paragraphs (a) to (h) of section 6 2: Nothing in subsection (1) limits or affects the generality of section 4(4)

DLM210934

1990

Evidence Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Evidence Amendment Act 1990 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 July 1990. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 2: Interpretation In this Act, unless the context otherwise requires,— Australian Act a: An Act of the Commonwealth of Australia: b: An Act of a State of the Commonwealth of Australia: c: An Act or an Ordinance of a Territory of the Commonwealth of Australia: Australian regulation This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 2 substituted 1 April 1995 Evidence Amendment Act 1995 See clause 2 Evidence Amendment Act Commencement Order 1995 3: Application Section 3 repealed 1 April 1995 Evidence Amendment Act 1995 See clause 2 Evidence Amendment Act Commencement Order 1995 4: Judicial notice of Australian Acts and regulations Judicial notice shall be taken of Australian Acts and Australian regulations. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 5: Facsimiles Subject to any rules made under the authority of any other Act a: A facsimile of a document or thing that is admissible in evidence under this Act is admissible evidence of that document or thing: b: Judicial notice shall be taken of a facsimile of a document or thing of which judicial notice is required to be taken under this Act. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 5 amended 1 April 1995 Evidence Amendment Act 1995 by substituting rules made under the authority of any other Act Rules of Court made under section 51C of the Judicature Act 1908 See clause 2 Evidence Amendment Act Commencement Order 1995 6: Judicial notice of certain signatures, seals, and stamps Judicial notice shall be taken of— a: The impression of the seal or stamp of an Australian Court; and b: The signature of a Judge, a Master, a Judicial Registrar, a Magistrate, a Registrar, a District Registrar, a Deputy Registrar or a Deputy District Registrar of an Australian Court; or c: The official signature or seal of a person who holds, or has held, office in Australia pursuant to or under an Australian Act; or d: The impression of the official seal or stamp of a person referred to in paragraph (b) or paragraph (c) of this section; and e: If judicial notice is taken of a signature or the impression of a stamp or seal under paragraph (b) or paragraph (c) or paragraph (d) of this section, the fact that a person referred to in paragraph (b) or paragraph (c) holds, or had held, the office concerned— if the signature or the impression appears on an official or judicial document. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 6 substituted 1 April 1995 Evidence Amendment Act 1995 See clause 2 Evidence Amendment Act Commencement Order 1995 7: Copies of Australian Acts and regulations to be evidence Every copy of an Australian Act and every copy of any Australian regulations appearing to have been printed or published, whether before or after the commencement of this section, by the Government Printer of the Government of the Commonwealth of Australia or of the Government of a State or Territory a: To be a correct copy of the Australian Act or Australian regulations; and b: To have been so printed and published. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 7 amended 1 April 1995 Evidence Amendment Act 1995 by inserting or Territory See clause 2 Evidence Amendment Act Commencement Order 1995 8: Evidence of official Australian documents 1: In this section official Australian document 2: Prima facie evidence of the making or issue of an official Australian document may be given by producing— a: An original of the document; or b: A copy of an Australian Government Gazette Gazette c: A copy of the document that appears to have been printed by the Government Printer of the Government of the Commonwealth of Australia or of the Government of a State or Territory d: A written copy of, or extract from, the document that appears to have been certified by the person who made or issued the document or by a person who appears to have power to issue or make the document. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (2)(b) substituted 1 April 1995 Evidence Amendment Act 1995 See clause 2 Evidence Amendment Act Commencement Order 1995 Subsection (2)(c) amended 1 April 1995 Evidence Amendment Act 1995 by inserting or Territory See clause 2 Evidence Amendment Act Commencement Order 1995 9: Evidence of public documents by reference to Australian law 1: In this section public document 2: Without limiting subsection (4) of this section, a public document that is admissible in evidence under an Australian Act is admissible in evidence to the same extent and for the same purpose if it appears to be sealed, stamped, signed, signed and sealed, or signed and stamped in accordance with that Act. 3: A certified copy of, or a certified extract from, a public document that is admissible in evidence pursuant to subsection (2) of this section is also admissible in evidence. 4: A public document that is admissible in evidence under Australian law, to any extent or for any purpose, without proof of— a: The seal, stamp, or signature that authenticates it; or b: The judicial or official character of the person who appears to have signed it— is admissible in evidence to the same extent and for the same purpose without such proof. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 10: Evidence of other public documents A copy of, or extract from, an Australian document that is, by reason of its public nature, admissible in evidence in Australia merely on its production from the proper custody, is admissible in evidence if— a: The copy or extract is proved to be an examined copy or extract; or b: The copy or extract appears to be signed or certified as a true copy or extract by the person who has custody of the document and that person also certifies that he or she has custody of it. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 10A: Evidence of certain Acts under Australian law If, under an Australian Act or an Australian regulation, the Governor-General of Australia or a Minister of the Commonwealth of Australia, or the Governor, Administrator, or a Minister of a State or a Territory of Australia, as the case may be, is authorised or empowered to do, exercise, or perform any act, power, function, or duty, production of an Australian Government Gazette Gazette This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 10A inserted 1 April 1995 Evidence Amendment Act 1995 See clause 2 Evidence Amendment Act Commencement Order 1995 11: New section substituted This section substituted s 41 This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 12: Other laws not affected Nothing in this Act limits or affects the provisions of any other Act or a rule of law relating to the admissibility of evidence or the taking of judicial notice of a matter or thing. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007

DLM227364

1990

Transport Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Transport Amendment Act 1990, and shall be read together with and deemed part of the Transport Act 1962 2: This Act shall come into force on the date on which it receives the Royal assent. 2: Interpretation Section 57A section 7 of the Transport Amendment Act (No 2) 1988 5: No notice given by the Minister in the Gazette subsection (1) of this section a: Defines an approved breath screening device or an approved evidential breath-testing device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination thereof, as may be specified in the notice: b: Provides for a breath screening test or an evidential breath test, or any part of any such test, to be carried out in accordance with instructions displayed or printed on or by the device. 6: In the absence of evidence to the contrary, a breath screening device or an evidential breath-testing device is deemed to bear or be associated with a particular trade name or number or other expression if that name or number or other expression— a: Appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or b: Is printed out by the device on a card or on paper; or c: Appears on any printed matter that accompanies the device and is issued by or on behalf of the manufacturer of the device. 3: Transport (Breath Tests) Notice (No 2) 1989 For the avoidance of doubt, but subject to section 4 a: The Transport (Breath Tests) Notice (No 2) 1989 b: The publication that purported to be the Transport (Breath Tests) Notice (No 2) 1989 4: Savings 1: Nothing in this Act affects any order or determination made by any Court before the date on which this Act comes into force. 2: Where any proceedings in respect of an offence committed before the date on which this Act comes into force— a: Were commenced but not finally determined before that date; or b: Are commenced on or after that date,— those proceedings shall be dealt with and finally determined as if this Act had not been passed.

DLM207911

1990

Conservation Law Reform Act 1990

1: Short Title and commencement 1: This Act may be cited as the Conservation Law Reform Act 1990. 2: Except as provided in subsection (3) of this section 3: Sections 6A 6L section 5 sections 26B 26P section 17 sections 36 38 41 42 74 112 114 1: Amendments to Conservation Act 1987 2: Part to be read with Conservation Act 1987 This Part of this Act shall be read together with and deemed part of the Conservation Act 1987 3: Interpretation 1: Section 2(1) foreshore marginal strip taking amend aquatic life bed a: in relation to any river, the space of land which the waters of the river cover at its fullest flow without overtopping the banks; and b: in relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin: Conservation Board Board section 6L of this Act conservation management plan section 14E of the Wildlife Act 1953 section 8 of the Marine Reserves Act 1971 section 40B of the Reserves Act 1977 section 3D of the Marine Mammals Protection Act 1978 section 48 of the National Parks Act 1980 section 17G of this Act conservation management strategy section 17F of this Act District Anglers Notice Gazette section 26R of this Act Fish and Game Council section 26P of this Act fishery Fishery Officer section 76 of the Fisheries Act 1983 fishing a: means the catching, taking, or harvesting of freshwater fish; and b: includes— i: any other activity that may reasonably be expected to result in the catching, taking, or harvesting of freshwater fish: ii: any attempt to catch, take, or harvest freshwater fish: iii: any operation in support of, or in preparation for, any activity described in this definition: foreshore freshwater a: all waters of rivers, streams, lakes, ponds, lagoons, wetlands, impoundments, canals, channels, watercourses, or other bodies of water whether naturally occurring or artificially made: b: all waters of estuaries or coastal lagoons: c: all other fresh or estuarine waters where freshwater fish indigenous to or introduced into New Zealand are found: d: all waters in the mouth of every river or stream, and the mouth of every river and stream shall be deemed to include every outlet thereof and the seashore between those outlets and the waters of the sea or lying within a distance of 500 metres from any place where at low tide the waters of a river or stream meet the waters of the sea: freshwater fish freshwater fisheries management plan section 17K of this Act game Wildlife Act 1953 indigenous fish lake marginal strip section 24 or section 24E(3) or section 24G of this Act section 24C of this Act nature conservation New Zealand Conservation Authority Conservation Authority Authority section 6A of this Act New Zealand Fish and Game Council section 26B of this Act operational work plan section 26Q(3) of this Act review objective sale sell sold sports fish sports fish and game management plan section 17M of this Act taking a: in relation to any plant, includes the breaking, cutting, destroying, digging up, gathering, plucking, pulling up, and removing, of the plant; and to take b: in relation to any fish, means fishing; and takes to take Taupo Fishery section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 walkway section 2 2: Section 2 3: For the purposes of this Act, the Governor-General may from time to time, by Order in Council, declare any species to be included in or excluded from the definitions of the terms aquatic life freshwater fish sports fish subsection (1) of this section 3: Every reference to an acclimatisation society in any other enactment passed or in any regulations or Order in Council made, before the commencement of this Act, shall be read as a reference to a Fish and Game Council within the meaning of the principal Act. 4: Every reference to the district of any acclimatisation society in any other enactment passed, or in any regulations or Order in Council made, before the commencement of this Act, shall be read as a reference to the area within the jurisdiction of the local Fish and Game Council. 4: Functions of Departments Section 6 paragraph (a) ab: to preserve so far as is practicable all indigenous freshwater fisheries, and protect recreational freshwater fisheries and freshwater fish habitats: . 5: New Parts 2A and 2B inserted into principal Act The principal Act is hereby amended by inserting, after Part 2 2A: New Zealand Conservation Authority and conservation boards New Zealand Conservation Authority 6A: New Zealand Conservation Authority established There is hereby established an authority to be called the New Zealand Conservation Authority. 6B: Functions of Authority 1: The functions of the Authority shall be— a: to advise the Minister on statements of general policy prepared under the Wildlife Act 1953 Marine Reserves Act 1971 Reserves Act 1977 Wild Animal Control Act 1977 Marine Mammals Protection Act 1978 New Zealand Walkways Act 1990 b: to approve conservation management strategies and conservation management plans, and review and amend such strategies and plans, as required under the Wildlife Act 1953 Marine Reserves Act 1971 Reserves Act 1977 Wild Animal Control Act 1977 Marine Mammals Protection Act 1978 National Parks Act 1980 New Zealand Walkways Act 1990 c: to review and report to the Minister or the Director-General on the effectiveness of the Department's administration of general policies prepared under the Wildlife Act 1953 Marine Reserves Act 1971 Reserves Act 1977 Wild Animal Control Act 1977 Marine Mammals Protection Act 1978 New Zealand Walkways Act 1990 d: to investigate any nature conservation or other conservation matters the Authority considers are of national importance, and to advise the Minister or the Director-General, as appropriate, on such matters: e: to consider and make proposals for the change of status or classification of areas of national and international importance: f: to advise the Minister or the Director-General, as appropriate, on any matter relating to or affecting walkways: g: to encourage and participate in educational and publicity activities for the purposes of bringing about a better understanding of nature conservation in New Zealand: h: to advise the Minister and the Director-General annually on priorities for the expenditure of money: i: to liaise with the New Zealand Fish and Game Council: j: to exercise such powers and functions as may be delegated to it by the Minister under this Act or any other Act. 2: The Authority shall have such other functions as are conferred on it by or under this Act or any other Act. 1980 No 66 s 18 6C: Powers of Authority 1: The Authority shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions. 2: Without limiting the generality of subsection (1) of this section a: establish committees of members and other suitable persons, and delegate to them any of its powers and functions: b: release for public information, in such form as it thinks fit, any recommendation, report, or advice made or given by the Authority to the Minister or the Director-General: c: advocate the interests of the Authority at any public forum or in any statutory planning process. 3: In exercising powers other than advocacy or investigative powers, the Authority shall have regard to any views expressed in writing by the Minister and addressed to the Authority. 4: Notwithstanding subsection (2)(b) of this section 5: The power conferred by subsection (2)(c) of this section 6D: Membership 1: The members of the Authority shall be appointed by the Minister having regard to the interests of conservation, natural earth and marine sciences, and recreation, and the Authority shall consist of— a: two persons appointed after consultation with the Minister of Maori Affairs: b: two persons appointed after consultation with the Minister of Tourism: c: one person appointed after consultation with the Minister of Local Government: d: one person appointed on the recommendation of the Royal Society of New Zealand: e: one person appointed on the recommendation of the Royal Forest and Bird Protection Society of New Zealand Incorporated: f: one person appointed on the recommendation of the Federated Mountain Clubs of New Zealand Incorporated: g: four persons appointed following public notice given in accordance with subsection (2) of this section 2: Every notice required by subsection (1)(g) of this section a: state the number of appointments intended to be made to the Authority: b: call for nominations for membership of the Authority to be sent to the Minister: c: state a date, being not less than 28 days after the date of the first publication of the notice, after which the Minister may decline to accept such nominations: d: be published at least twice in a daily newspaper circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin, and in such other newspapers and publications as the Minister may direct. 3: Every appointment of a member of the Authority shall be made by notice published in the Gazette 4: No person employed by the Department shall be eligible for appointment as a member of the Authority. 1980 No 66 s 17 6E: Annual report 1: The Authority shall in each year make a report to the Minister on the exercise of its powers and functions. 2: A copy of the annual report shall be laid by the Minister before the House of Representatives as soon as practicable after it has been received by that Minister. 1980 No 66 s 21 6F: Term of office of members of Authority 1: Subject to subsections (2) to (5) of this section 2: Any member of the Authority may at any time be removed from office by the Minister for bankruptcy, disability, neglect of duty, or misconduct. 3: Any member of the Authority may at any time resign his or her office by writing addressed to the Minister. 4: If any member of the Authority 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, and the person so appointed shall be appointed for the residue of the term for which the vacating member was appointed. 5: Unless a member sooner dies, resigns, or is removed from office, every member of the Authority shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired. 1980 No 66 s 22 6G: Chairperson of Authority 1: The Minister shall, by the notice appointing the members of the Authority or by a subsequent notice published in the Gazette 2: The Chairperson shall preside at all meetings of the Authority at which he or she is present. 3: If the Chairperson is absent from any meeting of the Authority, the members present shall appoint one of their number to be the Chairperson of that meeting. 1980 No 66 s 23 6H: Meetings of Authority 1: Meetings of the Authority shall be held at such times and places as the Authority or the Chairperson from time to time appoints. 2: A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing. 3: At any meeting of the Authority, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present. 4: Every question before any meeting of the Authority shall be determined by a majority of the members present and voting on the question, and proper minutes shall be kept of proceedings. 5: At any meeting of the Authority, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote. 6: The powers of the Authority shall not be affected by any vacancy in its membership, nor shall the proceedings of the Authority be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 7: Subject to the provisions of this Act, the Authority may regulate its procedure in such manner as it thinks fit. 1980 No 66 s 24 6I: Director-General entitled to attend meetings of Authority Notice in writing of every meeting of the Authority and of the business proposed to be transacted at that meeting shall be given to the Director-General, and the Director-General or the Director-General's nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question. 1980 No 66 s 25 6J: Servicing of Authority The Authority shall be serviced by the Department in such manner as the Minister may from time to time direct. 1980 No 66 s 26 6K: Fees and travelling expenses of members of Authority 1: The Authority 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 members of the Authority, out of money appropriated by Parliament for the purpose, remuneration by way of fees, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 1980 No 66 s 27 Conservation boards 6L: Conservation Boards established 1: The Minister shall, by notice in the Gazette 2: The Minister shall give each Conservation Board a distinctive name corresponding to the general area in respect of which it is to have jurisdiction. 3: The area under the jurisdiction of each Conservation Board shall be as determined from time to time by the Minister. 1980 No 66 s 29 6M: Functions of Boards 1: The functions of each Board shall be— a: to recommend the approval by the Conservation Authority of conservation management strategies, and the review and amendment of such strategies, under the relevant enactments: b: to approve conservation management plans, and the review and amendment of such plans, under the relevant enactments: c: to advise the Conservation Authority and the Director-General on the implementation of conservation management strategies and conservation management plans for areas within the jurisdiction of the Board: d: to advise the Conservation Authority or the Director-General— i: on any proposed change of status or classification of any area of national or international importance; and ii: on any other conservation matter relating to any area within the jurisdiction of the Board: e: to advise the Conservation Authority and the Director-General on proposals for new walkways in any area within the jurisdiction of the Board: f: to liaise with any Fish and Game Council on matters within the jurisdiction of the Board: g: to exercise such powers and functions as may be delegated to it by the Minister under this Act or any other Act. 2: Every Board shall have such other functions as are conferred on it by or under this Act or any other Act. 1980 No 66 s 30 6N: Powers of Boards 1: Every Board shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions. 2: Without limiting the generality of subsection (1) of this section a: advocate its interests at any public forum or in any statutory planning process; and b: appoint committees of members and other suitable persons, and delegate to them functions and powers. 3: The power conferred by subsection (2)(a) of this section 6O: Annual report As soon as practicable after the 30th day of June in every year, every Board shall furnish the Conservation Authority with a report of its operations for the period of 12 months that ended on that day. 6P: Membership of Conservation Boards 1: Every Board shall consist of not more than 12 members. 2: Except as provided in subsections (5), (6), and (7) of this section subsection (4) of this section a: the particular features of land administered by the Department in the area of the Board's jurisdiction; and b: the interests of nature conservation, natural earth and marine sciences, recreation, tourism, and the local community including the tangata whenua of the area. 3: Before making any appointment representing the interests of the tangata whenua of an area, the Minister shall consult with the Minister of Maori Affairs about those interests. 4: Every notice required by subsection (2) of this section a: state the number of appointments intended to be made to the Board: b: call for nominations for membership of the Board to be sent to the Minister: c: state a date, being not less than 28 days after the date of the first publication of the notice, after which the Minister may decline to accept such nominations: d: be published at least twice in a daily newspaper circulating in the area in which the Board will have jurisdiction, and in such other newspapers and publications as the Minister may direct. 5: The Board whose area of jurisdiction includes the Tongariro National Park shall consist of— a: not more than eleven persons appointed under subsection (2) of this section b: the paramount chief for the time being of the Ngati Tuwharetoa Tribe of the Maori race, if that chief is a lineal descendant of Te Heuheu Tukino, the donor on behalf of his associated Chiefs of the Tribe of certain Maori land included in the area of the park, or, if the paramount chief for the time being of that tribe is not a lineal descendant of Te Heuheu Tukino, a lineal descendant of Te Heuheu Tukino appointed by the Minister. 6: The Board whose area of jurisdiction includes the Egmont National Park shall consist of— a: not more than eleven persons appointed under subsection (2) of this section b: one person to be appointed by the Minister on the recommendation of the Taranaki Maori Trust Board. 7: The Board whose area of jurisdiction includes the Whanganui National Park shall consist of— a: not more than eleven persons appointed under subsection (2) of this section b: one person appointed by the Minister on the recommendation of the Whanganui River Maori Trust Board. 8: The appointment of any person by the Minister to be a member of a Board shall be made by notice published in the Gazette 9: No person employed by the Department under the State Sector Act 1988 1980 No 66 s 32 6Q: Co-opted members 1: Any Board may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Board. 2: A co-opted member of a Board shall be entitled to attend and speak at any meeting of that Board, but shall not be entitled to vote on any question. 6R: Term of office of members of Boards 1: Subject to subsections (2) to (5) of this section 2: Any member of a Board may at any time be removed from office by the Minister for bankruptcy, disability, neglect of duty, or misconduct. 3: Any member of a Board may at any time resign his or her office by writing addressed to the Minister. 4: If any member of a Board 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, and the person so appointed shall be appointed for the residue of the term for which the vacating member was appointed. 5: Unless a member sooner dies, resigns, or is removed from office, every member of a Board shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired. 1980 No 66 s 33 6S: Chairpersons of Boards 1: The Minister shall, by the notice appointing the members of a Board, appoint one of its members to be the Chairperson of the Board for a term of one year, and thereafter the members shall from time to time elect one of their number to be the Chairperson for such period as they think fit. 2: The Chairperson shall preside at all meetings of the Board at which he or she is present. 3: If the Chairperson is absent from any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting. 1980 No 66 s 34 6T: Meetings of Boards 1: The first meeting of each Board shall be held at a time and place to be appointed by the Minister, and subsequent meetings shall be held at such times and places as the Board or the Chairperson from time to time appoints. 2: A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing. 3: At any meeting of a Board, a majority of the members in office shall form a quorum and no business shall be transacted at any meeting unless such a quorum is present. 4: Every question before any meeting of a Board shall be determined by a majority of the members present and voting on the question. 5: At any meeting of a Board, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote. 6: The powers of a Board shall not be affected by any vacancy in its membership, nor shall the proceedings of a Board be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 7: Subject to the provisions of this Act, each Board may regulate its procedure in such manner as it thinks fit. 1980 No 66 s 35 6U: Director-General entitled to attend meetings of Boards Notice in writing of every meeting of a Board and of the business proposed to be transacted at that meeting shall be given to the Director-General, and the Director-General or the Director-General's nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question. 1980 No 66 s 36 1987 No 65 s 65(1) 6V: Servicing of Boards The Boards shall be serviced by the Department in such manner as the Minister may from time to time direct. 1980 No 66 s 37 6W: Fees and travelling expenses of members of Boards 1: Every Board 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 members of every Board, out of money appropriated by Parliament, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 1980 No 66 s 38 2B: Guardians of lakes Manapouri, Monowai, and Te Anau 6X: Guardians of Lakes Manapouri, Monowai, and Te Anau 1: The Minister may, on such terms and conditions as the Minister may from time to time specify, appoint suitable persons to be the Guardians of Lakes Manapouri, Monowai, and Te Anau. 2: The functions of the Guardians shall be— a: to make recommendations to the Minister on any matters arising from the environmental, ecological, and social effects of the operation of the Manapouri-Te Anau hydro electric power scheme on the townships of Manapouri and Te Anau, Lakes Manapouri and Te Anau and their shorelines, and on the rivers flowing in and out of those lakes, having particular regard to the effects of the operation on social values, conservation, recreation, tourism, and related activities and amenities: b: to make recommendations to the Minister on any matters arising from the environmental, ecological, and social effects of the operation of the Monowai Power Scheme on Lake Monowai, its shoreline, and on the rivers flowing in and out of Lake Monowai, having particular regard to the effects of the operation on social values, conservation, recreation, tourism, and related activities and amenities: c: to make to the Minister, and to the Minister responsible for the administration of the Manapouri-Te Anau Development Act 1963 section 4A of that Act 3: The Guardians shall in each year make a report to the Minister on their meetings and recommendations. 4: Except as otherwise expressly provided, every reference in any other Act to the Guardians of Lakes Manapouri and Te Anau shall be read as a reference to the Guardians appointed under subsection (1) of this section 6: Conservation area may become reserve, national park, etc. 1: Section 8 subsection (1) 1A: The Minister may from time to time, by notice in the Gazette Reserves Act 1977 2: Section 8 3: Upon the revocation of any notice given under subsection (1A) of this section 7: Conservation areas may be closed 1: Section 13(1) paragraph (a) a: if requested to do so under section 24H(7) of this Act 2: Section 13(1)(b) that has no management plan for which there is no conservation management strategy or conservation management plan 8: Conditions on issuing of leases and licences, and disposal of conservation areas Section 8 repealed 1 July 1996 section 7(5)(b) Conservation Amendment Act 1996 9: Creation of easements Section 9 repealed 1 July 1996 section 7(5)(b) Conservation Amendment Act 1996 10: Disposal of conservation areas Section 16 subsection (1) 1: Notwithstanding anything in the State-Owned Enterprises Act 1986 Public Works Act 1981 11: Exchanges of stewardship areas The principal Act section 16 16A: 1: Subject to subsections (2) and (3) of this section Gazette 2: The Minister shall not authorise any such exchange unless the Minister is satisfied, after consultation with the local Conservation Board, that the exchange will enhance the conservation values of land managed by the Department and promote the purposes of this Act. 3: All land acquired by the Crown under this section shall be held for such conservation purposes as the Minister may specify in respect of that land by notice in the Gazette 4: The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the acquisition of land under this Act or the Reserves Act 1977 National Parks Act 1980 5: The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section. 6: Upon the transfer of any stewardship area or any part of any stewardship area under this section, that land shall cease to be subject to this Act. 7: Nothing in section 26 or section 49 of this Act 8: District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section. 12: Access and use of conservation areas Section 12 repealed 1 July 1996 section 3(2)(b) Conservation Amendment Act 1996 13: New Part 3A inserted into principal Act 1: The principal Act is hereby amended by inserting, after Part 3 3A: Management planning 17A: Conservation areas to be managed by Department Subject to this Act, the Department shall administer and manage all conservation areas and natural and historic resources in accordance with— a: statements of general policy approved under section 17B or section 17C of this Act b: conservation management strategies, conservation management plans, and freshwater fisheries management plans. 17B: General policy 1: The Minister may approve statements of general policy for the implementation of this Act, and for any conservation area or areas, or conservation areas of any class or description; and may from time to time amend or revoke any such statement in the light of changing circumstances or increased knowledge. 2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act. 3: The following provisions shall apply to the preparation and approval of such statements: a: the Director-General may prepare draft statements of general policy, after consultation with— i: the New Zealand Fish and Game Council, in the case of sports fish and game policy; or ii: the Conservation Authority, in any other case: b: the Director-General shall give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of each proposed statement of policy, and every such notice shall— i: state that the draft is available for inspection at the places and times specified in the notice; and ii: call upon persons or organisations interested to lodge with the Director-General written submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice: c: the Director-General shall also give notice to the same effect to all regional councils constituted under the Local Government Act 1974 d: before revising any such draft, the Director-General shall ensure that— i: copies of the draft are held by the Department and are available for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the statement of policy; and ii: any proposed amendments are explained in a written statement available with the draft: e: the Director-General may give such further notice of any draft statement of policy as the Director-General thinks fit: f: any person or organisation may send to the Director-General written submissions on any such draft before the date specified in that behalf in the relevant notice, being a date not less than 40 working days after the date of publication of the notice: g: the Director-General shall give any person or organisation who or which, in making any submissions under paragraph (f) of this subsection h: the Director-General shall consult with such other persons or organisations, and in such manner, as the Director-General considers practicable and appropriate: i: the Director-General shall prepare a summary of the submissions received and public opinion made known on the draft: j: after considering the submissions and public opinion, the Director-General shall make such amendments to the draft as the Director-General considers appropriate and, subject to paragraph (k) of this subsection paragraph (i) of this subsection k: where a draft statement of policy relates to the management of sports fish and game, the Director-General— i: shall send the draft to the New Zealand Fish and Game Council for comment; and ii: shall send to the Minister, the draft, the summary prepared under paragraph (i) of this subsection l: the Conservation Authority— i: shall consider any draft and summary received from the Director-General under paragraph (j) of this subsection ii: may consult any Conservation Board about the draft; and iii: shall send to the Minister the draft, the summary, and its own comments on the draft: m: the Minister shall approve the draft or send it back to the Director-General for revision before approving it. 4: The Director-General may at any time prepare an amendment to any statement of general policy, and the following provisions shall apply in any such case: a: where the proposed amendment does not materially affect the objectives of the policy or the public interest, the Director-General shall send it to the Conservation Authority or the New Zealand Fish and Game Council, as the case may require, and it shall be dealt with under paragraphs (k) to (m) of subsection (3) of this section b: in any other case, the proposed amendment shall be dealt with under paragraphs (a) to (m) of subsection (3) of this section 5: All statements of general policy approved under this Act before the commencement of this section shall be deemed to have been approved under subsection (3)(m) of this section 17C: General policy under more than one Act 1: The Director-General may from time to time prepare and recommend for approval by the Minister a general statement of policy for any area or areas of land or water, or for any natural or historic resources, managed by the Department for the purposes of the Wildlife Act 1953 Marine Reserves Act 1971 Reserves Act 1977 Wild Animal Control Act 1977 Marine Mammals Protection Act 1978 New Zealand Walkways Act 1990 2: Where any part of any such statement of policy is subject to any of the Acts referred to in subsection (1) of this section 17D: Conservation management strategies 1: The purpose of a conservation management strategy is to implement general policies and establish objectives for the integrated management of natural and historic resources, including any species, managed by the Department under the Wildlife Act 1953 Marine Reserves Act 1971 Reserves Act 1977 Wild Animal Control Act 1977 Marine Mammals Protection Act 1978 National Parks Act 1980 New Zealand Walkways Act 1990 2: Within 5 years after the commencement of this section, such conservation management strategies as may be necessary to establish such objectives for all areas managed by the Department shall be prepared by the Director-General for approval by the Conservation Authority in accordance with section 17F of this Act 3: Subject to this Act, the Director-General shall determine the boundaries of a conservation management strategy. 4: Nothing in any conservation management strategy shall— a: derogate from any provision in this Act or any other Act; or b: derogate from any general policy approved under any of the Acts referred to in subsection (1) of this section c: affect any agreement or arrangement entered into under this Act or any other Act between the Minister and any land owner other than the Crown or between the Director-General and any such land owner. 5: A conservation management strategy may require the preparation of a conservation management plan under any Act specified in the First Schedule to this Act National Parks Act 1980 6: Any conservation management plan approved in respect of any conservation park or under the National Parks Act 1980 paragraphs (m) to (p) of section 17F of this Act 7: A conservation management strategy shall identify and describe all protected areas managed by the Department within the boundaries of the strategy. 8: When preparing a conservation management strategy, the Director-General shall have regard to existing management plans under this Act or any Act specified in the First Schedule to this Act 17E: Conservation management plans 1: The purpose of a conservation management plan is to implement conservation management strategies and establish detailed objectives for the integrated management of natural and historic resources within any area or areas referred to in subsection (4) of this section 2: The Director-General shall prepare conservation management plans as required by the provisions of any conservation management strategy. 3: Where an area is not subject to a conservation management strategy, the Minister may require the preparation of a conservation management plan for that area after consultation with the Boards affected; and the Director-General shall prepare such a plan if so required by the Minister. 4: Any conservation management plan may relate to any area or areas managed by the Department under the Wildlife Act 1953 Marine Reserves Act 1971 Reserves Act 1977 Marine Mammals Protection Act 1978 5: Nothing in any conservation management plan shall derogate from— a: any provision in this Act or any other Act; or b: any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or c: any provision in any regional management strategy. 6: All management plans approved under this Act before the commencement of this section shall be deemed to have been approved under section 17G of this Act 7: Every draft management plan that, immediately before the commencement of this Act, had been publicly notified by the Director-General but not approved by the Minister is hereby deemed to be a draft conservation management plan prepared under section 17G of this Act 8: Where it is proposed that a conservation management strategy be amended to provide for a conservation management plan, section 17I(4) of this Act 9: When preparing a conservation management plan, the Director-General shall have regard to existing freshwater fisheries management plans and sports fish and game management plans under this Act. 17F: Procedure for preparation and approval of conservation management strategies The following provisions shall apply to the preparation and approval of draft conservation management strategies: a: every draft shall be prepared by the Director-General in consultation with the Conservation Boards affected by it and such other persons or organisations, as the Director-General considers practicable and appropriate, and then notified in accordance with section 49(1) of this Act Local Government Act 1974 b: every notice under paragraph (a) of this section i: state that the draft strategy is available for inspection at the places and times specified in the notice; and ii: call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice: c: any person or organisation may make written submissions to the Director-General on the draft at the place and before the date specified in that behalf in the notice: d: the Director-General may, after consultation with the Conservation Boards affected, obtain public opinion of the draft by any other means from any person or organisation: e: from the date of public notification of a draft until public opinion of it has been made known to the Director-General, the draft shall be made available by the Director-General for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal: f: the Director-General shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before a meeting of representatives of the Director-General and the Conservation Boards affected: g: representatives of the Director-General and the Conservation Boards affected may hear submissions from any other person or organisations consulted on the draft: h: the Director-General shall prepare a summary of the submissions received on the draft and public opinion made known about it: i: after considering such submissions and public opinion, the Director-General shall revise the draft and shall, subject to paragraph (j) of this section paragraph (h) of this section j: the Director-General shall comply with paragraph (i) of this section i: the expiration of 8 months after the date of publication of the notice given under paragraph (a) of this section ii: such later date as may be fixed in that behalf by the Minister: k: on receipt of the draft and the summary, the Conservation Boards affected shall consider those documents and then— i: may request the Director-General to revise the draft; and ii: shall send the draft to the Authority for approval, together with a written statement of any matters of content on which the Director-General and the Boards are unable to agree and a copy of the summary prepared under paragraph (h) of this section l: the Conservation Boards affected shall send the draft received under paragraph (i) of this section i: the expiration of 6 months after the date of its referral to the Boards by the Director-General; or ii: such later date as may be fixed in that behalf by the Minister: m: the Conservation Authority shall consider the draft and all other information furnished with it and may consult such persons and organisations as it considers appropriate, including the Director-General and the Conservation Boards affected: n: after such consideration, the Conservation Authority shall make such amendments as it considers necessary and send the draft and the other relevant information to the Minister: o: the Minister shall consider the draft and send it back to the Conservation Authority with any written recommendations the Minister considers appropriate: p: after having regard to any recommendations expressed in writing by the Minister, the Conservation Authority shall either— i: approve the draft; or ii: send back to the Minister for further consideration the draft and any new information the Authority wishes the Minister to consider, before the Authority approves the draft. 17G: Procedure for preparation and approval of conservation management plans 1: The provisions of paragraphs (a) to (j) of section 17F of this Act 2: On receipt of the draft and the summary under the provisions referred to in subsection (1) of this section a: approve the plan; or b: request the Director-General to revise the plan; or c: send the plan to the Conservation Authority for consideration. 3: The following provisions shall also apply to draft conservation management plans: a: at any time before the Boards approve the draft, the Authority or the Minister may require the Boards to send the draft to the Authority for approval: b: if a draft is sent to the Authority under paragraph (a) of this subsection c: every draft referred by the Director-General to Conservation Boards under the provisions referred to in subsection (1) of this section i: the expiration of 6 months after the date of its referral to the Boards by the Director-General; or ii: such later date as may be fixed in that behalf by the Minister: d: where the Boards send a draft to the Authority, the Boards shall also furnish the Authority with the summary prepared under subsection (1) of this section e: the Conservation Authority shall, in such a case, consider the draft and all other information furnished with it and may consult such persons and organisations as it considers appropriate, including the Director-General and the Conservation Boards affected: f: after such consideration, the Conservation Authority shall make such amendments as it considers necessary and send the draft and the other relevant information to the Minister: g: the Minister shall consider the draft and send it back to the Conservation Authority with any written recommendations the Minister considers appropriate: h: after having regard to any recommendations expressed in writing by the Minister, the Conservation Authority shall either— i: approve the draft strategy or plan; or ii: send back to the Minister for further consideration the draft and any new information the Authority wishes the Minister to consider, before the Authority approves the draft. 17H: Reviews of conservation management strategies and conservation management plans 1: The Director-General, after consultation with the Conservation Boards affected, may at any time initiate a review of any conservation management strategy or conservation management plan, or any part of any such strategy or plan. 2: Every review of a conservation management strategy under this section shall be carried out and approved in accordance with the provisions of section 17F of this Act 3: Every review of a conservation management plan under this section shall be carried out and approved in accordance with the provisions of section 17G of this section 4: The following provisions shall also apply in relation to reviews under this section: a: any conservation management strategy or conservation management plan may be reviewed in whole or in part: b: a conservation management strategy or conservation management plan shall be reviewed as a whole by the Director-General not later than 10 years after the date of its approval: c: in the case of a conservation management strategy, the Minister may, after consultation with the Authority, extend that period of review: d: in the case of a conservation management plan, the Minister may, after consultation with the Conservation Boards affected, extend that period of review. 17I: Amendments to conservation management strategies and conservation management plans 1: The Director-General, after consultation with the Conservation Boards affected, may at any time initiate the amendment of any conservation management strategy or conservation management plan, or any part of any such strategy or plan. 2: Except as provided in subsection (4) of this section section 17F of this Act 3: Except as provided in subsection (4) of this section section 17G of this section 4: Where the proposed amendment is of such a nature that the Director-General and the Conservation Boards affected consider that it will not materially affect the objectives or policies expressed in the strategy or plan or the public interest in the area concerned, then— a: in the case of a draft conservation management strategy, the Director-General shall send the proposal to the Conservation Boards affected and it shall be dealt with under paragraphs (k) to (p) of section 17F of this Act b: in the case of a draft conservation management plan, the Director-General shall send the proposal to the Conservation Boards affected and it shall be dealt with under subsections (2) and (3) of section 17G of this Act 17J: Freshwater fisheries management plans 1: The purpose of a freshwater fisheries management plan is to implement general policies and establish detailed objectives for the management of freshwater fisheries within any area or areas. 2: The Director-General may prepare for approval by the Minister such freshwater fisheries management plans as are necessary for the management of all freshwater fisheries other than sports fisheries. 3: Nothing in any freshwater fisheries management plan shall derogate from— a: any provision in this Act or any other Act; or b: any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or c: any provision in any conservation management strategy or conservation management plan. 4: Any freshwater fisheries management plan may apply to any one or more freshwater fish species within any area. 5: In preparing any freshwater fisheries management plan, the Director-General shall have regard to any sports fish and game management plan having effect in that area. 17K: Procedure for preparation, approval, review, and amendment of freshwater fisheries management plans 1: The following provisions shall apply to the preparation and approval of freshwater fisheries management plans: a: every draft plan shall be prepared by the Director-General in consultation with the Conservation Boards affected by it and such other persons or organisations, including representatives of the appropriate iwi authorities, as the Director-General considers practicable and appropriate, and then notified in accordance with section 49(1) of this Act Local Government Act 1974 b: every notice under paragraph (a) of this subsection i: state that the draft plan is available for inspection at the places and times specified in the notice; and ii: call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice: c: any person or organisation may make written submissions to the Director-General on any such draft plan, at the place and before the date specified in that behalf in the notice: d: the Director-General may obtain public opinion of the draft by any other means from any person or organisation: e: from the date of public notification of a draft plan until public opinion of it has been made known to the Director-General, the draft shall be made available by the Director-General for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal: f: the Director-General shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of representatives of the Director-General: g: representatives of the Director-General may hear submissions from any other person or organisations consulted on the draft: h: the Director-General shall prepare a summary of the submissions received on the draft and public opinion made known about it: i: after considering such submissions and public opinion, the Director-General shall, subject to paragraph (j) of this subsection j: the Director-General shall comply with paragraph (i) of this subsection i: the expiration of 8 months after the date of publication of the notice given under paragraph (a) of this subsection ii: such later date as may be fixed in that behalf by the Minister: k: the Conservation Authority shall, if so required by the Minister, consider the draft and send any written comments on the draft to the Minister and the Director-General: l: the Director-General, after having regard to any comments received under paragraph (k) of this subsection i: may amend the draft: ii: shall send to the Minister the draft, with any revisions, and the summary prepared under paragraph (h) of this subsection m: the Minister shall approve the draft or send it back to the Director-General for further consideration before approving it. 2: The Director-General may at any time review or amend any such management plan. 3: The review of any freshwater fisheries management plan shall be dealt with under subsection (1) of this section 4: The following provisions shall also apply in relation to the review of any freshwater fisheries management plan: a: any freshwater fisheries management plan may be reviewed in whole or in part: b: a freshwater fisheries management plan shall be reviewed as a whole by the Director-General not later than 10 years after the date of its approval. 5: Subject to subsection (6) of this section subsection (1) of this section 6: Where any such amendment is of such a nature that the Director-General considers that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with under paragraphs (i) to (m) of subsection (1) of this section 17L: Sports fish and game management plans 1: The purpose of a sports fish and game management plan is to establish objectives for the management of sports fish and game, or both, within any region or part of any region. 2: Each Fish and Game Council shall prepare for approval by the Minister such sports fish and game management plans as are necessary for the management of sports fish and game within its area of jurisdiction. 3: Nothing in any sports fish and game management plan shall derogate from— a: any provision in this Act or any other Act; or b: any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or c: any provision in any conservation management strategy or conservation management plan or freshwater fisheries management plan. 4: When preparing a draft sports fish and game management plan, the Fish and Game Council shall— a: have regard to the sustainability of sports fish and game in the area to which the plan relates; and b: have regard to the impact that the management proposed in the draft is likely to have on other natural resources and other users of the habitat concerned; and c: include such provisions as may be necessary to maximise recreational opportunities for hunters and anglers. 17M: Procedure for preparation, approval, review, and amendment of sports fish and game management plans 1: Every draft sports fish and game management plan shall be prepared by a Fish and Game Council in the manner provided in subsection (2) of this section 2: The following provisions shall apply to the preparation and approval of sports fish and game management plans: a: the Fish and Game Council— i: shall publish a notice of the draft plan either in some newspaper circulating in the area in which the subject-matter of the notice is situated or, if the draft is of national importance, at least once in each of 5 daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin, respectively; and ii: shall give notice of the draft plan to the Director-General and, so far as is practicable, to representatives of the appropriate iwi authorities, and to the appropriate regional councils and territorial authorities constituted under the Local Government Act 1974 iii: may give such further notice of the draft plan as the Fish and Game Council thinks fit; and iv: shall, in every notice under this paragraph, invite persons or organisations to send to the Fish and Game Council written submissions on the proposal before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice; and v: shall consult with such other persons or organisations, in such manner, as the Fish and Game Council considers practicable and appropriate; and vi: shall give full consideration to any submissions and opinion made known to the Fish and Game Council: b: every notice under paragraph (a) of this subsection c: from the date of public notification of a draft plan until public opinion of it has been made known to the Fish and Game Council, the draft shall be made available by the Fish and Game Council for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal: d: the Fish and Game Council shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before a meeting of representatives of the Fish and Game Council: e: the Fish and Game Council shall prepare a summary of the submissions received on the draft and public opinion made known about it: f: the Fish and Game Council shall send the draft to the Minister with the summary prepared under paragraph (e) of this subsection g: the Minister shall approve the draft or send it back to the Fish and Game Council for further consideration before approving it. 3: The Fish and Game Council may at any time review or amend any sports fish and game management plan. 4: Subject to subsection (6) of this section subsection (2) of this section 5: The following provision shall also apply in relation to the review of any sports fish and game management plan: a: any sports fish and game management plan may be reviewed in whole or in part: b: a sports fish and game management plan shall be reviewed as a whole by the Fish and Game Council not later than 10 years after the date of its approval: c: the Minister may, after consultation with the Fish and Game Councils affected, extend that period of review. 6: Where the proposed amendment of any sports fish and game management plan is of such a nature that the Fish and Game Council considers that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with under paragraphs (e) to (g) of subsection (2) of this section 17N: Effect of general policies, conservation management strategies, and management plans 1: Every statement of general policy approved under section 17B(3)(m) or section 17C of this Act 2: No such statement or strategy or plan shall restrict or affect the exercise of any legal right or power by any person other than the Minister or the Director-General or any Fish and Game Council. 3: No such statement or strategy or plan shall limit or affect the exercise by a lessee or licensee of any area of any right or power conferred by a lease or licence granted before the commencement of this Part of this Act. 4: Every such statement, strategy, and plan shall be available for public inspection during ordinary office hours at the Department's Head Office, and at such other places as the Director-General thinks its public availability is desirable. 5: Sports fish and game management plans, and policies relating to sports fish and game that are general policies or are established by the New Zealand Fish and Game Council, shall be available at the offices of the New Zealand Fish and Game Council and the Fish and Game Councils affected by them. 6: Where any such strategy or plan or any review or amendment of any such strategy or plan is approved, the Director-General shall give public notice of the fact, specifying the offices or places at which the strategy or plan, or reviewed or amended strategy or plan, can be inspected; and section 49(1) of this Act 2: Sections 9 to 12 3: Section 49(2) (otherwise than under section 11(1) of this Act 14: Wilderness areas Section 20(2) paragraph (a) the area's management plan the conservation management strategy or conservation management plan for the area 15: New Part 4A inserted into principal Act The principal Act is hereby amended by repealing section 24 Part 4 4A: Marginal strips 24: Marginal strips reserved 1: There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of— a: any foreshore; or b: the normal level of the bed of any lake not subject to control by artificial means; or c: the bed of any river or any stream (not being a canal under the control of the Electricity Corporation of New Zealand Limited used by the Corporation for, or as part of any scheme for, the generation of electricity), being a bed that has an average width of 3 metres or more. 2: There shall be deemed to be reserved from the sale or other disposition by the Crown of any land extending along and abutting the landward margin of any lake controlled by artificial means a strip of land that— a: is 20 metres wide; or b: has a width extending from the maximum operating water level to the maximum flood level of the lake,— whichever is the greater. 3: Every strip of land of any width that, immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any specified purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width. 4: Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements lawfully existing on any marginal strip at the commencement of this section. 5: Nothing in this section shall limit or affect section 289 of the Local Government Act 1974 6: Every disposition of any land by the Crown to a State enterprise pursuant to the State-Owned Enterprises Act 1986 7: Notwithstanding subsection (6) of this section Land Act 1948 8: Except as otherwise expressly provided, this section shall apply to the disposition of any land by the Crown under the provisions of any enactment. 9: For the purposes of this section, a disposition Crown Forest Assets Act 1989 Land Act 1948 24A: Power to reduce width of marginal strip Notwithstanding section 24 of this Act section 24C of this Act 24B: Power to declare certain dispositions to be exempt from section 24 1: Subject to subsection (2) of this section Gazette section 24 of this Act 2: The Minister may make a declaration under subsection (1) of this section a: that the land has little or no value in terms of the purposes specified in section 24C of this Act b: that any value the land has in those terms can be protected effectively by another means. 3: Notwithstanding subsection (2) of this section Land Act 1948 4: The Minister may, by notice in the Gazette, declare that section 24 of this Act a: land that is part of the core assets of the Electricity Corporation of New Zealand Limited; or b: land that is required in connection with electricity works. 5: A notice under subsection (4)(a) of this section 6: For the purposes of subsection (4)(a) of this section core assets a: any aqueduct, bridge, boom anchor, canal, control gate, dam, flume, headrace, penstock, power station, screen, spillway, switching gear, surge chamber, tailrace, transmission tower, tunnel, or weir, used by the Electricity Corporation of New Zealand Limited for or in connection with the generation, transmission, or supply of electricity; or b: any similar structure or device so used. 7: Nothing in section 24 of this Act 24C: Purposes of marginal strips Subject to this Act and any other Act, all marginal strips shall be held under this Act— a: for conservation purposes, in particular— i: the maintenance of adjacent watercourses or bodies of water; and ii: the maintenance of water quality; and iii: the maintenance of aquatic life and the control of harmful species of aquatic life; and iv: the protection of the marginal strips and their natural values; and b: to enable public access to any adjacent watercourses or bodies of water; and c: for public recreational use of the marginal strips and adjacent watercourses or bodies of water. 24D: Reservation of marginal strips to be recorded 1: Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 1952 2: Upon being notified of any disposition by the Crown of any land not registered under the Land Transfer Act 1952 3: The Chief Surveyor shall, without fee, in the manner the Chief Surveyor considers most appropriate, cause the proper plans of every land registration district to show the marginal strips within that district. 4: All land that is subject to this Part of this Act shall remain subject to this Part and the statements specified in subsections (1) and (2) of this section a: any subsequent subdivision of that land; or b: any subsequent transfer by sale or otherwise of that land. 5: Every statement recorded on a certificate of title in compliance with subsection (1) of this section 6: The land comprised in any certificate of title that bears a statement recorded in compliance with subsection (1) of this section a: shall be deemed to be all the land described in that certificate of title, with the exception of any portion that is deemed to be reserved as marginal strip under this Part of this Act; and b: may be defined for the purposes of the issue of a certificate of title as if this Part of this Act had not been passed. 7: Notwithstanding anything in the Land Transfer Act 1952 section 24 of this Act 24E: Exchange of marginal strips 1: The Minister may, by notice in the Gazette 2: The Minister shall not authorise the exchange of any marginal strip unless the Minister is satisfied that the exchange will better achieve the purposes specified in section 24C of this Act 3: The land taken by the Crown in exchange for any marginal strip shall be deemed to be reserved as marginal strip. 4: The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the purposes of this Act. 5: The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section. 6: District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section. 24F: Right of Crown to half of bed of river adjoining former land of the Crown Notwithstanding any other enactment or rule of law, where the Crown owns part of the bed of a non-navigable river or stream adjoining any land (being a bed of not less than 3 metres in width) and disposes of that land, that part of the bed of that river or stream shall remain owned by the Crown. 24G: Effect of change to boundary of marginal strips 1: Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration. 2: Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration. 3: With respect to any foreshore, to any lake or reservoir and to any bay or inlet of any lake or reservoir, and to any river or stream, a marginal strip shall be reserved by subsection (1) or subsection (2) of this section 4: Every marginal strip reserved by subsection (1) or subsection (2) of this section section 24 of this Act 5: Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements existing on any marginal strip at the time such marginal strip is reserved by subsection (1) or subsection (2) of this section 6: Subject to this section, the provisions of this Act shall apply to every marginal strip reserved by subsection (1) or subsection (2) of this section section 24 of this Act 7: Nothing in this section shall apply to any marginal strip reserved by section 24(3) of this Act 24H: Management of marginal strips 1: The Minister may from time to time appoint suitable persons to be managers of marginal strips. 2: Subject to subsection (6)(c) of this section a: the owner for the time being of the land adjoining that strip: b: some other suitable person, if the Minister considers that person to be more suitable than the adjoining owner. 3: The Crown shall manage all marginal strips around controlled lakes and reservoirs; but any costs relating to any such strip that are costs arising out of electricity generation in the area of the strip shall be payable by the person or body responsible for that electricity generation. 4: Subject to this section, the manager of a marginal strip shall— a: manage the strip in a way that best serves the purposes specified in section 24C b: enable members of the public to have access along the strip. 5: Subject to this section, the manager of a marginal strip may make improvements to the strip, and the improvements may include such planting or harvesting of crops or trees as may be provided for in any Crown forestry licence under the Crown Forest Assets Act 1989 6: In the case of the holder of a Crown forestry licence under the Crown Forest Assets Act 1989 a: the licence holder may manage and harvest exotic plantation trees existing at the time of the grant of the licence on any marginal strip adjoining the land to which the licence relates: b: the licence holder may carry out one replanting of such trees on the strip: c: the Minister may appoint either the licence holder or the Director-General to be manager of the strip, but shall not appoint any other person to be the manager. 7: The manager of a marginal strip may request the Minister to close temporarily the strip under section 13 8: The manager of a marginal strip shall comply with any reasonable requirements or restrictions imposed in respect of the strip by the Minister by notice in writing to the manager; and the Minister shall impose such requirements or restrictions, or both, as the Minister considers reasonably necessary or expedient to protect the strip, having particular regard to the maintenance of riparian vegetation, wildlife, water quality, the health of aquatic life, and to maintain access to and the recreational use of the strip. 9: The Minister shall not require the manager of any marginal strip to fence off any part of that strip, or to undertake any other works on or relating to that strip, unless the expenses associated with such fencing or other works are borne by the Crown. 10: The Minister shall consult the appropriate manager where— a: an application for a licence to mine in a marginal strip is being considered; or b: any complaint relating to a marginal strip is being investigated; or c: any requirement or restriction under subsection (8) of this section 11: The manager of a marginal strip shall obtain the written consent of the Minister before making any significant change to the management regime of the strip, and before making or erecting any significant improvements to or on the strip. 12: Subject to subsection (9) of this section 13: Every manager of a marginal strip commits an offence who— a: knowingly damages the marginal strip or causes to be damaged the strip or any part of it; or b: knowingly uses the marginal strip for any purpose contrary to any provision of or to any requirement imposed under this Part of this Act. 24I: Easements 1: The Minister may, after having due regard to section 24C of this Act 2: For the purposes of this section, the Minister shall be deemed to be the registered proprietor of marginal strips. 24J: Resumption of marginal strips by Crown 1: On giving 90 days notice in writing to the manager of a marginal strip or such longer period not exceeding 6 months as may be provided for in any agreement between the manager and the Crown, the Minister, on behalf of the Crown, may resume the management of the strip. 2: Subject to subsection (3) of this section a: compensation for any improvements made to the strip by the manager; and b: the manager's reasonable administration costs associated with the Crown's resumption of the strip. 3: A manager shall have no right to be compensated for improvements made to or erected on the marginal strip without the prior consent of the Minister as required by section 24H(11) of this Act 4: If there is any dispute or difference between the manager of any marginal strip and the Crown as to any amount the Crown is liable to pay under subsection (2) of this section Arbitration Act 1908 5: For the purposes of any such arbitration, this section shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1908 6: Notwithstanding subsection (4) of this section subsection (2) of this section 16: Disposal of stewardship areas 1: Section 26(1) a: by inserting in subsection (1) may dispose of any stewardship area that is not foreshore or b: by inserting in subsection (2) shall not dispose of any land or c: by inserting in subsection (3) shall not dispose of any land or d: by omitting from subsection (4) an interest in land the land or interest in land e: by inserting in subsection (5) after disposing of any land or 2: Section 26 6: Any disposal under this section may be effected by transfer under the Land Transfer Act 1952 7: A District Land Registrar shall accept any such transfer as conclusive evidence that the land or interest concerned is no longer required for conservation purposes. 17: New Parts 5A and 5B inserted into principal Act The principal Act is hereby amended by inserting, after Part 5 5A: Sports fish and game councils Functions of Minister 26A: Functions of Minister 1: The functions of the Minister in relation to the conservation and management of sports fish and game shall be— a: to approve policies and management plans for sports fish and game, and their habitats: b: to recommend to the Governor-General the making of any necessary Orders in Council under section 2(3) of this Act c: to define not more than 12 regions for the purposes of this Part of this Act, by notice in the Gazette i: alter the boundaries of any region by including any defined area in the region, or by excluding any defined area from the region and including that area in any other region: ii: abolish any region and include any part or parts of that region in any other region: d: to establish, by notice in the Gazette e: to approve annual operational work plans or provisions in such plans relating to the management of those species of sports fish or game for which there is no management plan. 2: The Minister shall have all such powers as are reasonably necessary or expedient to enable the Minister to carry out the Minister's functions under this section. New Zealand Fish and Game Council 26B: New Zealand Fish and Game Council established There is hereby established a council to be called the New Zealand Fish and Game Council to represent nationally the interests of anglers and hunters and provide co-ordination of the management, enhancement, and maintenance of sports fish and game. 26C: Functions of New Zealand Fish and Game Council 1: The functions of the New Zealand Fish and Game Council shall be— a: to develop, in consultation with Fish and Game councils, national policies for the carrying out of its functions for sports fish and game, and the effective implementation of relevant general policies established under the Wildlife Act 1953 b: to advise the Minister on issues relating to sports fish and game: c: to participate, with the Director-General and other interested parties, in the development of a research programme promoting the management of sports fish and game: d: to oversee the electoral system by which members of Fish and Game Councils are elected: e: to recommend to the Minister an appropriate fee for fishing and hunting licences, after having regard to the views and recommendations of Fish and Game Councils: f: to determine, in consultation with Fish and Game Councils, the amount of the levy payable by Fish and Game Councils to the New Zealand Fish and Game Council, from licence sales, for— i: the administration of the New Zealand Fish and Game Council; and ii: redistribution between Fish and Game Councils; and iii: advocacy and research: g: to advocate generally and in any statutory planning process the interests of the New Zealand Fish and Game Council and, with its agreement, of any Fish and Game Council in the management of sports fish and game, and habitats: h: to provide regular reports to Fish and Game Councils: i: to liaise with the New Zealand Conservation Authority: j: to audit the activities of Fish and Game Councils: k: to perform such other sports fish and game functions as the Minister may require. 2: The New Zealand Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act. 26D: Membership 1: The New Zealand Fish and Game Council shall consist of persons appointed as members of the New Zealand Fish and Game Council by Fish and Game Councils. 2: Each Fish and Game Council shall be entitled, in accordance with any regulations made under section 48 of this Act 26E: Co-opted members 1: The New Zealand Fish and Game Council may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Council. 2: A co-opted member of the Council shall be entitled to attend and speak at any meeting of the Council, but shall not be entitled to vote on any question. 26F: Powers of New Zealand Fish and Game Council 1: The New Zealand Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions. 2: Without limiting the generality of subsection (1) of this section a: makes rules for the conduct of its business and financial requirements: b: appoint a manager and other staff for the efficient and economic administration of the affairs of the Council: c: expend money received by it from any source arising under this Act for the purposes of carrying out its functions under this Act: d: enter into contracts to provide services. 3: For the purposes of section 26C(1)(g) of this Act 26G: Employment principles The New Zealand Fish and Game Council shall operate a personnel policy that complies with the principle of being a good employer by following, as closely as possible and as if it were a chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988 26H: Annual report and financial statement As soon as practicable after the 31st day of December in every year, the New Zealand Fish and Game Council shall furnish the Minister with— a: a report of its operations for the period of 12 months ending on that day; and b: financial statements of the kinds specified in section 41(2) of the Public Finance Act 1989 26I: Financial statements to be audited by Audit Office 1: The Audit Office shall audit the financial statements of the New Zealand Fish and Game Council. 2: For the purposes of issuing an audit opinion under section 26H(b) of this Act Part II of the Public Finance Act 1977 26J: Chairperson of New Zealand Fish and Game Council 1: The members of the New Zealand Fish and Game Council shall from time to time appoint one of their number to be Chairperson of the New Zealand Fish and Game Council. 2: The Chairperson shall preside at all meetings of the New Zealand Fish and Game Council at which he or she is present. 3: If the Chairperson is absent from any meeting of the New Zealand Fish and Game Council, the members present shall appoint one of their number to be the Chairperson of that meeting. 26K: Meetings of New Zealand Fish and Game Council 1: Meetings of the New Zealand Fish and Game Council shall be held at least twice a year at such times and places as the New Zealand Fish and Game Council or the Chairperson from time to time appoints. 2: A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing. 3: At any meeting of the New Zealand Fish and Game Council, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present. 4: Every question before any meeting of the New Zealand Fish and Game Council shall be determined by a majority of the members present and voting on the question, and proper minutes shall be kept of proceedings. 5: At any meeting of the New Zealand Fish and Game Council, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote. 6: The powers of the New Zealand Fish and Game Council shall not be affected by any vacancy in its membership, nor shall the proceedings of the New Zealand Fish and Game Council be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 7: Subject to the provisions of this Act, the New Zealand Fish and Game Council may regulate its procedure in such manner as it thinks fit. 26L: Director-General entitled to attend meetings of New Zealand Fish and Game Council Notice in writing of every meeting of the New Zealand Fish and Game Council and of the business proposed to be transacted at that meeting shall be given by the Council to the Director-General, and the Director-General or the Director-General's nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question. 26M: No remuneration payable to members Except as otherwise provided by this Act or any regulations made under it, no member of the New Zealand Fish and Game Council shall be entitled to receive any remuneration or expenses in respect of his or her service as a member of the Council. Transitional councils 26N: Transitional Councils 1: The Minister shall, by notice in the Gazette a: a Transitional New Zealand Fish and Game Council; and b: a Transitional Fish and Game Council for each region defined under section 26A(1)(c) of this Act 2: Each Transitional Fish and Game Council shall consist of not more than 12 members appointed by the Minister. 3: The Transitional New Zealand Fish and Game Council and each Transitional Fish and Game Council shall be established for the period specified in the notice by which it is established. 26O: Functions and powers of Transitional Councils 1: The Transitional New Zealand Fish and Game Council shall have all the functions and powers of the New Zealand Fish and Game Council under this Act. 2: Each Transitional Fish and Game Council shall have all the functions and powers of a Fish and Game Council under this Act. 3: Without limiting the generality of subsection (2) of this section a: conduct a postal ballot for the first election of members of the Fish and Game Council for its region; and b: develop an annual operational work plan for its region and submit for the approval of the Minister those provisions of it that relate to the management of those species of sports fish and game for which there is no management plan; and c: provide a report of its operations, and financial statements audited by the Audit Office and complying with section 26H(b) of this Act 4: The Transitional Fish and Game Councils concerned shall engage the Department for a period of not less than 6 months, on terms and conditions to be mutually agreed, to manage— a: the area formerly known as the Rotorua Acclimatisation District (except those parts that constitute the Taupo fishery in that District); and b: the area formerly known as the Southern Lakes Acclimatisation District. Fish and game councils 26P: Fish and Game Councils established There is hereby established for the purposes of the management, maintenance, and enhancement of sports fish and game a Fish and Game Council for each region defined by the Minister under section 26A(1)(c) of this Act 26Q: Functions of Fish and Game Councils 1: The functions of each Fish and Game Council shall be to manage, maintain, and enhance the sports fish and game resource in the recreational interests of anglers and hunters, and, in particular,— a: to assess and monitor— i: sports fish and game populations; and ii: the success rate and degree of satisfaction of users of the sports fish and game resource; and iii: the condition and trend of eco-systems as habitats for sports fish and game: b: to maintain and improve the sports fish and game resource— i: by maintaining and improving access; and ii: by maintaining the hatchery and breeding programmes, where required for stocking or restocking the sports fisheries and game habitat; and iii: by formulating and recommending to the Minister conditions for fishing and game seasons; and iv: by ensuring that there are sufficient resources to enforce fishing and hunting season conditions; and v: by undertaking such works as may be necessary to maintain and enhance the habitat of sports fish and game, subject to the approval of the Minister, the land owner, or the administering authority, as the case may require: c: to promote and educate— i: by defining and promoting ethical standards of behaviour to be followed by anglers and hunters; and ii: by promoting recreation based on sports fish and game; and iii: by keeping anglers and hunters informed on matters affecting their interests: d: in relation to costs,— i: to assess the costs attributable to the management of sports fish and game; and ii: to develop and recommend to the New Zealand Fish and Game Council appropriate licence fees to recover costs; and iii: to represent the region's interests with the New Zealand Fish and Game Council in the determination and distribution of levies on licences: e: in relation to planning,— i: to represent the interests and aspirations of anglers and hunters in the statutory planning process; and ii: to formulate and adopt an annual operational work plan; and iii: to prepare draft sports fish and game management plans in accordance with this Act; and iv: to identify and recommend to the New Zealand Fish and Game Council the region's sports fish and game requirements for research; and v: to implement national policy determined by the New Zealand Fish and Game Council; and vi: to liaise with local Conservation Boards; and vii: to advocate the interests of the Council, including its interests in habitats: f: to issue— i: licences to hunt or kill game, in accordance with the Wildlife Act 1953 ii: licences to take sports fish, in accordance with this Part of this Act and any regulations made under this Act. 2: Each Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act. 3: The following provisions shall apply in respect of operational work plans: a: each Fish and Game Council shall prepare such a plan annually: b: such plans shall be submitted to the Minister for the Minister's approval if there is no sports fish and game management plan for the time being in force for the area: c: the Minister shall approve or amend plans submitted under paragraph (b) of this subsection d: subject to paragraph (e) of this subsection e: if there is no management plan for any species of sports fish or game for the time being in force for the region of a Council, those provisions of the Council's operational work plan that relate to the management of those species for which there is no management plan shall not have effect until approved by the Minister. 26R: Fish and Game Council responsibilities 1: In the performance of their responsibilities, Fish and Game Councils shall abide by the requirements of this Act and the Wildlife Act 1953 2: Fish and Game Councils shall not, within their areas of jurisdiction, engage in any activity that has as its predominant purpose the making of a commercial gain from that activity. 3: Subject to this Act and to any regulations made under it, each Fish and Game Council shall, from time to time, prepare and submit to the Minister for approval and publish by notice in the Gazette 4: A District Anglers Notice shall set out the conditions under which a current licence holder may fish for sports fish in the area to which the notice relates, being conditions relating to— a: the size and limit bag for any species of sports fish: b: any open or closed season in any specified waters in the area, and the sports fish in respect of which they are open or closed: c: any requirements, restrictions, or prohibitions on fishing tackle, methods, or the use of any gear, equipment, or device: d: the hours of fishing: e: the handling, treatment, or disposal of any sports fish. 5: A District Anglers Notice may also declare any waters within the area of jurisdiction of the Fish and Game Council to be fisheries experimental waters, and to make such provision for the protection of fish in those waters as in the opinion of the Minister are necessary or desirable for fish research purposes. 6: Every person commits an offence and is liable to a fine not exceeding $5,000 who takes any sports fish from any waters at any time or place, or with any device or in any manner, if such taking is not permitted by any District Anglers Notice in force in respect of those waters. 1983 No 14 s 71 26S: Powers of Fish and Game Councils 1: Each Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions. 2: Without limiting the generality of subsection (1) of this section subsection (3) of this section a: acquire and dispose of land or any interest in land for such purposes as are reasonably necessary to enable the Council to carry out its functions, including the provision of office premises: b: acquire any land or interest in land formerly held by an acclimatisation society: c: enter into contracts for the provision of services by it. 3: Every agreement under subsection (2) of this section a: in the case of an acquisition (other than for administrative purposes), the land or interest in land shall be acquired for use for the purposes of the management of sports fish or game, and the protection of their habitat: b: no disposal (other than for administrative purposes) shall be made if the land or interest in land is required for the management of sports fish or game, or the protection of their habitat: c: any land acquired under this section (other than for administrative purposes) shall be open to the public, and may be closed in order to protect the sports fish and game habitat only after public notice of the closure has been given in the region: d: the land use shall comply with the provisions of this Act and any other Act, and any freshwater fisheries management plan or sports fish and game management plan for the region in which the land is situated. 4: Subsection (3)(c) of this section 5: All land held under this section shall be subject to this Act. 6: Each Fish and Game Council may expend money received by it from any source arising under this Act for the purposes of carrying out its functions under this Act. 7: For the purposes of section 26Q(1) of this Act 8: Nothing in this section or in section 26Q of this Act 26T: Appointment of staff 1: Without limiting section 26S of this Act 2: Every Fish and Game Council shall operate a personnel policy that complies with the principle of being a good employer by following, as closely as possible and as if it were a chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988 26U: Membership 1: Each Fish and Game Council shall consist of not more than 12 members elected in accordance with section 26Z of this Act 2: A person shall be qualified to be a member of a Fish and Game Council only if that person holds a current adult whole season licence to hunt game or fish for sports fish. 3: Each region defined by the Minister under section 26A(1)(c) of this Act 4: No person who is a bankrupt or has been convicted of an offence involving sports fish and game (being an offence under this Act or any other Act) shall be eligible to be a member of a Fish and Game Council. 26V: Co-opted members 1: Any Fish and Game Council may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Council. 2: A co-opted member of a Council shall be entitled to attend and speak at any meeting of that Council, but shall not be entitled to vote on any question. 26W: Annual report and financial statement As soon as practicable after the 31st day of August in every year, every Fish and Game Council shall furnish the Minister and the New Zealand Fish and Game Council with— a: a report of its operations for the period of 12 months ending with that day; and b: financial statements of the kinds specified in section 41(2) of the Public Finance Act 1989 26X: Financial statements to be audited by Audit Office 1: The Audit Office shall audit the financial statements of each Fish and Game Council. 2: For the purposes of issuing an audit opinion under section 26W(b) of this Act Part II of the Public Finance Act 1977 26Y: Eligibility to vote 1: Every New Zealand resident who purchases an adult whole season licence that entitles that person to hunt game or fish for sports fish in a particular region in the season immediately preceding the next election of members of the Fish and Game Council for that region shall be entitled to vote at that election. 2: A person may choose to participate in any such election either at the time when he or she purchases a licence to hunt or fish or at any subsequent time before, but not later than one month before, the next election is held. 3: For the purposes of this section, each Fish and Game Council shall maintain a register or roll of persons who indicate their wish to vote at an election of members of the Council. 26Z: Conduct of elections 1: Voting at the election of members of Fish and Game Councils shall be by postal ballot and in accordance with regulations made under section 48 of this Act 2: Each Transitional Fish and Game Council shall, as soon as practicable after it is established, conduct an election to elect not more than 12 persons to be members of the Fish and Game Council for the area for which that Transitional Council is established. 3: The second election of members of each Fish and Game Council shall be held by that Council 3 years after the date of the first election of members of that Council, and subsequent elections shall be held every third year thereafter. 4: At every election of members of a Fish and Game Council at least one member shall be elected for each subregion of the Council. 26ZA: Term of office of members of Fish and Game Councils 1: Subject to subsections (2) to (5) of this section 2: Any member of a Fish and Game Council may at any time be removed from office by the Minister for bankruptcy, disability, neglect of duty, or misconduct, or a conviction for an offence involving sports fish and game (being an offence under this Act or any other Act). 3: A Fish and Game Council may at any time be discharged and any member of a Fish and Game Council may at any time be removed, by the Minister for failure to carry out any of its or his or her functions under this Act or the Wildlife Act 1953 4: Any member of any Fish and Game Council may at any time resign his or her office by writing addressed to the Minister. 5: If any member of any Fish and Game Council dies, resigns, or is removed from office earlier than 6 months before his or her term of office is due to expire, the following provisions shall apply: a: if a majority of the eligible voters request that an election be held to fill the vacancy, an election shall be held accordingly: b: in any other case, the Council may appoint a person to fill the vacancy after giving public notice of its intention to do so. 6: Where the Minister discharges a Fish and Game Council under subsection (3) of this section a: elections shall be held to fill the vacancies thereby created; and b: the Minister shall, in consultation with the New Zealand Fish and Game Council, make such arrangements as are necessary for the management of sports fish and game in the region pending the election of a new Council. 7: Unless a member sooner dies, resigns, or is removed from office, every member of any Fish and Game Council shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired. 26ZB: Members not personally liable No member of a Fish and Game Council shall be personally liable for any default made by the Council or by any member of it, in good faith in the course of its operations. 26ZC: Chairpersons of Fish and Game Councils 1: The members of each Fish and Game Council shall appoint one of their number to be the Chairperson of the Fish and Game Council for the term of that member's appointment or for such lesser period as the members think fit. 2: The Chairperson shall preside at all meetings of the Fish and Game Council at which he or she is present. 3: If the Chairperson is absent from any meeting of the Fish and Game Council, the members present shall appoint one of their number to be the Chairperson of that meeting. 26ZD: Meetings of Fish and Game Councils 1: Meetings of any Fish and Game Council shall be held on at least 6 occasions in the period commencing on the 1st day of February and ending on the 31st day of December in each year at such times and places as the Council or the Chairperson from time to time appoints. 2: A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing. 3: At any meeting of a Fish and Game Council, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present. 4: Every question before any meeting of a Fish and Game Council shall be determined by a majority of the members present and voting on the question. 5: At any meeting of a Fish and Game Council, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote. 6: The powers of a Fish and Game Council shall not be affected by any vacancy in its membership, nor shall the proceedings of the Council be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 7: As soon as practicable after the commencement of the 31st day of August and not later than the 30th day of November in every year of its operation, each Fish and Game Council shall call a public annual general meeting at which the Council shall present its annual report and financial statement for the period of 12 months that ended on that day. 8: Subject to the provisions of this Act, a Fish and Game Council may regulate its procedure in such manner as it thinks fit. 26ZE: Director-General entitled to attend meetings of Fish and Game Councils Notice in writing of every meeting of a Fish and Game Council and of the business proposed to be transacted at that meeting shall be given by the Council to the Director-General, and the Director-General or the Director-General's nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question. 26ZF: No remuneration payable to members Except as otherwise provided by this Act or any regulations made under this Act, no member of any Fish and Game Council shall be entitled to receive any remuneration, allowances, or expenses in respect of his or her service as a member of that Council. 5B: Freshwater fisheries 26ZG: Application of Part 1: Subject to subsection (2) of this section 2: Nothing in this Part of this Act shall apply to— a: any person using a landing net or gaff to secure freshwater fish lawfully taken with a rod and line; or b: any person who, having unintentionally taken any freshwater fish contrary to the provisions of this Act or any regulations made under it, immediately returns the fish with as little injury as possible, to the water; or c: the taking, holding, possession, sale, or disposal of any freshwater fish under the authority of the Fisheries Act 1983 1983 No 14 s 88(1) 1986 No 34 s 22 Maori fishing rights 26ZH: Maori fishing rights unaffected by this Part Nothing in this Part of this Act shall affect any Maori fishing rights. Sports fisheries 26ZI: Taking sports fish without licence prohibited 1: Subject to this Act, every person commits an offence and is liable to a fine not exceeding $5,000 who— a: takes sports fish from any freshwater at any time, unless that person is the holder of a licence issued under this Act authorising him or her to take such fish from such waters at such time; or b: has in his or her possession any sports fish taken from any freshwater, unless the fish have been taken lawfully. 2: Nothing in subsection (1) of this section 3: Every person commits an offence and is liable to a fine not exceeding $5,000 who establishes, manages, or operates any fish hatchery for sports fish except pursuant to regulations made under this Act; but nothing in this subsection shall apply in relation to any hatchery for sports fish that is established or is being established at the commencement of this Part of this Act. 4: No person shall establish, manage, or operate a fish farm for trout. 1983 No 14 s 68 1986 No 34 s 14 26ZJ: Offences relating to spawning fish 1: Every person commits an offence who— a: disturbs or damages the spawning ground of any freshwater fish: b: disturbs or injures the eggs or larvae of any freshwater fish: c: is in possession of the eggs or larvae of any freshwater fish: d: with any spear, gaff, speargun, net, trap, or similar device takes any sports fish from any river or stream where sports fish are congregating or have congregated for spawning: e: while in the vicinity of any river or stream where sports fish are congregating or have congregated for spawning, has possession or control of any spear, gaff, speargun, trap, or similar device or material suitable for the taking of any sports fish, in circumstances likely to result in the taking of sports fish. 2: Nothing in subsection (1) of this section a: the taking of freshwater fish or the eggs or larvae of such fish for the purposes of scientific investigation or data collection, under a permit or authority under this Act, and in accordance with any conditions imposed by such permit or authority: b: the taking of freshwater fish subsequently found to contain eggs or larvae. 1983 No 14 s 68A 1986 No 34 s 15 26ZK: Fishing competitions relating to sports fish No competition involving the taking of sports fish shall be held unless it conforms in all respects with any regulations made under this Act. 1983 No 14 s 69A 1986 No 34 s 17 26ZL: Restrictions on fishing 1: The Director-General, by notice in the Gazette a: declare any specified waters to be spawning grounds for freshwater fish, and prohibit or impose restrictions and conditions on entry into any such waters or on to any land within a specified distance of any such waters: b: prohibit or impose restrictions and conditions on entry into any waters within a specified distance of any device erected in those waters for the purpose of preventing or controlling the movement of fish upstream or downstream or on entry to any land within a specified distance of any such device: c: prohibit or impose restrictions or conditions on fishing in any waters or in any specified part or parts thereof, or on the taking of any species of fish therein, or on the methods of fishing in such waters: d: in the case of freshwater fish (other than sports fish) exempt communities either wholly, partially, or conditionally, or in respect of any specified waters, from the operation of any such prohibition, restriction, or other condition in the notice. 2: Any Fish and Game Council may request the Minister to issue a notice under subsection (1) of this section 3: Notwithstanding subsection (1) of this section 1983 No 14 s 70 26ZM: Transfer or release of live aquatic life 1: No person shall transfer live aquatic life or release live aquatic life into any freshwater, except in accordance with this section. 2: The prior approval of the Minister of Fisheries shall be required for the following: a: the movement of live aquatic life between sites where the species already exists: b: the movement of live aquatic life between the islands of New Zealand. 3: The prior approval of the Minister of Conservation shall be required for the following: a: the transfer of live aquatic life to or the release of live aquatic life in a new location where the species does not already exist (including the transfer of a new species to or the release of a new species in an existing or a new fish farm): b: the transfer of a species of live aquatic life to any land or water managed or administered under this Act or any other Act specified in the First Schedule to this Act 4: The following provisions shall apply where the approval of the Minister of Conservation is required under subsection (3) of this section a: the applicant shall advertise, on at least 2 consecutive Saturdays in at least one newspaper circulating in the area concerned, the intention to transfer or release live aquatic life: b: every advertisement under paragraph (a) of this subsection c: the Director-General may require an applicant to provide an environmental impact assessment report before granting approval. 5: Nothing in this section shall apply to the transfer of any existing species to any existing fish farm. 6: Except where the Director-General or the Director-General of Agriculture and Fisheries requires it to comply with this section, nothing in this section shall apply to the transfer by a Fish and Game Council of sports fish to another location within the same island in New Zealand where the species is already present. 26ZN: Fishing rights not to be sold or let 1: Every person commits an offence against this Act who sells or lets the right to fish in any freshwater. 2: Subsection (1) of this section 26ZO: Occupier may fish without licence 1: Subject to this Act, any person who is the lawful occupier of any land may fish on such land or waters within such land without a licence or payment of fee, within the period and upon such terms and conditions, as may be specified in any notice issued pursuant to section 26ZL of this Act section 48 or section 48A of this Act 2: For the purposes of this section, the term lawful occupier 3: Every person who claims to be the lawful occupier of any land pursuant to an agreement referred to in subsection (2) of this section 1983 No 14 s 74 1986 No 34 s 18 Miscellaneous provisions 26ZP: Determination of closed seasons for fishing 1: In respect of any freshwater fish other than sports fish, the Director-General may, from time to time, by notice in the Gazette 2: The Director-General may, in like manner, extend or vary any closed season so determined or vary any closed season so extended. 3: During the period of any closed season determined, varied, or extended pursuant to this section for any species of fish it shall be unlawful for any person to take or have in possession any such fish, or in any way injure or disturb any such fish, and every person so doing commits an offence against this Act. 4: Every person who commits an offence against this section is liable to a fine not exceeding $5,000, and to a further fine not exceeding $20 in respect of every fish in relation to which the offence was committed. 5: Any person who, during any closed season, is found in possession of any sports fish shall be deemed to have taken or obtained that fish during such closed season until the contrary is proved. 1983 No 14 s 85(2)-(7) 26ZQ: Buying, selling, or possessing fish, contrary to Act 1: Every person commits an offence who buys, sells, or has in his or her possession for the purpose of sale any freshwater fish taken in New Zealand in contravention of this Part of this Act, or any regulation made or notice given under this Act. 2: For the purpose of this section, fish shall be deemed to be sold if it forms part of a meal for which payment for that meal or any part of the meal is made, or which is supplied to any person (whether in accordance with the terms of a contract of service or otherwise) who is employed by the person by whom the meal is supplied: Provided that nothing in this subsection applies to sports fish taken legally pursuant to a current licence and served to the angler who took the fish and the angler's immediate guests. 3: Nothing in this section applies to the purchase, sale, or possession for sale of sports fish where the sale or intended sale is between Fish and Game Councils, or between a Fish and Game Council and the Crown acting for conservation purposes, where the fish have been bred or reared by the seller. 1983 No 14 s 69 1986 No 34 s 16 26ZR: Using explosives, etc, to catch or destroy fish 1: Every person commits an offence who for the purpose of taking or destroying any freshwater fish uses in any water any explosive or toxic gas, or toxic, poisonous, or narcotic substance or any electric fishing device. 2: Subsection (1) of this section 3: In this section, the term explosive Explosives Act 1957 1983 No 14 s 98 1986 No 34 s 27 18: Covenants The principal Act is hereby amended by repealing section 27 27: 1: Notwithstanding any enactment or rule of law,— a: there may be granted or reserved over any land any covenant for conservation purposes in favour of the Minister; and b: every such covenant shall run with and bind the land that is subject to the burden of the covenant, and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 1952 2: Where a covenant is granted or reserved under this section, the District Land Registrar of the land registration district affected, on the application of the Director-General, shall, without fee, enter in the appropriate registers a notification that the land affected by the covenant is subject to the burden of the covenant. 19: Taking of plants 1: Section 30(1) paragraph (c) c: in accordance with the conservation management strategy or conservation management plan for that area; or ca: pursuant to subsection (5) or subsection (6) of section 24H of this Act . 2: Section 30(4) management plan conservation management strategy or conservation 3: 4: Section 30 6: Every person commits an offence who acts in contravention of or fails to comply with any provision of this section. Section 19(3) repealed 1 July 1996 section 32(3) Conservation Amendment Act 1996 20: Removal of shingle, etc Section 20 repealed 1 July 1996 section 15(2)(a) Conservation Amendment Act 1996 21: Trespassing livestock Section 36 subsection (5) 5A: Any reasonable costs incurred by the Department in rounding up, destroying, or otherwise disposing of, in accordance with this section, any branded livestock shall be recoverable in any court of competent jurisdiction from the owner by the Director-General. 22: Other offences Section 39 4: Every person commits an offence who disturbs, injures, poisons, kills, or detrimentally affects any freshwater fishery, fish spawning ground, or food of freshwater fish in any river, stream, lake, or any other water, by allowing any substance to enter into any such water or refuses to remove as much as may be practicable of the material in respect of which the breach arose immediately upon having been ordered to do so by a warranted officer. 5: For the purposes of this section, a person shall be deemed to discharge waste into water if that person places or discharges or causes or permits to be placed or discharged any waste or water containing waste, in a position where that waste or any other waste emanating as a result of a natural process from that waste is liable to fall or descend into, or to be washed or percolate into, or to be carried by wind, tide, or current into, any water. 6: Where any person is convicted of an offence under subsection (4) of this section discharge permit granted under the Resource Management Act 1991 7: Subsection (4) of this section Section 22 amended 1 October 1991 section 362 Resource Management Act 1991 23: Powers of warranted officers 1: Section 40(1) a: by inserting in paragraph (a) plant, freshwater fish, freshwater fish product, b: by inserting in paragraph (b) device, fishing gear, c: by inserting in paragraph (c) plant, freshwater fish, freshwater fish product, 2: Section 40 subsection (4) 4A: A power of entry under this section shall be exercised only at times that are reasonable in the circumstances. 4B: When exercising a power of entry under this section, a warranted officer shall produce evidence of his or her identity and authority whenever reasonably requested to do so. 3: Section 40(5) animal product, freshwater fish, freshwater fish product, 4: Section 40 6: In the case of every warranted officer, the provisions of this section are subject to any restrictions or limitations specified in the warrant issued to that person under section 59 of this Act 24: Proceedings for offences Section 43(3) shall may 25: New sections relating to offences inserted into principal Act The principal Act is hereby amended by inserting, after section 43 43A: Evidence in proceedings 1: Subject to subsection (3) of this section Part VB of this Act section 48A of this Act 2: A copy of any licence or other document granted or issued under this Act which is certified correct by the Director-General or any officer of the Department duly authorised by the Director-General in that behalf, shall be sufficient, in the absence of proof to the contrary, to prove that licence or other document. 3: The production of any certificate or copy of any document for the purpose of this section purporting to be signed by any person authorised under this section to sign it shall be prima facie evidence of the certificate or copy without proof of the signature of the person appearing to have signed it. 1983 No 14 s 106(1), (7), (10) 1986 No 34 s 27 43B: Strict liability 1: In any prosecution for any offence against any provision of Part VB of this Act section 48A of this Act 2: It shall be a defence in any such prosecution if the defendant proves— a: that the defendant did not intend to commit the offence; and b: that— i: in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or ii: in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done. 1983 No 14 s 105 1986 No 34 s 27 26: Forfeiture of property 1: Section 46 a: by inserting in subsection (5)(a) equipment, fishing gear, b: by inserting in subsection (5)(b) animal product, freshwater fish, freshwater fish product, 2: Section 46 subsection (7) 7A: Notwithstanding anything in this section, the following provisions shall apply where a prosecution is commenced on the information of an officer of a Fish and Game Council: a: the forfeited property shall be disposed of by the Minister to that Council for the purposes of sale and may be sold by that Council, and the proceeds of sale shall be paid into its funds and applied for the purposes of the Council: b: subject to section 73(2) of the Public Finance Act 1989 27: New sections substituted in principal Act The principal Act is hereby amended by repealing section 48 48: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing forms of application and the conditions and mode of applying for leases, licences, or permits to be issued under this Act: b: providing for any proceedings, forms of leases, licences, or permits and other instruments, and for the execution of any other matter or thing arising under and not inconsistent with this Act, and not expressly provided for in it: c: regulating the protection of natural or historic resources or conservation areas, or conservation areas of any class or description, and the prevention of fires in them: d: in fulfilment of the conditions of the deed of cession of Stewart Island dated the 29th day of June 1864, and after consultation with the Maori owners, securing to the Maori the Titi Islands and other islands adjacent to Stewart Island mentioned in the deed, and protecting the islands from trespassers, and the birds frequenting them from destruction: e: providing for the care, management, and protection of any natural or historic resource or any conservation area or areas: f: prohibiting, restricting, or regulating, the entry of aircraft, ships, or vehicles of any class or description, into any conservation area: g: prohibiting, restricting, or controlling the entry of the public into any conservation area: h: prohibiting, restricting, or controlling, actions of the public on or in relation to any conservation area: i: prohibiting members of the public from allowing animals under their control to enter or remain in, or restricting or controlling the extent to which they may allow such animals to enter or remain in, any conservation area: j: prescribing conditions applying and charges payable in respect of the use of huts and other buildings, camping sites, picnic places, parking areas, and other facilities in any conservation area, and providing for the removal of any motor vehicle or boat parked in any conservation area in breach of any such conditions: k: prescribing, or providing for the fixing of, fees and levies payable in respect of any matter under this Act: l: prescribing the procedure for the election of members of the New Zealand Fish and Game Council, and the nomination and election of members of Fish and Game Councils: m: authorising any conservation organisation to reimburse travelling expenses incurred by any of its members in the course of their duties as members of the organisation, if no such provision is made elsewhere in this Act: n: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any lawful direction or requirement made under this Act or any such regulations, and the amount of the fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $5,000 and, where the offence is a continuing one, a further amount not exceeding $50 for every day on which the offence has continued: o: providing for such matters as may be contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Any regulations made under subsection (2)(k) of this section a: specify the person by whom any fees or levies prescribed under this Act are payable: b: prescribe specific fees or levies for specific purposes: c: prescribe a scale of fees or levies or a rate based on the time involved in carrying out the work or services: d: provide for the refund or waiver of any fee or levy by the Minister or the Director-General, in whole or in part, in any specified case or class of cases. 3: Regulations made under this section may apply to all conservation areas, conservation areas of a specified class or description, or any specified conservation area or conservation areas or any specified part of any conservation area. 4: For the purposes of this section, the term conservation organisation 48A: Special regulations relating to freshwater fisheries 1: Without limiting section 48 of this Act a: providing for the establishment of an advisory user group for the Taupo Fishery, and prescribing its functions, powers, proceedings, and other necessary matters: b: prescribing a total allowable catch in respect of any freshwater fish, freshwater fishery, or method of fishing for freshwater fish: c: prescribing the forms and classes of licence to fish for freshwater fish or sports fish, and providing for the issue of such licences and for the disposal of fees for such licences and of fines recovered under this Act: d: providing for the Minister to appoint agents and authorise such agents and Fish and Game Councils to issue, on such conditions as may be prescribed in the regulations, licences authorising the holder to fish for sports fish, and providing for licence fees to be paid to such agents and such Councils: e: prescribing the scope and effect of licences to fish for freshwater fish or sports fish or any specified class of licences, and providing for licences issued in respect of any region to be available in any other region or regions or in all regions: f: regulating or prohibiting the taking or possession or sale of any specified freshwater fish: g: providing for the issue, refusal, renewal, suspension, revocation, modification, and imposition by the regulations or the Director-General of conditions on licences for persons who wish to acquire or be in possession in prescribed circumstances of fish taken for the purposes of sale: h: providing for the recognition of licences granted under any other Act as licences for the purposes of this Act: i: providing for the variation, renewal, and revocation of licences to fish for freshwater fish or sports fish and for the refusal of the issue of licences in certain cases: j: providing for the payment to a Fish and Game Council of any fines or licence fees for the purposes of the distribution, rearing, cultivation, or protection of sports fish in the area under the jurisdiction of that Council, or, with the approval of the Minister given upon or subject to such conditions as the Minister thinks fit, for the purpose of applying the same or any part thereof either alone or jointly with any other Council for any such purpose in the area of any Council, or for any related purpose approved by the Minister: k: providing for the payment to the Director-General of any fines or licence fees for the purposes of the distribution, rearing, cultivation, or protection of freshwater fish in any area, or, with the approval of the Minister given upon or subject to such conditions as the Minister thinks fit, for any related purpose: l: authorising the Director-General, subject to such conditions as may be prescribed in the regulations, to regulate the use of electric fishing devices for the taking of freshwater fish or sports fish: m: regulating, restricting, or imposing conditions on the canning, smoking, freezing, or other preserving of trout or other specified freshwater fish and the possession thereof when canned, smoked, frozen, or otherwise preserved; and providing for the inspection of canneries, smokehouses, freezing chambers, refrigerating works, and any premises (not being a dwellinghouse) where freshwater fish are canned, smoked, frozen, preserved, treated, dressed, or stored: n: requiring and authorising the provision of devices and facilities to permit or control the passage of freshwater fish or sports fish through or around any dam or other structure impeding the natural movement of fish upstream or downstream: o: authorising the establishment of fish hatcheries by Fish and Game Councils, or the Department, and regulating the management and operation of such establishments: p: to prohibit or impose conditions and restrictions on the possession, or the retention in captivity, or the transfer to or release into any waters, of any live aquatic life: q: prescribing the conditions of, and rentals payable in respect of, fishing competitions. 2: Any such regulations— a: may apply generally throughout New Zealand or New Zealand freshwaters or be made to apply only within such area or areas as may be defined in that behalf: b: may apply special conditions or confer special rights in relation to fishing by specified communities. 3: Subject to subsection (4) of this section subsection (1)(j) of this section 4: Before entering any premises pursuant to subsection (3) of this section 28: Errors of description in notices may be corrected The principal Act is hereby amended by inserting, after section 50 50A: 1: Where in any notice published in the Gazette 2: Every fresh notice or amending notice under this section shall, according to its tenor, take effect as from the date on which the original notice was intended to take effect or as from such other date as may be specified in that behalf in the fresh or amending notice. 29: Powers of Director-General Section 53 3: Without limiting the generality of subsection (1) of this section a: may enter into agreements or arrangements with any person for the purposes of joint research and development work on freshwater fishery resources, and any such agreement or arrangement may include the use of facilities owned by that person: b: may prepare and carry out, or commission the carrying out of, research, surveys, and investigations, or any of them, into freshwater fisheries: c: may issue plans and publications relating to freshwater fish: d: shall advocate the conservation of aquatic life and freshwater fisheries generally: e: shall manage the Taupo Fishery: f: shall acquire by means of purchase or otherwise and protect habitats: g: shall control any introduced species causing damage to any indigenous species, habitat, property, or interests. 4: In relation to the Taupo Fishery, the Director-General shall have all the powers of a Fish and Game Council under this Act. 5: Any agreement or arrangement entered into under subsection (3)(a) of this section 30: Delegation of powers by Minister 1: Section 57 subsection (1) 1: Subject to subsection (1A) of this section 1A: The Minister shall not delegate to the Conservation Authority or to any Conservation Board any of the Minister's powers and functions under Part VA of this Act 2: Section 57(2) Director-General , the Authority, or the Board, as the case may be, 3: This section shall be deemed to have come into force on the 1st day of April 1987. 31: Warranted officers 1: Section 59 subsection (3) 3A: Any warranted officer may be appointed for the particular or general purposes of this Act specified in the warrant issued to that person. 2: Section 59(9) the National Parks Act 1980 or any person who is a Fishery Officer or an Honorary Fishery Officer appointed under Part VI of the Fisheries Act 1983 3: Every warrant under Part 6 subsection (2) of this section 32: Director-General may recover certain costs Section 60B section 3 of the Conservation Amendment Act 1988 8: Notwithstanding subsection (2) of this section Ombudsmen Act 1975 Official Information Act 1982 33: Existing leases, licences, etc Section 64 subsection (4) 4: Where, at the commencement of this subsection, any person has under a lease or licence of any land of the Crown a right to acquire the freehold title for that land, the following provisions shall apply: a: that person may, subject to the provisions of the lease or licence under which the right is conferred, exercise that right at any time during the currency of the lease or licence: b: the exercise of that right shall not constitute a disposition for the purposes of section 16 or section 24 of this Act 4A: Where a lessee or licensee of any land vested in Land Corporation of New Zealand Limited, being land that was acquired from the Crown, exercises under that person's lease or licence a right to acquire the freehold title for that land, the exercise of that right shall not constitute a disposition for the purposes of section 16 or section 24 of this Act 34: Powers under forestry and Crown leases, etc, exercisable by Minister or Director-General The principal Act is hereby amended by inserting, after section 64A section 4 of the Conservation Amendment Act (No 2) 1988 64B: 1: This section shall apply to— a: land in any conservation area: b: land to which section 61 of this Act c: land to which section 62 of this Act 2: Subject to subsection (3) of this section a: is conferred by any provision in any lease, licence, permit, consent, or other authority for the time being in force in respect of any land to which this section applies; and b: at the time it was conferred was expressed to be exercisable by— i: the Minister of Forests; or ii: the Minister of Lands; or iii: the Director-General of Forests, or any other specified office holder in the New Zealand Forest Service; or iv: the Director-General of Lands, or any other specified office holder in the Department of Lands and Survey; and c: would have been exercisable by one of the persons referred to in paragraph (b) of this subsection 3: The Minister or the Director-General, as the case may be, shall consult the Minister of Energy before exercising any such power if it relates to or affects any mining privilege. 4: Where a lease, licence, permit, consent, or other authority contains a power to which subsection (2) of this section a: to enforce any conditions of the lease, licence, permit, consent, or other authority: b: in respect of breaches of the conditions: c: in respect of any act or omission contrary to the terms upon which the lease, licence, permit, consent, or other authority was granted. 5: Notwithstanding section 32(1) of the State-Owned Enterprises Act 1986 subsections (2) and (3) of this section Forests Act 1949 sections 14, 30, 33, 36, 37, and 40 to 44 of the Forests Act 1949 35: Amendments and savings 1: Section 65 subsection (5) 5: The State Forest Parks and Forest Recreation Regulations 1979 section 48 of this Act 2: Section 65 subsection (12) 12: The following provisions shall apply in respect of every management plan approved under any former Act in relation to the management of any area that, on or after the commencement of this Act, became or becomes a conservation area or an area subject to section 61 or section 62 of this Act a: except to the extent that it is inconsistent with this Act, every such plan shall have effect as if it were a conservation management plan: b: any such plan may be replaced under this Act by a conservation management plan prepared under this Act: c: any such plan or any part of any such plan that is inconsistent with any provision of this Act may, with the agreement of the appropriate Conservation Board, be declared by the Minister to have been withdrawn; and any plan or part declared to have been withdrawn under this paragraph shall cease to have effect: d: where the objectives of any such plan are generally consistent with this Act, and the Director-General and the appropriate Conservation Board agree, the plan may be reviewed under section 17H section 17I of this Act Transitionals, consequential amendments, and savings 36: Bodies abolished The following bodies are hereby abolished: a: the Nature Conservation Council: b: the Hauraki Gulf Maritime Park Board: c: the Queen Elizabeth Park Domain Board: d: the Waipoua Forest Sanctuary Advisory Committee established under the Waipoua Forest Sanctuary Advisory Committee Regulations 1952 e: the National Recreational Hunting Advisory Committee established under section 29 f: every State Forest Park Advisory Committee established under the State Forest Parks and Forest Recreation Regulations 1979 37: Amendments The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule. 38: Schedule 1 amended Schedule 1 The Hauraki Gulf Maritime Park Act 1967 The Nature Conservation Council Act 1962 39: Freshwater Fisheries Regulations 1983 1: Freshwater Fisheries Regulations 1983 sections 48 48A a: every reference to acclimatised fish shall be read as a reference to sports fish: b: every reference to acclimatisation societies shall be read as a reference to Fish and Game Councils within the meaning of the principal Act: c: every reference to an acclimatisation district shall be read as a reference to the area of jurisdiction of the Fish and Game Council for that area. 2: 3: The Freshwater Fisheries Regulations 1983 section 48 section 48A Section 39(1) amended 1 April 1993 section 173(2) Electricity Act 1992 Section 39(2) repealed 1 April 1993 section 173(2) Electricity Act 1992 Section 39(3) amended 1 April 1993 section 173(2) Electricity Act 1992 40: Regulations relating to whitebait 1: The Fisheries (West Coast Whitebait Fishing) Regulations 1985 regulation 16 section 48A 2: Every reference in the Fisheries (West Coast Whitebait Fishing) Regulations 1985 41: Repeals The following enactments are hereby repealed: a: section 10 b: the Nature Conservation Council Act 1962 c: the Hauraki Gulf Maritime Park Act 1967 d: section 5 e: section 2 f: section 4 g: so much of Schedule 2 Reserves and Other Lands Disposal Act 1954 42: Revocations 1: The following regulations are hereby revoked: a: the Waipoua Forest Sanctuary Advisory Committee Regulations 1952 b: the Council of North Island Acclimatisation Societies Regulations 1959 c: the Council of South Island Acclimatisation Societies Regulations 1978 d: Part 1 regulations 3 to 12 e: the Central North Island Wildlife Conservancy Council Regulations 1980 2: The Acclimatisation Societies Rules Notice 1956 43: Transitional provisions in respect of Queen Elizabeth Park Domain Board 1: As soon as practicable after the commencement of this Act, the Minister of Conservation shall, in accordance with section 28 2: The appointment of the Wellington Regional Council to control and manage the park shall take effect on and from the commencement of section 41 3: All proceedings pending by or against the Queen Elizabeth Park Domain Board immediately before the commencement of section 41 4: On the appointment of the Wellington Regional Council to control and manage Queen Elizabeth Park, all of the assets and liabilities of the Board (including all real and personal property, money, contracts, and engagements) shall become the assets and liabilities of the Council. 44: Transitional provisions in respect of Nature Conservation Council 1: Notwithstanding section 41 2: A copy of the report referred to in subsection (2) of this section 3: All proceedings pending by or against the Nature Conservation Council immediately before the commencement of section 41 45: Transitional provisions in respect of Hauraki Gulf Maritime Park Board 1: Notwithstanding section 41 section 9 of the Hauraki Gulf Maritime Park Act 1967 section 41 paragraphs (a) to (d) of section 65(12) 2: All proceedings pending by or against the Hauraki Gulf Maritime Park Board immediately before the commencement of section 41 46: Certain public notices to have legal effect Every public notice given by or on behalf of the Minister of Conservation before the commencement of this Act, being a notice calling for nominations for appointment to the New Zealand Conservation Authority or any Conservation Board, shall be as valid and effectual as if the provisions of sections 6D 6P section 5 47: Transitional All such things as may be necessary for the purpose of bringing into force any of sections 6A 6L 26B 26P 2: Amendments to Marine Reserves Act 1971 48: Part to be read with Marine Reserves Act 1971 This Part of this Act shall be read together with and deemed part of the Marine Reserves Act 1971 49: Interpretation Section 2 Board section 6L of the Conservation Act 1987 Conservation Authority section 6A of the Conservation Act 1987 conservation management plan section 8 of this Act conservation management strategy section 17F of the Conservation Act 1987 . 50: Marine reserves to be maintained in natural state and public to have right of entry Section 3 subsection (3) section 2 of the Marine Reserves Amendment Act 1977 3: For the purposes of this section but subject to any authorisation given under section 11(b) of this Act a: persons (not being persons holding a permit issued under Part IV of the Fisheries Act 1983 Gazette subsection (1) of this section b: in accordance with such conditions as to time, place, species of fish, methods, and gear to be used in fishing, as may be specified in the notice; and c: where not inconsistent with any conditions imposed under paragraph (b) of this subsection Fisheries Act 1983 51: Governor-General may declare an area to be a marine reserve Section 4(4) or in any bylaws 52: Procedure for declaring a marine reserve Section 5 subsection (9) 9: If, after consideration of all objections, the Minister is of the opinion that no objection should be upheld and that to declare the area a marine reserve will be in the best interests of scientific study and will be for the benefit of the public, and it is expedient that the area should be declared a marine reserve, either unconditionally or subject to any conditions (including any condition as to providing the cost of marking the boundaries of the marine reserve under section 22 of this Act Part IV of the Fisheries Act 1983 53: New sections relating to management substituted in principal Act The principal Act is hereby amended by repealing sections 6 to 16 6: General policy 1: The Minister may approve statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge. 2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act. 3: For the purposes of this section, sections 17B(3), 17B(4), and 17N of the Conservation Act 1987 a: in addition to the consultation required by section 17B(3)(a) of that Act b: as soon as practicable after a draft policy is prepared under section 17B(3) of that Act paragraph (a) of this subsection c: before sending a draft policy to the Conservation Authority, the Director-General shall consider any comments made by the persons referred to in paragraph (a) of this subsection 7: Conservation management strategies 1: Every conservation management strategy shall establish objectives for the integrated management of marine reserves under this Act. 2: For the purposes of this section, the following provisions shall apply in addition to those in section 17F of the Conservation Act 1987 a: the Director-General shall consult the Director-General of Agriculture and Fisheries before notifying a draft strategy under section 17F(a) of that Act b: as soon as practicable after the draft strategy has been prepared, the Director-General shall send a copy of the draft strategy to the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all affected regional councils constituted under the Local Government Act 1974 c: before sending the draft strategy to the Conservation Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and such regional councils. 8: Conservation management plans 1: The purpose of a conservation management plan under this section is to establish objectives for the management of a marine reserve or reserves. 2: For the purposes of this section, sections 17E (except subsections (1), (4), (6), and (7)), 17G, and 17N of the Conservation Act 1987 a: in addition to the consultation required by section 17F(a) of that Act section 17G(1) of that Act Local Government Act 1974 b: in addition to the notification required by section 17F(a) of that Act c: before sending the draft plan to the Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all such affected regional councils. 9: Control and management of reserves Subject to this Act, the Director-General shall administer, manage, and control marine reserves in accordance with approved general policies, conservation management strategies, and conservation management plans. 10: Particular functions of Director-General in relation to marine reserves The Director-General shall— a: inquire into and report to the Minister on any matter arising out of or relating to marine reserves or marine life within or outside reserves that the Minister may refer to the Director-General for a report: b: advise the Minister on matters relating to the administration, management, control, protection, and regulation of marine reserves and to make recommendations on those matters as the Director-General thinks fit. 11: Particular powers of Director-General in relation to marine reserves Without limiting the generality of section 9 of this Act a: manage reserves in the interests of the conservation, propagation, and preservation of species, and ensure the protection and wellbeing of marine life of reserves: b: authorise the taking for scientific purposes of any specimens of marine life or material in any reserve, and prescribe the conditions of such taking and retention or disposal of those specimens or for their return to any reserve: c: take such steps as may be necessary to ensure the continued welfare of any reserve in the interests of scientific study of marine life and for the enjoyment of the reserve by the public. 12: Conservation objectives to be considered by Director-General In the exercise of any of the powers conferred on the Director-General by this Act, the Director-General shall have regard to the desirability of preserving the natural features and marine life of reserves, and, in particular, shall ensure that— a: reserves are maintained so far as possible in a state of nature; and b: reserves are available for the purposes of scientific research. 13: Conservation function of New Zealand Conservation Authority The New Zealand Conservation Authority shall bring to the attention of the Director-General such matters concerning the welfare of marine reserves as it considers necessary to promote the continued welfare of marine reserves. 54: Rangers Section 17 subsection (7) 7: Every member of the police, every person appointed as a Fishery Officer under subsection (1) subsection (4) of section 76 of the Fisheries Act 1983 subsection (1) subsection (9) of section 59 of the Conservation Act 1987 55: Powers of rangers Section 18(1) a: by omitting from paragraph (a) management committee Director-General b: by omitting from paragraph (f) has reason to suspect reasonably believes 56: Offences within a reserve 1: Section 19 a: by omitting from subsection (1) management committee for that reserve Director-General b: by omitting from subsections (1)(j), (3), (6), and (7) management committee Director-General 2: Section 19 subsection (8) 8: Any marine life found illegally in the possession of any person in or in the vicinity of a reserve may be seized by any ranger for that reserve, and shall, if alive and likely to survive, be returned to the reserve, or, if survival is unlikely, shall be disposed of as may be directed by the Director-General in any specific instance or according to any regulations made under this Act, if provided for by such regulations. 57: Time within which information may be laid Section 20 or bylaw 58: Boundaries of marine reserves to be marked The principal Act is hereby amended by repealing section 22 22: 1: Subject to subsection (2) of this section 2: The Director-General shall act under this section only with the concurrence of the Secretary for Transport. 59: Rights of access and navigation Section 23 a: by omitting from subsection (1) bylaw regulations b: by omitting from subsection (2) or bylaws 60: Regulations Section 24 2: Without limiting the generality of subsection (1) of this section a: provide for the management, safety, and preservation of reserves, the conduct and control of scientific study within reserves, and the safety and preservation of the marine life in reserves: b: provide for the keeping of order in any reserve: c: authorise the Director-General to exclude the public from any specified part or parts of any reserve: d: prescribe the conditions on which persons shall have access to or be excluded from any reserve or part of any reserve: e: prescribe the conditions on which persons may remain within any reserve: f: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fines that may be imposed on summary conviction in respect of any such offences, which fines shall be an amount not exceeding $200. 61: Management committees abolished Every management committee established under section 7 62: Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 1: The Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 section 24 2: References in the Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 3: The Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 4: Every person who commits a breach of the Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 5: Clause 17 of the Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 Section 62(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 63: Poor Knights Islands Marine Reserve Bylaws 1989 1: The Poor Knights Islands Marine Reserve Bylaws 1989 section 24 2: References in the Poor Knights Islands Marine Reserve Bylaws 1989 3: The Poor Knights Islands Marine Reserve Bylaws 1989 4: Every person who commits a breach of the Poor Knights Islands Marine Reserve Bylaws 1989 5: Clause 17 of the Poor Knights Islands Marine Reserve Bylaws 1989 Section 63(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 3: Amendments to Wildlife Act 1953 64: Part to be read with Wildlife Act 1953 This Part of this Act shall be read together with and deemed part of the Wildlife Act 1953 65: Interpretation Section 2(1) district society conservation management plan section 14E of this Act conservation management strategy Conservation Act 1987 Fish and Game Council section 26P of the Conservation Act 1987 . 66: Alteration of Schedules Section 8(3) acclimatisation district under the control of a society area under the jurisdiction of a Fish and Game Council 67: Wildlife management reserves Section 14A section 6(1) of the Wildlife Amendment Act 1980 paragraph (c) of the proviso to subsection (1) c: no Proclamation issued under this subsection shall affect any land owned or leased by a Fish and Game Council without the consent of that Council: . 68: New sections relating to planning substituted in principal Act The principal Act is hereby amended by repealing the heading above section 14B sections 14B 14C section 6(1) of the Wildlife Amendment Act 1980 Management planning 14B: Wildlife areas to be managed by Department Subject to this Act, the Department shall manage all wildlife sanctuaries, wildlife refuges, and wildlife management reserves in accordance with— a: any statements of general policy approved under section 14C of this Act b: any conservation management strategy and any conservation management plan for the time being in force for the area concerned. 14C: General policy 1: The Minister may approve statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge. 2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act. 3: For the purposes of this section, sections 17B (except subsections (1) and (2)) and 17N of the Conservation Act 1987 14D: Conservation management strategies 1: Every conservation management strategy shall establish objectives for the management of wildlife, including any species and any wildlife sanctuary, wildlife refuge, and wildlife management reserve in the area to which it relates. 2: No work (other than necessary work associated with the day to day administration and management of the wildlife sanctuary, wildlife refuge, or wildlife management reserve) shall be undertaken on any wildlife sanctuary, wildlife refuge, or wildlife management reserve before a conservation management strategy or conservation management plan for that area is approved. 14E: Conservation management plans 1: The purpose of a conservation management plan under this section is to establish objectives for the management of any wildlife sanctuary, wildlife refuge, or wildlife management reserve, or any combination of them. 2: Nothing in section 41 of the Reserves Act 1977 3: Subject to subsection (4) of this section sections 17E (except subsections (1), (4), and (6)), 17G 4: Where a draft conservation management plan under this section relates to a wildlife sanctuary, wildlife refuge, or wildlife management reserve established on land other than land of the Crown, the Director-General may determine that the provisions of paragraphs (a) to (j) of section 17F of the Conservation Act 1987 section 17G(1) of that Act 5: All management plans approved under this Act before the commencement of this section shall be deemed to have been approved under this section. 69: Notification as to conditions on which open season declared Section 16 paragraph (c) of the proviso to subsection (2) section 5(2) of the Wildlife Amendment Act 1959 society Fish and Game Council 70: Hunting or killing in game areas Section 17 section 2(1) of the Wildlife Amendment Act 1972 a: by omitting from subsection (4) society Fish and Game Council b: by omitting from subsection (4) a district the area concerned c: by omitting from subsection (5) society Fish and Game Council 71: Licence to hunt or kill game 1: Section 19 a: by omitting from subsection (1) in any district in any area b: by omitting from subsection (1) that district that area c: by omitting from subsection (4)(b) acclimatisation society for the district Fish and Game Council for the area concerned d: by omitting from subsection (5) society Fish and Game Council 2: Section 19 subsection (4) 4A: In subsection (3) of this section occupier Conservation Act 1987 72: Holder of licence not to enter on land without consent Section 21(2) section 6 of the Wildlife Amendment Act 1983 a: by omitting from paragraph (b) society Fish and Game Council b: by omitting from paragraph (c) society body 73: Acclimatisation districts abolished 1: Acclimatisation districts are hereby abolished. 2: The heading immediately above section 24 74: Acclimatisation societies abolished 1: All acclimatisation societies registered or deemed to be registered under the principal Act are hereby abolished. 2: Sections 25 to 36 75: Wildlife districts The principal Act is hereby amended by repealing section 37 37: 1: The Governor-General may from time to time, by Proclamation, declare any portion of New Zealand to be a wildlife district for the purposes of this Act, subject to such conditions as may be specified in the Proclamation or as may be prescribed by regulations made under this Act, and may in like manner revoke or vary any such Proclamation. 2: Without limiting the general power conferred by subsection (1) of this section a: the vesting in the Department or a Fish and Game Council of the control of all species or of any specified species of wildlife (other than game) in the wildlife district: b: where no part of the wildlife district forms part of an area under the jurisdiction of a Fish and Game Council, the vesting in the Department of the control of game in the wildlife district: c: where a part of the wildlife district also forms part of an area under the jurisdiction of a Fish and Game Council, the vesting in the Department of the control of game in such part of the wildlife district as does not form part of that area: d: the prohibition in the wildlife district of the hunting, killing, taking, or disturbing in any manner whatever of wildlife other than game by any person without the express written consent of the Director-General. 3: Where the control of game in any part of a wildlife district is vested in the Department under this section, the provisions of this Act relating to game shall apply with respect to game in that part of the district as if that part were an area under the jurisdiction of a Fish and Game Council; and for that purpose the Director-General shall in that part have all the powers of a Fish and Game Council under this Act. 76: Rangers 1: Section 38(2)(c) an acclimatisation society a Fish and Game Council 2: Section 38(4) constable , and every warranted officer appointed under subsection (1) subsection (9) of section 59 77: Minister's general powers 1: Section 41(1)(c) acclimatisation societies, 2: Section 41(1) paragraph (f) fa: protect and preserve wildlife that are absolutely protected under this Act: . 78: Tenancies Section 43 acclimatisation society Fish and Game Council 79: Delegation of Minister's powers Section 44(1A) section 8 of the Wildlife Amendment Act 1980 any society, or body, or person any body or person 80: Director-General may authorise taking or killing of wildlife for certain purposes The principal Act is hereby amended by repealing section 53 53: 1: The Director-General may from time to time in writing authorise any specified person to catch alive or kill for any purpose approved by the Director-General any absolutely protected or partially protected wildlife or any game or any other species of wildlife the hunting or killing of which is not for the time being permitted. 2: The Director-General may from time to time in writing authorise any specified person— a: to catch alive or otherwise obtain alive any absolutely protected or partially protected wildlife or any game or any other species of wildlife the taking of which is not for the time being permitted; or b: to take or otherwise obtain the eggs of any such wildlife or game, for the purpose of distributing or exchanging the same in any other country or in some other part of New Zealand, or for any scientific or other purpose approved by the Director-General, or for the purpose of rearing any such wildlife or game, or for the purpose of hatching any such eggs and of rearing any progeny arising from that hatching,— and may in any such authority authorise the holder to have any such wildlife or game or eggs or progeny in his or her or its possession for any of the purposes specified in this subsection, and may in any such authority authorise the holder to liberate any such wildlife or game or progeny in such area and during such period as may be specified in the authority. 3: The Director-General may give to any Fish and Game Council any written authority that may be given under subsection (1) or subsection (2) of this section 4: Where any such authority is given to a Fish and Game Council, the powers that may be exercised by the Council pursuant to that authority may be exercised on its behalf by any officer or employee of the Council or by any other person authorised in writing by the Council. 5: Any authority granted under any of the foregoing provisions of this section may contain such conditions as the Director-General may impose. Without limiting the general power of the Director-General to impose any conditions, the Director-General may in any such authority impose all or any of the following conditions: a: prescribing the means by which any such wildlife or game or eggs may be caught or killed or taken: b: prescribing the areas in which any such wildlife or game or eggs may be caught or killed or taken: c: providing for the sale or other disposal of any such wildlife or game or eggs: d: prescribing the duration of the authority: e: providing for the revocation of the authority and for the issue of any other authority in its place: f: providing for the furnishing of returns of the numbers of any such wildlife or game or eggs caught, killed, or taken: g: in respect of any authority issued pursuant to subsection (2) or subsection (3) of this section i: prescribing the areas in which any such wildlife or game may be kept or any such eggs may be hatched and any such progeny reared: ii: prescribing the types of cages, runs, or other enclosures in which any such wildlife or game or progeny may be kept: iii: providing for the planting of any plants or of any specified kind of plants in or adjacent to any such cage, run, or other enclosure: iv: prescribing the areas where any such wildlife or game or progeny may be liberated: v: providing for inspection by officers or servants of the Department at all reasonable times. 6: Notwithstanding anything in any other provision of this Act, any authority issued under this section may contain conditions authorising the holder to use, for the purpose of catching alive or killing any wildlife or game, any live decoys or any net or noose or trap or any firearm or any other method the use of which is otherwise expressly prohibited by this Act or by any regulations made under this Act. 7: Every person to whom any authority is granted under or pursuant to this section or, where the authority is given to a Fish and Game Council, the Council and every officer or employee of the Council or other person exercising the powers of the Council pursuant to that authority who commits a breach of or fails to comply with any condition on which the authority was granted commits an offence against this Act. 81: Director-General may authorise hunting or killing of wildlife causing damage 1: Section 54(1) or the society for the district in which the land is situated, 2: Section 54 subsection (2) 2: The Director-General may give to any Fish and Game Council any written authority that may be given under subsection (1) of this section 3: The provisions of subsections (4), (6), and (7) of section 53 of this Act 82: Ownership of animals Section 57 a: by repealing subsection (1) b: by omitting from subsection (3) Subject to the provisions of subsection (1) of this section 83: Person in pursuit of wildlife to comply with demand by authorised officer Section 61(3) paragraph (c) 84: Evidence of boundaries, etc. Section 69(1) or acclimatisation district or wildlife district section 11 of the Wildlife Amendment Act 1959 or wildlife district 85: Forfeitures Section 70(4) section 3 of the Wildlife Amendment Act 1971 a: by omitting the words an acclimatisation society other than a department of State a Fish and Game Council b: by omitting the word society Council 86: Regulations Section 72 a: by repealing paragraphs (p), (q), (r), and (s) of subsection (2) b: by repealing subsection (4) 87: Repeals, savings, and consequential amendments Section 73(3) 88: Repeals The following enactments are hereby consequentially repealed: a: sections 4 and 5 of the Wildlife Amendment Act 1956 b: section 11 of the Wildlife Amendment Act 1959 c: section 6 and paragraph (9) of section 7(2) of the Wildlife Amendment Act 1964 89: Assets and liabilities of acclimatisation societies 1: Notwithstanding section 74 Wildlife Act 1953 a: by the 31st day of August 1990, each society shall forward to the Minister of Conservation— i: a report of its operations since the end of the previous financial year; and ii: an audited statement of accounts showing in detail its receipts and expenditure since the end of the previous financial year; and iii: such other information relating to its assets and liabilities as the Minister may require: b: the Minister shall identify the assets and liabilities of each society and transfer those assets and liabilities (including all real and personal property, money, contracts, and engagements) to the Transitional New Zealand Fish and Game Council and Transitional Fish and Game Councils, as the Minister considers appropriate; and those assets and liabilities shall vest in the Transitional Councils to which they are so transferred: c: the Minister may transfer to an appropriate Transitional Council any assets of a former acclimatisation society that are being held in trust at the commencement of this Act: d: on the disestablishment of Transitional Councils, the Minister shall transfer their assets and liabilities to the New Zealand Fish and Game Council and Fish and Game Councils, as the Minister considers appropriate; and those assets and liabilities shall vest in the Councils to which they are so transferred: e: all proceedings pending by or against any society may be carried on, completed, and enforced by or against the Fish and Game Council for the area in which that society formerly operated before the commencement of this Act: f: district Land Registrars are hereby directed and empowered to do all such things as are reasonably necessary to give effect to the transfer of any land under this subsection. 2: Subject to subsection (3) of this section section 74 3: Any person who, immediately before the commencement of section 74 4: Every person who accepts employment under subsection (2) of this section paragraphs (b) and (c) of subsection (1) of this section 5: Notwithstanding section 74 Fisheries Act 1983 6: Notwithstanding anything in subsection (1) of this section a: the assets of the Council of North Island Acclimatisation Societies: b: the assets of the Council of South Island Acclimatisation Societies: c: the assets of the National Executive of Acclimatisation Societies: d: the assets vested in or held by the Minister or any department of State in his or her or its capacity as the person having control of an acclimatisation district under the Wildlife Act 1953 and, upon such transfer, the following provisions apply: e: the assets so transferred shall vest in the New Zealand Fish and Game Council or the Fish and Game Council, as the case may be: f: nothing in the Public Works Act 1981 Part 4A g: all proceedings pending by or against the Council or Executive whose assets are so transferred, or by or against the Minister or a department of State in his or her or its capacity as the person having control of such a district, may be carried on, completed, and enforced by or against the body to whom the assets are so transferred: h: District Land Registrars are hereby directed and empowered to do all such things as are reasonably necessary to give effect to the transfer of any land under this subsection. Section 89(6) added 13 March 1996 section 10 Wildlife Amendment Act 1996 4: Amendments to Reserves Act 1977 90: Part to be read with Reserves Act 1977 This Part of this Act shall be read together with and deemed part of the Reserves Act 1977 91: Interpretation Section 2(1) National Parks and Reserves Authority section 80(1) Nature Conservation Council Authority section 6A of the Conservation Act 1987 Conservation Board section 6L of the Conservation Act 1987 conservation management plan section 40B of this Act conservation management strategy section 17F of the Conservation Act 1987 . 92: Rangers Section 8 12: Every warranted officer within the meaning of the Conservation Act 1987 93: Committees Section 9 subsection (3) section 80(1) 3: The Minister may appoint the Authority or any Conservation Board to be a committee for the purposes of this section. 94: New Part 2A inserted into principal Act The principal Act is hereby amended by inserting, after Part 2 2A: Policy 15A: General policy 1: The Minister may approve statements of general policy for the implementation of this Act and for any reserve or reserves of any class or description; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge. 2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act. 3: The administering body shall in the exercise of its functions comply with general policies under this section. 4: For the purposes of this section, sections 17B (except subsections (1) and (2)) and 17N (except subsection (2)) of the Conservation Act 1987 a: where the draft policy relates solely to the implementation of this Act in relation to reserves administered by bodies other than the Department, the Minister may approve the draft without consulting the Authority; and, in that case,— i: the Director-General shall send the draft and the summary prepared under section 17B(3)(i) of that Act ii: paragraphs (j) to (l) of section 17B(3) of that Act b: no such general policy shall restrict or affect the exercise of any legal right or power by any person other than the Minister or the Director-General or an administering body. 95: Functions of administering body Section 40 2: Every administering body of a reserve that includes any part of the Wanganui River shall, in carrying out its functions, have regard to the spiritual, historical, and cultural significance of the river to the Whanganui iwi. 96: New sections relating to management planning inserted into principal Act The principal Act is hereby amended by inserting, after section 40 40A: Conservation management strategies 1: Every conservation management strategy shall implement statements of general policy and establish objectives for the management of reserves administered by the Department under this Act. 2: Nothing in any conservation management strategy shall derogate from the relevant provisions of this Act or the purpose for which a reserve is held. 3: The Department shall manage such reserves in accordance with conservation management strategies. 4: While any conservation management strategy affecting a reserve administered by the Department is in force, conservation management plans in respect of that reserve— a: shall not be required to be reviewed: b: may be revoked by the Director-General, after giving notice in accordance with section 119 of this Act section 120 of this Act 40B: Conservation management plans in respect of reserves administered by Department 1: The purpose of a conservation management plan under this section is to implement conservation management strategies and to establish objectives for the management of a reserve or reserves administered by the Department, according to the purpose or purposes for which that reserve is classified or those reserves are classified. 2: Nothing in section 41 of this Act 3: Any such plan may relate to any reserve or reserves of any classification. 4: The Department shall manage such reserves in accordance with conservation management plans. 5: Nothing in any conservation management plan shall derogate from any provision in— a: this Act or any other Act; or b: any general policy approved under section 15A of this Act c: any conservation management strategy. 6: Every management plan in force at the commencement of this section, that has been approved under section 41 of this Act 7: Every draft management plan that, at the commencement of this section, is proposed to be approved under section 41 of this Act 8: For the purposes of this section, sections 17E (except subsections (1), (4), and (6)), 17G, and 17N of the Conservation Act 1987 97: Use of reserve for communications station Section 48A(4) section 2 of the Reserves Amendment Act 1981 the approved management plan for the reserve a conservation management strategy or an approved conservation management plan or other management plan approved for the reserve 98: Leasing powers in respect of recreation reserves (except farming, grazing, or afforestation leases) Section 98 repealed 1 July 1996 section 8(2) Reserves Amendment Act 1996 99: Leasing powers in respect of scenic reserves Section 99 repealed 1 July 1996 section 9(2) Reserves Amendment Act 1996 100: Powers in respect of nature reserves Section 57(8) section 6 of the Reserves Amendment Act 1983 approved conservation management strategy, conservation management plan, or 101: Leasing powers in respect of historic reserves Section 101 repealed 1 July 1996 section 10(2) Reserves Amendment Act 1996 102: Powers in respect of scenic reserves Section 59(8) section 8 of the Reserves Amendment Act 1983 approved conservation management strategy, conservation management plan, or 103: Commissioner may authorise person to carry on trade, business, or occupation within reserve Section 59A section 2 of the Reserves Amendment Act 1988 a: by omitting from subsection (2) the management plan of the reserve concerned a conservation management strategy, conservation management plan, or management plan applicable to the reserve concerned b: by omitting from subsection (7) the reserve's management plan any conservation management strategy, conservation management plan, and management plan applicable to the reserve, 104: Bylaws Section 106(1) paragraph (c) c: prescribing the conditions on which persons shall have access to or be excluded from any reserve or any part of a reserve, or on which persons may use any facility (including any building) in a reserve, and fixing charges for the admission of persons to any part of a reserve and for the use of any such facility: . 5: Amendments to Marine Mammals Protection Act 1978 105: Part to be read with Marine Mammals Protection Act 1978 This Part of this Act shall be read together with and deemed part of the Marine Mammals Protection Act 1978 106: Interpretation Section 2(1) Board section 6L of the Conservation Act 1987 Conservation Authority section 6A of the Conservation Act 1987 conservation management plan section 3D of this Act conservation management strategy section 17F of the Conservation Act 1987 . 107: New sections relating to management planning inserted into principal Act The principal Act is hereby amended by inserting, after section 3 3A: Department of Conservation to administer marine mammals and sanctuaries The Department of Conservation shall administer and manage marine mammals and marine mammal sanctuaries in accordance with— a: any statements of general policy approved under section 3B of this Act b: any conservation management strategy and any conservation management plan for the time being in force for the area concerned. 3B: General policy 1: The Minister may approve statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge. 2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act. 3: For the purposes of this section, sections 17B (except subsections (1) and (2)) and 17N of the Conservation Act 1987 a: in addition to the consultation required by section 17B(3)(a) of that Act b: as soon as practicable after a draft policy is prepared under section 17B(3) of that Act paragraph (a) of this subsection c: before sending a draft policy to the Conservation Authority, the Director-General shall consider any comments made by the persons referred to in paragraph (a) of this subsection 3C: Conservation management strategies 1: Every conservation management strategy shall establish objectives for the integrated management of marine mammals under this Act. 2: For the purposes of this section, the following provisions shall apply in addition to those in section 17F of the Conservation Act 1987 a: in addition to the consultation required by section 17F(a) of that Act Local Government Act 1974 b: in addition to the notification required by section 17F(a) of that Act c: before sending the strategy to the Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all such affected regional councils. 3D: Conservation management plans 1: The purpose of a conservation management plan under this section is to establish objectives for the management of a marine mammal sanctuary or sanctuaries. 2: For the purposes of this section, sections 17E (except subsections (1), (4), (6), and (7)), 17G, and 17N of the Conservation Act 1987 a: in addition to the consultation required by section 17F(a) of that Act section 17G(1) of that Act Local Government Act 1974 b: in addition to the notification required by section 17F(a) of that Act c: before sending the plans to the Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all such affected regional councils. 6: Amendments to National Parks Act 1980 108: Part to be read with National Parks Act 1980 This Part of this Act shall be read together with and deemed part of the National Parks Act 1980 109: Interpretation 1: Section 2 a: by repealing the definition of the terms National Parks and Reserves Authority Authority b: by repealing the definition of the terms National Parks and Reserves Board Board 2: Section 2 Authority section 6A of the Conservation Act 1987 Board section 6L of the Conservation Act 1987 conservation management strategy section 17F of the Conservation Act 1987 . 110: Wilderness areas Section 110 repealed 25 November 1994 National Parks Amendment Act 1994 111: Functions of Authority Section 18 a: by omitting from paragraph (b) changes amendments b: by repealing paragraph (f) 112: National Parks and Reserves Authority abolished 1: The National Parks and Reserves Authority is hereby abolished. 2: The heading above section 17 sections 19 to 27 3: Notwithstanding subsections (1) and (2) of this section 4: A copy of the report referred to in subsection (3) of this section 5: All proceedings pending by or against the National Parks and Reserves Authority immediately before the commencement of this Act may be carried on, completed, and enforced by or against the New Zealand Conservation Authority. 113: Functions of Boards 1: Section 30 paragraph (a) a: to recommend management plans, and the review or amendment of such plans, for parks within the jurisdiction of the Board in accordance with sections 45 to 47 of this Act . 2: Section 30 paragraph (e) 3: Section 30 2: The Board having jurisdiction in respect of the Whanganui National Park shall, in carrying out its functions,— a: have regard to the spiritual, historical, and cultural significance of the Wanganui River to the Whanganui iwi; and b: seek and have regard to the advice of the Whanganui River Maori Trust Board on any matter that involves the spiritual, historical, and cultural significance of the park to the Whanganui iwi. 114: National Parks and Reserves Boards abolished 1: Every National Parks and Reserves Board established under section 29 2: The heading above section 29 sections 31 to 38 115: Rangers Section 40(8) constable, every warranted officer appointed under subsection (1) subsection (9) of section 59 116: Parks to be administered by Department Section 43 paragraph (a) aa: any conservation management strategy for the time being in force in respect of a park; and . 117: New heading and section relating to regional management strategies inserted into principal Act The principal Act is hereby amended by inserting, after section 44 Conservation Management Strategies 44A: Conservation management strategies 1: Every conservation management strategy shall establish objectives for the management of national parks and any areas within any such parks, in the area to which it relates. 2: Nothing in any management plan shall derogate from the provisions of any conservation management strategy. 118: Amendment and review of management plans The principal Act is hereby amended by repealing section 46 46: 1: The Director-General and the Board affected shall amend or review the management plan so that it takes account of increased knowledge or changing circumstances. 2: A management plan may be reviewed in whole or in part. 3: Every such plan shall be reviewed and that review approved as a whole at intervals of not more than 10 years in accordance with section 47 of this Act 4: Subject to subsection (5) of this section sections 47 (except subsection (1)) and 48 of this Act 5: Where any such amendment is of such a nature that the Director-General and the Board affected consider that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with in accordance with sections 47 (except subsections (1) to (3)) and 48 of this Act 119: Procedure for preparing and reviewing management plans 1: Section 47(1) and shall, on the direction of that Board, , and shall 2: Section 47(2) a: by omitting the words , on the direction of the Board, b: by omitting from paragraph (c) at places decided by the Board, and section 65(1) at places decided by the Director-General, and 3: Section 47 subsection (3) 3: The Board and the Director-General shall give every person or organisation who or which, in making any comments under subsection (2) of this section 4: Section 47 subsections (4) and (5) 4: The Director-General may, after considering all comments and submissions made under subsections (2) and (3) of this section 5: The Board shall consider the amendments made by the Director-General under subsection (4) of this section a: send the draft back to the Director-General for further consideration and revision and after such consideration send the draft to the Authority for approval; or b: send the draft to the Authority for approval. 6: With every recommendation made under subsection (5) of this section a: a summary of the comments received and a statement of the extent to which they have or have not been accepted; and b: statements of any matters relating to the management plan on which the Director-General and the Board have been unable to reach agreement. 120: Particular powers of Minister Section 120 repealed 1 July 1996 section 5(2)(b) National Parks Amendment Act 1996 121: Accommodation within parks 1: Section 50(1) a: by inserting in paragraph (a) accommodation houses, hotels, b: 2: Section 50 3: Notwithstanding subsection (1) of this section paragraphs (b) and (d) of that subsection 4: Notwithstanding subsection (1) or subsection (3) of this section 5: While a lease or licence granted under subsection (4) of this section a: the person or body carrying out any review of the management plan for the park shall have regard to the provisions of that lease or licence: b: before granting a new lease or licence in place of that lease or licence, or a renewal of that lease or licence, the Minister shall have regard to the provisions of the management plan (if any) that is for the time being in force for the park. Section 121(1)(b) repealed 1 July 1996 section 5(2)(b) National Parks Amendment Act 1996 122: Application of section 11 and Part 10 of the Resource Management Act 1991 to sale of certain hotels 1: Subject to subsection (2) of this section section 11 Part 10 a: the Milford Hotel in Fiordland National Park: b: the Hermitage Hotel in Mount Cook National Park: c: the Glencoe Lodge in Mount Cook National Park: d: the Chateau Hotel in Tongariro National Park. 2: The exemptions conferred by subsection (1) of this section Section 122(1) amended 1 October 1991 section 362 Resource Management Act 1991 Section 122(2) amended 1 October 1991 section 362 Resource Management Act 1991 123: Application of section 14(3) of Conservation Act 1987 to certain leases and licences Notwithstanding section 52 section 14(3) section 49 section 50 section 122 124: Bylaws Section 56(1) paragraph (d) d: prescribing the conditions on which persons shall have access to or be excluded from any park or any part of any park, or on which persons may use any building or facility in a park, and fixing charges for the admission of persons to any part of any park set apart for any specified purpose of public recreation and for the use of any such building or facility: . 125: Ranger may stop and search boats, vehicles, premises, and possessions in park 1: Section 65 within any park, at any time that is reasonable in the circumstances, 2: Section 65 2: When exercising any power conferred by this section, a ranger shall produce evidence of his or her identity and authority whenever reasonably requested to do so. 126: Stopping and searching boats outside parks 1: Section 66(1) paragraph (a) Stop At any time that is reasonable in the circumstances, 2: Section 66 subsection (3) 3: When exercising any power conferred by subsection (1) of this section 127: Schedule 1 amended Schedule 1 a: by repealing so much of that Schedule as relates to the Petroleum Act 1937 b: by repealing so much of that Schedule as relates to the Nature Conservation Council Act 1962 c: by repealing so much of that Schedule as relates to section 26(8)(a) of the Mining Act 1971 d: by repealing so much of that Schedule as relates to the Ombudsmen Act 1975 e: by repealing so much of that Schedule as relates to the Reserves Act 1977 7: Amendments to Fisheries Act 1983 Part 7 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 128: Part to be read with Fisheries Act 1983 Section 128 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 129: Interpretation Section 129 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 130: Fishery management plan Section 130 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 131: Procedure in relation to plans Section 131 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 132: Emergency amendments to plan Section 132 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 133: Minister may impose emergency restrictions before introduction of plan Section 133 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 134: Minister may restrict fishing Section 134 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 135: Restrictions on purchase or acquisition of fish by certain persons Section 135 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 136: Repeal Section 136 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 137: Issue of warrants Section 137 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 138: Powers of seizure Section 138 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 139: Pollution of marine waters Section 139 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 140: Determination of closed seasons for fishing Section 140 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 141: Closed season in exclusive economic zone Section 141 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 142: Repeal Section 142 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 143: Ownership and possession of fish Section 143 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 144: Penalties Section 144 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 145: Provisions relating to forfeited property and quota Section 145 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 146: Repeals Section 146 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996 147: Amendment to Conservation Act 1987 Section 147 repealed 1 October 2001 section 314(2)(k) Fisheries Act 1996

DLM223190

1990

Smokefree Environments and Regulated Products Act 1990

1: 1: This Act is the Smokefree Environments and Regulated Products Act 1990. 2: Part 1 3: Part 2 4: Except as provided in subsections (2) and (3), this Act shall come into force on the day after the date on which it receives the Royal assent. Section 1 heading amended 23 July 2011 section 6(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 1(1) replaced 11 November 2020 section 4 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 2: Interpretation 1: In this Act, unless the context otherwise requires,— additive a: in relation to a tobacco product, means a substance forming part of the product that is not cured tobacco leaf; and includes— i: a substance forming part of the product that has been derived or refined from tobacco leaf (whether cured or not); and ii: any wrapping forming part of the product that is not itself cured tobacco leaf; and b: in relation to a herbal smoking product, means a substance forming part of the product that is not dried, or dried and cured, vegetable matter; and includes— i: a substance forming part of the product that has been derived or refined from vegetable matter; and ii: any wrapping forming part of the product that is not itself dried, or dried and cured, vegetable matter; and c: in relation to a vaping substance, means a substance that is not propylene glycol or vegetable glycerin aircraft section 2 Civil Aviation Act 1990 approved evidence of age document section 5(1) approved Internet site approved smoked tobacco retail premises approved smoked tobacco retailer section 20H approved vaping premises automatic vending machine a: on the insertion of a coin or token or by any other means, dispenses by way of sale regulated b: does not require replenishment between each sale casino section 122 section 137 casino operator's licence section 130 class 4 gambling venue licence section 4(1) coastal cargo section 198(6) company name the Companies Act 1993 constituent craft a: an aircraft: b: a ship (as defined in section 2(1) Maritime Transport Act 1994 database section 77 dedicated room a: enable patients or residents who smoke to smoke, or to socialise with each other in a place where smoking is permitted; or b: enable patients or residents who vape to vape, or to socialise with each other in a place where vaping is permitted Director-General distributor early childhood education and care centre section 10(1) emissions employee employer a: means a person who employs 1 or more employees; and b: includes a person who arranges for volunteers to undertake work enforcement officer section 91 entity a: a body corporate: b: a corporation sole: c: in the case of a trust that has— i: only 1 trustee, the trustee acting in that capacity as trustee: ii: more than 1 trustee, the trustees acting jointly in their capacity as trustees: d: an unincorporated body (including a partnership) flavour a: resulting from an additive or a combination of additives; and b: that is noticeable before or during use of the product foreign ship gambling section 4(1) gambling area general vape retailer heated tobacco product herbal smoking product a: is or contains vegetable matter; and b: is intended to be smoked; but c: contains no tobacco hospital care institution section 58(4) internal area a: means the area determined as an internal area in accordance with regulations made under section 81(1)(3) b: if those regulations are not in force, means an area within or on the premises or vehicle that, when all its doors, windows, and other closeable openings are closed, is completely or substantially enclosed by— i: a ceiling, roof, or similar overhead surface; and ii: walls, sides, screens, or other similar surfaces; and iii: those openings internal flight a: between any 2 or more places in New Zealand; or b: that commences from any place in New Zealand and is intended to terminate at that same place Internet sale regulated product a: has been entered into using the Internet between— i: a seller whose business is or includes offering the product for sale (whether by retail or wholesale); and ii: a person (whether the purchaser or a person acting on the purchaser's behalf) who is at a distance from the seller's place of business; and b: contains a term providing for the product to be delivered by or on behalf of the seller to, or to a place or person chosen by, the purchaser iwi-Māori partnership board section 4 large retailer section 2(1) licensed premises Sale and Supply of Alcohol Act 2012 managers section 7A(4) manufacturer subpart YB Māori Health Authority section 17 Minister Ministry New Zealand continental waters section 222(1) New Zealand resident a: a New Zealand citizen: b: a permanent resident of New Zealand within the meaning of section 73 of the Electoral Act 1993 c: a company incorporated in New Zealand New Zealand ship section 2(1) notifiable product a: a vaping product; or b: a smokeless tobacco product; or c: a herbal smoking product; or d: any other regulated product (other than a smoked tobacco product) declared by regulations to be a notifiable product notifier of the same kind a: in relation to tobacco products and herbal smoking products, means not differing in a manner stated in subsection (2): b: in relation to vaping products and heated tobacco products, means not differing in a manner stated in subsection (2A) office open area package point of sale product request product safety requirements prohibited flavour Part 2 prohibited substance section 70 public service a: means any of the following public service agencies: i: a department: ii: a departmental agency: iii: an interdepartmental executive board: iv: an interdepartmental venture; and b: includes a Crown agent publish a: insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or b: send to any person, by post or otherwise; or c: deliver to any person or leave upon premises in the occupation of any person; or d: broadcast within the meaning of the Broadcasting Act 1989 e: include in any film or video recording; or f: include in any disk for use with a computer; or g: disseminate by means of any other electronic medium; or h: distribute by any means; or ha: display by way of a sign, notice, poster, or other means; or i: bring to the notice of the public in New Zealand in any other manner registered school section 10(1) regulated product regulated product advertisement a: means any words, whether written, printed, or spoken (including on film, video recording, or other medium, or broadcast or telecast), and any pictorial representation, design, or device, used to— i: encourage the use of a regulated product; or ii: notify the availability of a regulated product; or iii: promote the sale of a regulated product; or iv: promote smoking or vaping behaviour; and b: includes— i: any trade circular, any label, and any advertisement in any trade journal; and ii: any depiction of a regulated product or a regulated product trade mark in a film, video recording, telecast, or other visual medium where in return for that depiction any money is paid, or any valuable thing is given, to any person; and iii: the use of the company name of a regulated product manufacturer in any advertisement or promotion to the public where the company name or any part of it is used as, or is included in, a regulated product trade mark,— and advertising regulations residential disability care institution section 58(4) responsible person a: a director, partner, or trustee of the entity; or b: if the entity does not have directors, partners, or trustees, a person who acts in relation to the entity in the same or a similar way as a director, partner, or trustee would were the entity a company, partnership, or trust rest home section 58(4) restaurant retailer school premises a: a registered school; or b: facilities, grounds, structures, or other premises, controlled and managed by the managers of a registered school, and used principally for— i: the enjoyment, recreation, or relaxation of the young people attending the school; or ii: cultural or sporting activities (or both) involving, or undertaken for the benefit of, the young people attending the school ship section 2(1) ship on demise charter to a New Zealand-based operator section 4 smoked tobacco product smokeless tobacco product smoking accessory smoking cessation programme specialist vape retailer section 20P suitably qualified health worker a: a registered health practitioner; or b: a person who— i: has completed the Stop Smoking Practitioners Programme certified by the New Zealand Qualifications Authority (the programme ii: is undertaking the programme and is being supervised by a person who has completed the programme; or iii: is a peer support worker and is being supervised by a person who has completed the programme; or c: a person specified by the Director-General by notice in the Gazette section 24(h) 27(3)(e) taxi section 2(1) to smoke a: means to smoke, hold, or otherwise have control over an ignited tobacco product, weed, or plant; and b: includes to smoke, hold, or otherwise have control over an ignited product or thing whose customary use is or includes the inhalation from it of the smoke produced from its combustion or the combustion of any part of it; but c: does not include to hold or have control over an ignited product or thing customarily used as incense to vape vaping tobacco carton tobacco package a: contains a tobacco product or products; but b: does not contain other tobacco packages within it tobacco product section 20 section 23 toy regulated product a: a toy tobacco product; or b: an object that— i: looks like a vaping product or a heated tobacco product and can be used to simulate vaping; but ii: cannot be used for vaping and has a primary purpose other than to help people to stop vaping toy tobacco product a: looks like a tobacco product or a smoker's pipe, and can be used to simulate smoking; but b: cannot be smoked, is not confectionery, and has a primary purpose other than to help people stop smoking trade mark Trade Marks Act 2002 a: any brand name: b: any company name, where that name is used for advertising or promotional purposes: c: any name, word, or mark that so resembles any trade mark that it is likely to be taken as, or confused with, that trade mark vaping device a: vaporises or aerosolises a substance or a mixture of substances by heating it for the purpose of inhalation through a mouthpiece; and b: is sold as a complete unit or to be assembled from individual components vaping product a: a vaping device: b: a vaping substance: c: any 1 or more components of a vaping device: d: a package containing 2 or more items described in any of paragraphs (a) to (c) vaping substance a: means a substance or mixture of substances that is intended to be vaporised or aerosolised with a vaping device; but b: does not include a medicinal cannabis product within the meaning of regulation 4 section 2A c: does not include a heated tobacco product variant a: sold in tobacco packages that are not of the same kind; or b: sold in packages of a herbal smoking product that are not of the same kind; or c: sold in packages of a vaping product that are not of the same kind; or d: sold in packages of a heated tobacco product that are not of the same kind volunteer a: performs for an employer, otherwise than for hire or reward, any work arranged by or on behalf of the employer; or b: performs for the master of a ship, otherwise than for hire or reward, any work arranged by or on behalf of the owner or master of the ship workplace a: means an area that is— i: an internal area, within or on a building or structure occupied by the employer, usually frequented by employees or volunteers during the course of their employment; or ii: an internal area, within or on a ship (being a ship to which section 10 b: includes a cafeteria, corridor, lift, lobby, stairwell, toilet, washroom, or other common internal area attached to, forming part of, or used in conjunction with a workplace within the meaning of paragraph (a); and c: includes an internal area within or on a vehicle that— i: is not an aircraft, a ship, or a train; but ii: is provided by the employer and normally used by employees or volunteers; and d: includes an operating taxi; but e: does not include— i: a motel, or a bedroom or suite in a hotel; or ii: a cabin or suite, for the time being assigned to a passenger or passengers, on a ship; or iii: a sleeping compartment, for the time being assigned to a passenger or passengers, on a train; or iv: a cabin, for the time being assigned to only 1 employee or volunteer, or to the master or owner, on a ship; or v: a sleeping compartment, for the time being assigned to only 1 employee or volunteer, on a train; or vi: vii: a dwellinghouse occupied by the employer. 2: For the purposes of paragraph (a) of of the same kind a: tobacco packages, tobacco cartons, or packages of a herbal smoking product differ if they bear different brand names: b: tobacco packages, tobacco cartons, or packages of a herbal smoking product differ if they bear the same brand name, but the products they contain differ in 1 or more of the following ways: i: containing or not containing menthol: ii: being otherwise differently flavoured: iii: producing different quantities of tar: iv: allegedly differing in mildness v: having or not having filter tips or cork tips: vi: containing different numbers of pieces: vii: containing pieces of different length or mass: c: tobacco cartons differ if they are sold under the same brand name, but they contain different numbers of tobacco packages. 2A: For the purposes of paragraph (b) of the definition of of the same kind a: containing differing levels of nicotine: b: being otherwise differently flavoured: c: having a different size, shape, or capacity: d: containing different numbers of pieces: e: being different in a way prescribed in regulations. 3: For the purposes of paragraph (e)(vii) of the definition of workplace in subsection (1), no part of a ship is capable of being a dwellinghouse occupied by an employer. 4: For the purposes of this Act,— a: a vaping product that contains tobacco is not a tobacco product: b: a vaping device is not a medical device within the meaning of the Medicines Act 1981 c: a vaping substance is not a medicine within the meaning of the Medicines Act 1981 Section 2(1) additive inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) additive inserted 11 November 2020 section 5(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) approved evidence of age document inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) approved Internet site inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) approved smoked tobacco retail premises inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) approved smoked tobacco retailer inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) approved vaping premises inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) area health board repealed 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 2(1) automatic vending machine inserted 29 July 1997 section 2(1) Smoke-free Environments Amendment Act 1997 Section 2(1) automatic vending machine amended 1 January 2023 section 4(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) automatic vending machine amended 11 November 2020 section 5(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) casino substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) casino operator's licence substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) children's product repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) class 4 gambling venue licence inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) coastal cargo inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) code of practice code repealed 11 December 1998 section 7(3)(a) Smoke-free Environments Amendment Act 1997 Section 2(1) company name amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) company name amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) constituent inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) Council repealed 1 July 2012 section 14(2) New Zealand Public Health and Disability Amendment Act 2012 Section 2(1) craft amended 1 February 1995 section 202(1) Maritime Transport Act 1994 Section 2(1) database inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) dedicated room inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) dedicated smoking room repealed 11 November 2020 section 5(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) Director repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) distributor replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) early childhood centre repealed 1 December 2008 section 60(1) Education Amendment Act 2006 Section 2(1) early childhood education and care centre inserted 1 December 2008 section 60(1) Education Amendment Act 2006 Section 2(1) early childhood education and care centre amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) emissions inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) employer substituted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) enforcement officer replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) entity inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) face repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) flavour inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) foreign ship inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) gambling inserted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) gambling area inserted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) gaming repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) gaming area repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) general vape retailer inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) harmful constituent repealed 1 January 2023 section 4(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) heated tobacco product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) herbal smoking product inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) hospital repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) hospital care institution inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) internal area replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) internal area amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) Internet sale inserted 23 July 2012 section 7(2) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) Internet sale amended 11 November 2020 section 5(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) iwi-Māori partnership board inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) large retailer inserted 14 March 2018 section 4 Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016 Section 2(1) licensed premises replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) managers inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) manufacturer amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 2(1) manufacturer amended 1 April 2008 Income Tax Act 2007 Section 2(1) Māori Health Authority inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) Ministry inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) New Zealand continental waters inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) New Zealand resident amended 1 July 1994 section 284 Electoral Act 1993 Section 2(1) New Zealand ship inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) notifiable product inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) notifier inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) of the same kind replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) open area inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) operating taxi repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 2(1) organised activity repealed 11 November 2020 section 5(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) package replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) passenger service vehicle small passenger service vehicle repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 2(1) permitted smoking area repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) point of sale replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) pouch pack repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) prescribed petroleum operations repealed 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) prison repealed 5 March 2013 section 48(2) Corrections Amendment Act 2013 Section 2(1) product request inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) product safety requirements inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) prohibited flavour inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) prohibited substance inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) public service inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) publish inserted 29 July 1997 section 2(2) Smoke-free Environments Amendment Act 1997 Section 2(1) registered school inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) registered school amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) regulated product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) regulated product advertisement inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) regulations inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) residential disability care institution inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) responsible person inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) rest home substituted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 2(1) retailer replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) school premises inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) ship inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) ship on demise charter to a New Zealand-based operator inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) smoked tobacco product inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) smokeless tobacco product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) smoking cessation programme inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) specialist vape retailer inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) specialist vape retailer amended 1 January 2023 section 4(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) suitably qualified health worker inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) taxi substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 2(1) to smoke substituted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) to vape inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) tobacco carton inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) tobacco package inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) tobacco packages in a visible stack repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) tobacco product advertisement repealed 11 November 2020 section 5(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) tobacconist's shop repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) toy regulated product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) toy tobacco product inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) trade mark amended 20 August 2003 section 201 Trade Marks Act 2002 Section 2(1) vaping device inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) vaping product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) vaping substance inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) variant replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) volunteer inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) workplace substituted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) workplace repealed 5 March 2013 section 48(3) Corrections Amendment Act 2013 Section 2(2) added 11 December 2003 section 3(3) Smoke-free Environments Amendment Act 2003 Section 2(2) amended 11 November 2020 section 5(6) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(2A) inserted 11 November 2020 section 5(7) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(3) added 11 December 2003 section 3(3) Smoke-free Environments Amendment Act 2003 Section 2(4) inserted 11 November 2020 section 5(8) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 3: Act binds the Crown This Act shall bind the Crown. 3A: Purposes of this Act 1: The purposes of this Act are— a: to provide for the regulation of smoked tobacco products— i: to reduce disparities in smoking rates and smoking-related illnesses between New Zealand population groups and, in particular, between Māori and other groups; and ii: to prevent the harmful effect of other people’s smoking on the health of others, and especially on young people and children; and iii: to significantly reduce the retail availability of smoked tobacco products; and iv: to prevent young people, and successive generations, from ever taking up smoking; and v: to reduce the appeal and addictiveness of smoked tobacco products; and vi: to restrict all forms of advertising and promotion; and b: to provide for the regulation of notifiable products in a way that seeks to minimise harm, especially harm to young people and children; and c: to give effect to certain obligations and commitments that New Zealand has as a party to the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003. 2: Section 3A(1) replaced 1 January 2023 section 5 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 3A(2) repealed 1 January 2023 section 5 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 3AA: Guide to this Act 1: Part 1 2: Part 1A 3: Part 1B 4: Part 2 5: Part 3 6: Part 3A a: the approval of smoked tobacco products; and b: the regulation of constituents of smoked tobacco products. 7: Part 4 8: Part 5 a: empowers the making of secondary legislation; and b: contains provisions relating to— i: the enforcement of this Act; and ii: reporting requirements relating to regulated products; and iii: appeals against product approval and notification decisions. 9: This section is intended as a guide only. Section 3AA inserted 1 January 2023 section 6 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 3AB: Te Tiriti o Waitangi (the Treaty of Waitangi) In order to provide for the Crown’s intention to give effect to the principles of te Tiriti o Waitangi Treaty of Waitangi a: requires the Director-General, before determining an application process for the approval of smoked tobacco retailers, to consult— i: the Māori Health Authority; and ii: each iwi-Māori partnership board; and iii: any iwi or other Māori who the Director-General considers have an interest in the application process; and b: requires the Director-General, before determining the maximum number of approved smoked tobacco retailers and the area to which that number applies, to consult— i: the Māori Health Authority; and ii: any iwi-Māori partnership board for all or part of the proposed area; and iii: any iwi whose rohe includes all or part of the proposed area; and iv: any other Māori who the Director-General considers will be affected; and c: requires the Director-General to— i: have systems in place for the purposes of carrying out the consultation referred to in paragraphs (a) and (b); and ii: consult the Māori Health Authority before determining the iwi or other Māori to consult; and d: requires the Minister, before preparing regulations relating to requirements for smoked tobacco products, to consider the risks and benefits to Māori of regulating a constituent (including both users and non-users of smoked tobacco products). Section 3AB inserted 1 January 2023 section 6 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 3B: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 Section 3B inserted 11 November 2020 section 7 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 1: Smoking and vaping prohibited in workplaces and public areas Part 1 heading replaced 11 November 2020 section 8 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 4: Purposes of this Part Section 4 repealed 1 January 2023 section 7 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 5: Smoking and vaping 1: An employer must take all reasonably practicable steps to ensure that no person smokes or vapes a: a vehicle in which smoking or vaping section 5A b: a dedicated room in which smoking or vaping section 6 2: No employee or volunteer may smoke or vape or vaping section 5A 3: Nothing in this section permits smoking or vaping in a vehicle carrying child occupants ( see section 20D Section 5 substituted 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 Section 5 heading amended 11 November 2020 section 10(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(1) amended 11 November 2020 section 10(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(1)(a) amended 11 November 2020 section 10(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(1)(b) amended 11 November 2020 section 10(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(2) amended 11 November 2020 section 10(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(2) amended 11 November 2020 section 10(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(3) inserted 28 November 2021 section 6 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 5A: Employer may permit smoking or vaping 1: An employer may permit smoking or vaping a: the public does not normally have access to any part of it; and b: all the employees and volunteers who use it regularly or from time to time have jointly or individually given the employer written notice— i: asking the employer to permit smoking or vaping ii: stating that they do not object to other employees and volunteers smoking or vaping c: since last giving the employer notice to that effect, none of the employees and volunteers who use it regularly or from time to time has given the employer written notice that he or she— i: no longer wishes the employer to permit smoking or vaping ii: now objects to other employees and volunteers smoking or vaping 2: Nothing in this section permits smoking or vaping in a vehicle carrying child occupants ( see section 20D Section 5A inserted 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 Section 5A heading amended 11 November 2020 section 11(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)(b)(i) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)(b)(ii) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)(c)(i) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)(c)(ii) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(2) inserted 28 November 2021 section 7 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 6: Dedicated 1: An employer may permit smoking or vaping a: the smoking aa: the vaping takes place only in 1 or more dedicated rooms for vaping; and b: each dedicated room c: the employer has taken all reasonably practicable steps to minimise the escape of emissions or vaping dedicated room d: for each dedicated room, an adequate equivalent room is available for patients or residents who wish to socialise in an atmosphere without emissions. 2: This subsection applies to a mechanical ventilation system with which a dedicated room a: the system is so designed, installed, and operating that it takes air from the room to a place outside the workplace where any emissions i: directly; or ii: through 1 or more other dedicated rooms b: no part of the workplace that is not a dedicated room 3: Subsection (1)— a: does not authorise an employer to permit a person who is not a patient or resident of the institution or home concerned to smoke or vape dedicated room b: does not authorise a person who is not a patient or resident of the institution or home concerned to smoke or vape dedicated room Section 6 substituted 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 Section 6 heading amended 11 November 2020 section 12(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6 amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1) amended 11 November 2020 section 12(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(a) replaced 11 November 2020 section 12(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(a) amended 1 January 2023 section 8 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 6(1)(aa) inserted 11 November 2020 section 12(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(b) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(c) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(c) amended 11 November 2020 section 12(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(c) amended 11 November 2020 section 12(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)(d) replaced 11 November 2020 section 12(7) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2)(a) amended 11 November 2020 section 12(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2)(a)(ii) amended 11 November 2020 section 12(8) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2)(b) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)(a) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)(a) amended 11 November 2020 section 12(9) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)(b) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)(b) amended 11 November 2020 section 12(9) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 6A: Smoking in prison cells Section 6A repealed 5 March 2013 section 48(4) Corrections Amendment Act 2013 7: Duties of employer Section 7 repealed 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 7A: Smoking and vaping early childhood education and care centres 1: The managers of school premises or premises to which subsection (4) applies must take all reasonably practicable steps to ensure that— a: no person smokes or vapes b: a notice stating that smoking and vaping i: every entrance to the premises; and ii: every outer entrance to every building or enclosed area forming part of the premises. 2: Subsection (1)(b)(ii) does not apply to— a: a building or enclosed area not usually or from time to time used by young people attending the school or centre concerned or members of the public; or b: an outer entrance used by young people attending the school or centre concerned or members of the public only temporarily or in emergencies. 3: The occupier of premises that are neither school premises nor premises to which subsection (4) applies must take all reasonably practicable steps to ensure that no person smokes or vapes a: is being used as an early childhood education and care centre b: is so situated and ventilated that emissions and vaping are likely early childhood education and care centre 4: This subsection applies to premises— a: that are used exclusively or primarily as an early childhood education and care centre b: that are facilities, grounds, structures, or other premises, controlled and managed by the managers of premises that are used exclusively or primarily as an early childhood education and care centre i: the enjoyment, recreation, or relaxation of the children attending the centre; or ii: cultural or sporting activities (or both) involving, or undertaken for the benefit of, the children attending the centre. Section 7A inserted 1 January 2004 section 6(1) Smoke-free Environments Amendment Act 2003 Section 7A heading amended 11 November 2020 section 13(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A heading amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(1)(a) amended 11 November 2020 section 13(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(1)(b) amended 11 November 2020 section 13(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3) amended 11 November 2020 section 13(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)(a) amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(3)(b) amended 11 November 2020 section 13(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)(b) amended 11 November 2020 section 13(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)(b) amended 11 November 2020 section 13(6) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)(b) amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(4)(a) amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(4)(b) amended 1 December 2008 section 60(1) Education Amendment Act 2006 8: Smoking and vaping prohibited 1: The operator of an aircraft must not permit any person to smoke or vape 2: Section 8 heading amended 11 November 2020 section 14(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 8(1) amended 11 November 2020 section 14(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 8(2) repealed 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004 9: Smoking and vaping 1: This section applies to the following ( passenger service vehicles a: a large passenger service vehicle while it is carrying passengers: b: a small passenger service vehicle at all times except when it is returning from carrying a passenger at the end of a shift: c: a vehicle being used in a small passenger service. 1A: 1B: 2: The operator of a passenger service vehicle must not permit any person to smoke or vape 3: No person may smoke or vape 4: In this section,— large passenger service vehicle section 2(1) small passenger service section 2(1) small passenger service vehicle section 2(1) 5: Nothing in this section permits smoking or vaping in a vehicle carrying child occupants ( see section 20D Section 9 heading amended 11 November 2020 section 15(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(1) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(1A) repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(1B) repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(2) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(2) amended 11 November 2020 section 15(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(3) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(3) amended 11 November 2020 section 15(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(4) inserted 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(5) inserted 28 November 2021 section 8 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 10: Application of Act to ships This Act applies to a ship if, and only if, it is— a: a New Zealand ship that is within New Zealand; or b: a foreign ship that— i: is a ship on demise charter to a New Zealand-based operator; and ii: is carrying coastal cargo within New Zealand; or c: a foreign ship that is carrying out mining operations within the meaning of the Crown Minerals Act 1991 Section 10 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 10(c) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 11: Smoking and vaping 1: This section applies to any area that— a: is located within an enclosed travel terminal; and b: is a booking area, passenger queuing area, passenger waiting room, or passenger lounge. 2: The owner or occupier of an area to which this section applies must not permit any person to smoke or vape 3: No person may smoke or vape Section 11 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 11 heading amended 11 November 2020 section 16(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 11(2) amended 11 November 2020 section 16(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 11(3) amended 11 November 2020 section 16(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 12: Smoking and vaping 1: The licensee of any licensed premises must take all reasonably practicable steps to ensure that no person smokes or vapes 2: Subsection (1) does not prevent the licensee of any licensed premises from prohibiting smoking or vaping 3: No person may smoke or vape Section 12 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 12 heading amended 11 November 2020 section 17(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 12(1) amended 11 November 2020 section 17(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 12(2) amended 11 November 2020 section 17(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 12(3) amended 11 November 2020 section 17(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 13: Smoking and vaping 1: The operator of a restaurant must take all reasonably practicable steps to ensure that no person smokes or vapes 2: Subsection (1) does not prevent the operator of a restaurant from prohibiting smoking or vaping 3: No person may smoke or vape Section 13 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 13 heading amended 11 November 2020 section 18(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13(1) amended 11 November 2020 section 18(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13(2) amended 11 November 2020 section 18(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13(3) amended 11 November 2020 section 18(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 13A: Smoking and vaping 1: The holder of the casino operator's licence in respect of a casino must take all reasonably practicable steps to ensure that no person smokes or vapes 2: Subsection (1) does not prevent the holder of the casino operator's licence in respect of a casino from prohibiting smoking or vaping 3: No person may smoke or vape Section 13A substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 13A heading amended 11 November 2020 section 19(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13A(1) amended 11 November 2020 section 19(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13A(2) amended 11 November 2020 section 19(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13A(3) amended 11 November 2020 section 19(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 13B: Smoking and vaping 1: The holder of a class 4 gambling venue licence in respect of a place must take all reasonably practicable steps to ensure that no person smokes or vapes 2: Subsection (1) does not prevent the holder of a class 4 gambling venue licence in respect of a place from prohibiting smoking or vaping 3: No person may smoke or vape Section 13B inserted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 13B heading amended 11 November 2020 section 20(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13B(1) amended 11 November 2020 section 20(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13B(2) amended 11 November 2020 section 20(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13B(3) amended 11 November 2020 section 20(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 14: Specialist vape retailers and vaping in approved vaping premises exempt 1: Section 5 a: a person who vapes in any approved vaping premises of a specialist vape retailer; and b: the specialist vape retailer who allows the person to vape in those premises. 2: A specialist vape retailer must take all practicable steps to prevent a person under the age of 18 years from entering the retailer’s approved vaping premises. 3: A specialist vape retailer who contravenes subsection (2) a: in the case of a body corporate, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. 4: In subsection (1) to vape Section 14 replaced 11 November 2020 section 21 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 14(1) amended 1 January 2023 section 9 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 14A: Application for approval as specialist vape retailer Section 14A repealed 1 January 2023 section 10 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 15: Complaints relating to smoking or vaping in workplace 1: Where any person believes on reasonable grounds that any person has contravened any provision of this Part in so far as it relates to any workplace, the person may complain to the employer of that workplace, or to the Director-General 2: Where an employer receives a complaint under subsection (1), or a complaint is referred to an employer under section 16(2)(a) 3: Where the contravention is on the part of the employer, the employer shall settle the cause of the complaint, or give an assurance that satisfies the complainant that there will be no repetition of the cause of the complaint. 4: Where the contravention is on the part of an employee or volunteer or volunteer 5: The representative of the employees in the workplace shall be entitled to be present at any meeting called by the employer for the purpose of resolving the complaint and avoiding future cause for complaint. 6: If within 40 working days after receiving the complaint the employer is unable to investigate it and resolve it by agreement, the employer must refer it, in writing, to the Director-General. Section 15 heading amended 11 November 2020 section 22 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 15 heading amended 10 December 2004 section 10(1) Smoke-free Environments Amendment Act 2003 Section 15(1) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 15(4) amended 10 December 2004 section 10(2) Smoke-free Environments Amendment Act 2003 Section 15(6) substituted 10 December 2004 section 10(3) Smoke-free Environments Amendment Act 2003 16: Complaints to Director-General 1: Any person may make a complaint to the Director-General 2: When the Director-General a: where— i: the contravention allegedly occurred in any workplace; and ii: the person who is the subject of the complaint is the employer for that workplace, or an employee or volunteer iii: the complaint was not referred to the Director-General subsection (6) of section 15 the complaint shall be forwarded by the Director-General b: in all other cases, the matter shall be dealt with as though it were a complaint to which subsection (3) applied. 3: On receipt by the Director-General section 91 4: The person who investigates the complaint may take no further action if the complaint is trivial, frivolous, vexatious, or not made in good faith, or if, during the investigation, the person receives a satisfactory assurance that there will be no repetition of the cause for the complaint; and in any such case the person who made the complaint shall be advised of the reasons why no further action is being taken. 5: The person investigating the complaint may, on investigation, try to settle the cause of the complaint and obtain a satisfactory assurance against repetition of the cause of the complaint. 6: Where no such settlement and assurance can be obtained, or if the cause of complaint is in breach of a previously given assurance, a charging document may be filed under section 14 Section 16 heading substituted 29 July 1997 section 4 Smoke-free Environments Amendment Act 1997 Section 16(1) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(2) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(2)(a) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(2)(a)(ii) amended 11 December 2003 section 11 Smoke-free Environments Amendment Act 2003 Section 16(2)(a)(iii) amended 29 July 1997 section 4 Smoke-free Environments Amendment Act 1997 Section 16(3) amended 1 January 2023 section 11 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 16(3) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 17: Offences in respect of smoking and vaping 1: An employer who fails to comply with section 5(1) 2A: The managers of any premises who fail to comply with section 7A(1) 2B: The occupier of any premises who fails to comply with section 7A(3) 3: The operator of an aircraft who, without reasonable excuse, permits a person to smoke or vape section 8(1) 4: The operator of a passenger service vehicle who, without reasonable excuse, permits a person to smoke or vape section 9(2) 6: The owner or occupier of an area to which section 11 smoke or vape 7: A licensee who fails to comply with section 12(1) 8: The operator of a restaurant who fails to comply with section 13(1) 8A: The holder of a casino operator's licence who fails to comply with section 13A(1) 8B: The holder of a class 4 gambling venue licence who fails to comply with section 13B(1) 8C: An employer who, without reasonable excuse, fails to comply with section 15(6) 9: Section 17 substituted 10 December 2004 section 12 Smoke-free Environments Amendment Act 2003 Section 17 heading amended 11 November 2020 section 23(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(3) amended 11 November 2020 section 23(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(4) amended 11 November 2020 section 23(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(4) amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 17(6) amended 11 November 2020 section 23(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(9) repealed 11 November 2020 section 23(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 17A: Penalties 1: The managers of any premises who commit an offence against section 17(2A) a: in the case of managers who are a body corporate, to a fine not exceeding $4,000; and b: in the case of managers who are not a body corporate, to a fine not exceeding $400 each. 2: A person who commits an offence against a provision of section 17 subsection (2A) or (8C) a: in the case of a person who is a body corporate, to a fine not exceeding $4,000; and b: in the case of a person who is not a body corporate, to a fine not exceeding $400. 3: An employer who commits an offence against section 17(8C) a: in the case of an employer who is a body corporate, to a fine not exceeding $1,000; and b: in the case of an employer who is not a body corporate, to a fine not exceeding $100. 4: Section 17A inserted 10 December 2004 section 12 Smoke-free Environments Amendment Act 2003 Section 17A(2) amended 11 November 2020 section 24(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17A(4) repealed 11 November 2020 section 24(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 18: Prosecution of offences Section 18 repealed 1 January 2023 section 12 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 19: Protection of persons acting under authority of Act Section 19 repealed 11 November 2020 section 26 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 20: Saving of powers to make bylaws Nothing in this Part shall limit or affect the powers section 145(b) Section 20 amended 1 July 2003 section 262 Local Government Act 2002 Section 20 amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 20A: Health and Safety at Work Act 2015 not affected Nothing in this Part, and no steps taken in compliance or purported compliance with this Part, limits or affects— a: the Health and Safety at Work Act 2015 b: the obligations of any person under that Act. Section 20A replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 1A: Smoke-free motor vehicles carrying child occupants Part 1A inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 20B: Purpose of this Part Section 20B repealed 1 January 2023 section 13 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20C: Interpretation for this Part In this Part, unless the context otherwise requires,— child occupant motor vehicle section 2(1) road section 2(1) Section 20C inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 20D: Smoking or vaping prohibited in motor vehicle carrying child occupant 1: A person must not smoke or vape in a motor vehicle, whether moving or stationary, that is on a road and has a child occupant. 2: However, a person may smoke or vape in a motor vehicle if— a: the person is the only occupant of the motor vehicle who is under the age of 18 years; or b: the motor vehicle is— i: manufactured for use as an occasional or permanent dwelling; and ii: stationary on a road and in use as a dwelling. 3: A person who contravenes subsection (1) commits an infringement offence and is liable to— a: an infringement fee of $50; or b: a fine imposed by a court not exceeding $100. 4: Sections 88 to 90 a: the infringement offence were an infringement offence defined in section 87 b: the infringement fee in subsection (3)(a) were an infringement fee specified in section 87 c: a constable were the enforcement officer referred to in those sections. Section 20D inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 20E: Constable’s powers 1: A constable who sees a person smoking or vaping in a motor vehicle that is on a road and that appears to have a child occupant may do 1 or more of the following, if the constable is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it: a: signal or request the driver of the motor vehicle to stop the vehicle as soon as practicable: b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section: c: require the person who is smoking or vaping to stop smoking or vaping in the motor vehicle: d: require any person who is smoking or vaping or appears to be aged under 18 years to provide the person’s— i: full name; and ii: full address; and iii: date of birth; and iv: occupation; and v: telephone number. 2: A constable who sees a person smoking or vaping in a motor vehicle that is on a road and that appears to have a child occupant may do 1 or more of the following, if the constable is in another vehicle following the motor vehicle: a: by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop: b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section: c: require the person who is smoking or vaping to stop smoking or vaping in the motor vehicle: d: require any person who is smoking or vaping or appears to be aged under 18 years to provide the person’s— i: full name; and ii: full address; and iii: date of birth; and iv: occupation; and v: telephone number. 3: Despite subsection (1), a constable must not take either of the actions referred to in subsection (1)(c) and (d) if the motor vehicle is— a: manufactured for use as an occasional or permanent dwelling; and b: stationary on a road and in use as a dwelling. Section 20E inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 Offences Heading inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 20F: Offences in respect of constables A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person— a: intentionally obstructs, hinders, or resists a constable exercising or attempting to exercise powers under section 20E b: intentionally fails to comply with a requirement under section 20E c: when required under section 20E(1)(d) or (2)(d) Section 20F inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 1B: Regulation of entry into smoked tobacco and vaping products markets Part 1B inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 1: Approval as smoked tobacco retailer Subpart 1 inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20G: Sale of smoked tobacco products other than by approved smoked tobacco retailer prohibited 1: A person must not sell or offer for sale a smoked tobacco product unless the person is an approved smoked tobacco retailer. 2: Subsection (1) does not apply to a person who sells or offers for sale a smoked tobacco product— a: for export; or b: to an approved smoked tobacco retailer; or c: to a distributor of smoked tobacco products who has complied with section 20S 3: A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $400,000. Section 20G inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20H: Application for approval as smoked tobacco retailer 1: A person may apply to the Director-General, in accordance with the application process determined under section 20L a: specified retail premises; and b: if applicable, a specified Internet site that is or will be operated together with the specified retail premises. 2: A person who, without reasonable excuse, provides false or misleading information in an application for approval to be an approved smoked tobacco retailer commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 20H inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20I: Grant of approval as smoked tobacco retailer 1: The Director-General must not give a person approval to be an approved smoked tobacco retailer unless satisfied that,— a: for an individual, the applicant is— i: a fit and proper person; and ii: a New Zealand resident; and b: for an entity,— i: each responsible person is a fit and proper person; and ii: the applicant is— A: carrying on business in New Zealand; or B: incorporated or registered under New Zealand law; and c: any retail premises in which the products are or will be sold are— i: a fixed permanent structure; and ii: appropriate premises from which to operate; and d: for a specified Internet site,— i: the Internet site is or will be operated together with the specified retail premises for which approval is sought; and ii: there is no reasonable access to retail premises in which smoked tobacco products are or will be sold— A: in an identifiable geographic area; or B: by an identifiable part of the population who smoke the products; and e: the applicant’s security, training, sales, delivery, and other business systems meet any requirements in regulations; and f: any other requirements in regulations have been met. 2: Despite subsection (1)(d), the Director-General may decline to give any person or class of person approval to be an approved smoked tobacco retailer for a specified Internet site if the Director-General is satisfied that giving the approval would be inconsistent with the purpose set out in section 3A(a)(iii) 3: When considering a matter in subsection (1)(a)(i) or (b)(i), the Director-General must have regard to any criteria or requirements specified in regulations. 4: It is a condition of an approval that the criteria in subsection (1)(a) to (f) continue to be complied with. 5: It is a condition of an approval in respect of a specified Internet site that the holder must not sell or offer for sale at retail smoked tobacco products— a: at a URL other than the approved URL; and b: outside the approved geographic area (if any). 6: The Director-General may, in accordance with regulations, impose any other conditions on an approval, or on a class of approval, including the expiry date of the approval. 7: An approval expires on the date specified in the approval unless it is earlier cancelled. 8: An approval is not transferable. Section 20I inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20J: Director-General may suspend approval 1: The Director-General may suspend an approval granted under section 20I a: any condition of the approval is not being complied with; or b: an applicable requirement under this Act or regulations is not being complied with. 2: Before suspending an approval, the Director-General must give the holder of the approval a reasonable opportunity to be heard. 3: The Director-General may extend the period of suspension— a: for a further month: b: more than once. 4: The Director-General must tell the holder of the approval in writing of the suspension and give reasons. 5: Before the period of suspension ends, the Director-General must— a: decide whether to cancel or reinstate the approval; and b: tell the holder of the approval in writing of the decision and give reasons. 6: A cancellation or reinstatement takes effect immediately after the end of the period of suspension. 7: A person whose approval is suspended must not sell a smoked tobacco product during the period of suspension. 8: A person who, without reasonable excuse, contravenes subsection (7) commits an offence and is liable on conviction to a fine not exceeding $400,000. Section 20J inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20K: Director-General may cancel approval 1: The Director-General may cancel an approval without any prior suspension if the Director-General is satisfied that 1 or more of the following are not being complied with: a: a condition of the approval: b: a requirement in this Act or regulations. 2: Before cancelling an approval without prior suspension, the Director-General must give the holder of the approval a reasonable opportunity to be heard. 3: The Director-General must tell the holder of the approval in writing of the cancellation and give reasons. Section 20K inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20L: Director-General to determine and publish application process 1: The Director-General must determine an application process for the approval of smoked tobacco retailers that— a: ensures that any maximum number of approved smoked tobacco retail premises declared for the relevant area under section 20M b: includes a system for ranking applications, including relative weighting of criteria; and c: meets any requirements set out in regulations. 2: Before determining the application process, the Director-General— a: may consult any person whom the Director-General considers appropriate; and b: must consult Māori in accordance with section 20N 3: The Director-General must set out the application process in writing and publish it on an Internet site maintained by, or on behalf of, the Ministry. 4: The published application process must include— a: any additional assessment criteria set out in regulations; and b: a description of the system for ranking applications determined by the Director-General. Section 20L inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20M: Director-General must set maximum numbers of approved smoked tobacco retail premises 1: The Director-General must, by written notice, determine the maximum number of approved smoked tobacco retail premises permitted in 1 or more areas described in the notice (which may include all of New Zealand). 2: The maximum number of approved smoked tobacco retail premises in New Zealand must not exceed 600. 3: The maximum number for each area may be a single current maximum or a series of reducing maximum numbers over time. 4: Before determining the maximum number and the area to which that number applies, the Director-General— a: may consult any person whom the Director-General considers appropriate; and b: must consult Māori in accordance with section 20N 5: In determining the maximum number and the area to which that number applies, the Director-General must take into account— a: the population size in the area and the estimated number of people in the area who smoke; and b: the geographic nature of the area, including the estimated average travel time required to purchase smoked tobacco products; and c: the views of those consulted under subsection (4). 6: The Director-General may amend or replace a notice made under this section in accordance with subsections (1) to (5). 7: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20M inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20N: Consultation with Māori 1: For the purposes of section 20L(2) a: the Māori Health Authority; and b: each iwi-Māori partnership board; and c: any iwi or other Māori who the Director-General considers have an interest in the application process. 2: For the purposes of section 20M(4) a: the Māori Health Authority; and b: any iwi-Māori partnership board for all or part of a proposed area; and c: any iwi whose rohe includes all or part of a proposed area; and d: any other Māori who the Director-General considers will be affected. 3: The Director-General must consult the Māori Health Authority before determining whom to consult for the purposes of subsections (1)(c) and (2)(c) and (d). 4: The Director-General must have systems in place for the purposes of— a: carrying out the consultation under subsections (1) and (2); and b: enabling that consultation to inform the Director-General’s decisions under sections 20L(1) 20M(1) Section 20N inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20O: Director-General to ensure maximum numbers of approved smoked tobacco retail premises not exceeded The Director-General must ensure, when granting a person approval to be an approved smoked tobacco retailer, that any maximum number of approved smoked tobacco retail premises determined for the relevant area under section 20M Section 20O inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 2: Approval as specialist vape retailer Subpart 2 inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20P: Application for approval as specialist vape retailer 1: A person who sells vaping products from retail premises may apply to the Director-General for approval to be a specialist vape retailer in relation to specified retail premises and, if applicable, specified Internet sites. 2: The Director-General must not give a person approval to be a specialist vape retailer unless satisfied that— a: the retail premises in which the vaping products are or will be sold are— i: a fixed permanent structure; and ii: appropriate premises from which to operate; and b: at least— i: 70% of the total sales from the retail premises are or will be from the sale of vaping products; or ii: 60% of the total sales from the retail premises are or will be from the sale of vaping products and the Director-General is satisfied that the lower threshold is appropriate in the circumstances; and c: any requirements in regulations have been met. 3: In determining whether the lower threshold is appropriate in the circumstances, the Director-General must, in accordance with regulations (if any), have regard to— a: the geographic location of the retail premises; and b: the population in relation to which the retailer carries out their business; and c: any criteria prescribed in regulations. 4: In making an assessment under subsection (2)(b), the Director-General may take into account the total sales from the retail premises for the previous 12 months (if any) and any other information that the Director-General considers relevant. 5: A person who, without reasonable excuse, provides false or misleading information in an application for approval to be a specialist vape retailer commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 20P inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20Q: Conditions of approval granted under section 20P 1: It is a condition of an approval granted under section 20P a: the criteria in section 20P(2)(a) to (c) section 14(2) b: the sales threshold be maintained or, if it was not attained when approval was given, that it be maintained on and from a date specified in the approval. 2: The Director-General may, in accordance with regulations, impose any other conditions on the approval. 3: The Director-General may suspend an approval if the Director-General has reasonable grounds to believe that any condition of the approval is not being complied with. 4: The Director-General may cancel an approval if the Director-General is satisfied that any condition of the approval is not being complied with. 5: In this section, sales threshold section 20P(2)(b)(ii) Section 20Q inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 3: Notification obligations Subpart 3 inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20R: Obligation of person selling notifiable products 1: A person who sells notifiable products in New Zealand must notify the Director-General that they are selling the products. 2: A person who sells notifiable products in New Zealand must renew their notification each year before the anniversary of their previous notification. 3: A notification (including a renewal of a notification) must be made on the database in accordance with requirements in regulations. 4: A person who, without reasonable excuse, fails to notify the Director-General that they are selling a notifiable product or fails to renew a notification commits an offence and is liable to a fine not exceeding $5,000. Section 20R inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 20S: Obligation of distributor in respect of smoked tobacco products 1: A distributor of smoked tobacco products in New Zealand must notify the Director-General that they are distributing the products. 2: A distributor of smoked tobacco products in New Zealand must renew their notification each year before the anniversary of their previous notification. 3: A notification (including a renewal of a notification) must be made on the database in accordance with requirements in regulations. 4: A distributor of smoked tobacco products in New Zealand who, without reasonable excuse, fails to notify the Director-General that they are distributing a smoked tobacco product or fails to renew a notification commits an offence and is liable to a fine not exceeding $5,000. Section 20S inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 2: Restrictions on advertising, promotion, sale, and distribution of regulated products Part 2 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 21: Outline of this Part Section 21 repealed 1 January 2023 section 15 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 22: Purposes of this Part Section 22 repealed 1 January 2023 section 16 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 1: Restrictions on advertising of regulated products and related communications Subpart 1 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 23: Publishing regulated product advertisement prohibited 1: A person must not publish a regulated product advertisement in New Zealand, or arrange for another person to publish it in New Zealand, unless the person is authorised by or under this subpart or subpart 2 2: A notice or sign must be treated as a regulated product advertisement if the notice or sign— a: communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and b: is displayed inside or at the outside of the place of business of a person who offers the products for sale (whether by retail or wholesale); and c: is not required or permitted by this Act or regulations. 3: A message must be treated as a regulated product advertisement if the message— a: communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and b: is an Internet-sales message; and c: is not required or permitted by this Act or regulations. 4: Subsections (2) and (3) subsection (1) section 2(1) 5: A person who, without reasonable excuse, contravenes subsection (1) a: in the case of a manufacturer, an importer, or a distributor,— i: to a fine not exceeding $600,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and b: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and c: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 23 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 24: Specified publications exempt from advertising prohibition Section 23 a: any price list given to retailers of regulated products if the price list— i: complies with regulations; and ii: includes the health messages required by or under Part 3 b: any advertisement included in any book, magazine, or newspaper printed outside New Zealand, or in any radio or television transmission originating outside New Zealand, or in any film or video recording made outside New Zealand, unless— i: the main purpose of the book, magazine, newspaper, transmission, film, or video recording is the promotion of the use of regulated products; or ii: the book, magazine, newspaper, film, or video recording is intended for sale, distribution, or exhibition primarily in New Zealand; or iii: in the case of an advertisement in any radio or television transmission, the advertisement is targeted primarily at a New Zealand audience: c: any regulated product advertisement published by a regulated products manufacturer in a magazine intended for distribution only to the manufacturer’s employees: d: the exhibition, in any museum or art gallery, of any work or artifact: e: the dissemination, broadcasting, or exhibition of any film, video recording, or sound recording where— i: that film, video recording, or sound recording was made before 16 December 1990; and ii: the regulated product advertisement included in that film, video recording, or sound recording is in the form of a reference to, or a depiction of, a tobacco product trade mark that is only an incidental part of that film, video recording, or sound recording: f: a public health message issued by the Director-General for the purposes of this Act or any of its Parts that is published by a public service or an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a public service: g: the following activities: i: the display, in accordance with any regulations, of vaping products that are available for sale within the retail premises or on the Internet site of the retailer ii: if regulations made under section 81(1)(5)(ii) iii: until regulations made under section 81(1)(5)(ii) h: any advice or message given by a suitably qualified health worker to an individual or to groups for the purpose of supporting them to switch from smoking to vaping: i: the following activities: i: the publication and dissemination of research about vaping products, smokeless tobacco products, and their use: ii: the publication and dissemination of research about encouraging smokers to switch to a product that is less harmful than smoking: j: the publication of media articles, commentary, and opinion that— i: encourage people to switch to a regulated product that is significantly less harmful than smoking; and ii: are not sponsored by the manufacturer, importer, retailer, or distributor of that product: k: information provided by manufacturers and importers, in accordance with any regulations, to retailers about the use of vaping products and smokeless tobacco products: l: communications about vaping products made, in accordance with any regulations, by specialist vape retailers to their existing customers. Section 24 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 24(g)(i) amended 1 January 2023 section 17 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 24(g)(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24(g)(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 25: Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances Retailer exemption 1: A retailer of regulated products may do all or any of the following things: a: in response to a product request, provide, inside that retailer’s place of business, information (in any medium) that— i: is in the form of printed, written, or spoken words; and ii: does no more than identify the regulated products available for purchase in that place and indicate their price; and iii: complies with any requirements in regulations: b: display inside that retailer’s place of business any notice for the public that— i: does no more than indicate, using only printed or written words, the fact that regulated products in general are available for purchase in that place and the location or locations where they may be purchased; and ii: complies with any requirements in regulations: c: display the retailer’s name or trade name at the outside of the retailer’s place of business or on their Internet site so long as the name is not and does not include a reserved name. 2: Vending machine exemption 3: A person who offers regulated products for sale (whether by retail or wholesale) by way of an automatic vending machine may display, on the outside of the vending machine, any notice for the public that— a: does no more than— i: identify (using only printed or written words) the regulated products; and ii: indicate (using only printed or written words) their prices; and b: complies with any requirements in regulations. Internet-seller exemption 4: A person who offers regulated products for Internet sale (whether by retail or wholesale) may, in response to a product request, allow to be visible on the person's Internet site when people browse, enter, or otherwise access the site, information that— a: is in the form of printed or written words; and b: does no more than identify the regulated product and indicate its price; and c: complies with any requirements in regulations. 5: Subsections (1)(a) and (b) and (4) section 24(g) 6: In this section, reserved name a: in respect of a name displayed on the outside of a specialist vape retailer’s approved vaping premises or on their approved Internet site, a name that includes— i: any word or expression signifying that a regulated product other than a vaping product is available for purchase in that place; or ii: the trade mark of a regulated product, other than a trade mark registered by the specialist vape retailer relating to— A: a vaping product manufactured by the specialist vape retailer; or B: the specialist vape retailer’s retail vaping business; or iii: the company name of a manufacturer or an importer of regulated products, unless it is also the company name of the specialist vape retailer; and b: in respect of a name that is displayed on the outside of the place of business or the approved Internet site of any other retailer of regulated products, a name that includes— i: any word or expression signifying that a regulated product is available for purchase in that place; or ii: the trade mark of a regulated product; or iii: the company name of a manufacturer or an importer of regulated products. Section 25 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 25(1)(c) replaced 1 January 2023 section 18(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 25(2) repealed 1 January 2023 section 18(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 25(6) inserted 1 January 2023 section 18(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 26: Liability of employees, employers, agents, and principals For the purposes of this Act, every person is deemed to publish a regulated product advertisement whether the person does so on the person’s own account or as the agent or employee of any other person. Section 26 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 27: Prohibited oral communications 1: A retailer must not make any oral communication to any customer within their retail premises that has the effect of— a: encouraging the use of a regulated product: b: notifying the availability of a regulated product: c: promoting the sale of a regulated product: d: promoting smoking or vaping behaviour. 2: A person who, without reasonable excuse, contravenes subsection (1) a: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and b: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. 3: Subsection (1) a: communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price: b: communications encouraging smokers to switch to a product that is less harmful than smoking: c: communications about vaping products made, in accordance with any regulations, by specialist vape retailers to customers in their approved vaping premises: d: information provided, in accordance with any regulations, by a specialist vape retailer relating to the safe use of regulated products available for purchase in their approved vaping premises: e: communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping. Section 27 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 2: Restrictions on sponsorship and related activities Subpart 2 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 28: Defined terms in this subpart In this subpart, unless the context otherwise requires,— organised activity sponsor a: to organise or promote, before the activity is to take place, or during the time that it takes place, some or all of the activity: b: to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution towards some or all of the activity: c: to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution to a person— i: in respect of that person’s organisation or promotion of some or all of the activity; or ii: in respect of that person’s participation in some or all of the activity. Section 28 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 29: Sponsoring activity involving use of trade mark, etc, of regulated product 1: A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves the use, in the name of that activity, or on or through any thing other than a regulated product, of all or any of the following: a: a regulated product trade mark: b: all or any part of a company name included in a regulated product trade mark: c: 1 or more words, logos, colours, shapes, sounds, smells, or other elements of a regulated product trade mark that, as those 1 or more elements are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elements are used in, on, or through it only or mainly for the purpose of advertising the product. 2: A person who, without reasonable excuse, contravenes subsection (1) a: in the case of a manufacturer, an importer, or a distributor,— i: to a fine not exceeding $600,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and b: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and c: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 29 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 30: Sponsoring activity involving exclusive supply arrangement 1: A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves an arrangement for the person to be the only person supplying regulated products at, or for the purposes of, some or all of the activity. 2: The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding. 3: Subsection (2) subsection (1) 4: This section is not subject to, and does not override, the Commerce Act 1986 5: A person who, without reasonable excuse, contravenes subsection (1) a: in the case of a manufacturer, an importer, or a distributor,— i: to a fine not exceeding $600,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and b: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and c: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 30 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 31: Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events 1: A person must not use a regulated product trade mark— a: on a non-regulated article; or b: for the purpose of advertising or identifying to the public— i: any non-regulated article; or ii: any service, activity, or event; or iii: any scholarship, fellowship, or other educational benefit,— even though that person would be, but for this Act, entitled to use the trade mark on that article or for that purpose. 2: If a trade mark includes the company name, or part of the company name, of a manufacturer, importer, or distributor in New Zealand of any regulated product, no person may use that company name for the purpose of advertising or identifying to the public— a: any non-regulated article; or b: any service, activity, or event; or c: any scholarship, fellowship, or other educational benefit,— even though that person would be, but for this Act, entitled to use that trade mark or company name for that purpose. 3: A person must not distribute, sell, or offer or expose for sale any non-regulated article that bears a trade mark of a regulated product that is sold in New Zealand. 4: In this section, non-regulated article a: a regulated product; or b: a package in which a regulated product is sold or shipped. 5: A person who, without reasonable excuse, contravenes subsection (1), (2), or (3) a: in the case of a manufacturer, an importer, or a distributor,— i: to a fine not exceeding $600,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and b: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and c: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 31 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 32: Exemption for craft in emergencies 1: In this section, craft with a prohibited display 2: If a craft with a prohibited display is compelled to enter New Zealand by reason of health or safety, or for the preservation of life or property, nothing in sections 23 30 31 Section 32 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 3: Prohibited ways of supplying and distributing regulated products Subpart 3 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 33: Free distribution of regulated product prohibited 1: A manufacturer, distributor, importer, or retailer of regulated products must not do either of the following free of charge or at a reduced charge: a: distribute any regulated product: b: supply any regulated product to any person for subsequent distribution. 2: A retailer of regulated products must not supply free of charge, or at a reduced charge, any regulated product to any person for the purpose of that retailer's business. 3: For the purposes of this section, a regulated product is distributed or supplied at a reduced charge a: the charge for the product itself is reduced; or b: the charge for distribution or supply of the product is not reduced or purports not to be reduced, but some other item is supplied free of charge or at a reduced charge, together with the product. 4: Subsection (2) does not apply to the supply of vaping products by a specialist vape retailer from their approved vaping premises or approved Internet site. 5: Subsections (1) and (2) 6: A person who, without reasonable excuse, distributes or supplies any regulated product in contravention of subsection (1) or (2) a: in the case of a manufacturer, an importer, or a distributor,— i: to a fine not exceeding $600,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and b: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and c: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. 7: It is a defence to a charge in respect of a contravention of subsection (1) Section 33 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 33(4) replaced 1 January 2023 section 19 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 34: Distribution and supply of regulated product with other product prohibited 1: A manufacturer, distributor, importer, or retailer of regulated products must not— a: distribute an accompanied regulated product; or b: supply an accompanied regulated product to another person for later distribution. 2: A retailer of a regulated product must not supply an accompanied regulated product to another person for the purpose of that retailer's business. 3: In this section, accompanied regulated product a: packed together with a product that is not a regulated product; or b: distributed or supplied, together with a product that is not a regulated product, at a single price. 4: A person who, without reasonable excuse, contravenes subsection (1) or (2) a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; and b: in any other case, to a fine not exceeding $5,000. Section 34 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 35: Arrangements conflicting with Act have no effect 1: A term has no effect if— a: it is expressed or implied in an arrangement of any kind in any form; and b: compliance with it would limit or prevent compliance with section 33 34 2: The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding. 3: Subsection (2) subsection (1) 4: A party to the arrangement (or a person who is claiming through or under that party) may seek relief under subpart 5 a: regardless of whether the arrangement is a contract: b: as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract. Section 35 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 4: Inducements and rewards involving regulated products prohibited Subpart 4 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 36: Rewards involving regulated product prohibited 1: A person must not offer any gift or cash rebate, or the right to participate in any contest, lottery, or game, to— a: the purchaser of a regulated product in consideration for the purchase of that product; or b: any person in consideration for the provision of evidence of the purchase of a regulated product. 2: A person must not offer to any retailer any gift or cash rebate, or the right to participate in any contest, lottery, or game, as an inducement or reward in relation to— a: the purchase or sale of regulated products by that retailer; or b: the advertising of regulated products inside that retailer’s place of business; or c: the location of regulated products in a particular part of that retailer's place of business. 3: Subsections (1) and (2) a: purchases or attempts to purchase a regulated product for the purpose of monitoring compliance with this Part; and b: is authorised— i: by the Director-General for that purpose; or ii: by a person authorised by the Director-General for that purpose. 4: Subsection (1) subsection (1) 5: A person who, without reasonable excuse, contravenes subsection (1) or (2) a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. Section 36 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 5: Visibility of regulated products Subpart 5 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 37: Regulated product (other than vaping product) must not be visible from place of business 1: A person who offers a regulated product other than a vaping product for sale (whether by retail or wholesale) must not allow any part of the regulated product or its package— a: to be visible from outside the person's place of business; or b: to be visible from an area inside the person's place of business to which members of the public are allowed access. 2: Subsection (1) a: the product or package is visible only to the extent that is necessary for it to be delivered— i: to the person at the place; or ii: to its purchaser at or from the place; and b: the form of its delivery complies with any regulations made under section 81(1)(13) 3: Subsection (1) section 81(1)(14) 4: A person who, without reasonable excuse, contravenes subsection (1) Section 37 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 37(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 6: Information and warnings at point of sale and on Internet Subpart 6 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 38: Point-of-sale health information or warning signs 1: This section applies if regulations made under section 81(1)(15) 2: A person to whom those regulations apply who offers a regulated product for sale (by retail or wholesale) must— a: display a sign for the public that— i: does no more than communicate health information or warnings; and ii: complies with those regulations; and b: display the sign clearly at each point of sale at the outside of or inside the person's place of business. 3: A person who, without reasonable excuse, contravenes subsection (2) Section 38 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 38(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 39: Internet-sales health information or warnings 1: This section applies if regulations made under section 81(1)(16) 2: A person to whom those regulations apply who offers a regulated product for Internet sale (by retail or wholesale) must comply with those regulations. 3: A person who, without reasonable excuse, contravenes subsection (2) Section 39 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 39(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 7: Sale of regulated products and toy regulated products to people under 18 years Subpart 7 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 40: Sale and delivery of regulated product to people younger than 18 years prohibited 1: A person— a: must not sell a regulated product to a person younger than 18 years; or b: having sold a regulated product to a person of any age, must not deliver it, or arrange for it to be delivered, to a person younger than 18 years. 2: A person who contravenes subsection (1)(a) or (b) a: in the case of a body corporate, to a fine not exceeding $10,000; and b: in any other case, to a fine not exceeding $5,000. 3: It is a defence to a charge under subsection (2) a: the contravention occurred without the person’s knowledge; and b: the person took reasonable precautions and exercised due diligence to prevent the contravention. 4: A person charged with contravening subsection (1)(a) subsection (3)(a) and (b) 4A: A person charged with contravening subsection (1)(a) does not satisfy the requirements of subsection (3)(a) and (b) if the person relies solely on a statement (given orally or in written form) from the person to whom the product was sold that indicated that the person was of or over the age of 18 years. 5: Subsection (4) subsection (3) 6: It is not a defence to a charge under subsection (2) a: that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or b: that the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years. 7: 8: Section 40 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 40(4A) inserted 1 January 2023 section 21(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 40(7) repealed 1 January 2023 section 21(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 40(8) repealed 1 January 2023 section 21(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 41: Supplying regulated product to people younger than 18 years prohibited 1: A person must not, in a public place,— a: supply a regulated product to a person younger than 18 years; or b: supply a regulated product to a person with the intention that it be supplied (directly or indirectly) to a person younger than 18 years. 2: A person who contravenes subsection (1) 3: It is a defence to a charge under subsection (2) a: the contravention occurred without the person’s knowledge; and b: the person took reasonable precautions and exercised due diligence to prevent the contravention. 4: A person charged with contravening subsection (1)(a) subsection (3)(a) and (b) 5: It is not a defence to a charge under subsection (2) a: that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years; or b: that the person charged believed on reasonable grounds that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years. 6: Subsection (1) 7: In this section, public place section 2(1) Section 41 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 42: Sale of toy regulated product to people younger than 18 years prohibited 1: A person must not sell a toy regulated product to a person younger than 18 years. 2: A person who contravenes subsection (1) 3: It is a defence to a charge under subsection (2) a: the contravention occurred without the person’s knowledge; and b: the person took reasonable precautions and exercised due diligence to prevent the contravention. 4: The person charged satisfies the requirements of subsection (3)(a) and (b) 5: Subsection (4) subsection (3) 6: It is not a defence to a charge under subsection (2) a: the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or b: the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years. Section 42 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 43: Point-of-sale purchase age information 1: This section applies if regulations made under section 81(1)(17) 2: A person to whom those regulations apply who offers a regulated product for sale by retail must display clearly at each point of sale at the outside of or inside the person's place of business a notice for the public that— a: does no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and b: complies with any requirements of those regulations. 3: A person who, without reasonable excuse, contravenes subsection (2) Section 43 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 43(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 44: Internet-sales purchase age information or warnings 1: This section applies if regulations made under section 81(1)(18) 2: A person to whom those regulations apply who offers regulated products for sale must comply with those regulations. 3: The health warning information or warnings that are required to be visible must— a: do no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and b: comply with the applicable requirements of those regulations. 4: A person who, without reasonable excuse, contravenes subsection (2) Section 44 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 44(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 45: Court may order certain repeat offenders not to sell regulated product 1: In this section, a repeat offence section 40(2) a: another offence against section 40(2) b: an offence against section 30(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 2: When sentencing a person for a repeat offence or an offence against subsection (4) a: prohibiting either or both of the following: i: the sale of regulated products by or on behalf of the person: ii: the sale of regulated products at a shop at which the offence occurred; or b: prohibiting either or both of the following: i: the sale of regulated products of a stated kind by or on behalf of the person: ii: the sale of regulated products of a stated kind in the place in which the offence occurred; or c: imposing any conditions or restrictions (or both) that it thinks fit on either or both of the following: i: the sale of regulated products by or on behalf of the person: ii: the sale of regulated products at a shop at which the offence occurred. 3: The order must state— a: the date on which it takes effect (which may be the date on which it is made or a later date); and b: the date on which it expires (which must be a date at least 4 weeks and no more than 3 months after the date on which it takes effect). 4: A person who fails to comply with an order under subsection (2) a: in the case of a body corporate, to a fine not exceeding $10,000; and b: in any other case, to a fine not exceeding $5,000. Section 45 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 8: Sale of regulated products by way of automatic vending machines Subpart 8 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 46: Regulated product (other than vaping product) must not be visible from outside automatic vending machines 1: A person who offers a regulated product other than a vaping product for sale by way of an automatic vending machine must not allow any part of the regulated product or its package to be visible from outside the machine. 2: However, subsection (1) a: the product or package is visible only to the extent that is necessary for it to be delivered to or from the machine; and b: the form of its delivery complies with regulations made under section 81(1)(13) 3: A person who, without reasonable excuse, contravenes subsection (1) 4: Subsection (1) section 81(1)(14) Section 46 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 46(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 46(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 47: Automatic vending machines must not be located in public place 1: A person must not— a: permit an automatic vending machine that dispenses or is capable of dispensing regulated products to be located in a public place; or b: permit a regulated product to be sold by way of an automatic vending machine in a public place. 2: Subsection (1) does not apply to an automatic vending machine if— a: no individual sale can occur unless the machine is activated by the person who would otherwise be in breach of that subsection (or an employee or agent of that person); and b: the device used to activate the machine is permanently located— i: in a place that provides the person using it with a direct line of sight to the person to whom the sale is to be made; and ii: close to the machine. 3: For the purposes of this Act, a person who activates an automatic vending machine so that the sale of a regulated product to another person occurs is a party to that sale. 4: A person who, without reasonable excuse, contravenes subsection (1)(a) or (b) commits an offence and is liable to a fine not exceeding $2,000. 5: In this section, public place has the same meaning as in section 2(1) Section 47 replaced 1 January 2023 section 27 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 48: Automatic vending machines must display health messages required by or under this Act 1: A person who sells a regulated product from an automatic vending machine that can be seen from a place to which members of the public have access— a: must display on the machine any health message required by or under this Act (even if the machine is accessible only by the person or their employees or agent); and b: must display the health message in accordance with regulations. 2: A person commits an offence if the person— a: offers for sale a regulated product by way of an automatic vending machine; and b: fails, without reasonable excuse, to display on that machine any health message required by or under this Act. 3: A person who commits an offence against subsection (2) 4: Subsection (1) section 47 Section 48 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 2: Control of smoking products Part 2 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 21: Purpose of this Part Section 21 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Promotion and advertising Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 22: Advertising of tobacco products Section 22 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 22A: Exemptions from advertising prohibition for specified publications Section 22A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 23: Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers Section 23 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 23A: Display of tobacco products in or from sales outlets or vending machines generally prohibited Section 23A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 23B: Transitional exemption regulations expire 12 months after section 23A comes into force Section 23B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 24: Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events Section 24 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 25: Sponsoring activity involving use of trade mark, etc, of tobacco products Section 25 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 25A: Sponsoring activity involving exclusive supply arrangement Section 25A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 26: Exemptions for participants in certain events Section 26 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 26A: Exemption for multinational sporting events Section 26A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 27: Exemption for craft in emergencies Section 27 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 28: Free distribution and rewards prohibited Section 28 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 28A: Arrangements conflicting with Act have no effect Section 28A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 29: Tobacco product not to be advertised or labelled as suitable for chewing, etc Section 29 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Sale and messages and information Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 29AA: Point-of-sale health information or warnings signs Section 29AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 29AAB: Internet-sales health information or warnings Section 29AAB repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 29A: Sale of tobacco products with other products prohibited Section 29A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 29B: Restriction on use of automatic vending machines Section 29B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 30: Sale , and sellers' arranging or effecting delivery, Section 30 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 30AA: Supplying tobacco products or herbal smoking products to people under 18 prohibited Section 30AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 30AB: Certain repeat offenders may be ordered not to sell tobacco products Section 30AB repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 30A: Restrictions on sale of certain tobacco products in small quantities Section 30A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 31: Limits on harmful constituents Section 31 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 31A: Standardised packaging of tobacco products Section 31A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 32: Messages and information required for tobacco products Section 32 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 32AA: Messages and information required for herbal smoking products Section 32AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Testing, reports, and returns Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 33: Annual testing for constituents Section 33 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 34: Director-General may require further testing Section 34 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 35: Returns and reports Section 35 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Offences Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 36: Offences in respect of tobacco products and herbal smoking products Section 36 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 36AA: Offence in respect of standardised packaging of tobacco products Section 36AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 36AAB: Presumption about large retailer Section 36AAB repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 36A: Toy tobacco products Section 36A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 37: Enforcement Section 37 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 38: Liability of employees, employers, agents, and principals Section 38 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 38A: Infringement offences Section 38A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 38B: Commission of infringement offences Section 38B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 38C: Infringement notices Section 38C repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 38D: Payment of infringement fees Section 38D repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Miscellaneous provisions Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 39: Regulations Section 39 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 39A: Regulations for standardised packaging (including messages and information) Section 39A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 40: Transitional provisions Section 40 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41: Amendment, repeals, and revocations Section 41 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41AA: Purposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 41AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 2A: Powers of enforcement officers Part 2A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41A: Powers of entry and inspection Section 41A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41B: Requirement to give identifying information Section 41B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41BA: Search warrant Section 41BA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41C: Purposes for which powers may be used Section 41C repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41D: Duties of enforcement officers Section 41D repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41E: Offences in respect of enforcement officers Section 41E repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 41F: Enforcement Section 41F repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 3: Packaging and labelling of regulated products Part 3 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Part 3 heading replaced 1 January 2023 section 28 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 49: Purposes of this Part Section 49 repealed 1 January 2023 section 29 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 1: Packaging and labelling requirements Subpart 1 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 50: Standardised packaging of regulated products 1: A regulated product— a: must comply with the requirements in regulations that apply to that product; and b: if sold or offered for sale,— i: must be contained in a package; and ii: must be packaged in a quantity that complies with regulations. 2: The package for a regulated product— a: must comply with section 52 b: other than part of the package that is wrapping or lining, may display the brand or company name for the product, but only in accordance with regulations; and c: must comply with regulations in all other respects. Section 50 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 51: Offence in respect of standardised packaging of regulated products 1: This section applies to— a: a person who manufactures, distributes, sells, offers for sale, or otherwise supplies a regulated product knowing that the product contravenes section 50(1) b: a person who distributes, sells, offers for sale, or otherwise supplies a regulated product in a package knowing that the package contravenes section 50(2) c: a person who does the following knowing that a package for a regulated product contravenes section 50(2) i: manufactures, distributes, sells, offers for sale, or otherwise supplies the package; or ii: packages, or arranges for the packaging of, a regulated product in the package. 2: The person commits an offence and is liable on conviction,— a: in the case of a manufacturer, an importer, or a distributor,— i: to a fine not exceeding $600,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and b: in the case of a large retailer,— i: to a fine not exceeding $200,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and c: in any other case,— i: to a fine not exceeding $50,000; but ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. 3: However, the person does not commit an offence against this section in relation to a regulated product or a package if— a: the product or package is intended for export; and b: the product or package has not been sold or supplied at retail, or offered for retail sale, in New Zealand. Section 51 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 52: Messages and information required for regulated product package 1: A package must display, in accordance with regulations, as many of the following things as regulations require: a: a message relating to— i: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the regulated product: ii: the beneficial effects of stopping the use of the product or of not using the regulated product: b: for a smoked tobacco product, the constituents required by regulations to be listed, and their respective quantities, that are present in the product or its emissions: c: whether as part of or in addition to any message about effects, a photograph or picture relating to— i: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the regulated product: ii: the beneficial effects of stopping the use of the product or of not using the regulated product. 2: A package must, if required by regulations, contain a leaflet with— a: information (prescribed by regulations for regulated products generally, or regulated products of a class to which the product belongs) relating to— i: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product: ii: the beneficial effects of stopping the use of the product or of not using the product; and b: if the regulated product is intended for smoking, as much of the following information (stated, as regulations may require, by reference to the class of regulated product to which the product belongs, or to the product's brand as a regulated product of any class or variant of a brand of a regulated product of any class) as regulations require: i: a list of the ii: a list of the additives, and their respective quantities, present in the product: iii: a list of the Section 52 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 52(1)(b) replaced 1 January 2023 section 30(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 52(2)(b)(i) amended 1 January 2023 section 30(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 52(2)(b)(iii) amended 1 January 2023 section 30(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 53: Restrictions on sale of certain regulated products in small quantities 1: A manufacturer, importer, distributor, or retailer must not sell or offer for sale— a: cigarettes in a package that contains fewer than 20 cigarettes; or b: loose tobacco in a package that contains less than 30 grams of loose tobacco; or c: any other regulated product in a package that contains fewer than the number (if any) prescribed in regulations for that product. 2: In this section, unless the context otherwise requires,— cigarette loose tobacco a: tobacco prepared for smoking in hand-rolled cigarettes: b: pipe tobacco. 3: Nothing in subsection (1)(a) 4: A person who, without reasonable excuse, contravenes subsection (1) Section 53 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 54: Restrictions on advertising, labelling, and sale of oral use products 1: A person must not publish a regulated product advertisement that directly or indirectly states or suggests that a regulated product is suitable for chewing or for any other oral use. 2: A person must not import for sale, sell, pack, or distribute any regulated product labelled or otherwise described as suitable for chewing, or for any other oral use. 3: A person must not import for sale, sell, pack, or distribute any regulated product suitable for chewing or for any other oral use Medicines Act 1981 4: A person who, without reasonable excuse, contravenes subsection (1), (2), or (3) a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. 5: In this section, oral use Section 54 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 54(3) amended 1 January 2023 section 31 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 2: Constituents of regulated products Subpart 2 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 55: Limits on harmful constituents of tobacco products and herbal smoking products Section 55 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 56: Annual testing for constituents of prescribed regulated products Section 56 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57: Director-General may require testing or further testing Section 57 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 3: Transitional provisions for certain amendments Part 3 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 42: Transitional provisions for certain amendments Section 42 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 3: Health Sponsorship Council Part 3 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 42: Meaning of sponsorship Section 42 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 43: Council established Section 43 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 44: Principal functions of Council Section 44 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 45: Membership of Council Section 45 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 46: Term of office of members of Council Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004 47: Meetings of Council Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004 48: Conflict of interest Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004 49: Council to appoint chief executive Section 49 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 50: Other staff Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004 51: Council may appoint advisory and technical committees Section 51 repealed 25 January 2005 section 200 Crown Entities Act 2004 52: Council may co-opt specialist advice Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004 53: Remuneration and allowances for members of Council and committees Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004 54: Salaries, etc, to be paid out of funds of Council Section 54 repealed 25 January 2005 section 200 Crown Entities Act 2004 55: Powers of Council Section 55 repealed 25 January 2005 section 200 Crown Entities Act 2004 56: Council to provide alternative sponsorship Section 56 repealed 25 January 2005 section 200 Crown Entities Act 2004 57: Minister may give Council directions Section 57 repealed 25 January 2005 section 200 Crown Entities Act 2004 58: Council to submit annual budget and plans for Minister's approval Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004 59: Funds of Council Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004 60: Further provisions relating to funds Section 60 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 61: Liability of Council and members Section 61 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012 62: Accounts Section 62 repealed 21 December 1992 section 42 Public Finance Amendment Act 1992 62A: Crown entity Section 62A repealed 25 January 2005 section 200 Crown Entities Act 2004 63: Annual reports Section 63 repealed 25 January 2005 section 200 Crown Entities Act 2004 64: Ombudsmen Act 1975 amended Section 64 repealed 25 January 2005 section 200 Crown Entities Act 2004 65: Films Act 1983 amended Section 65 repealed 1 October 1994 section 150(2) Films, Videos, and Publications Classification Act 1993 3A: Requirements for smoked tobacco products Part 3A inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Smoked tobacco products must be approved Heading inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57A: Interpretation In this Part, manufacture Section 57A inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57B: Smoked tobacco products must be approved 1: A person must not sell, offer for sale, manufacture, import, or supply a smoked tobacco product unless the product has been approved by the Director-General. 2: A person who knowingly or recklessly contravenes subsection (1) Section 57B inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57C: Application for approval for sale or import of smoked tobacco products 1: A person may apply to the Director-General for approval of a smoked tobacco product intended for sale, manufacture, import, or supply in New Zealand in accordance with any requirements in regulations. 2: The Director-General must not grant approval of a smoked tobacco product for sale, manufacture, import, or supply unless satisfied that— a: the applicant is,— i: for an individual, a New Zealand resident: ii: for an entity,— A: carrying on business in New Zealand; or B: incorporated or registered under New Zealand law; and b: the product has been tested in accordance with regulations; and c: the product does not contain a constituent— i: prohibited by this Act or regulations; or ii: in a quantity that exceeds any limits in this Act or regulations; and d: any other criteria in regulations have been met. 3: However, the Director-General may grant a specified smoked tobacco product that does not meet 1 or more of the requirements listed in subsection (2) a: that— i: the specified product is not a cigarette; and ii: no similar compliant product can be sourced; and iii: the sale and supply of the specified product will not result in a significant increase in the appeal and addictiveness of smoked tobacco products; and iv: any other criteria specified in regulations are met; or b: that— i: the specified product will be manufactured in, or imported into, New Zealand for research purposes only and will not be offered for sale or supply; and ii: any other criteria specified in regulations are met. 4: A temporary approval granted under subsection (3) a: is subject to review by the Director-General in accordance with any requirements in regulations; and b: may be revoked following a review under paragraph (a) c: expires on the date that is 12 months after the date on which it is granted unless earlier revoked; and d: may be renewed for a further period of up to 12 months. 5: It is a condition of any approval granted under subsection (2) a: the product continues to meet the requirements in subsection (2) b: there is no significant change to the product. 6: In this section, significant change a: a change that produces different results in any testing of the product required by this Act or regulations made under this Act: b: any other change to the product that is specified in regulations. 7: The Director-General may, in accordance with regulations, impose any other conditions on an approval or a temporary approval. 8: A person who, without reasonable excuse, provides false or misleading information in an application for approval or temporary approval under this section commits an offence and is liable on conviction to a fine not exceeding $50,000. Section 57C inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57D: Director-General may suspend approval or temporary approval 1: The Director-General may suspend an approval or a temporary approval granted under section 57C a: any condition of the approval is not being complied with; or b: an applicable requirement under this Act or regulations is not being complied with. 2: Before suspending an approval or a temporary approval, the Director-General must give the holder of the approval or temporary approval a reasonable opportunity to be heard. 3: The Director-General may extend the period of suspension— a: for a further month: b: more than once. 4: The Director-General must tell the holder of the approval or temporary approval in writing of the suspension and give reasons. 5: Before the period of suspension ends, the Director-General must— a: decide whether to cancel or reinstate the approval or temporary approval; and b: tell the holder of the approval or temporary approval in writing of the decision and give reasons. 6: A cancellation or reinstatement takes effect immediately after the end of the period of suspension. 7: A person must not sell, offer for sale, manufacture, import, or supply a smoked tobacco product whose approval is suspended during the period of suspension. 8: A person who, without reasonable excuse, contravenes subsection (7) Section 57D inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57E: Director-General may cancel approval or temporary approval 1: The Director-General may cancel an approval or a temporary approval without any prior suspension if the Director-General is satisfied that— a: any condition of the approval is not being complied with; or b: an applicable requirement under this Act or regulations is not being complied with. 2: Before cancelling an approval or a temporary approval without prior suspension, the Director-General must give the holder of the approval or temporary approval a reasonable opportunity to be heard. 3: The Director-General must tell the holder of the approval or temporary approval in writing of the cancellation and give reasons. Section 57E inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Constituents of smoked tobacco products Heading inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57F: Limits on constituents of smoked tobacco products 1: A person must not sell, offer for sale, manufacture, import, or supply a smoked tobacco product that contains, or generates in its emissions, a constituent that is— a: prohibited by this Act or regulations; or b: in a quantity that exceeds any limits in this Act or regulations, as determined in accordance with any prescribed tests. 2: A person who knowingly or recklessly contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $400,000. Section 57F inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57G: Annual testing for constituents of smoked tobacco products 1: This section applies to a smoked tobacco product specified in regulations as a product to which this section applies. 2: Every manufacturer and every importer of a smoked tobacco product must, at their own expense, conduct a test to ensure that the constituents of the product, and their respective quantities, comply with any limits or prohibitions prescribed in this Act or regulations. 3: The tests must be conducted each year by 31 December in accordance with any requirements in regulations. 4: A manufacturer or an importer who, without reasonable excuse, fails to comply with subsection (2) or (3) Section 57G inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57H: Director-General may require testing or further testing 1: The Director-General may, by notice in writing, require a manufacturer or an importer of a smoked tobacco product to conduct tests of the product. 2: Any tests required under this section may be in addition to any tests required under section 57G 3: The tests must be conducted— a: in accordance with regulations (if any); and b: at the expense in all respects of the manufacturer or importer. 4: The manufacturer or importer must, if required by the Director-General in the notice in writing, provide, at their own cost, a sample of the product required to be tested— a: to the Director-General; and b: in the quantity specified in the notice. 5: In any year, the Director-General must not require tests to be conducted under this section in respect of more than 1 of the brands of smoked tobacco products sold by a particular manufacturer or importer. 6: A person commits an offence if the person, without reasonable excuse,— a: fails to conduct any tests required under this section; or b: fails to conduct those tests in accordance with regulations. 7: A person who commits an offence under subsection (6) Section 57H inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 57I: Limits on nicotine for smoked tobacco products 1: The limit for the nicotine content in the tobacco in an individual smoked tobacco product is 0.8 mg/g. 2: Nicotine must not be present in any other constituent of an individual smoked tobacco product, unless it is derived from the tobacco in the product. Section 57I inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 4: Regulated products that must be notified Part 4 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 58: Purpose of this Part Section 58 repealed 1 January 2023 section 34 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 59: Defined terms Section 59 repealed 1 January 2023 section 35 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 60: Notifier must not sell product unless it has been notified 1: A notifier of a notifiable product must not sell the product in New Zealand unless it— a: has been notified in accordance with this Part; and b: complies with product safety requirements. 2: A notifier must not sell a notifiable product in New Zealand whose notification has expired. 3: A person who, without reasonable excuse, contravenes subsection (1) or (2) Section 60 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 61: Notifier must be New Zealand resident or company registered in New Zealand A notifier of a notifiable product must be a New Zealand resident or a company registered in New Zealand. Section 61 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 62: Pre-notification requirements Before notifying a notifiable product that is intended for sale in New Zealand, the notifier must ensure that the product complies with— a: product safety requirements; and b: sections 68 69 c: any applicable requirements in regulations. Section 62 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 63: How to notify product 1: A notifier must notify the notifiable product by entering on the database— a: the notifier’s contact details; and b: a description of the product and its parts (including its substances) in accordance with regulations; and c: a declaration by the notifier that the product complies with the requirements referred to in section 62 2: A person who, without reasonable excuse, provides false or misleading information in notifying a notifiable product commits an offence and is liable to a fine not exceeding $50,000. Section 63 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 64: When notification expires 1: A notification of a notifiable product expires 12 months after the date of notification (or its last notification) unless earlier cancelled or renewed. 2: A notifier may renew a product notification by notifying it in accordance with this Part before it expires. Section 64 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 65: Obligations of retailers 1: A retailer must not sell or supply a: unless it has been notified in accordance with this Part; or b: that does not comply with product safety requirements; or c: for which notification has been cancelled or suspended; or d: whose notification has been expired for more than 3 months; or e: that has been recalled under section 73 2: A retailer must not, unless subsection (3) vaping product or smokeless tobacco product Part 1 3: A specialist vape retailer— a: may sell a vaping product that contains any flavour except a prohibited flavour; but b: if the vaping product contains a flavour that is not from a class of flavour listed in Part 1 4: A retailer must comply with any requirements in regulations (if any) relating to the sale of vaping products or smokeless tobacco products 5: However, subsections (2) to (4) 6: A person who, without reasonable excuse, contravenes subsection (1), (2), (3), or (4) Section 65 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65(1) amended 1 January 2023 section 36(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 65(2) amended 1 January 2023 section 36(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 65(4) amended 1 January 2023 section 36(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 66: Obligation to notify adverse reaction 1: A notifier must advise the Director-General as soon as practicable after the notifier becomes aware of any adverse reaction to the notifiable product. 2: A person who, without reasonable excuse, contravenes subsection (1) 3: In this section, adverse reaction a: that is experienced by an individual who has used the product; and b: that is suspected to have been caused (wholly or partly) by the use of the product. Section 66 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 67: When notifiable product must be renotified 1: If, after a notifiable product has been notified, the product or any part of the product undergoes a significant change, the notifier must, as soon as practicable,— a: cancel the product notification for the product; and b: complete a new product notification that accurately reflects the change to the product. 2: In this section, significant change a: a change to the composition or nicotine level of the product’s vaping substance: b: a change to the composition or strength of the product’s tobacco component: c: a change to the product’s atomiser: d: a change to any other part or component of the product that is specified in regulations. Section 67 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 68: Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance 1: A notifiable product must not contain a prohibited substance. 2: A notifiable product must not contain a prohibited flavour. 3: A substance or mixture of substances that is intended to be vaporised or aerosolised by a notifiable product must not contain a colouring substance. Section 68 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 69: Substances in notifiable product must not exceed maximum limits 1: A notifiable product must not contain a substance in excess of any maximum limit declared under this section. 2: The Director-General may declare a maximum limit for a substance contained in a notifiable product if satisfied, on reasonable grounds, that exceeding the limit causes the product to become unsafe. 3: A declaration under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry of Health LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 69 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 69(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 69A: Annual testing for constituents of notifiable products 1: This section applies to a notifiable product specified in regulations as a product to which this section applies. 2: Every manufacturer and every importer of a notifiable product must, at their own expense, conduct either or both of the following tests (as regulations require): a: a test for the constituents of each brand of the product sold by the manufacturer or importer, and the respective quantities of those constituents: b: a test for the constituents of any emissions. 3: The tests must be conducted each year by 31 December in accordance with any requirements in regulations. 4: If regulations require it, each variant of the brand must be tested separately. 5: A person commits an offence if the person, without reasonable excuse,— a: fails to conduct any tests required under this section; or b: fails to conduct those tests in accordance with regulations. 6: A person who commits an offence under subsection (5) a: in the case of a body corporate, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. Section 69A inserted 1 January 2023 section 37 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 69B: Director-General may require testing or further testing of notifiable product 1: The Director-General may, by written notice, require a manufacturer or an importer of a notifiable product to conduct tests of the product. 2: Any tests required under this section may be in addition to any tests required under section 69A 3: The tests must be conducted— a: in accordance with regulations; and b: at the expense in all respects of the manufacturer or importer. 4: The manufacturer or importer must, if required by the Director-General in the written notice, provide, at their own cost, a sample of the product required to be tested— a: to the Director-General; and b: in the quantity specified in the notice. 5: In any year, the Director-General must not require tests to be conducted under this section in respect of more than 1 of the brands of prescribed notifiable products to which section 69A 6: However, subsection (5) 7: A person commits an offence if the person, without reasonable excuse,— a: fails to conduct any tests required under this section; or b: fails to conduct those tests in accordance with regulations. 8: A person who commits an offence under subsection (7) a: in the case of a body corporate, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. Section 69B inserted 1 January 2023 section 37 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 70: Declaration of prohibited substance 1: The Director-General may declare a substance to be a prohibited substance if satisfied that the substance is unsafe for use in a notifiable product. 2: A declaration under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry of Health LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 70(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 71: Director-General may require notifier to provide information about safety of notifiable product 1: The Director-General may, by written notice, require a notifier of a notifiable product to provide information relating to the safety of the notifiable product. 2: The notifier must provide the information within the period specified in the notice. 3: A notifier who knowingly provides false or misleading information in response to the notice commits an offence and is liable to a fine not exceeding $50,000. 4: A notifier who fails to comply with subsection (2) Section 71 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 72: Director-General may issue warning 1: If the Director-General has reasonable grounds to believe that the continued availability of a notifiable product poses a risk of harm to people, the Director-General may issue a public warning to that effect. 2: A public warning issued under subsection (1) Section 72 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 73: Recall 1: If the Director-General is satisfied, on reasonable grounds, that the continued availability of a notifiable product poses an unacceptable risk to people’s safety, the Director-General may— a: issue a public statement to that effect; and b: by written notice, require the notifier to arrange for the recall of the product. 2: The notice may specify when and how the notifier must comply with the notice. 3: The notifier must advise the Director-General as soon as practicable when the notice has been complied with. 4: A notifier who, without reasonable excuse, fails to comply with the notice commits an offence and is liable to a fine not exceeding $400,000. 5: A public statement issued under subsection (1) Section 73 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 74: Director-General may suspend product notification 1: The Director-General may suspend a product notification of a notifiable product for 1 month if— a: the Director-General has reasonable grounds to believe that the continued availability of a notifiable product poses an unacceptable risk of harm to people; or b: the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 71 c: the Director-General has reasonable grounds for concern because of new information about the safety of the product; or d: the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring substance, or contains a substance that exceeds any maximum limit. 2: Before suspending a product notification of a notifiable product, the Director-General must give the notifier a reasonable opportunity to be heard. 3: The Director-General may extend the period of suspension— a: for a further month: b: more than once. 4: The Director-General must tell the notifier in writing of the suspension and give reasons. 5: Before the period of suspension ends, the Director-General must— a: decide whether to cancel or reinstate the product notification for the product; and b: tell the notifier in writing of the decision and give reasons. 6: A cancellation or reinstatement takes effect immediately after the end of the period of suspension. 7: If a product notification of a notifiable product is cancelled, the notifier must comply with section 75(4) Section 74 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 75: Cancellation of product notification 1: The Director-General may cancel a product notification of a notifiable product without any prior suspension if— a: the Director-General has reasonable grounds to believe that the continued availability of the product poses an unacceptable risk of harm to people; or b: the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 71 c: the Director-General has reasonable grounds for concern because of new information about the safety of the product; or d: the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring substance, or contains a substance that exceeds any maximum limit. 2: Before cancelling a product notification of a notifiable product, the Director-General must give the notifier a reasonable opportunity to be heard. 3: The Director-General must tell the notifier in writing of the cancellation and give reasons. 4: If a product notification of a notifiable product is cancelled under this section or section 74 a: must ensure that the product is not sold by any person on and from the date on which the cancellation takes effect; and b: must not complete another product notification for the product unless the Director-General is satisfied, on application by the product notifier, that— i: the grounds for cancellation no longer apply; or ii: any concerns of the Director-General leading to the cancellation have been addressed appropriately. 5: A person who, without reasonable excuse, contravenes subsection (4)(a) 6: A person who, without reasonable excuse, contravenes subsection (4)(b) Section 75 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 76: Appeals against decision to suspend or cancel product notification Section 76 repealed 1 January 2023 section 38 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 77: Establishment of database and confidentiality of certain information 1: The Director-General must establish and maintain a database for the purpose of this Part. 2: The database may be in any form that the Director-General thinks fit. 3: The Director-General must protect the confidentiality of any information that— a: is entered b: may reasonably be regarded as confidential or commercially sensitive. Section 77 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 77(3)(a) amended 1 January 2023 section 39 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 78: Technical advisory committee 1: The Director-General may establish 1 or more advisory committees to advise the Director-General on the exercise and performance of the Director-General’s powers and functions under this Part. 2: The Director-General may— a: appoint members of the advisory committee on any terms and conditions that the Director-General thinks fit; and b: specify terms of reference for the committee’s work. 3: In appointing members of the advisory committee, the Director-General— a: must take into account the need for members to collectively have knowledge and expertise relating to— i: the risks and benefits associated with alternative tobacco and nicotine-delivery products; and ii: how alternative tobacco and nicotine-delivery products are regulated internationally; and iii: the manufacture, importation, and retail sale of alternative tobacco and nicotine-delivery products; and b: may take into account any other knowledge or expertise that the Director-General considers relevant. 4: An advisory committee may, subject to any provision in this Act, the regulations, and any terms of reference, determine its own procedure. Section 78 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 79: Appeals committee Section 79 repealed 1 January 2023 section 40 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 5: Regulations, enforcement, and other matters Part 5 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 80: Outline 1: Subpart 1 2: Subpart 2 3: Subpart 3 4: Subpart 4 Section 80 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 1: Regulations Subpart 1 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 81: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: Forms, registers, and other documents 1: prescribing forms, certificates, notices, leaflets, signs, particulars, and notifications, and the persons by whom and the persons to whom any of them must be supplied: 2: prescribing records and registers for the purposes of this Act or any of its Parts, including— i: prescribing the manner in which and the period during which any such records and registers must be kept; and ii: prescribing the persons to whom, and the conditions on which, any such records and registers may be available for searching, inspection, and copying: Internal area 3: prescribing criteria or a means for determining whether part of any premises or vehicle is an internal area for the purpose of paragraph (a) of the definition of internal area in section 2(1) Health messages on automatic vending machines 4: prescribing for the purposes of section 48 i: the form, size, and content of messages to be displayed on automatic vending machines that dispense regulated products: ii: the circumstances and manner in which the messages must be displayed: Section 24 exemptions 5: for the purposes of the exemption in section 24(g) i: vaping products that may be displayed in retail premises or on a retailer’s Internet site and how those products may be displayed: ii: information relating to vaping products that may be provided in retail premises or on a retailer’s Internet site and how that information may be provided: 6: prescribing— i: for the purposes of the exemption in section 24(k) ii: for the purposes of the exemption in section 24(l) 7: prescribing for the purposes of the exemption in section 24(a) Section 25 exemptions 8: prescribing for the purposes of the exemption in section 25(1)(a)(ii) section 25(1)(a) 9: prescribing for the purposes of the exemption in section 25(1)(b)(ii) section 25(1)(b) 10: prescribing for the purposes of the exemption in section 25(3)(b) section 25(3) 11: prescribing for the purposes of the exemption in section 25(4)(c) section 25(4) Section 27 exemptions 12: prescribing for the purposes of section 27(3)(c) and (d) i: communications about vaping products that a specialist vape retailer may make to customers in their approved vaping premises; and ii: communications by a specialist vape retailer about the safe use of regulated products available for purchase in their approved vaping premises: Acceptable forms of delivery and visibility 13: prescribing for the purposes of section 37(2) 46(2)(b) 14: prescribing for the purposes of section 37(3) 46(4) Health information and warnings at point of sale and on Internet 15: prescribing for the purposes of section 38 16: requiring sales health information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including— i: prescribing information or warnings that must be made visible; and ii: prescribing the requirements with which the information or warnings must comply: 17: prescribing for the purposes of section 43(2)(b) section 43(2) 18: requiring purchase age information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including— i: prescribing information or warnings that must be made visible; and ii: prescribing the requirements with which the information or warnings must comply: Infringement notices 19: prescribing for the purposes of section 89 section 21 section 89 Approval of smoked tobacco products 20: prescribing requirements for the purposes of section 57C(1) 20A: prescribing criteria that the Director-General must have regard to for the purpose of section 57C(2)(d) or (4) 20B: prescribing criteria that a smoked tobacco product or class of smoked tobacco product must meet for temporary approval by the Director-General under section 57C(3) 20C: prescribing the circumstances in which a temporary approval granted under section 57C(3) 20D: providing conditions that may be imposed by the Director-General when granting an approval or a temporary approval under section 57C 21: specifying the class or classes of regulated products to which section 56 Testing requirements 21A: prescribing standards and requirements for testing for the purpose of section 57C(2)(b) Annual returns , reports, and records 22: prescribing for the purposes of section 100 i: sales-related information that manufacturers, importers, approved smoked tobacco retailers, and specialist vape retailers must provide in the annual return required under that section: ia: reporting requirements for distributors of smoked tobacco products and general vape retailers: ii: the form and manner in which returns and reports required under that section must be prepared and filed: 22A: prescribing for the purposes of section 101 How certain regulated products may differ 23: prescribing for the purposes of section 2(2A) Specialist vape retailers 24: providing, in relation to applications for approval to be a specialist vape retailer,— i: for the manner in which the application must be made; and ii: requirements that must be met before approval may be given; and iii: conditions that may be imposed by the Director-General when granting an approval or criteria that apply when imposing a condition: 25: for the purpose of section 20P(4) i: the geographic location of the retail premises; or ii: the population in relation to which the retailer carries out their business: 26: prescribing any other criteria that the Director-General must have regard to for the purpose of section 20P(4) General matters 27: providing for any other related matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 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 81 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 81(1)(20) heading replaced 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(20) replaced 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(20A) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(20B) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(20C) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(20D) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(21A) heading inserted 1 January 2023 section 41(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(21A) inserted 1 January 2023 section 41(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(22) heading amended 1 January 2023 section 41(5) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(22)(i) replaced 1 January 2023 section 41(6) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(22)(ia) inserted 1 January 2023 section 41(6) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(22A) inserted 1 January 2023 section 41(7) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(25) amended 1 January 2023 section 41(8) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)(26) amended 1 January 2023 section 41(9) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 82: Regulations under section 81 1: Regulations made under section 81(1)(8) 2: Regulations made under section 81(1)(5) 3: Regulations under all or any of paragraphs (8), (9), (10), (15), (16), (17), and (18) of section 81(1) a: different classes of people who offer regulated products for sale: b: different classes of place of business: c: different classes of points of sale: d: different circumstances of the sales for which requirements are prescribed. 4: Regulations under section 81(1)(13) a: apply to specified classes of regulated products or packages or all regulated products or packages: b: prescribe for different classes of people who offer regulated products for sale different acceptable forms of visible delivery of all or any regulated products and packages: c: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, using a prescribed acceptable form of visible delivery. 5: Regulations under section 81(1)(14) a: prescribe for different classes of people who offer regulated products for sale different ways of allowing a regulated product or package to be visible: b: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, allowing a regulated product or package to be visible in a way prescribed. 6: Regulations under section 81(1)(15) section 38 a: the health information or warnings to be communicated by them: b: the shape and lengths of their sides: c: the width, and other aspects of, the borders around their edges: d: the typeface or font, point size, and other aspects of the format or layout, or of the clarity, legibility, and weight, of the printing on them of the health information or warnings to be communicated by them: e: the minimum area that they must have for printing across: f: any official attribution (which may, without limitation, be or include Ministry of Health Warning 7: Regulations under section 81(1)(16) section 39 a: the shape, and lengths, of the sides of that information or those warnings: b: the width, and other aspects, of the borders around the edges of that information or those warnings: c: the typeface or font, point size, and other aspects of the format or layout, or of the clarity and legibility, of all or any of the text of that information or those warnings: d: the minimum area of that information or those warnings: e: any official attribution (which may, without limitation, be or include Ministry of Health Warning Information that must be contained in annual returns 8: Regulations made under section 81(1)(22) a: require the return to— i: show the quantity of each brand, and of each variant of a brand, of regulated product sold during the previous year; and ii: show the recommended price of each brand, and of each variant of a brand, of regulated product sold during the previous year; and iii: show any other information about the regulated product in respect of the previous year; and b: specify different requirements for different kinds or classes of regulated product. Section 82 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 82(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 82A: Regulations for sale and distribution of smoked tobacco products 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing requirements for the purposes of sections 20H 20I 20L a: criteria for the approval of— i: a person as an approved smoked tobacco retailer; and ii: retail premises to which an application for approval applies; and b: fit and proper person criteria; and c: requirements for business systems; and d: criteria for imposing conditions on approvals or classes of approval. 2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82A inserted 1 January 2023 section 42 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 82B: Regulations relating to requirements for smoked tobacco products 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: a: prescribing safety standards for smoked tobacco products: b: specifying changes to a smoked tobacco product for the purposes of the definition of significant change in section 57C(6) c: for the purposes of section 57F(1) i: prohibiting constituents of smoked tobacco products: ii: prescribing limits for the quantities of constituents in smoked tobacco products or their emissions and a method of determining whether those limits have been exceeded: d: prescribing standards and requirements for testing for the purposes of section 57G(3) 57H(3) e: prescribing requirements for the method used to determine whether the limit and the prohibition specified in section 57I 2: Before preparing regulations under subsection (1)(a), (c), or (e), the Minister must consider— a: the risks and benefits to the population (including both users and non-users of smoked tobacco products) of regulating the constituent; and b: the risks and benefits to Māori (including both users and non-users of smoked tobacco products) of regulating the constituent; and c: whether regulating a constituent of a smoked tobacco product will reduce the use of the product by reducing the appeal or addictiveness of the product, including— i: the likelihood that existing users of smoked tobacco products will stop using the product; and ii: the likelihood that those who do not use smoked tobacco products will start using the product. 3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82B inserted 1 January 2023 section 42 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 83: Regulations for standardised packaging (including messages and information) 1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: prescribing for the purposes of section 50(1)(a) b: prescribing for the purposes of sections 50(1)(b)(ii) 53(1)(c) c: prescribing for the purposes of section 52 i: the form, size, and content of messages and information to be displayed with, on, or in the package for a regulated product: ii: the photographs and pictures to be displayed as part of or in addition to messages about effects relating to a regulated product: iii: the circumstances and manner in which the messages, information, photographs, and pictures must be displayed: iv: the constituents in a smoked tobacco product or its emissions that must be listed: d: prescribing for the purposes of section 50(2)(b) e: prescribing for the purposes of section 50(2)(c) 2: Regulations under subsection (1)(a) or (e) a: require a regulated product, or the package for a regulated product, to be a prescribed size and shape: b: prohibit a regulated product, or the package for a regulated product, from displaying any words or other marks unless they are permitted by section 50(2)(b) c: specify types of words or other marks that are permitted to be displayed on a regulated product or the package for a regulated product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages): d: specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and position of the words or marks): e: prohibit any type of feature from forming part of a regulated product or its package (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell). 3: Regulations under subsection (1)(b) a: may, for example, prescribe the number of cigarettes or the weight of loose regulated product that must be contained in a package; but b: must not prescribe a quantity that does not comply with section 50(2) 4: Regulations under subsection (1) a: requirements or options for all parts of a product or a package (for example, that all surfaces of a package must be a consistent drab brown colour with a matt finish): b: separate requirements or options for different parts of a product or a package (for example, that any plastic or other wrapping must be consistently transparent, uncoloured, and unmarked): c: separate requirements or options for— i: different classes of regulated product: ii: the packages for different classes of regulated product. 4A: Regulations under this section are secondary legislation ( see Part 3 5: In this section, appearance a: anything that may affect a person's senses; and b: any aspect of design, such as shape, size, colour, texture, or material. The following table is small in size and has 3 columns that are grouped under the 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 83 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 83(1)(c)(iv) inserted 1 January 2023 section 43 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 83(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Notifiable products Heading inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 84: Regulations relating to notifiable products 1: The Governor-General may, by Order in Council, make regulations— a: prescribing safety requirements for regulated products that are notifiable products: b: specifying changes to the parts or components of a notifiable product for the purpose of the definition of significant change in section 67(2) ba: prescribing standards and requirements for testing for the purposes of section 69A(3) 69B(3) c: amending Part 1 d: amending Part 2 e: specifying requirements that apply to retailers in relation to notifiable products that contain a flavour: f: specifying how a notifier must describe a product and its parts when notifying it: g: declaring a regulated product to be a notifiable product. 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 84 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 84(1)(ba) inserted 1 January 2023 section 44(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 84(1)(g) inserted 1 January 2023 section 44(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 84(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 85: Regulations imposing fees 1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: requiring the payment to the Director-General of fees— i: by a notifier in respect of products that must be notified under Part 4 ii: by a notifier in connection with the performance or exercise by the Director-General of any function, power, or duty under Part 4 iii: by an applicant in relation to an application for approval as a specialist vape retailer under Part 1B iv: by a person in respect of the notification of, or the renewal of a notification of, a notifiable product under section 20R v: by a distributor in respect of the notification of, or the renewal of a notification of, smoked tobacco products under section 20S vi: by an applicant in relation to an application for approval as an approved smoked tobacco retailer under Part 1B vii: by an applicant in relation to an application for approval or temporary approval of a smoked tobacco product under Part 3A b: prescribing the amounts of those fees and charges or the manner in which those fees are to be calculated. 2: Any Order in Council made under subsection (1) 3: Any fee prescribed under this section is recoverable in any court of competent jurisdiction as a debt due to the Crown. 4: Regulations under this section are secondary legislation ( see Part 3 5: If the regulations authorise the Director-General to refund or waive, under subsection (2), payment of a fee, charge, or cost payable,— a: the instrument effecting the refund or waiver 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 (4A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4A) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4A) 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 85 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 85(1)(a)(iii) replaced 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)(a)(iv) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)(a)(v) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)(a)(vi) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)(a)(vii) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 85(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 86: Regulations imposing levies 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies that must be paid by a retailer, distributor, importer, or manufacturer of— a: a notifiable product under Part 4 b: a smoked tobacco product. 2: Levies may be prescribed on the basis of— a: the costs of the Director-General in performing or exercising the Director-General’s functions, powers, and duties under Part 4 b: the costs of the Director-General in performing or exercising the Director-General’s functions, powers, and duties under Parts 1B 3A section 85 c: the costs of collecting the levy money. 3: Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years. 4: The regulations may— a: specify the class or classes of retailer, distributor, importer, or manufacturer that are required to pay a levy: b: specify the amount of levies, or method of calculating or ascertaining the amount of levies: c: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs: d: provide for refunds of any over-recovery of the actual costs: e: provide for the payment and collection of levies: f: provide different levies for different classes of retailer, distributor, importer, or manufacturer: g: specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced: h: for the first financial year to which a levy applies, include in a levy amount or method the costs relating to establishing the database and performing or exercising the functions, duties, and powers of the Director-General that relate to Part 4 i: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced: j: provide for waivers or refunds of the whole or any part of a levy for any case or class of cases. 5: If a person is in 2 or more classes of retailer, distributor, importer, or manufacturer in respect of which different levies have been prescribed, the person must pay each of those levies (unless the regulations provide otherwise). 6: Any levy prescribed under this section is recoverable in any court of competent jurisdiction as a debt due to the Crown. 7: 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 86 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 86(1) replaced 1 January 2023 section 46(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(2) replaced 1 January 2023 section 46(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(4)(a) replaced 1 January 2023 section 46(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(4)(f) replaced 1 January 2023 section 46(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(5) replaced 1 January 2023 section 46(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Offences Subpart 2 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Subpart 2 heading replaced 1 January 2023 section 47 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Infringement offences Heading inserted 1 January 2023 section 48 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 87: Infringement offences In this subpart,— infringement fee a: in relation to an infringement offence against any of sections 38(3) 39(3) 42(2) 43(4) 44(4) 47(4) 53(4) section 41(2) b: in relation to an infringement offence against any of sections 34(4) 36(5) 37(4) 40(2) 46(3), 54(4) section 41(2) i: $1,000, in the case of a manufacturer, an importer, or a distributor; or ii: $500; and c: in relation to an infringement offence against section 20R(4) 20S(4) infringement offence sections 20R(4) 20S(4) 34(4) 36(5) 37(4) 38(3) 39(3) 40(2) 41(2) 42(2) 43(4) 44(4) 46(3) 47(4) 53(4) 54(4) Section 87 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 87 infringement fee amended 1 January 2023 section 49(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement fee amended 1 January 2023 section 49(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement fee inserted 1 January 2023 section 49(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement offence amended 1 January 2023 section 49(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement offence amended 1 January 2023 section 49(5) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 88: Commission of infringement offences 1: A person who is alleged to have committed an infringement offence may— a: be proceeded against for the alleged offence by the filing of a charging document under the Criminal Procedure Act 2011 b: be served with an infringement notice as provided for in section 89 2: Proceedings commenced in the way described in subsection (1)(a) section 21(1)(a) 3: See section 21 Section 88 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 89: Infringement notices 1: An enforcement officer may issue an infringement notice on a person if the officer believes on reasonable grounds that the person is committing or has committed an infringement offence. 2: An enforcement officer may deliver the infringement notice (or a copy of it) to the person alleged to have committed the infringement offence— a: by delivering it personally or by post addressed to that person's last known place of residence or business; and b: regardless of whether the enforcement officer issued the infringement notice. 3: An infringement notice (or a copy of it) sent to a person under subsection (2) 4: An infringement notice must be in the prescribed form and must contain the following particulars: a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and b: the amount of the infringement fee; and c: the address of the place at which the infringement fee may be paid; and d: the time within which the infringement fee must be paid; and e: a summary of the provisions of section 21(10) f: a statement that the person served with the notice has a right to request a hearing; and g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and h: any other particulars that may be prescribed. 5: If an infringement notice has been issued under this section, the procedure under section 21 Section 89 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 90: Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 90 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Other offence provisions Heading inserted 1 January 2023 section 50 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 90A: Liability for action of employee 1: This section applies to an offence against section 20G(3) 20H(2) 20J(8) 40(2) 43(4) 44(4) 57B(2) 57C(8) 57D(8) 57F(2) 57H(6) 69B(7) 2: Anything done by a person ( A B 3: Anything done by a person ( A B Section 90A inserted 1 January 2023 section 50 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 90B: Burden of proof of reasonable excuse In proceedings for an offence against any of sections 17(3) to (6) and (8C) 20G(3) 20H(2) 20J(8) 20P(5) 20R(4) 20S(4) 23(5) 27(2) 29(2) 30(5) 31(5) 33(6) 34(4) 36(5) 37(4) 38(3) 39(3) 43(4) 44(4) 46(3) 47(4) 48(2)(b) 53(4) 54(4) 55(2) 57(6) 57C(8) 57D(8) 57G(4) 57H(6) 60(3) 63(2) 65(6) 66(2) 69B(7) 73(4) 75(5) and (6) 101(6) a: the prosecutor need not assert absence of reasonable excuse in the charging document; and b: the burden of proving that the defendant had a reasonable excuse lies on the defendant. 1990 No 98 s 65AA Section 90B inserted 1 January 2023 section 50 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 3: Enforcement officers Subpart 3 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 91: Appointment of enforcement officers 1: The Director-General must appoint to enforce this Act people who are— a: employees of the Ministry Local Government Act 2002 Health New Zealand established by the Pae Ora (Healthy Futures) Act 2022 b: employees or officers of some other person or body; or c: officers designated under section 7A d: inspectors appointed under section 163 2: A person may be appointed by name, or as the holder for the time being of a particular position. 3: The Director-General must not appoint a person under subsection (1)(b) a: in the case of a named person, that the person is suitably qualified and trained: b: in the case of the holder for the time being of a particular position, that holders of the position are likely to be suitably qualified and trained. 4: Every enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section. 5: The Director-General may do any or all of the following: a: appoint people to enforce only some of the provisions of this Act: b: appoint people to exercise only some of the powers given to enforcement officers under this Act ( enforcement powers c: appoint people subject to limitations or restrictions on their exercise of enforcement powers. 6: An instrument of appointment must state— a: the provisions of this Act that an enforcement officer is appointed to enforce (whether all or stated provisions); and b: enforcement powers that the enforcement officer is appointed to exercise (whether all enforcement powers or stated powers); and c: all limitations and restrictions on the enforcement officer’s exercise of enforcement powers. Section 91 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 91(1)(a) amended 1 January 2023 section 51 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 91(1)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 92: Protection of people acting under authority of this Act No enforcement officer who does an act or omits to do an act when carrying out a duty, performing a function, or exercising a power conferred on that person by or under this Act is under any civil or criminal liability in respect of that act or omission unless the person has acted or omitted to act in bad faith or without reasonable care. Section 92 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 93: Powers of entry and inspection 1: This section applies to a place if— a: this Act imposes duties, restrictions, or prohibitions in respect of places of a kind to which it belongs; or b: there is carried out in it, regularly or from time to time, an activity in respect of which this Act imposes duties, restrictions, or prohibitions. 2: An enforcement officer may at any reasonable time enter a place if— a: the officer believes on reasonable grounds that it is a place to which this section applies; and b: it is not a dwelling house or other residential accommodation. 3: An enforcement officer who enters a place under subsection (2) a: inspect the place, including any regulated products for sale at the place: b: take photographs, videos, or other recordings with any device brought by the officer: c: take samples of the air in the place with any device that the officer brings for that purpose: d: if the officer believes on reasonable grounds that the place is a place where regulated products are sold from time to time,— i: exercise the powers given by section 94 ii: inspect any advertising or display material relating to regulated products on display in the place, or on the outside of a building containing the place. 4: An enforcement officer exercising powers under this section may be accompanied by a constable. 5: Subsection (2) a: under authority given by or under an enactment other than this section; or b: with the consent of an occupier. Section 93 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 94: Enforcement officer may require identifying information 1: An enforcement officer may at any time require information under subsection (2) a: regulated products have been sold to a person younger than 18 years in and from a place where regulated products are sold; or b: regulated products have, after they are sold, been delivered to a person younger than 18 years in and from the place where they are sold; or c: regulated products have been delivered to a person younger than 18 years after being sold at that place (where the regulated products were sold) or at another place. 2: The enforcement officer may— a: require the person that the officer believes on reasonable grounds to have sold, delivered, or arranged for the delivery of the regulated product to, while the person is at the place where the regulated product was sold, give the officer their name and address; and b: require the person who appears to be in charge of that place, or part of that place, to give the officer— i: the name and address of the person described in paragraph (a) ii: if that information is not within the person’s knowledge, the name or any other identifying information within the person’s knowledge relating to the person described in paragraph (a) 3: An enforcement officer who suspects that the person described in subsection (2)(a) subsection (2)(a) a: there is no other person in the place who appears to be in charge of the place; or b: there is another person in the place who appears to be in charge of it, but the enforcement officer suspects that person is also younger than 18 years. 4: An enforcement officer who suspects that the person in charge of the place is younger than 18 years must not require the person to provide information under subsection (2)(b) Section 94 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 95: Search warrant 1: An enforcement officer may apply for a search warrant in respect of any place. 2: The enforcement officer must apply in the manner provided in subpart 3 3: An issuing officer may issue a search warrant in respect of the place if satisfied that there are reasonable grounds— a: to suspect that an offence has been, is being, or will be committed against this Act; and b: to believe that there is evidential material in the place. 4: The provisions of Part 4 sections 118 119 5: In this section, evidential material issuing officer section 3(1) Section 95 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 96: Purposes for which powers may be used 1: The powers given by section 93 a: finding out whether this Act is being complied with in and in respect of the place entered: b: finding out the extent to which this Act is not being complied with in or in respect of the place entered: c: exercising the powers given by section 97 2: The powers given by section 94 section 94(2) 3: This section does not prevent an enforcement officer from using in proceedings for an offence against this Act evidence obtained during the lawful exercise of any of the powers given by sections 93 94 Section 96 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 97: Duties of enforcement officers 1: When an enforcement officer exercises any power under section 93 a: identify themselves as an enforcement officer to the person in charge; and b: if asked by the person in charge to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both. 2: When an enforcement officer exercises any power under section 94 a: identify themselves as an enforcement officer to the person; and b: if asked by the person to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both. Section 97 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 98: Offence to obstruct enforcement officers, intentionally fail to comply with section 93, or give false and misleading information A person commits an offence, and is liable on conviction to a fine not exceeding $10,000, if the person— a: intentionally obstructs, hinders, or resists an enforcement officer exercising or attempting to exercise powers under section 93 94 b: intentionally fails to comply with a requirement under section 93 c: when required to give information by or under this Act, gives information that the person knows to be false or misleading. Section 98 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 99: Enforcement 1: It is the Director-General's duty to enforce this Act. 2: Every prosecution for an offence against this Act must be commenced by the Director-General or a person authorised by the Director-General. 3: Despite anything to the contrary in section 25 Section 99 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 4: Annual returns and reports Subpart 4 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 100: Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products 1: Each year a person who is a manufacturer of regulated products or an importer of regulated products must, in accordance with regulations,— a: prepare— i: a return showing sales-related information required by regulations in respect of the regulated products manufactured or imported by the person; and ii: a report of the results of all tests (if any) that the person conducted during the previous year for the purposes of section 56 57 57G 57H 69A 69B b: file the return and the report with the Director-General no later than 31 January. 2: Each year a retailer of regulated products a: prepare a return showing sales-related information required by regulations in respect of the regulated products or class of regulated products sold by the retailer; and b: file the return with the Director-General no later than 31 January. 2A: A distributor of smoked tobacco products must report to the Director-General on their distribution activities in accordance with regulations. 3: The Director-General— a: must take all practicable steps to ensure that all returns and reports received under this section are publicly available on an Internet site under the Director-General’s control; and b: may publish or make publicly available in any other way all or any part of any such return or report. 4: A person who fails to comply with subsection (1), (2), or (2A) a: in the case of a body corporate, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. Section 100 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 100 heading amended 1 January 2023 section 53(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(1)(a)(ii) amended 1 January 2023 section 53(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(2) amended 1 January 2023 section 53(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(2A) inserted 1 January 2023 section 53(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(4) amended 1 January 2023 section 53(5) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 101: Record-keeping requirements for regulated products 1: This section applies to a manufacturer, importer, exporter, distributor, or retailer of a regulated product. 2: The person must take reasonable steps to keep accurate records of— a: all the regulated products that they manufacture, import, export, buy, sell, or supply; and b: for a manufacturer, the constituents required by regulations to be recorded that the manufacturer uses or intends to use in the manufacture of each regulated product. 3: The person must keep the records for 3 years from the date of each transaction. 4: An enforcement officer may require a person to provide a copy of the records kept under this section by notice in writing. 5: The person must provide the enforcement officer with a copy of the records, in the format required in the notice, within 10 working days of receiving the notice. 6: A person who, without reasonable excuse, fails to comply with subsection (2), (3), or (5) a: in the case of a body corporate, to a fine not exceeding $10,000; or b: in any other case, to a fine not exceeding $5,000. Section 101 inserted 1 January 2023 section 54 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 5: Appeals Subpart 5 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 102: Appeals against decision to suspend or cancel product approval or notification 1: If the Director-General decides to suspend or cancel the approval of a smoked tobacco product or a notification of a notifiable product, the following persons may appeal to the appeals committee against the decision: a: in the case of an approval of a smoked tobacco product, the holder of the approval: b: in the case of a notification of a notifiable product, the notifier. 2: The holder of the approval or the notifier may lodge the appeal within 60 days after the Director-General’s decision or within any further period that the appeals committee may allow. 3: The decision being appealed against continues in force unless the appeals committee orders otherwise. 4: An appeal is by way of rehearing. 5: On hearing the appeal, the appeals committee may— a: confirm, reverse, or modify the decision appealed against: b: make any other decision that the Director-General could have made. 6: The appeals committee must not review any decision, or any part of a decision, not appealed against. 7: A party may appeal to the High Court— a: against a determination of the appeals committee on a question of law only; and b: in accordance with the rules of court. Section 102 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 103: Appeals committee 1: The appeals committee established under section 79 2: The appeals committee may determine appeals against decisions of the Director-General to cancel or suspend an approval of a smoked tobacco product or a product notification. 3: The appeals committee must consist of 3 members, each appointed by the Minister on any terms and conditions that the Minister thinks fit. 4: The appeals committee may, subject to any provision of this Act or regulations, regulate its own procedure. 5: In performing its functions or exercising its powers under this Act, the appeals committee must— a: act independently; and b: comply with the principles of natural justice. Section 103 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 6: Direct access to information by government agencies Subpart 6 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 104: Direct access to information by government agencies 1: The purpose of this section is to facilitate access by a government agency to information stored in a database for the purpose of assisting the chief executive of that agency to administer and enforce this Act and the Customs and Excise Act 2018 2: The Director-General may, for the purposes of this section, allow the chief executive of the New Zealand Customs Service or any other government agency to access 1 or more databases in accordance with a written agreement entered into by the Director-General and the chief executive. 3: A written agreement must specify— a: the database or databases that may be accessed; and b: the particular type or class of information that may be accessed; and c: the particular purpose or purposes for which the information is accessed; and d: the particular function being, or to be, carried out by the government agency for which the information is required; and e: the mechanism by which the information is to be accessed; and f: how the information accessed is to be used by the government agency to achieve the particular purpose or purposes; and g: the positions or designations of the persons in the government agency who may access the database or databases; and h: the records to be kept in relation to each occasion a database is accessed; and i: the safeguards that are to be applied for protecting personal information, or commercially sensitive information, that is disclosed; and j: the requirements relating to storage and disposal of information obtained by the agency from the database or databases; and k: the circumstances (if any) in which the information may be disclosed by the government agency to another agency, and how that disclosure may be made; and l: the requirements for reviewing the agreement. 4: In this section,— chief executive of a government agency government agency a: a public service agency (as defined in section 5 i: the Ministry; and ii: the Government Communications Security Bureau; and iii: the New Zealand Security Intelligence Service; and iv: Statistics New Zealand: b: a Crown agent named in Part 1 c: an independent Crown entity named in Part 3 d: the New Zealand Police: e: the New Zealand Defence Force. 2018 No 4 s 315 Section 104 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 7: Review of certain provisions of Act Subpart 7 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 105: Ministry must review certain provisions of Act 1: The Ministry must, no later than 1 January 2029,— a: conduct a review of the policy and operation of the following: i: Part 1B ii: sections 40A and 40B iii: Part 3A b: prepare and provide to the Minister a report on the review. 2: As soon as practicable after receiving the report, the Minister must present a copy to the House of Representatives. Section 105 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022

DLM225563

1990

National Provident Fund Restructuring Act 1990

1: Short Title and commencement 1: This Act may be cited as the National Provident Fund Restructuring Act 1990. 2: Except as provided in subsection (3), this Act shall come into force on the date on which it receives the Royal assent. 3: Parts 2 3 5 6 sections 18 19 78 82 Schedules 3 4 6 7 8 2: Interpretation In this Act, unless the context otherwise requires,— actuary a: a person who is a Fellow of the New Zealand Society of Actuaries Incorporated; or b: a person whom the Board considers to have an equivalent professional qualification aircrew superannuation scheme beneficiary benefit Board section 12 corporate contributor a: who is a contributor to that scheme; and b: whose contributions are made solely for the purpose of subsidising the contributions of a natural person or obtaining a benefit for a natural person; and c: who does not, as a result of those contributions, personally become eligible to receive a benefit Crown DBP annuitants scheme section 41(2)(a) DBP contributors scheme section 41(2)(b) debt security section 8 dedicated reserves defined benefit scheme Part 3 defined contribution scheme a: a defined benefit scheme: b: the aircrew superannuation scheme: c: an old public scheme employee employer equity security section 8 existing investment arrangement Part 2 existing scheme scheme a: means any superannuation scheme, benefit plan, or other arrangement having a similar purpose that is referred to in Part 1 b: includes any such scheme, plan, or other arrangement after it has, from time to time, been reconstituted, amended, amalgamated, or divided in accordance with its trust deed or c: includes, on and after the transfer day, the DBP annuitants scheme, the DBP contributors scheme, and the aircrew superannuation scheme; and d: includes any trust fund or property held in respect of any scheme, plan, or arrangement referred to in this definition free reserve a: each of the old public schemes, less an amount certified by an actuary as equating as at that time with the value of the liabilities of that scheme (including any reasonable expectation of future increases in benefits based on past practice); or b: the accumulated reserves of the arrangement known as the additional benefit plan Fund National Provident Fund Act 1950 GAT subsidiary a: means a body identified as such in the proposal; and b: includes, where the body is a unit trust— i: which has more than 1 pool of property, each such pool; and ii: the Board as trustee of that unit trust or pool global asset trust clause 2 instrument a: any instrument (other than this Act) of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities or would do so if it, or a copy of it, were lodged, filed, or registered under any enactment; and b: any judgment, order, or process of a court liabilities local authority a: means a local authority within the meaning of the Local Government Act 2002 b: includes any body that, immediately before the repeal of the Local Authorities Loans Act 1956 on 1 July 1998, was a local authority within the meaning of Part 1 of that Act, whether by virtue of section 2 of that Act, or of any Order in Council under that Act, or by virtue of any other Act; and c: includes any body that is declared by an enactment to be a local authority for the purposes of the National Provident Fund Act 1950 or this Act managed investment product section 8 management a: in relation to any existing scheme, includes administration, and management of the investments, of the scheme: b: in relation to the global asset trust, includes administration, and management of the investments, of the global asset trust: c: in relation to any GAT subsidiary that is a unit trust, includes administration, and management of the investments, of that unit trust,— and manage manager market value a: for the purpose of Schedule 2 b: for any other purpose, the market value calculated according to the same criteria as those applied by the Board in the preparation member Minister NPF group company old public scheme a: the Level Premium Scheme; or b: the Annual Single Premium Scheme; or c: the Post-60 Scheme; or d: the Staff Pension Scheme; or e: the National Superannuation Scheme for Farm Workers participatory security section 2 pool section 25(1)(b) property a: units in the global asset trust and any GAT subsidiary which is a unit trust: b: choses in action and money: c: goodwill: d: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective proposal section 9 section 10 or section 10A section 7(1) registered scheme section 6(1) rights solicitor Law Practitioners Act 1982 superannuation scheme means a retirement scheme (within the meaning of section 6(1) transfer day trust deed trust fund unclaimed money a: that is or was payable to any person out of the Fund or any trust fund; and b: for which no claim or demand has been made by or on behalf of that person; and c: that remains as part of the Fund or any trust fund in case any person establishes a lawful claim to the money. 1986 No 129 s 2 1989 No 10 s 2 Section 2 actuary substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2 debt security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2 equity security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2 existing scheme scheme amended 29 October 1997 section 3 National Provident Fund Restructuring Amendment Act 1997 Section 2 Government Actuary repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 managed investment product inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2 market value amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2 proposal amended 8 May 1992 section 2 National Provident Fund Restructuring Amendment Act 1992 Section 2 registered scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2 superannuation scheme amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 3: Act to bind the Crown This Act shall bind the Crown. 1: Restructuring of National Provident Fund Proposal for restructuring of Fund 4: Preparation of proposal for restructuring of Fund The Board shall, not later than the date that is 4 months before the transfer day (or such other date as the Minister and Board may agree), submit to the Minister— a: a draft proposal for the restructuring of the Fund which complies with sections 5 to 7 b: a certificate from an actuary— i: confirming that the requirements of section 6 ii: setting out the basis for calculating the interest in the Fund that is attributable to any existing scheme or investment arrangement. 5: Matters to be provided for in proposal 1: The proposal— a: shall specify or provide for each of the matters specified in Schedule 2 b: shall include such other matters relating to the restructuring of the Fund as the Board and the Minister may agree. 2: Nothing in subsection (1) shall limit the matters that may be included in the proposal. 6: Principles governing restructuring of Fund In preparing a draft proposal, the Board shall— a: comply with section 5 b: subject to paragraph (a), ensure that the restructuring of the Fund is fair and equitable to all members and other beneficiaries of the existing schemes and to all persons who have deposited or invested money pursuant to the existing investment arrangements. 7: Matters to accompany draft proposal, etc 1: The draft proposal shall be accompanied by— a: the proposed trust deed for the global asset trust; and b: the proposed trust deed for any GAT subsidiary that is a unit trust; and c: the proposed trust deeds to be prepared in respect of the DBP annuitants scheme, the DBP contributors scheme, and the aircrew superannuation scheme. 2: The Board shall supply to the Minister such additional information relating to the draft proposal as the Minister may from time to time require at any time before the date which is 1 month before the transfer day. 8: Changes to draft proposal by Minister 1: The Minister shall,— a: not later than the date that is 2 months after the day on which the Minister receives the draft proposal referred to in section 4 b: after consulting the Government Actuary and, where the Minister proposes to require changes to be made to the draft proposal, the Board,— give written advice to the Board as to whether the Minister requires changes to be made to the draft proposal and, if so, the nature of those changes. 2: The Minister shall not require any changes to be made to the draft proposal that would be inconsistent with sections 5 6 3: The Board shall, not later than the date that is 35 days before the transfer day (or such other date as the Minister and Board may agree) submit to the Minister a final draft proposal consisting of the draft proposal submitted by it under section 4 9: Approval of proposal by Order in Council 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, approve any draft proposal prepared in accordance with this Part. 2: The Minister shall not make a recommendation for the purpose of this section unless he or she is satisfied that sections 5 to 8 3: The Order in Council under this section— a: shall identify the draft proposal approved, but need not incorporate it in the order; and b: is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(3)(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 10: Amendment of proposal by Order in Council 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, approve any amendment to the proposal at any time or times after it has been approved under section 9 2: The Minister shall not make a recommendation for the purposes of this section— a: unless he or she is satisfied that the proposal as amended complies with sections 5 6 b: unless the amendment is approved in writing by the Board. 3: Any Order in Council under this section— a: shall identify the amendment approved, but need not incorporate it in the order; and b: is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 10(3)(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 10A: Amendment of proposal after transfer day 1: The Governor-General may, by Order in Council, made on the recommendation of the Minister, approve any amendment to the proposal at any time or times after the transfer day. 2: The Minister shall not make a recommendation for the purposes of this section unless— a: he or she is satisfied that the amendment is necessary for the purposes of correcting any error in the proposal as approved under section 9 b: he or she is satisfied that the proposal as amended complies with sections 5 6 c: the amendment is approved in writing by the Board. 3: Any Order in Council under this section— a: shall identify the amendment approved, but need not incorporate it in the order; and b: is secondary legislation ( see Part 3 c: comes into effect in accordance with subsection (4), even if it is not yet published. 4: Every amendment approved under this section shall be deemed to have effect on and from the transfer day and the provisions of this Act shall apply to the proposal as so amended accordingly. The following table is small in size and has 3 columns that are grouped under the 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 10A inserted 7 November 1991 section 2 National Provident Fund Restructuring Amendment Act 1991 Section 10A(3)(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10A(3)(c) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Implementation of proposal for restructuring of Fund 11: Implementation of proposal 1: The Board shall, as soon as practicable after the proposal has been approved by Order in Council, arrange for the implementation of the proposal. 2: Any documents executed, and all other arrangements made, for the purpose of implementing the proposal shall become effective as at the transfer day. 2: Continuation and renaming of National Provident Fund Board 12: Continuation of Board 1: There shall continue to be a body corporate which shall be the same body corporate as that existing under the name of the National Provident Fund Board immediately before the commencement of this Part. 2: Upon the transfer day the Board shall be renamed the Board of Trustees of the National Provident Fund. 3: The Board is a body corporate with perpetual succession and a common seal and shall have and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity. 13: Membership of Board 1: The Board shall consist of no fewer than 4 members appointed from time to time by the Minister. 2: One member of the Board shall be appointed by the Minister as the chairperson of the Board. 14: Continuation in office of existing members of Board 1: The chairman and members of the Board established under the National Provident Fund Act 1950 holding office immediately before the transfer day shall, subject to subsection (2), continue to be the chairperson and members respectively of the Board on and after the transfer day. 2: The chairperson and members of the Board who continue to hold office under this section shall hold office during the pleasure of the Minister. 15: Members of Board appointed after transfer day 1: Any appointment to the Board on or after the transfer day (other than in accordance with section 14 a: consultation by the Minister with the groups identified in Schedule 3 b: consideration by the Minister of any recommendations that any such groups or persons may make. 2: Any member of the Board who is appointed under this section shall be appointed for such term not exceeding 3 years as the Minister shall specify in the instrument appointing that member. 3: Any such member may, at any time during his or her term of office, be removed from office by the Minister by notice in writing. 4: Any such member shall be eligible for reappointment from time to time. 5: Where the term for which any such member has been appointed expires, that member, unless sooner removed from office under subsection (3) or vacating office under clause 1 a: that member is reappointed; or b: a successor to that member is appointed; or c: that member is informed in writing by the Minister that the member is not to be reappointed and that a successor to that member is not to be appointed. 16: Board to be restricted to existing schemes and existing investment arrangements 1: The Board shall not establish or offer any superannuation scheme, benefit plan, or other arrangement having a similar purpose other than— a: an existing scheme: b: an existing investment arrangement: c: the global asset trust. 2: The Board shall not carry on any business other than— a: through or in respect of an existing scheme, an existing investment arrangement, the global asset trust, a GAT subsidiary, or a company that is wholly owned by the Board as trustee of the global asset trust or as trustee of a pool b: providing life reinsurance to any existing scheme; or c: as permitted by section 83 3: The Board may, in addition, provide services in respect of any fund or superannuation scheme that is managed by the Crown or a Crown entity or an entity whose board is appointed by the Crown and approved by the Minister for that purpose, on any terms and conditions that the Board thinks fit. Section 16(2)(a) amended 7 November 1991 section 3 National Provident Fund Restructuring Amendment Act 1991 Section 16(3) added 22 August 2001 section 38(1) Government Superannuation Fund Amendment Act 2001 17: Further provisions applying in respect of Board The provisions set out in Schedule 4 18: Board's power to settle claims Without limiting any other powers that the Board may have, the Board shall have— a: the power to settle any claim by or against the Board, whether the claim is actual or prospective and whether or not any proceedings have been commenced in respect of the claim; and b: the power to meet out of the Fund, or any appropriate trust fund, pool, or GAT subsidiary, any liability arising out of or in connection with a settlement of any such claim against the Board; and c: the power to enter into any commitments, obligations, or arrangements for the purpose of settlement of any such claim. 19: Board's power to invest For the avoidance of doubt, it is hereby declared that, on and after 1 October 1988, the Board's power to invest in property any money belonging to the Fund shall include, or have incidental to it, the power to enter into a commitment, obligation, or arrangement under which the Board (or a nominee of the Board) may acquire, or be obliged to acquire, that property. 20: Existing appointments, etc, of Board 1: On and from the transfer day, the Board shall— a: be deemed to have been appointed as the trustee of each of the existing schemes; and b: continue as the person responsible for honouring the existing investment arrangements in the capacity specified in the proposal; and c: continue as a sinking fund commissioner and depreciation fund commissioner for any local authority or other person, in any case where the Board held appointment as such immediately before the transfer day; and d: continue in any other position held by the Board in any other official capacity immediately before the transfer day. 2: Except as expressly provided by this Act or the proposal, the continuity and operation of the Board shall in no way be affected, nor shall any property, powers, authorities, or liabilities of the Board, or any legal or other proceedings instituted or to be instituted by or against the Board, be affected by this Act or the proposal. 3: Subject to the provisions of this Act, and to the terms of any trust deed in respect of an existing scheme, the Board shall have the same responsibilities regarding that scheme as a trustee of a registered scheme that is a restricted scheme under the Financial Markets Conduct Act 2013 Section 20(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 3: Provisions relating to implementation of restructuring of Fund and Board 21: Vesting of property 1: The property held by the Board in the course of its administration of the existing schemes and existing investment arrangements and the performance of its functions under the National Provident Fund Act 1950 shall, on the transfer day, by virtue of this Act be deemed to be held by the Board or a GAT subsidiary, as the case may be, in the capacity and manner provided for by the proposal. 2: Where any property is vested on the transfer day in the Board as trustee of any existing scheme or pool, that property shall be property only of that existing scheme or pool and shall not be property of any other scheme or pool. 3: This section shall have effect notwithstanding any other enactment or rule of law. 22: Vesting of liabilities 1: The liabilities incurred by the Board in the course of its administration of the existing schemes and the existing investment arrangements and the performance of its functions under the National Provident Fund Act 1950 and any other liabilities of the Board or the Fund of whatever nature and howsoever arising, shall, on the transfer day, vest by virtue of this Act in the Board or a GAT subsidiary, as the case may be, in the capacity and manner provided for by the proposal. 2: Where any liabilities are vested on the transfer day in the Board as trustee of any existing scheme or pool, those liabilities shall be liabilities only of that scheme or pool, as the case may be, and shall not be liabilities of any other scheme or pool. 3: This section shall have effect notwithstanding any other enactment or rule of law. 23: Certain matters not affected by restructuring Nothing effected or authorised by any Part of this Act— a: shall be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong; or b: shall be regarded as giving rise to any cause of action against the Fund; or c: shall be regarded as giving rise to a right for any person to— i: terminate or cancel or modify a contract or an agreement; or ii: enforce or accelerate the performance of an obligation; or iii: require the performance of an obligation not otherwise arising for performance; or d: shall be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any property or the disclosure of any information; or e: shall release any surety wholly or in part from all or any obligation; or f: shall invalidate or discharge any contract or security. 1986 No 129 s 6(g) Provisions relating to global asset trust 24: Interests in global asset trust 1: The global asset trust established in accordance with the proposal— a: shall have the Board as its trustee; and b: shall be deemed, on the transfer day, to have issued participatory securities to the Board as trustee of each of the existing schemes. 2: The trust deed for the global asset trust shall be in a form approved by the Minister. 3: The participatory securities referred to in subsection (1)(b)— a: shall be of such class and number as is determined in accordance with the proposal; and b: shall be deemed to be participatory securities for the purpose of section 3 ; and c: to avoid doubt, are managed investment products on and after the global asset trust is treated as a registered scheme under section 59A Section 24(3)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 24(3)(c) inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 25: Status of global asset trust 1: The global asset trust established in accordance with the proposal shall— a: be treated as a registered scheme under section 59A b: for the purposes of the Acts specified in the Schedule Tax Administration Act 1994 c: be deemed to be a superannuation scheme for the purposes of section EW 5(14) section EZ 48 2: Nothing in subsection (1)(b) shall limit section 73 Section 25(1)(a) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 25(1)(b) amended 1 April 1995 Income Tax Act 1994 Section 25(1)(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 25(1)(c) amended 1 April 2005 section YA 2 Income Tax Act 2004 26: Interim management of global asset trust 1: The Crown (acting through the National Provident Fund Department) shall be deemed to have been appointed by the Board as manager of all of the administration of the global asset trust, and of the investment of each of the pools of the global asset trust, for the period commencing on the transfer day and ending with the day that is 3 months after the day on which either the Crown or the Board gives written notice to the other of termination of such management, or 31 March 1992, whichever is the earlier. 2: The terms and conditions of such appointment (other than the period), including as to fees and expenses, shall be those agreed from time to time between the Crown and the Board. Provisions relating to GAT subsidiaries 27: Interests in GAT subsidiaries 1: Every GAT subsidiary which is a unit trust shall have the Board as its trustee. 2: The trust deed for any such GAT subsidiary shall be in a form approved by the Minister. 3: Every GAT subsidiary shall be deemed, on the transfer day, to have issued equity securities, debt securities, or participatory securities, or any combination of any of those types of securities, to the Board as trustee of the global asset trust as specified, and on the terms set out, in the proposal. 4: Any participatory securities referred to in subsection (3) shall be deemed to be participatory securities for the purposes of section 3 5: Nothing in section 60(1)(b) or section 60(2) of the Companies Act 1955 28: Status of GAT subsidiaries 1: Any GAT subsidiary may, in accordance with the proposal, be either a company incorporated under the Companies Act 1955 or a unit trust. 2: All of the shares or units in, or other equity securities or participatory securities issued by, a GAT subsidiary shall be held beneficially by the Board as trustee of the global asset trust. 29: Interim management of GAT subsidiaries which are unit trusts 1: The Crown (acting through the National Provident Fund Department) shall be deemed to have been appointed by the Board as manager of all of the administration of each GAT subsidiary which is a unit trust, and of the investments of each such GAT subsidiary, for the period commencing on the transfer day and ending with the day that is 3 months after the day on which either the Crown or the Board gives written notice to the other of termination of such management, or 31 March 1992, whichever is the earlier. 2: The terms and conditions of such appointment (other than the period), including as to fees and expenses, shall be those agreed from time to time between the Crown and the Board. Use of property 30: Use of pools No property forming part of any pool of the global asset trust shall be used for any purpose other than— a: meeting any liabilities (including liabilities in respect of management fees and expenses) that arise in respect of the pool or pursuant to the trust deed that constitutes the pool: b: meeting any liabilities arising out of any existing investment arrangement that has become a liability of the pool: c: meeting any other liability vested as a result of the proposal in the global asset trust in respect of the pool, or which becomes a liability of the global asset trust in respect of the pool on or after the transfer day. 31: Use of trust funds 1: No property forming part of any trust fund shall be used for any purpose other than— a: meeting any liabilities (including liabilities in respect of management fees and expenses) that arise in respect of the existing scheme to which the trust fund relates or pursuant to the trust deed of that scheme: b: meeting any liabilities arising out of any existing investment arrangement that has become a liability of the existing scheme to which the trust fund relates: c: meeting any other liability vested as a result of the proposal in the existing scheme to which the trust fund relates, or which becomes a liability of that scheme on or after the transfer day. 2: Where any existing scheme has a surplus on any winding up of the scheme, the surplus or any part of the surplus may, notwithstanding subsection (1), be applied or distributed as provided for in the trust deed of that scheme. 32: Unclaimed money Where any property forming part of any pool or trust fund includes unclaimed money, that property may be applied in payment of any claims in respect of that money. Miscellaneous provisions 33: Registers 1: No Registrar of Deeds or Registrar-General of Land National Provident Fund Board Board of Trustees of the National Provident Fund 2: The presentation to any registrar or other person of any instrument, whether or not comprising an instrument of transfer, executed or purporting to be executed by the Board or a GAT subsidiary and relating to any property held immediately before the transfer day by the Board and— a: in the case of an instrument executed by the Board, containing a recital that the name of the Board has been changed from the National Provident Fund Board Board of Trustees of the National Provident Fund b: in the case of an instrument executed by a GAT subsidiary, containing a recital that the property is vested in the GAT subsidiary by virtue of the provisions of this Act shall, in the absence of evidence to the contrary, be sufficient proof that the property is vested in the GAT subsidiary. 1986 No 129 s 11 Section 33(1) amended 12 November 2018 section 250 Land Transfer Act 2017 34: References in other enactments or instruments On and after the transfer day, every reference in any enactment (other than this Act) or in any regulation, order, or notice made or given under any such enactment, or in any instrument— a: to the Board, shall be read and construed as a reference to the Board as continued under this Act and as renamed the Board of Trustees of the National Provident Fund or to the appropriate GAT subsidiary, as the case may be; or b: to the National Provident Fund, shall be read and construed as a reference to the global asset trust or any pool of the global asset trust or any existing scheme as appropriate in the context; or c: to a scheme under the National Provident Fund Act 1950, shall be read and construed as a reference to an existing scheme. 1986 No 129 s 12 35: Taxes and duties 1: For the purposes of the Acts specified in the Schedule a: any existing scheme which is continued in existence after the transfer day, without any amalgamation or division, shall be deemed to be the same scheme which was in existence immediately before the transfer day; and b: in relation to property held immediately before the transfer day by the Board that is vested under the proposal in the Board as trustee of the global asset trust, the Board established under the National Provident Fund Act 1950 and the Board as trustee of the global asset trust shall be deemed to be the same person with effect on and from the transfer day; and c: in relation to property held immediately before the transfer day by the Board that is vested under the proposal in any GAT subsidiary, the Board established under the National Provident Fund Act 1950 and that GAT subsidiary shall be deemed to be the same person with effect on and from the transfer day; and d: in respect of the liability for and the assessment, determination, or imposition of taxes, duties, levies, or other charges accruing on and from the transfer day under any such enactment, all transactions entered into by, and acts of, the Board before the transfer day shall be deemed to have been entered into by, or to be those of— i: the Board as trustee of the global asset trust (in relation to property that is vested in the Board in that capacity under the proposal); or ii: a GAT subsidiary (in relation to property that is vested in that GAT subsidiary under the proposal)— and to have been entered into or performed by the Board as trustee of the global asset trust or the GAT subsidiary (as appropriate) at the time when they were entered into by the Board established under the National Provident Fund Act 1950; and e: any liability for, or credit or other benefit in respect of, taxes, duties, levies, or other charges arising before the transfer day in respect of any defined benefit scheme shall with effect on and from the transfer day be deemed to be a liability or credit or other benefit of the DBP annuitants scheme or the DBP contributors scheme, as specified in the proposal. 2: Where any property which is vested under the proposal in the Board as trustee of the global asset trust or a GAT subsidiary consists of shares or an interest in shares, those shares shall not, by reason of that vesting, be treated as having ceased to be held by or on behalf of the same persons for the purposes of determining whether— a: any taxpayer satisfies the requirements of section IA 5(2) b: any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 c: any debit arises to be recorded in a taxpayer's imputation credit account, FDP account, or branch equivalent tax account under section OA 6(2), (3), or (5) and, for the purposes of determining the application of those sections in relation to any subsequent dealings in those shares, the shares (or interest therein) shall be treated as having been acquired by the Board as trustee of the global asset trust or the GAT subsidiary at the time they were acquired by the Board established under the National Provident Fund Act 1950 3: The vesting in accordance with the proposal of any property or liabilities of the Board established under the National Provident Fund Act 1950 in the Board as trustee of the global asset trust or in any GAT subsidiary, and any other steps taken to implement the proposal,— a: shall not for the purposes of the Income Tax Act 1976 b: shall not, for the purposes of the Goods and Services Tax Act 1985 c: shall not, for the purposes of the Stamp and Cheque Duties Act 1971 d: shall not, for the purposes of the Estate and Gift Duties Act 1968 4: Nothing in subsection (2) or subsection (3) shall limit the generality of subsection (1). 1986 No 129 s 17 Section 35(1) amended 1 April 1995 Income Tax Act 1994 Section 35(2) amended 7 November 1991 section 4 National Provident Fund Restructuring Amendment Act 1991 Section 35(2)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 35(2)(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 35(2)(b) amended 1 April 1995 Income Tax Act 1994 Section 35(2)(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 36: Protection of name National Provident Fund 1: No company or other body shall be incorporated or registered under a name that contains the words National Provident Fund section 2 2: Nothing in this section applies to the Board or to any GAT subsidiary or to any other person who is associated with the Board. 37: Final report and accounts 1: As soon as practicable after the transfer day, the Board shall arrange for a final report to be sent to the Minister showing the Board's proceedings and operations for the financial period ending immediately before the transfer day, and shall attach the revenue account for that period, and the statement of financial position Auditor-General 2: The Minister shall lay a copy of the report and accounts before the House of Representatives as soon as practicable after receiving it. Section 37(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 37(1) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 4: Restructuring of National Provident schemes Existing schemes closed to new members as at transfer day 38: Contributors to existing schemes 1: No person is entitled to be a contributor to any existing scheme unless that person— a: was a contributor to that scheme immediately before the transfer day; or b: was a contributor to another existing scheme immediately before the transfer day and is a person, or a person of a kind, whom the Board, in its discretion and after consultation with the Minister, has agreed may contribute to that scheme. 2: Any person— a: who has, before the transfer day, contributed to an existing scheme; and b: whose contributions, or part of whose contributions, remain in the scheme on the transfer day— shall, for the purposes of this section, be deemed to have been a contributor to that existing scheme immediately before the transfer day. 3: Any employer— a: who was not a contributor to an existing scheme immediately before the transfer day; and b: who, after the transfer day, is or becomes the employer of an employee who was a contributor to an existing scheme immediately before the transfer day— may, notwithstanding subsection (1) but subject to the terms of the existing scheme, contribute to any existing scheme to which that employee contributes, as a corporate contributor, for the purpose of subsidising that employee's contributions or obtaining a benefit for that employee. 4: Nothing in this section limits— a: the terms of any existing scheme; or b: any other provision of this Act. Section 38 substituted 8 May 1992 section 3 National Provident Fund Restructuring Amendment Act 1992 Terms and conditions of existing schemes 39: Terms and conditions upon which existing schemes are to continue Except as otherwise expressly provided by this Act,— a: every existing scheme shall continue in existence on and after the transfer day on the same terms and conditions as applied in respect of that scheme immediately before the transfer day; and b: every provision of the National Provident Fund Act 1950 that constitutes a term or condition of any existing scheme, and every term and condition set out in any existing document authorised or executed by or on behalf of the Board, shall continue to be a term or condition of that scheme. Position of corporate contributors to existing schemes 40: Position of corporate contributors to existing schemes 1: Every person who is a corporate contributor to an existing scheme— a: shall continue to be bound by the terms and conditions of that existing scheme; and b: shall continue to be liable to pay contributions to the Board in respect of that scheme; and c: is hereby empowered to make the necessary deductions from the wages or salary of each person in respect of whom those contributions are made,— in all respects as would have been required or authorised under the National Provident Fund Act 1950. 2: This section shall apply to every corporate contributor until such time as that person would, in accordance with the terms and conditions of the scheme or the provisions of the National Provident Fund Act 1950, have been entitled to cease contributing to the existing scheme. 3: Any person, whether currently required to contribute or not, who— a: is or becomes the employer of an employee who is entitled to contribute to an existing scheme after the transfer day; and b: would, if the National Provident Fund Act 1950 had not been repealed by this Act, have been required by section 44 of that Act to contribute in respect of that employee,— shall also be a corporate contributor for the purposes of this section, and section 38(3) Information to be provided to Board Heading inserted 29 October 1997 section 4 National Provident Fund Restructuring Amendment Act 1997 40A: Information to be provided to Board 1: Every corporate contributor or other person who is paying or has paid contributions to the Board in respect of an existing scheme, whether on its own behalf or on behalf of its employees or other persons, must ensure that there is provided to the Board (or to such person as the Board may from time to time nominate) at such time or times as are reasonably specified by the Board, such information as the Board may reasonably require of that corporate contributor or other person for the purpose of administering an existing scheme. 2: The information that the Board may require under subsection (1) may include any or all of the following: a: reconciliations showing how much has been contributed to that scheme by each employee of the person, and how much has been contributed by the person for each employee: b: confirmations from the person that the correct amounts required to be paid to the Board by the person (whether on its own behalf or on behalf of its employees or other persons) have been so paid: c: where the scheme is a defined benefit scheme, salary and employment information relating to the employees of the person who are members of that scheme. 3: The Board must not require a corporate contributor or other person to provide information under this section unless the Board has first advised the person in writing of— a: the provisions of subsection (1); and b: if a person has been nominated by the Board under subsection (1), the name of that person. 1956 No 47 s 95D 1995 No 28 s 17 Section 40A inserted 29 October 1997 section 4 National Provident Fund Restructuring Amendment Act 1997 Payments to existing schemes Heading inserted 29 October 1997 section 5 National Provident Fund Restructuring Amendment Act 1997 40B: Timing of payment of contributions to schemes Every person who is liable to pay contributions to the Board in respect of an existing scheme (including contributions deducted from remuneration or other money payable to another person, or held on behalf of another person) must pay those contributions to the Board (or to such person as the Board may from time to time nominate) by such time or times as are reasonably specified by the Board in a written notice to the person. 1956 No 47 s 95A 1995 No 28 s 17 Section 40B inserted 29 October 1997 section 5 National Provident Fund Restructuring Amendment Act 1997 40C: Interest payable on overdue amounts 1: Every person who is required to pay an amount to the Board in respect of an existing scheme under any law or legally enforceable document or arrangement, and who fails to pay that amount to the Board at the time required by that law, document, or arrangement, must pay, on demand by the Board, interest on that amount at the bill rate for the period from the time payment was due (or the date of commencement of the National Provident Fund Restructuring Amendment Act 1997 2: In this section, the bill rate 3: The interest must be paid to the Board or, if specified in the demand, to a person nominated by the Board. 4: The interest must be paid in addition to the overdue amount. 1956 No 47 s 95B 1995 No 28 s 17 Section 40C inserted 29 October 1997 section 5 National Provident Fund Restructuring Amendment Act 1997 40D: Recovery of debts Every amount payable by a person to the Board in respect of an existing scheme under any law or legally enforceable document or arrangement constitutes a debt due by the person to the Board and— a: may be recovered accordingly by the Board; and b: following recovery, must be paid into the scheme. 1956 No 47 s 95C 1995 No 28 s 17 Section 40D inserted 29 October 1997 section 5 National Provident Fund Restructuring Amendment Act 1997 Provisions relating to defined benefit schemes 41: Amalgamation and subsequent division of defined benefit schemes 1: The defined benefit schemes shall, on the transfer day, be deemed to have been amalgamated into 1 superannuation scheme. 2: Immediately after the amalgamation referred to in subsection (1), the amalgamated defined benefit schemes shall be deemed to have been divided into 2 separate superannuation schemes as follows: a: first, the DBP annuitants scheme, which shall have only annuitants as members; and b: secondly, the DBP contributors scheme, which shall have only contributors as members; and c: 3: For the purposes of this section, the term annuitants a: persons who were, immediately before the transfer day, members or other beneficiaries of a defined benefit scheme, or who subsequently become members or other beneficiaries of the DBP annuitants scheme, who are in receipt of a pension or who on leaving employment elected to receive a deferred pension; and b: such other persons as the Minister may determine to be annuitants for the purposes of this section. 4: For the purposes of this section, the term contributors Section 41(2)(c) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 42: Provisions in trust deeds for DBP annuitants scheme and DBP contributors scheme 1: The trust deeds to be prepared for the DBP annuitants scheme and the DBP contributors scheme pursuant to section 45 Schedule 5 2: Despite sections 178 to 182 3: The Minister may require any provision included in the trust deeds for the DBP annuitants scheme or the DBP contributors scheme pursuant to section 56 4: Where a provision that is included in a trust deed pursuant to subsection (1) or any other section of this Act imposes obligations or restrictions on the Crown, the Crown shall comply with that provision as if it were a party to the trust deed. Section 42(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 43: Aircrew superannuation scheme On the transfer day the aircrew superannuation scheme shall be deemed to— a: have become a separate superannuation scheme; and b: Section 43(b) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 44: Increased or decreased contributions by corporate contributors to certain existing schemes 1: If the Board becomes aware that the level of contributions being made to either the DBP contributors scheme or the aircrew superannuation scheme is, on the information available to the Board,— a: unlikely to be sufficient to provide for the liabilities of that scheme; or b: likely to be in excess of the level of contributions required to provide for the liabilities of the scheme,— the Board shall give notice to that effect to the Minister, with a statement of the Board's view as to what action would be required to rectify the position. 2: The Minister may, by notice 3: The Minister may give such notice whether or not the Board has recommended that there be any change to those contributions but shall not do so without prior consultation with the Board. 4: Neither the Minister nor the Board may give a notice under this section unless reasonably satisfied, after due enquiry a: are necessary in order to ensure that any trust fund in respect of the DBP contributors scheme or aircrew superannuation scheme is not in a deficit or surplus position, or to reduce such deficit or surplus position, taking account of the scheme's projected liabilities, the value of its property, and the projected level of future contributions to the scheme; and b: will result in contributions being at a level which, on reasonable assumptions, is likely to achieve neither a surplus nor a deficit in the trust fund of the DBP contributors scheme or aircrew superannuation scheme at the time that the last contributor to that scheme ceases to so contribute. 5: Any notice under subsection (2) shall specify the date on which such increases or decreases are to be implemented, but that date shall not be less than 3 months after the date on which the notice is published under the Legislation Act 2019 6: A notice under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify the Board in writing LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 44(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 44(4) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 44(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 44(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 44A: Additional payments for period 1 October 2010 to 27 April 2011 1: Every person entitled to receive any allowance, annuity, or pension under a specified scheme is entitled to be paid by the Board, from any money paid to the Board by the Crown for the purpose, an additional amount equal to 2.02% of any amount of the allowance, annuity, or pension payable to him or her under the specified scheme in respect of the period commencing on 1 October 2010 and ending on the close of 27 April 2011. 2: An additional amount payable to a person under subsection (1)— a: must be paid by the Board on the date or dates the Board in its discretion decides; and b: must be disregarded for the purpose of calculating any adjustment for increases in the New Zealand Consumers Price Index under the specified scheme; but c: must for all other purposes be treated as a payment of the person's allowance, annuity, or pension under the specified scheme. 3: In this section, specified scheme Section 44A inserted 20 May 2010 section 3 National Provident Fund Restructuring Amendment Act 2010 New trust deeds 45: Board to prepare trust deed for certain existing schemes 1: The Board shall, as soon as practicable after the commencement of this Act, prepare a trust deed— a: for every existing scheme other than the old public schemes and the defined benefit schemes; and b: for the DBP annuitants scheme, the DBP contributors scheme, and the aircrew superannuation scheme. 1A: The Board shall, as soon as practicable after the commencement of the National Provident Fund Restructuring Amendment Act 1991 2: Section 45(1A) inserted 7 November 1991 section 5 National Provident Fund Restructuring Amendment Act 1991 Section 45(2) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 46: Board to be bound by existing terms and conditions in preparing trust deed Where any of the matters required to be specified in the trust deed of an existing scheme are provided for by the terms and conditions governing the scheme as at the date of execution of the trust deed, the Board shall, except as otherwise provided by this Act, ensure that the trust deed of that scheme incorporates those terms and conditions, either in the body of the trust deed itself or by reference. 47: Power to make amendments to existing terms and conditions The Board may, in incorporating the existing terms and conditions of a scheme in any trust deed prepared under section 45 a: in order to reflect the restructuring of the Board or the Fund or the existing schemes that is carried out in accordance with the provisions of this Act; or b: in order to ensure consistency with any new provisions that are included in the trust deed pursuant to section 48 ba: in the case of an old public scheme, in order to reflect the practice of the Board in relation to that scheme immediately before the transfer day (whether or not the practice was authorised by those terms and conditions or by any Act or rule of law); or c: in order to ensure consistency with any provisions that are implied in the trust deed of a registered superannuation scheme by sections 9A 10 Section 47(ba) inserted 7 November 1991 section 6(1) National Provident Fund Restructuring Amendment Act 1991 Section 47(c) amended 7 November 1991 section 6(2) National Provident Fund Restructuring Amendment Act 1991 48: New terms and conditions may be included in trust deed 1: Notwithstanding any Act or rule of law or the provisions of any existing terms and conditions governing a scheme, any trust deed prepared in accordance with section 45 a: shall include any terms and conditions required by any provision of this Act to be so included; and b: may include any other terms and conditions expressly authorised by any provision of this Act. 2: Subject to subsection (3), nothing in this Act shall authorise any reduction in benefits provided under an existing scheme. 3: Nothing in subsection (2) limits— a: sections 47(ba) 50 54(d) b: sections 15 16 c: section 12 Section 48(2) substituted 8 May 1992 section 4 National Provident Fund Restructuring Amendment Act 1992 Section 48(3) added 8 May 1992 section 4 National Provident Fund Restructuring Amendment Act 1992 49: Trust deed to be approved by Minister before execution 1: No trust deed prepared in accordance with section 45 2: The Minister shall not approve a trust deed in respect of an existing scheme unless— a: the Board has supplied to the Minister a certificate confirming that the trust deed— i: incorporates any terms and conditions required by section 46 ii: does not include any provision that is additional to the existing terms and conditions, or that is different from the existing terms and conditions, other than as authorised by this Act; and iii: complies with section 7 sections 9A 10 b: the Minister is satisfied— i: that, subject to sections 5 41 42 44 50 to 56 60 to 66 69 ii: that any provision included in accordance with any of sections 41 42 44 50 to 56 60 to 66 69 3: Any certificate required by this section may be given by the Board or a solicitor. Section 49(2)(a)(iii) amended 7 November 1991 section 7 National Provident Fund Restructuring Amendment Act 1991 50: Transfer to other superannuation schemes 1: Any trust deed prepared in respect of an existing scheme may— a: enable any member or other beneficiary to transfer from the scheme to any other superannuation scheme upon such terms and conditions as are set out in the trust deed or as the Board otherwise determines; and b: provide for the transfer of property from the existing scheme to the superannuation scheme to which the member or other beneficiary transfers upon such terms and conditions as are set out in the trust deed, or as the Board otherwise determines. 2: Except as otherwise approved in writing by the Minister, any such terms and conditions set out in the trust deed or determined by the Board shall include terms and conditions to the effect that— a: subject to paragraph (c), the property to be transferred is to represent the share of the property of the scheme (including for the avoidance of doubt, that representing contributions received or due from corporate contributors) that is attributable to the transferring member or other beneficiary, plus a corresponding share of any reserves of the scheme; and b: for the purpose of calculating the property of the scheme, no account is to be taken of any property that represents unclaimed money or of any contingent or prospective rights to require corporate contributors or other persons to make future contributions to the scheme; and c: the transfer of property is to be fair and equitable to all members and other beneficiaries of the existing schemes affected, after taking into account the interests of any corporate contributor to those schemes and the Crown as guarantor of any liabilities of those schemes. 3: No such provision in a trust deed shall limit any right contained in the existing terms and conditions of the scheme to transfer to any other superannuation scheme. 4: For the purposes of subsection (2)(a), reserves 5: This section is subject to section 42 Section 50 substituted 8 May 1992 section 5(1) National Provident Fund Restructuring Amendment Act 1992 51: Management of existing schemes 1: Every trust deed prepared in respect of an existing scheme shall provide for the appointment by the Board, on such terms and conditions as the Board thinks fit, of any person (including the Crown) to manage all or any part of the administration of the scheme or the investment of the trust fund of the scheme, or both. 2: All fees and expenses payable to a manager appointed pursuant to a trust deed for an existing scheme shall be paid out of the trust fund of the scheme. 52: Interim management of existing schemes 1: The Crown (acting through the National Provident Fund Department) shall, in respect of each existing scheme, be deemed to have been appointed by the Board as manager of all of the administration of the scheme and of the investment of all of the trust fund of the scheme for the period commencing on the transfer day and ending with the day that is 3 months after the day on which either the Crown or the Board gives written notice to the other of termination of such management, or 31 March 1992, whichever is the earlier. 2: The terms and conditions of such appointment (other than the period), including as to fees and expenses, shall be those agreed from time to time between the Crown and the Board. 53: Investments of existing schemes 1: The trust deed for each existing scheme shall provide that the property of the scheme may be invested only in the global asset trust, whether by way of debt securities or managed investment products 2: The property of an old public scheme may be invested only in the global asset trust, whether by way of debt securities or managed investment products 3: This section does not prevent the Board as trustee of an existing scheme depositing money of that scheme into a bank account (which may be a bank account for 1 or more existing schemes) to the extent necessary or desirable for the operation of the scheme. 4: Nothing in Trusts Act 2019 Section 53 substituted 7 November 1991 section 8(1) National Provident Fund Restructuring Amendment Act 1991 Section 53(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 53(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 53(4) amended 30 January 2021 section 161 Trusts Act 2019 Section 53(4) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 54: Board's powers and authorities Notwithstanding any other Act, any trust deed prepared in respect of an existing scheme may confer on the Board— a: power to give guarantees, undertakings, and indemnities and incur all such obligations relating to the scheme as the Board in its discretion thinks fit; and b: power to borrow money for the purposes of making any investment or paying any benefit or meeting any liability or for the purpose of management of the scheme; and c: power to enter into any insurance or reinsurance contract relating to the payment pursuant to the scheme of any pensions or other benefits contingent on the death or survival of human life; and d: power to restrict any option of members to temporarily suspend contributions to a scheme to situations where a member temporarily is not receiving his or her salary or wages. 55: Limitation of liability of Board 1: Any trust deed prepared in respect of an existing scheme may contain a provision limiting the liability of the Board. 2: Section 55(2) repealed 7 November 1991 section 9 National Provident Fund Restructuring Amendment Act 1991 56: Termination of scheme 1: Any trust deed prepared in respect of an existing scheme may contain a provision— a: entitling the Minister or a proportion of the members or other beneficiaries of the scheme to determine that the scheme be totally or partially wound up, and authorising the Minister or any other person to determine the manner of such winding up: b: restricting or prohibiting the winding up of the scheme. 2: Every provision under subsection (1)(a) shall provide for the distribution of the property of the scheme on a winding up. Section 56(1)(a) substituted 8 May 1992 section 6 National Provident Fund Restructuring Amendment Act 1992 57: Consequences of executing trust deed in respect of existing scheme 1: Where a trust deed is executed in respect of an existing scheme,— a: b: the existing scheme shall be treated, for the purposes of that Act, as a trust established by its trust deed, rather than an arrangement constituted under an Act of the Parliament of New Zealand; and c: from the date of execution of that trust deed, the terms and conditions of that scheme shall be those contained or implied in that trust deed, as amended from time to time. 2: Section 57 substituted 8 May 1992 section 7(1) National Provident Fund Restructuring Amendment Act 1992 Section 57(1)(a) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 57(2) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 58: Members to be notified of execution of trust deed 1: The Board shall, as soon as practicable after executing a trust deed in respect of an existing scheme, send each member a notice explaining that a trust deed has been executed. 2: Every such notice shall contain a summary of the main differences between the provisions that are included in the trust deed and the terms and conditions of the scheme existing before the trust deed was executed. Miscellaneous provision in respect of notices 59: Notices 1: Where any notice is required to be given under this Act, or under any other enactment, or under any trust deed executed under this Act, to any member or other beneficiary of an existing scheme, the notice shall be sufficiently given— a: if it is posted to the last known address of the member or other beneficiary that appears in the Board's records; or b: if, in a case where the Board has reason to believe that any member or other beneficiary of an existing scheme no longer lives at the address that appears in the Board's records, it is posted to any other address through which the Board has reason to believe that the notice may reach that person. 2: Notwithstanding any provision of this Act or any other enactment or of any trust deed of an existing scheme, if the Board knows of no reasonable means of contacting any member or other beneficiary of an existing scheme, the Board— a: shall be relieved of any obligation to give the notice; and b: shall be under no liability arising from the notice not having been given. Application of Financial Markets Conduct Act 2013 Heading inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 59A: Application of Financial Markets Conduct Act 2013 1: The Financial Markets Conduct Act 2013 scheme clause 19 a: the scheme must be treated, for the purposes of that Act, as a trust established and governed by a trust deed that is interpreted and administered in accordance with New Zealand law, rather than under this Act; and b: the scheme must be treated for the purposes of that Act and any other enactment as if it is registered on the register of managed investment schemes under the Financial Markets Conduct Act 2013 c: the Board is the manager of the scheme for the purposes of that Act; and d: the following provisions of Part 4 i: section 133 section 127 sections 135 to 137 ii: sections 135 141 section 141 iii: sections 142 to 147 151 iv: section 169 v: section 171 vi: sections 178 to 181 vii: section 183 viii: sections 205 206 212 to 214 ix: subpart 4 x: section 228 Part 4 e: the duty on the manager under section 143(1)(b) f: the duty under section 144 section 53 2: On and after the effective date for an existing scheme, every reference in the trust deed of the scheme to— a: participatory securities must be read as a reference to managed investment products; and b: a registered superannuation scheme or a superannuation scheme registered under the Superannuation Schemes Act 1989 section 6(1) 3: This Act continues to apply to a scheme, as if it had not been amended by the Financial Markets (Repeals and Amendments) Act 2013 4: Schedule 4 clauses 21 to 25 27 28 30 31 Section 59A inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 5: Guarantees and subsidies Crown guarantee of existing schemes and investment arrangements 60: Crown guarantee continued in respect of existing schemes The Crown hereby guarantees to every member and other beneficiary payment of the benefits payable to that person under any existing scheme. 1950 No 55 s 71(1) 61: Crown guarantee continued in respect of existing investment arrangements The Crown hereby guarantees— a: the repayment of money that is deposited with the Board before the transfer day in accordance with any existing investment arrangement; and b: the payment of all interest payable on that money by the Board. 1950 No 55 s 3C(4) 62: Crown guarantee continued in respect of provident advantage account Section 62 repealed 8 May 1992 section 8(1) National Provident Fund Restructuring Amendment Act 1992 63: Application of withdrawals For the purposes of section 61 a: first, a withdrawal of, or other dealing with, such money so deposited before the transfer day, together with interest thereon; and b: secondly, a withdrawal of, or other dealing with, such money so deposited on or after the transfer day together with interest thereon. Section 63 amended 8 May 1992 section 8(2)(a) National Provident Fund Restructuring Amendment Act 1992 Section 63 amended 8 May 1992 section 8(2)(b) National Provident Fund Restructuring Amendment Act 1992 64: Minister may direct Board in respect of matters relating to Crown guarantees 1: Notwithstanding any other enactment or rule of law, the Minister may, after such consultation with the Board as the Minister considers appropriate, by notice in writing direct the Board in respect of such matters relating to any existing scheme or the global asset trust or any GAT subsidiary as the Minister considers necessary for the purpose of protecting the Crown's interest as guarantor of the benefits under the existing schemes and investment arrangements, and the Board shall be bound to act in accordance with such directions. 2: Without limiting subsection (1), directions may be given under that subsection in respect of— a: the investments and management of the trust fund of any existing scheme, or of any pool, or of any GAT subsidiary: b: the incurring or entering into of any liabilities, obligations, or expenses by the Board or any GAT subsidiary: c: any increase in or augmentation of benefits payable pursuant to an existing scheme: d: any increase or decrease in the level of contributions pursuant to section 44 e: any use of free reserves: f: the entitlement of any member to transfer from any existing scheme his or her interest in that scheme. 3: No direction that is inconsistent with the provisions of Schedule 5 4: No liability of any kind shall attach to the Board or any member of the Board for any action or omission of the Board consequent upon a direction given under subsection (1). 65: Additional obligations of Board and powers of Minister 1: The Board shall— a: forthwith upon becoming aware of a breach of this Act or any trust deed or any direction under section 64 b: forthwith notify the Minister in writing of any proposal by the Board to vary any contributions or benefits or in respect of the transfer to another superannuation scheme of all or part of the interest of members or other beneficiaries in an existing scheme; and c: provide reports or any other information to the Minister from time to time as the Minister requires in respect of any existing scheme or the global asset trust or a GAT subsidiary, including— i: the management of any existing scheme, pool, or GAT subsidiary: ii: the investment performance of any pool or any GAT subsidiary: iii: the compliance with the provisions of any trust deed and any directions under section 64 iv: transfers out of any existing scheme; and d: give notice to the Minister of all meetings of the Board. 2: The Minister may— a: direct the Board at any time to provide the Minister with an audited report of any existing scheme, pool, or GAT subsidiary: b: attend any meeting of the Board or of any committee of the Board: c: obtain or inspect any information held by or on behalf of the Board or in relation to any existing scheme, pool, or GAT subsidiary: d: delegate to any person or persons any power of the Minister under this section. 66: Additional provisions relating to Crown guarantees 1: Any money required to be paid by the Crown by virtue of section 60 section 61 section 62 2: Any money paid under this section— a: shall be held on behalf of the persons entitled to the benefit of the guarantee; and b: shall be applied in payment of the benefits or repayment of the deposits, as the case may be, for which the money was paid; and c: shall not be available to meet any other liabilities; and d: shall not in the case of money paid to the Board be subject to, or give rise, directly or indirectly, to any liability or increased liability for, any taxes, duties, levies, or similar charges. 67: Annual reports to Minister 1: As soon as practicable and in any event within 6 months after the end of each financial year, the Board shall send to the Minister such reports for each existing scheme, pool, and GAT subsidiary, and such financial statements, as the Minister may require. 1A: As soon as practicable after the end of each financial year, the Board shall send to the Minister an annual report on its performance in carrying out its responsibilities under this Act and as trustee of the existing schemes. 1B: Without limiting the contents of the annual report required by subsection (1A), that report shall, in respect of existing schemes, cover the following matters: a: scheme asset allocations and scheme investment performance: b: the investment performance of the separate classes of assets: c: the allocation of costs to existing schemes: d: any changes in the actuarial basis for valuing scheme liabilities. 2: The Minister shall lay a copy of each such report and financial statements before the House of Representatives as soon as practicable after receiving them. Section 67(1A) inserted 21 December 1992 section 42 Public Finance Amendment Act 1992 Section 67(1B) inserted 21 December 1992 section 42 Public Finance Amendment Act 1992 67A: Other reports to Minister In addition to the duties imposed on the Board by section 67 Section 67A inserted 21 December 1992 section 42 Public Finance Amendment Act 1992 68: Actuarial examination 1: The Board shall arrange for the actuary of each existing scheme to examine and report to the Board and the Minister on the existing scheme, and the existing and prospective property and liabilities of that scheme, as at dates that are no more than 3 years apart. 2: Notwithstanding the provisions of subsection (1), the Minister may nominate from time to time (but not at intervals of less than 6 months) an actuary (who may be the actuary of the scheme) to examine and report to the Minister on an existing scheme and the existing and prospective property and liabilities of that scheme. 3: Any such examination shall be carried out at the expense of the scheme concerned. 4: The Minister shall lay a copy of any report prepared as a result of any such examination before the House of Representatives as soon as practicable after receiving it. Subsidies 69: Consequences of removal of Crown subsidy of existing schemes on and after transfer day 1: The Board shall, if required to do so by the Minister, require any employer to increase the contributions payable to any existing scheme by that employer to take account of the fact that the Minister is not required, except as provided in section 70 2: Every employer whose contributions are increased in accordance with subsection (1) shall be liable to pay the increased contributions in all respects as if the terms and conditions of the scheme required the increased contributions to be paid instead of the existing contributions. 3: Nothing in subsection (1) shall limit any right contained in the terms and conditions of the scheme to increase contributions to the scheme. 70: Continuation of Crown subsidy of existing schemes in certain cases where employer is a charity 1: The Minister shall, in respect of each year commencing on or after the transfer day, pay a subsidy equal to one-fourth of the total contributions paid during the year in respect of each contributor to an existing scheme who is employed by a charity. 2: Any such subsidy shall be paid only in respect of the contributions that would, but for the repeal of the National Provident Fund Act 1950, have been subsidised by the Minister under that Act. 3: Any such subsidy shall be paid annually out of public money, without further appropriation than this section. 4: The subsidy shall be paid to the Board as trustee of the existing scheme concerned. 5: A statement of the amount so paid shall be included in the annual report supplied to the Minister pursuant to section 67 6: For the purposes of this section, charity 71: Contributions by government departments Where contributions are made by a government department on behalf of the employees of the department, the contributions shall be paid by the department out of money appropriated by Parliament. Section 71 substituted 8 May 1992 section 9 National Provident Fund Restructuring Amendment Act 1992 72: Crown payments to meet deficiencies 1: Where any deficiency in the accounts of any superannuation scheme established pursuant to section 38A(6) of the National Provident Fund Act 1950 arises from the application of paragraph (b) of that subsection in respect of persons who were contributing employees (within the meaning of that subsection) before the transfer day, the Minister shall, at the request of the Board, without further appropriation than this section, pay to the Board as trustee of the existing scheme concerned, by way of subsidy out of public money, such amount as may be required to meet the deficiency. 2: Where any deficiency arises under any agreement entered into before the transfer day which implements the provisions of section 60(4)(d) of the National Provident Fund Act 1950, the Minister shall, at the request of the Board, without further appropriation than this section, pay to the Board as trustee of the existing scheme concerned, by way of subsidy out of public money, such amount as may be required to meet the deficiency. 3: The annual report sent to the Minister pursuant to section 67 1950 No 55 ss 38A(8), 60(5) 72A: No Crown subsidy 1: For the avoidance of doubt, it is hereby declared that the Crown's liability to pay subsidies under section 71 of the National Provident Fund Act 1950 ceased to have effect with the repeal of that Act. 2: Nothing in this section limits sections 69 to 72 Section 72A inserted 8 May 1992 section 10 National Provident Fund Restructuring Amendment Act 1992 6: Amendments, repeals, and revocations with effect on and after transfer day Amendments in relation to Income Tax Act 1976 73: Position of Board in relation to income tax 1: For the purposes of sections 225A and 232B of the Income Tax Act 1976— a: the Board in its capacity as trustee of the global asset trust, in relation to property held immediately before the transfer day by the Board that is vested under the proposal in the Board as trustee of the global asset trust, shall be treated as the trustee of a superannuation scheme and that scheme shall be treated as having been in force on 1 April 1988; and b: any property held by the global asset trust which was an investment made or acquired by the Board before, or held by the Board on, 1 April 1988 shall be treated as an investment of the global asset trust made or acquired before, or held on, 1 April 1988 (as the case may be); and c: to the extent that any participatory securities issued by the Board as trustee of the global asset trust are held by any superannuation scheme which was or was deemed to be a category 1 scheme on 1 April 1988, the global asset trust shall be deemed to have been a category 1 scheme on 1 April 1988; and d: to the extent that any participatory securities issued by the Board as trustee of the global asset trust are held by any superannuation scheme which was or was deemed to be a category 2 scheme on 1 April 1988, the global asset trust shall be deemed to have been a category 2 scheme on 1 April 1988; and e: for the purposes of this section, participatory securities issued by the Board as trustee of the global asset trust which are held by the DBP annuitants scheme, the DBP contributors scheme, or the aircrew superannuation scheme shall be deemed to be held by a superannuation scheme which was a category 1 scheme on 1 April 1988; and f: for any tax year taxable taxable g: in relation to any property which under the proposal is vested in a GAT subsidiary, being property which was held immediately before the transfer day by the Board and was an investment made or acquired by the Board before, or held by the Board on, 1 April 1988, the previous provisions of this section shall apply to assess the amount of profit or loss on any sale or other disposition of that property that is to be taken into account in calculating the taxable 2: Nothing in this section limits section 35 Section 73(1)(f) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 73(1)(f) amended 26 July 1996 Taxation (Core Provisions) Act 1996 Section 73(1)(g) amended 26 July 1996 Taxation (Core Provisions) Act 1996 74: Amendment to Income Tax Act 1976 in respect of National Provident Fund Board Section 74 repealed 1 April 2005 section YA 2 Income Tax Act 2004 75: Approval and classification of old public schemes Section 75 repealed 1 April 1995 Income Tax Act 1994 Amendment in relation to Superannuation Schemes Act 1989 76: Old public schemes deemed to be registered superannuation schemes The old public schemes shall, on and after 1 April 1990, be deemed to be superannuation schemes which are registered under the Superannuation Schemes Act 1989 Amendment to Unit Trusts Act 1960 77: Exclusion from definition of term unit trust Amendment(s) incorporated in the Act(s) General 78: Regulations 1: The Governor-General may from time to time, by Order in Council,— a: amend Schedule 3 i: any new name of the group; or ii: a reference to any group with which the group has amalgamated, or by which the group has been taken over; or iii: a reference to any other group that has substantially similar responsibilities to the group identified in that schedule: b: make regulations providing for such matters, not inconsistent with this Act, as are contemplated by or necessary for giving full effect to the restructuring of the Fund or of the existing schemes, or for giving full effect to any of the provisions of this Act. 2: The following are secondary legislation ( see Part 3 a: an order under subsection (1)(a): b: regulations under subsection (1)(b). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 78(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 79: Repeal of local authority monopoly The following enactments are hereby repealed: a: Amendment(s) incorporated in the Act(s) b: Amendment(s) incorporated in the Act(s) c: Amendment(s) incorporated in the Act(s) 80: Consequential amendments to other Acts The enactments specified in Schedule 6 81: Repeals and revocations 1: The enactments specified in Schedule 7 2: The regulations and the notice specified in Schedule 8 82: Power to determine earning rates of schemes for periods up to transfer day 1: Notwithstanding any enactment or rule of law or the provisions of any existing scheme, the Board may from time to time, with the consent of the Crown and in respect of any period ending before the transfer day,— a: determine a specific earning rate for any existing scheme in existence during that period, which rate may be the same or different from the rate determined in respect of any other existing scheme; and b: pay, or credit, the accounts of contributors to that scheme in respect of that period accordingly. 2: Amendment(s) incorporated in the Act(s). 3: All determinations, payments, and credits made or purported to be made by the Board under section 67A of the National Provident Fund Act 1950 before the date on which this section comes into force are hereby validated and deemed to have been lawfully made. 4: A determination under subsection (1)(a) 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 82(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Savings 83: Board may be appointed Sinking Fund Commissioner or Depreciation Fund Commissioner 1: Notwithstanding any other enactment, it shall be competent for any local authority to appoint the Board, and the Board to accept appointment, on such terms and conditions, including those as to fees and charges, as may be agreed, 2: Where a local authority has appointed the Board as sole Commissioner of any Depreciation Fund of the local authority, the Board shall invest the money, together with all interest and profits accruing from the money, in such manner as may be agreed by the local authority and the Board, and the investment of any money under this subsection shall, for the purposes of any enactment authorising or directing the investment of the money, be deemed to be an investment authorised or directed by that enactment. 3: For the purposes of this section, the expression Depreciation Fund 1950 No 55 s 6(6), (7), (9) Section 83(1) amended 7 November 1991 section 11 National Provident Fund Restructuring Amendment Act 1991 84: Saving in respect of validation of certain lump sum schemes 1: The repeal of section 6 of the National Provident Fund Amendment Act 1988 by section 81 2: All contributions by any local authority in respect of any lump sum superannuation scheme under the provisions of Part 2 of the National Provident Fund Act 1950 are hereby validated and deemed to be and always to have been valid and lawful and authorised, but the Crown and the Minister shall not be liable to pay by way of subsidy any amount in respect of such contributions.

DLM212610

1990

Education Amendment Act 1990

1: Short Title and commencement 1: This Act may be cited as the Education Amendment Act 1990, and shall be read together with and deemed part of the Education Act 1989 2: Section 50(2) Schedule 3 3: Section 50(3) Schedule 4 4: Section 37 sections 168 to 172 sections 38 39 50(4) 51(4) Schedule 5 5: Section 51(5) 6: The remaining provisions of this Act shall come into force on the day on which this Act receives the Royal assent. 1: Miscellaneous amendments to principal act 2: Interpretation 1: 2: Every reference in any enactment passed before the commencement of Part 1 of the Education Amendment Act 1990 to an education authority within the meaning of section 2(1) 3: Section 19(1) domestic student foreign student Domestic student a: A New Zealand citizen; or b: The holder of a residence permit under the Immigration Act 1987 c: By virtue of paragraph (a) or paragraph (b) or paragraph (f) of section 112(1) d: Exempted under section 12 e: A person of a class or description of persons required by the Minister, by notice in the Gazette Foreign student 3: Restrictions on enrolment at primary school 1: This subsection inserted section 5(4) and (5) 2: The schools concerned are— a: In the former Auckland Education Board district, Ahipara Primary School, Grey Lynn Primary School, Leigh Primary School, Onewhero Area School, Otangarei Primary School, Te Tii Primary School, Totara North Primary School, and Waima Primary School; and b: In the former Hamilton Education Board district, Bethlehem School, Kawhia School, Matakana Island School, Murupara School, Huiarau School, Waimiha District School, Matapuna School, Knighton Normal School, and Ruatoki School; and c: In the former Hawke's Bay Education Board district, Bridge Pa School, Omahu School, Pakipaki School, Manutahi Primary School, and Riverslea School; and d: In the former Wanganui Education Board district, Raetihi School, Maxwell School, and Marton Junction School; and e: In the former Wellington Education Board district, Mount Cook School; and f: In the former Canterbury Education Board district, Tuahiwi School, Te One School, and Owenga School. 4: 5: 6: 7: 8: Students under 15 suspended for unspecified period Sections 8 9 repealed 19 December 1998 section 60(c) Education Amendment Act (No 2) 1998 9: Director-General of Social Welfare may recommend that student should attend particular school Sections 8 9 repealed 19 December 1998 section 60(c) Education Amendment Act (No 2) 1998 10: 11: 12: 13: Powers of the Special Education Service Board and Early Childhood Development Unit Board Subsection (1) repealed 28 February 2002 section 86(3) Education Standards Act 2001 Subsection (2) repealed 6 April 2004 section 5(3)(a) Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 14: 15: 16: 17: Terms, holidays, and closure of schools 1: This subsection inserted sections 65A to 65G 2: Sections 65A to 65G a: The number of half days on which schools must be open in that year; and b: The means for ascertaining the terms schools must observe during that year; and c: The days during that year (in addition to those specified in section 65C(1) specified in the Education (Terms and Holidays) Regulations 1984 sections 65A(1) 65B(1) 65C(3) 18: 19: Powers of entry and inspection 1: 2: Section 12(1) 20: 21: 22: 23: 24: 25: 26: 27: 28: 29: 30: 31: 32: Provision by one Board of tuition for students enrolled at school administered by another Section 32 repealed 19 December 1998 section 41(2) Education Amendment Act (No 2) 1998 33: 34: 2: Provisions relating to tertiary education and training 35: 36: 37: 38: 39: 40: 41: 42: 43: Section 43 repealed 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 44: 45: Section 45 repealed 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 46: 47: 3: Student allowances, and early childhood education and home-based care 48: 49: 4: Repeals, amendments, and revocations 50: Consequential amendments and repeals 1: 2: 3: 4: 5: 6: The repeal by subsection (5) by this section of section 9(3) of the Education Amendment Act 1977 51:

DLM222286

1990

Meteorological Services Act 1990

1: Short Title and commencement 1: This Act may be cited as the Meteorological Services Act 1990. 2: This Act shall come into force on 1 September 1990. 2: Meteorological services 1: The Minister of Transport shall ensure the provision of the meteorological warning service referred to in section 3 2: The Minister of Transport shall arrange for the provision of— a: the making and issuing of forecasts of the weather; and b: the collection and recording of such meteorological information as is necessary for the purposes of paragraph (a). Section 2 substituted 1 July 1992 Meteorological Services Amendment Act 1992 3: Minister to designate meteorological warning service The Minister of Transport shall from time to time designate a person who shall be responsible to provide the authorised meteorological warning service in New Zealand.

DLM214686

1990

Civil Aviation Act 1990

1: Short Title and commencement 1: This Act may be cited as the Civil Aviation Act 1990. 2: This Act shall come into force on 1 September 1990. 2: Interpretation 1: In this Act, unless the context otherwise requires,— accident a: a person is fatally or seriously injured as a result of— i: being in the aircraft; or ii: direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or iii: direct exposure to jet blast— except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or b: the aircraft sustains damage or structural failure that— i: adversely affects the structural strength, performance, or flight characteristics of the aircraft; and ii: would normally require major repair or replacement of the affected component— except engine failure or damage that is limited to the engine, its cowlings, or accessories, or damage limited to propellers, wing tips, c: the aircraft is missing or is completely inaccessible aerodrome a: means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, and surface movement of aircraft; and b: includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration aerodrome control service aerodrome flight information service aerodrome traffic a: all traffic in the manoeuvring area of an aerodrome; and b: all aircraft flying in the vicinity of an aerodrome aerodrome traffic circuit aeronautical product air service air traffic air traffic control service a: preventing collisions— i: between aircraft; and ii: between aircraft and obstructions on any manoeuvring area; and b: expediting and maintaining a safe and efficient flow of air traffic air traffic service a: any aerodrome control service: b: any area control service: c: any approach control service: d: any flight information service: e: any aerodrome flight information service: f: any alerting service: g: any other air traffic service considered by the Director aircraft aircraft flying in the vicinity of an aerodrome alerting service ANZA ANZA mutual recognition agreements section 100(1)(ed) approach control service area control service Australia Australian AOC with ANZA privileges section 3(1) of the Civil Aviation Act 1988 (Aust) Australian temporary stop notice section 3(1) of the Civil Aviation Act 1988 (Aust) Authority section 72A aviation document aviation examiner section 27F(2) section 27Q(2)(c) Part 2A aviation related service aviation security officer Aviation Security Service section 72B(2)(ca) CASA a: the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust) b: any successor of that Authority Civil Aviation Registry section 74 Commission Transport Accident Investigation Commission Act 1990 controlled airspace controlled flight convener section 27J Convention a: any amendment to the Convention that has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and b: any Annex or amendment to any Annex accepted under Article 90 of the Convention, to the extent adopted by New Zealand; and c: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation under Article 37 of the Convention, to the extent adopted by New Zealand Corporation State-Owned Enterprises Act 1986 dangerous goods a: are listed in, or classified in accordance with, the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air b: have properties that would result in the articles or substances being classified as dangerous goods under the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air deputy convener section 27J Director section 72I flight information service General Manager section 72L health professional section 114 holder ICAO incident international airport judicial officer a Community Magistrate, constable manoeuvring area a: means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing; but b: does not include areas set aside for loading, unloading, or maintenance of aircraft medical examiner section 27F(1) section 27Q(2)(b) section 27D medical practitioner a: a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) b: a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction member Minister Ministry navigation installation a: means any building, facility, work, apparatus, equipment, or place, (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation; and b: includes any land adjacent to any such building, facility, work, apparatus, equipment, or place, and used in connection therewith New Zealand AOC with ANZA privileges section 11G New Zealand Register of Aircraft section 73 New Zealand registered aircraft Director section 6(1)(a) New Zealand temporary stop notice section 11C(1) operate operator owner pilot-in-command prescribed rules or Governor-General Part 3 Secretary security area Director section 84 security designated aerodrome section 82 security designated navigation installation section 82 security enhanced area section 84(1A) service charter section 72G specified examination a: an examination of visual and colour perception; or b: an examination of hearing; or c: a psychological examination; or d: any other class of examination prescribed in the rules sterile area unruly passenger offence a: means an offence against Part 5A b: includes an offence to which section 65C 2: For the purposes of this Act, an aviation identity card issued or approved by the Director under any regulations or rules made under this Act is not an aviation document. 1964 No 68 s 2 1968 No 39 s 16(1) 1969 No 9 s 2 1973 No 6 s 6(1) 1976 No 122 s 3(8) 1976 No 153 s 2 1977 No 146 s 2 1987 No 108 s 2 Section 2(1) accident (b) amended 1 June 2002 section 4(1) Civil Aviation Amendment Act 2002 Section 2(1) air traffic service amended 10 August 1992 section 2(1) Civil Aviation Amendment Act 1992 Section 2(1) air transport operations repealed 13 August 1996 Civil Aviation Amendment Act 1996 Section 2(1) ANZA inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) ANZA mutual recognition agreements inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Australia inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Australian AOC with ANZA privileges inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Australian temporary stop notice inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Authority inserted 10 August 1992 section 2(3) Civil Aviation Amendment Act 1992 Section 2(1) aviation examiner inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) aviation examiner amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Aviation Security Service amended 20 August 1993 section 2(2) Civil Aviation Amendment Act 1993 Section 2(1) CASA inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) convener inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) convener amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Convention substituted 1 June 2002 section 4(3) Civil Aviation Amendment Act 2002 Section 2(1) Corporation replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) dangerous goods substituted 1 June 2004 section 4(2) Civil Aviation Amendment Act 2004 Section 2(1) deputy convener inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) deputy convener amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Director substituted 10 August 1992 section 2(4) Civil Aviation Amendment Act 1992 Section 2(1) General Manager inserted 20 August 1993 section 2(1) Civil Aviation Amendment Act 1993 Section 2(1) health professional inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) judicial officer amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 2(1) judicial officer amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 2(1) medical examiner inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) medical examiner amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member inserted 10 August 1992 section 2(5) Civil Aviation Amendment Act 1992 Section 2(1) member amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) Minister substituted 1 December 2004 section 3 Civil Aviation Amendment Act (No 2) 2004 Section 2(1) Ministry substituted 1 December 2004 section 3 Civil Aviation Amendment Act (No 2) 2004 Section 2(1) New Zealand AOC with ANZA privileges inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) New Zealand registered aircraft amended 10 August 1992 section 2(6) Civil Aviation Amendment Act 1992 Section 2(1) New Zealand temporary stop notice inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) performance agreement repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) registered medical practitioner repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) rules amended 1 August 2010 section 4 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 2(1) Secretary substituted 1 December 2004 section 3 Civil Aviation Amendment Act (No 2) 2004 Section 2(1) security area amended 20 August 1993 section 2(3) Civil Aviation Amendment Act 1993 Section 2 security enhanced area inserted 26 September 2007 section 4(2) Civil Aviation Amendment Act 2007 Section 2(1) service charter added 10 August 1992 section 2(8) Civil Aviation Amendment Act 1992 Section 2(1) specified examination added 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) sterile area added 26 September 2007 section 4(3) Civil Aviation Amendment Act 2007 Section 2(1) unruly passenger offence added 1 June 2004 section 4(3) Civil Aviation Amendment Act 2004 Section 2(2) added 11 April 2008 section 4(4) Civil Aviation Amendment Act 2007 3: Act to bind the Crown 1: Subject to subsection (2), this Act shall bind the Crown. 2: Except as otherwise expressly provided in this Act or any other Act, or in the regulations or rules concerned, nothing in this Act or in any regulations or rules made under this Act shall apply to the New Zealand Defence Force. 1964 No 68 s 26 1986 No 124 s 32(1) 1987 No 108 s 5 4: Application of Act 1: Except as provided in section 53A , Part 5A section 96A a: every person, aircraft, aerodrome, aeronautical product, air service, and aviation related service, in New Zealand: b: every New Zealand registered aircraft whether within or outside New Zealand: c: every holder of an aviation document while outside New Zealand and exercising or purporting to exercise privileges accorded by that document: d: every foreign registered aircraft operating in New Zealand. 2: Notwithstanding subsection (1), the Minister, acting on the recommendation of the Authority or the Director, as the case may require, may, by agreement with the appropriate foreign aeronautical authority,— a: transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a New Zealand registered aircraft operated by that foreign operator that the Authority or the Director has under this Act or regulations or rules made under this Act: b: vest in the Authority or the Director, as the case may require, all or part of the responsibility for foreign registered aircraft operated by a New Zealand operator that arises under this Act or regulations or rules made under this Act: c: grant exemptions from this Act, and from regulations and rules made under this Act, relevant to any exercise of the Minister's powers under this subsection. 2A: Every New Zealand registered aircraft shall, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention. 3: Except where an act or omission is required in order to comply with the laws of any foreign State, every holder of an aviation document who, while outside New Zealand and exercising or purporting to exercise the privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed in New Zealand, shall be deemed to have committed an offence under this Act and may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand. 4: Nothing in this section shall be interpreted as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign State that applies to or in respect of the person or aircraft. 5: Nothing in this Act shall be interpreted as limiting the privileges or immunities of— a: any foreign military aircraft; or b: the officers and crew of any foreign military aircraft. 6: An exemption under subsection (2)(c) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published 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 4(1) amended 1 June 2004 section 5 Civil Aviation Amendment Act 2004 Section 4(1) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 4(2) substituted 10 August 1992 section 3 Civil Aviation Amendment Act 1992 Section 4(2A) inserted 10 August 1992 section 3 Civil Aviation Amendment Act 1992 Section 4(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Civil Aviation Authority Section 5 repealed 10 August 1992 section 4 Civil Aviation Amendment Act 1992 1: Entry into the civil aviation system 6: Requirement to register aircraft 1: Except as otherwise provided in this Act or rules made under this Act, every person lawfully entitled to the possession of an aircraft for a period of 28 days or longer a: the Director b: the appropriate aeronautical authorities of a contracting State of ICAO; or c: the appropriate aeronautical authorities of another State that is party to an agreement with the Government of New Zealand or the Civil Aviation Authority for New Zealand which provides for the acceptance of each other's registrations. 2: No aircraft shall be registered in or remain registered in New Zealand if it is registered in any other country. 3: The Director 4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 1964 No 68 s 29(2)(h) Section 6(1) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 6(1)(a) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 6(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 6(4) amended 1 March 2017 section 261 District Court Act 2016 7: Requirement for aviation document 1: Rules made under this Act may require that an aviation document shall be required by or in respect of all or any of the following: a: New Zealand registered aircraft: b: aircraft pilots: c: flight crew members: d: air traffic service personnel: e: aviation security service personnel: f: aircraft maintenance personnel: g: air services: h: air traffic services: i: aerodromes and aerodrome operators: j: navigation installation providers: k: aviation training organisations: l: aircraft design, manufacture, and maintenance organisations: m: aeronautical procedures: n: aviation security services: o: aviation meteorological services: p: aviation communications services: q: any persons, services, or things within any of the classes specified in paragraphs (a) to (p): r: such other persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the rules: s: any person who is an aviation examiner or medical examiner. 2: The requirements, standards, and application procedure for each aviation document, and the maximum period for which each document may be issued, shall be prescribed by rules made under this Act. 3: Subject to any rules made under this Act, an aviation document may be issued by the Director Director 4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 Section 7(1)(s) added 1 April 2002 section 6 Civil Aviation (Medical Certification) Amendment Act 2001 Section 7(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 7(4) amended 1 March 2017 section 261 District Court Act 2016 8: Application for aviation document 1: Every application for the grant or renewal of an aviation document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require. 2: Every applicant for an aviation document shall include in the application the applicant's address for service in New Zealand including, where applicable, telephone and facsimile numbers. 3: It shall be the duty of every holder of an aviation document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any changes to the address, telephone number, or facsimile number. 4: The Director shall ensure that a record of all information provided under this section is maintained at the Civil Aviation Registry. 5: Service of any notification under this Act on a holder of, or applicant for, an aviation document shall be effective service if served on the address last provided by that holder or applicant under this section. Section 8 substituted 10 August 1992 section 5 Civil Aviation Amendment Act 1992 Section 8(2) substituted 13 August 1996 Civil Aviation Amendment Act 1996 9: Grant or renewal of aviation document 1: After considering any application for the grant or renewal of an aviation document, the Director a: all things in respect of which the document is sought meet the relevant prescribed requirements; and b: the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document— i: either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Director ii: is a fit and proper person to have such control or hold the document; and iii: meets all other relevant prescribed requirements ; and ba: in the case of a New Zealand AOC with ANZA privileges,— i: the requirements in section 11G(2) ii: the applicant meets or will meet the conditions in section 11G(4) c: it is not contrary to the interests of aviation safety for the document to be granted or renewed. 2: For the purpose of granting or renewing an aviation document, the Director 3: It shall be a condition of every current aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document 4: Where the Director declines to grant an application for the grant or renewal of an aviation document under this section, the applicant may appeal against that decision to the District Court section 66 Section 9(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 9(1)(b)(i) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 9(1)(b)(iii) amended 10 August 1992 section 6(1) Civil Aviation Amendment Act 1992 Section 9(1)(ba) inserted 30 March 2007 section 6 Civil Aviation Amendment Act 2004 Section 9(1)(c) added 10 August 1992 section 6(1) Civil Aviation Amendment Act 1992 Section 9(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 9(3) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 9(3) amended 10 August 1992 section 6(2) Civil Aviation Amendment Act 1992 Section 9(4) substituted 10 August 1992 section 6(3) Civil Aviation Amendment Act 1992 Section 9(4) amended 1 March 2017 section 261 District Court Act 2016 10: Criteria for fit and proper person test 1: For the purpose of determining whether or not a person is a fit and proper person for any purpose under Director Director a: the person's compliance history with transport safety regulatory requirements: b: the person's related experience (if any) within the transport industry: c: the person's knowledge of the applicable civil aviation system regulatory requirements: d: any history of physical or e: any conviction for any transport safety offence, whether or not— i: the conviction was in a New Zealand court; or ii: the offence was committed before the commencement of this Act: f: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act: g: in the case where a New Zealand AOC with ANZA privileges applies, the person's compliance with the conditions specified in section 11G(4) 2: The Director 3: The Director for any purpose under a: seek and receive such information (including medical reports) as the Director b: consider information obtained from any source. 4: Subsection (1) applies to a body corporate with the following modifications: a: paragraphs (a), (b), (c), (e), (f), and (g) b: paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate. 5: If the Director Director section 11 6: Nothing in subsection (5) shall require the Director 7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,— a: in the case of non-disclosure to an individual of information about the individual,— i: inform the individual that he or she may, under the Privacy Act 2020 ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) b: in any other case,— i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982 ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) Section 10(1) amended 10 August 1992 section 7(1) Civil Aviation Amendment Act 1992 Section 10(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(1)(d) amended 10 August 1992 section 7(2) Civil Aviation Amendment Act 1992 Section 10(1)(g) added 30 March 2007 section 7(1) Civil Aviation Amendment Act 2004 Section 10(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(3) amended 10 August 1992 section 7(1) Civil Aviation Amendment Act 1992 Section 10(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(3)(a) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(4) substituted 28 November 1991 section 2 Civil Aviation Amendment Act 1991 Section 10(4)(a) amended 30 March 2007 section 7(2) Civil Aviation Amendment Act 2004 Section 10(5) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(6) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(7) substituted 1 June 2004 section 7(3) Civil Aviation Amendment Act 2004 Section 10(7)(a)(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 10(7)(a)(ii) amended 1 December 2020 section 217 Privacy Act 2020 11: Rights of persons affected by proposed adverse decisions 1: In this section, unless the context otherwise requires,— adverse decision affected document holder person directly affected section 66 person on the basis of whose character the adverse decision arises section 10 Director 2: Where the Director Director a: notify the person directly affected by the proposed decision of the proposed decision; and b: subject to subsection (4), inform that person of the grounds for the proposed decision; and c: specify a date by which submissions may be made to the Director d: where appropriate, specify the date on which the proposed decision will, unless the Director e: notify the person of the person's right of appeal under section 66 Director f: specify such other matters as in any particular case may be required by any provision of this or any other Act. 3: Where the Director Director a: shall also supply a copy of the notice to— i: any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and ii: any affected document holder, where the Director b: may supply a copy of the notice to any other affected document holder. 4: No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 10(1) a: the notice or copy is supplied to the person to whom the information relates; or b: that person consents to the supply of that information to any other person. 5: Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply: a: it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director Director Director b: the Director Director Director c: the Director Director 6: After considering the matters referred to in subsection (5) Director a: finally determine whether or not to make the proposed adverse decision; and b: as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a), of— i: the Director's ii: the date on which the decision will take effect; and iii: in the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 9(4) section 17(7) section 18(4) Section 11(1) adverse decision substituted 10 August 1992 section 8(1) Civil Aviation Amendment Act 1992 Section 11(1) person on the basis of whose character the adverse decision arises amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2) amended 10 August 1992 section 8(2) Civil Aviation Amendment Act 1992 Section 11(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2)(c) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2)(d) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2)(e) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(3)(a)(ii) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(5)(a) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(5)(b) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(5)(c) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(6) amended 10 August 1992 section 8(3) Civil Aviation Amendment Act 1992 Section 11(6) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(6)(b)(i) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(6)(b)(iii) substituted 10 August 1992 section 8(4) Civil Aviation Amendment Act 1992 1A: ANZA mutual recognition Part 1A inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 Preliminary provisions Heading inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11A: Purpose The purpose of this Part is to implement the ANZA mutual recognition agreements. Section 11A inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 Australian AOCs with ANZA privileges Heading inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11B: Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand 1: The holder of an Australian AOC with ANZA privileges may conduct air operations to, from, or within New Zealand if the holder provides the Director with— a: a copy of the Australian AOC with ANZA privileges; and b: written notice of the following: i: the details of all conditions imposed by CASA in relation to the Australian AOC with ANZA privileges; and ii: the holder's Australian— A: business address; and B: telephone number; and C: fax number (if any); and iii: the holder's New Zealand— A: business address; and B: telephone number; and C: fax number (if any); and iv: the holder's email address (if any); and v: any other prescribed information; and c: the holder's consent in writing to the making of inquiries to, and the exchange of information with, CASA regarding that holder's civil aviation activities. 2: A holder of an Australian AOC with ANZA privileges must ensure that the Director is advised of every alteration to the Australian AOC with ANZA privileges or to the information provided by the holder to the Director within 7 days of the date on which the alteration is made. Section 11B inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11C: New Zealand temporary stop notice 1: The Director may give the holder of an Australian AOC with ANZA privileges a written temporary stop notice that requires the holder to cease conducting all or any air operations in New Zealand for the period (which must not be more than 7 days) specified in the notice. 2: The Director may issue a New Zealand temporary stop notice only if the Director considers that, as a result of the holder conducting all or any air operations in New Zealand, there is a serious risk to civil aviation safety in New Zealand. 3: Immediately on receiving a New Zealand temporary stop notice, the holder must cease conducting the air operations specified in the notice in New Zealand for the period specified in the notice. 4: The Director may not delegate the power to issue or revoke a New Zealand temporary stop notice. 5: The Director may amend or revoke a New Zealand temporary stop notice before the period specified in that notice has expired. 6: The Director must revoke a New Zealand temporary stop notice if the Authority receives notification from CASA of the Director of CASA's response to the New Zealand temporary stop notice. Section 11C inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11D: Contents of New Zealand temporary stop notice 1: A New Zealand temporary stop notice must specify— a: the reasons why the Director considers that there is a serious risk to civil aviation safety in New Zealand; and b: the period for which the holder of the Australian AOC with ANZA privileges must cease conducting air operations in New Zealand. 2: Failure to comply with subsection (1) does not invalidate the New Zealand temporary stop notice. Section 11D inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11E: Director to notify CASA about New Zealand temporary stop notice As soon as practicable after giving a New Zealand temporary stop notice to the holder of an Australian AOC with ANZA privileges, the Director must give CASA a copy of the notice and any other information that CASA may require. Section 11E inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 AOCs with ANZA privileges Heading inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11F: Requirements for AOCs with ANZA privileges 1: Whenever the Director makes a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director must take into account all relevant Australian and New Zealand regulatory requirements in relation to New Zealand AOCs with ANZA privileges. 2: In making a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director— a: must, if appropriate, consult CASA; and b: may take into account any of the following items that the Director receives from CASA: i: advice: ii: guidelines: iii: recommendations: iv: other relevant information. Section 11F inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11G: Grant of New Zealand AOC with ANZA privileges 1: The Director may, in accordance with this Act and any rules made under this Act, grant to an air operator in New Zealand an authorisation (called a New Zealand AOC with ANZA privileges) that will authorise the air operator to conduct air operations to, from, or within Australia. 2: Before the Director may grant a New Zealand AOC with ANZA privileges, the Director must— a: be satisfied that the air operator will be conducting air operations to, from, or within New Zealand; and b: receive from the licensing authority written confirmation that, if the New Zealand AOC with ANZA privileges is issued to the air operator, the licensing authority considers that the air operator will be eligible to conduct air operations in Australia under the air services arrangements in place between Australia and New Zealand; and c: be satisfied that the air operator has complied with, or is capable of complying with, all the relevant requirements of the Civil Aviation Act 1988 (Aust) d: consult with CASA. 3: A New Zealand AOC with ANZA privileges may be granted by amending an appropriate existing aviation document or by granting an appropriate new aviation document. 4: A New Zealand AOC with ANZA privileges is subject to the conditions that the holder— a: must conduct air operations to, from, or within New Zealand; and b: must not hold an Australian AOC with ANZA privileges authorising the holder to conduct air operations that are covered by the New Zealand AOC with ANZA privileges; and c: must comply with all the requirements of the Civil Aviation Act 1988 (Aust) d: must undertake the supervision of its management systems from or within New Zealand; and e: must ensure that the training and supervision of its employees is principally undertaken from or within New Zealand; and f: must ensure that the majority of resources associated with the exercise of the privileges of the AOC are situated within New Zealand; and g: must ensure that the people who control the exercise of the privileges of the AOC spend the majority of their time in New Zealand. 5: A New Zealand AOC with ANZA privileges may be issued on any other conditions that the Director thinks appropriate. 6: In subsection (2), licensing authority Part 8A Section 11G inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11H: Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges 1: After the Director receives notification from CASA that CASA has given the holder of a New Zealand AOC with ANZA privileges an Australian temporary stop notice, the Director must— a: immediately consider the circumstances that gave rise to the giving of the notice; and b: decide, as soon as practicable and in accordance with the ANZA mutual recognition agreements, whether he or she should— i: suspend in whole or in part the New Zealand AOC with ANZA privileges under section 17 ii: revoke in whole or in part the New Zealand AOC with ANZA privileges under section 18 iii: impose conditions on the New Zealand AOC with ANZA privileges under section 17 section 18 iv: take any other action in relation to that New Zealand AOC holder. 2: The Director must notify CASA of his or her decision and of any action taken. Section 11H inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 11I: Change of country of certification 1: This section applies if the Director believes on reasonable grounds that— a: it would be in the interests of Australian and New Zealand civil aviation safety for the holder to conduct air operations in the Australian civil aviation system; and b: the holder of a New Zealand AOC with ANZA privileges is no longer able to comply with all the conditions specified in section 11G(4) 2: If this section applies, the Director must— a: consult with CASA; and b: notify the holder— i: that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 11G(4) ii: of the grounds for the Director's belief; and c: allow the holder at least 90 days from the date of the Director's notification under paragraph (b) to refute and comment on the Director's belief. 3: If, after the process referred to in subsection (2) has been properly completed, the Director is satisfied that, in the interests of Australian and New Zealand civil aviation safety, the holder should no longer exercise ANZA privileges, the Director may— a: amend the New Zealand AOC with ANZA privileges: b: withdraw the privileges attaching to the AOC. 4: Any person in respect of whom a decision is taken under subsection (3) may appeal against that decision to the District Court section 66 Section 11I inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 Section 11I(4) amended 1 March 2017 section 261 District Court Act 2016 11J: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority An employee of the Authority may, subject to any directions from the Director of CASA, perform any function or exercise any power delegated to that employee under the Civil Aviation Act 1988 (Aust) Section 11J inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 2: Functions, powers, and duties of participants in the civil aviation system 12: General requirements for participants in civil aviation system 1: Every person who does anything for which an aviation document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate aviation documents and all the necessary qualifications and other documents are held by that person. 2: Every participant shall comply with this Act, the relevant rules or regulations 3: Every participant shall ensure that the activities or functions for which the aviation document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices. 4: Every participant who holds an aviation document that authorises the provision of a service within the civil aviation system— a: shall, if so required by rules made under this Act, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and b: shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and c: shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document Section 12(2) amended 11 April 2008 section 5 Civil Aviation Amendment Act 2007 Section 12(4)(c) amended 28 November 1991 section 3 Civil Aviation Amendment Act 1991 13: Duties of pilot-in-command The pilot-in-command of an aircraft shall— a: be responsible for the safe operation of the aircraft in flight, the safety and well-being of all passengers and crew, and the safety of cargo carried; and b: have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and c: subject to section 13A Section 13 substituted 13 August 1996 Civil Aviation Amendment Act 1996 13A: Duties of pilot-in-command and operator during emergencies 1: Subject to subsections (2) and (6), in an emergency that arises in flight, the pilot-in-command may breach the provisions of this Act or of regulations or rules made under this Act. 2: For the purposes of subsection (1), a breach of any prescribed requirement is permitted only if the pilot-in-command is satisfied that— a: the emergency involves a danger to life or property; and b: the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and d: the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it. 3: Subject to subsections (4) to (6), where an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of the aircraft or the operator of the aircraft may breach the provisions of this Act or of regulations or rules made under this Act. 4: For the purposes of subsection (3), a breach of any prescribed requirement is permitted only if— a: the emergency involves a danger to life or property; and b: the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and d: the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk in failing to attend to the emergency. 5: Nothing in subsection (3) permits— a: the operation of an aircraft that is not registered in New Zealand or elsewhere; or b: the breach of any prescribed requirement as to the airworthiness of an aircraft; or c: the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft. 6: Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall— a: immediately notify the relevant air traffic control service of the action; and b: as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action. Section 13A inserted 13 August 1996 Civil Aviation Amendment Act 1996 14: Objectives of Minister The objectives of the Minister under this Act are— a: to undertake the Minister's functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system; and b: to ensure that New Zealand's obligations under international civil aviation agreements are implemented. Section 14 substituted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004 14A: Functions of Minister The functions of the Minister under this Act are— a: to promote safety in civil aviation: b: to administer New Zealand's participation in the Convention and any other international aviation convention, agreement, or understanding to which the Government of New Zealand is a party: c: to administer the Crown's interest in the aerodromes referred to in Part 10 d: to make rules under this Act. Section 14A inserted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004 14B: Search and rescue operations 1: The Minister— a: must establish, maintain, and operate a search and rescue co-ordination centre to co-ordinate and conduct— i: an aviation search and rescue operation; and ii: a maritime search and rescue operation; and iii: any other search and rescue operation that the Minister considers appropriate; and b: may exercise any powers that may be necessary or desirable— i: for the effective co-ordination and performance of a search and rescue operation specified in paragraph (a); and ii: to implement any international convention or agreement relating to search and rescue to which New Zealand is a party; and c: may appoint persons to, either generally or in any particular case, participate in or co-ordinate a search and rescue operation specified in paragraph (a). 2: The Minister may authorise the payment, out of money appropriated for the purpose by Parliament, of an amount that the Minister considers appropriate to— a: any person who assisted in a search and rescue operation specified in subsection (1)(a) at the request of a person appointed under subsection (1)(c); or b: the owner of any vehicle, ship, or aircraft used in a search and rescue operation specified in subsection (1)(a) in response to a request by a person appointed under subsection (1)(c). Section 14B inserted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004 14C: Minister may direct agencies with respect to search and rescue operations The Minister may direct the Civil Aviation Authority or Maritime New Zealand a: operate and maintain the search and rescue co-ordination centre established under section 14B(1)(a) b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a) c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a) d: exercise any or all of the powers of the Minister under section 14B(1)(b) Section 14C inserted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004 Section 14C amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 15: Director may require or carry out safety and security inspections and monitoring 1: The Director may in writing require any person who— a: holds an aviation document or an Australian AOC with ANZA privileges b: operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, aviation related service, air traffic service, or aeronautical procedure; or c: is designated as an aviation examiner or medical examiner under Part 2A to undergo or carry out such inspections and such monitoring as the Director considers necessary in the interests of civil aviation safety and security. 1A: In the case of an Australian AOC with ANZA privileges, the Director may only carry out inspections and monitoring at the request of CASA. 2: The Director may, in respect of any person described in paragraph (a) or paragraph (b) of subsection (1), carry out such inspections and monitoring as the Director considers necessary in the interests of civil aviation safety and security. 2A: The Director may, in respect of a holder of a New Zealand AOC with ANZA privileges, carry out in Australia any inspections and monitoring that the Director considers necessary in the interests of civil aviation safety. 3: For the purposes of any inspection or monitoring carried out in respect of any person under subsection (2), the Director may in writing require from that person such information as the Director considers relevant to the inspection or the monitoring. Section 15 substituted 13 August 1996 Civil Aviation Amendment Act 1996 Section 15(1)(a) amended 30 March 2007 section 9(1) Civil Aviation Amendment Act 2004 Section 15(1)(b) amended 1 April 2002 section 11 Civil Aviation (Medical Certification) Amendment Act 2001 Section 15(1)(c) inserted 1 April 2002 section 11 Civil Aviation (Medical Certification) Amendment Act 2001 Section 15(1A) inserted 30 March 2007 section 9(2) Civil Aviation Amendment Act 2004 Section 15(2A) inserted 30 March 2007 section 9(3) Civil Aviation Amendment Act 2004 15A: Power of Director to investigate holder of aviation document 1: The Director may, in writing, require any holder of an aviation document to undergo an investigation conducted by the Director if the Director believes, on reasonable grounds, that it is necessary in the interests of civil aviation safety and security, and if the Director— a: has reasonable grounds to believe that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12 b: considers that the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner. 2: If the Director requires a holder to undergo an investigation, the Director must— a: conclude the investigation as soon as practicable; and b: inform the holder, in writing, of— i: the date on which the investigation will begin; and ii: the results of the investigation, including— A: any recommendations arising out of the investigation; and B: the grounds for those recommendations. Section 15A inserted 1 June 2002 section 5 Civil Aviation Amendment Act 2002 16: Director of Civil Aviation Safety Section 16 repealed 10 August 1992 section 10 Civil Aviation Amendment Act 1992 17: Power of Director to suspend aviation document or impose conditions 1: The Director may suspend any aviation document issued under this Act or rules made under this Act or impose conditions in respect of any such document, if he or she considers such action necessary in the interests of safety, and if he or she— a: considers such action necessary to ensure compliance with this Act or rules made under this Act; or b: is satisfied that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12 c: is satisfied the holder has contravened or failed to comply with section 49 d: considers that the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner ; or e: in the case of a holder of a New Zealand AOC with ANZA privileges, has received from the Director of CASA a copy of an Australian temporary stop notice given to the holder. 2: Without limiting the general provisions of subsection (1), the Director may suspend any aviation document relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the document relates. 3: The suspension of any aviation document and any conditions imposed under subsection (1) or subsection (2) remain in force until the Director determines what action, if any, referred to in subsection (4) is to be taken; but any such suspension or conditions expire 10 working days after the date that the suspension or conditions are imposed unless, before the expiry of that 10-working day period, the Director extends the suspension or conditions for a further specified period. 4: The Director may take 1 or more of the following actions: a: impose conditions for a specified period: b: withdraw any conditions: c: suspend any aviation document for a specified period: d: revoke or partially revoke any aviation document under section 18 e: impose permanent conditions under section 18 4A: If notice of a proposed revocation of an aviation document , or notice of the proposed imposition of permanent conditions, section 11 or to impose permanent conditions on the document section 18 5: Any person whose aviation document has been suspended or made subject to conditions under subsection (4) 6: The whole or any part of an aviation document may be suspended under this section. 7: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 Section 17(1)(c) substituted 10 August 1992 section 11 Civil Aviation Amendment Act 1992 Section 17(1)(d) amended 30 March 2007 section 10(1) Civil Aviation Amendment Act 2004 Section 17(1)(e) added 30 March 2007 section 10(1) Civil Aviation Amendment Act 2004 Section 17(3) substituted 1 June 2002 section 6(1) Civil Aviation Amendment Act 2002 Section 17(4) substituted 1 June 2002 section 6(1) Civil Aviation Amendment Act 2002 Section 17(4)(e) added 1 June 2004 section 10(2) Civil Aviation Amendment Act 2004 Section 17(4A) inserted 1 June 2002 section 6(1) Civil Aviation Amendment Act 2002 Section 17(4A) amended 1 June 2004 section 10(3)(a) Civil Aviation Amendment Act 2004 Section 17(4A) amended 1 June 2004 section 10(3)(b) Civil Aviation Amendment Act 2004 Section 17(5) amended 1 June 2002 section 6(2) Civil Aviation Amendment Act 2002 Section 17(7) amended 1 March 2017 section 261 District Court Act 2016 18: Power to revoke aviation document or impose conditions 1: The Director may, if he or she considers it necessary in the interests of aviation safety after an inspection, monitoring, or investigation carried out under this Act, revoke an aviation document or impose permanent conditions on an aviation document. 1A: Without limiting subsection (1), the Director may revoke or impose permanent conditions on an aviation document if the Director— a: has been advised by the Director of CASA that CASA has given the holder of the document an Australian temporary stop notice; and b: considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety. 2: Revocation under this section may be in respect of the whole or any part of an aviation document. 3: If the Director proposes to take action under this section, he or she must give notice in accordance with section 11 4: A person whose aviation document is revoked or made subject to permanent conditions under this section must,— a: if the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement: b: if the whole document is revoked, immediately surrender the document to the Director. 5: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 Section 18 substituted 1 June 2002 section 7 Civil Aviation Amendment Act 2002 Section 18(1A) inserted 30 March 2007 section 11 Civil Aviation Amendment Act 2004 Section 18(5) amended 1 March 2017 section 261 District Court Act 2016 19: Criteria for action taken under section 17 or section 18 1: The provisions of this section shall apply for the purpose of determining whether an aviation document should be suspended or made subject to conditions under section 17 or made subject to conditions section 18 2: Where this section applies, a: the person's compliance history with transport safety regulatory requirements: b: any conviction for any transport safety offence, whether or not— i: the conviction was in a New Zealand court; or ii: the offence was committed before the commencement of this Act: c: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act. 3: The 4: The a: seek and receive such information as b: consider information obtained from any source. 5: If , but, in the case of the suspension of an aviation document or the imposition of conditions under section 17 6: Nothing in subsection (5) or subsection (7) requires the Director to disclose— a: any information, the disclosure of which would endanger the safety of any person; or b: any information or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions in respect of an aviation document under section 17 7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,— a: in the case of non-disclosure to an individual of information about the individual,— i: inform the individual that the individual may, under the Privacy Act 2020 ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) b: in any other case,— i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982 ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) Section 19(1) amended 1 June 2002 section 8(1) Civil Aviation Amendment Act 2002 Section 19(2) amended 10 August 1992 section 13(1)(a) Civil Aviation Amendment Act 1992 Section 19(2) amended 10 August 1992 section 13(1)(b) Civil Aviation Amendment Act 1992 Section 19(3) amended 10 August 1992 section 13(2) Civil Aviation Amendment Act 1992 Section 19(4) amended 10 August 1992 section 13(3)(a) Civil Aviation Amendment Act 1992 Section 19(4)(a) amended 10 August 1992 section 13(3)(b) Civil Aviation Amendment Act 1992 Section 19(5) amended 1 June 2002 section 8(2) Civil Aviation Amendment Act 2002 Section 19(5) amended 10 August 1992 section 13(4)(a) Civil Aviation Amendment Act 1992 Section 19(6) substituted 1 June 2002 section 8(3) Civil Aviation Amendment Act 2002 Section 19(7) substituted 1 June 2004 section 12 Civil Aviation Amendment Act 2004 Section 19(7)(a)(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 19(7)(a)(ii) amended 1 December 2020 section 217 Privacy Act 2020 20: Power of Director 1: The Director 2: Subject to subsection (3), the Director a: amend any aviation document to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder: b: revoke any aviation document if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder: c: amend any aviation document to correct any clerical error or obvious mistake on the face of the document. 3: Before taking any action under subsection (2), the Director 4: The power to amend an aviation document under this section includes— a: power to revoke the document and issue a new document in its place; and b: power to impose reasonable conditions. 5: When the holder of an aviation document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director Section 20 heading amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(5) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 21: Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions 1: Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property, the Director may, if authorised by a warrant given by a judicial officer on written application on oath, do all or any of the following: a: detain the aircraft or any aircraft of that class: b: seize the aeronautical product or any aeronautical products of that class: c: prohibit or impose conditions on 2: Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director may do all or any of the following: a: prohibit or impose conditions on the operation of the aircraft or all aircraft of that class: b: prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class: c: detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. 3: Any detention or seizure under subsection (1) or subsection (2) shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act those aircraft, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose. 4: The Director shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure. 5: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 6: For the purpose of subsections (1) and (2) 7: Section 21(1)(c) amended 10 August 1992 section 14(a) Civil Aviation Amendment Act 1992 Section 21(5) amended 1 March 2017 section 261 District Court Act 2016 Section 21(6) amended 10 August 1992 section 14(b) Civil Aviation Amendment Act 1992 Section 21(7) repealed 10 August 1992 section 14(c) Civil Aviation Amendment Act 1992 22: Delegation of Minister's functions or powers to Authority 1: The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister's functions and powers under this Act. 2: Every delegation under this section shall be in writing. 3: No delegation under this section shall include the power to delegate under this section. 4: The power of the Minister to delegate under this section— a: is subject to section 28(9) b: does not limit any power of delegation conferred on the Minister by any other Act. 5: Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation. 6: Where the Authority purports to act pursuant to any delegation under this section, the Authority, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 7: No such delegation shall affect or prevent the exercise of any function or power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation. 8: The Authority must not delegate any functions or powers delegated to the Authority by the Minister without the written consent of the Minister. Section 22 substituted 10 August 1992 section 15 Civil Aviation Amendment Act 1992 Section 22(8) added 25 January 2005 section 200 Crown Entities Act 2004 23: Delegation of Authority's functions or powers to employees of Authority Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004 23A: Delegation of Director's functions or powers to employees of Authority 1: The Director may from time to time, either generally or particularly, delegate to any employee of the Authority any of the Director's functions and powers under this Act or any other Act, or under any regulations or rules made under this Act, including functions or powers delegated to the Director under this Act. 2: Every delegation under this section shall be in writing. 3: 4: Notwithstanding subsection (1), the Director shall not delegate— a: b: the power under section 18 5: The provisions of sections 73(4) 74 to 76 6: The Director must not delegate any functions or powers delegated to the Director by the Minister without the written consent of the Minister. 7: Any delegation under this section may be made to a specified employee of the Authority or to employees of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices of the Authority. 8: Every delegation under this section, until it is revoked, continues in force according to its tenor, despite the fact that the employee of the Authority by whom it was made may cease to hold office, and continues to have effect as if made by the employee for the time being holding that office. Section 23A inserted 10 August 1992 section 15 Civil Aviation Amendment Act 1992 Section 23A(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(4)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(5) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(6) added 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(7) added 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(8) added 25 January 2005 section 200 Crown Entities Act 2004 23B: Delegation of 1: 2: Subject to this section, the Director may from time to time either generally or particularly delegate to any person who is not an employee of the Authority any of the Director's functions and powers under this Act, or under any regulations or rules made under this Act, other than— a: the power under section 18 b: the power under section 41 c: the power under section 58 2A: Any function or power that may be delegated under subsection (2) to a person in New Zealand who is not an employee of the Authority may be delegated under that subsection to an officer of CASA for the purpose of enabling that officer to perform the function or exercise the power in Australia in respect of New Zealand AOCs with ANZA privileges. 3: Every delegation under this section shall be in writing. 4: No delegation shall be made under this section without the written consent of the Minister. 5: In any case where 6: The provisions of sections 73(4) 74 to 76 7: Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office. 8: Every delegation under this section shall be given for a specified period but in any event shall be revocable at will. 9: 10: 11: Every person purporting to act under any delegation under this section shall when reasonably requested to do so produce evidence of his or her authority to so act. 12: Any person who exercises any function or power under a delegation made under this section or under section 73 Section 23B inserted 10 August 1992 section 15 Civil Aviation Amendment Act 1992 Section 23B heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(2A) inserted 30 March 2007 section 13 Civil Aviation Amendment Act 2004 Section 23B(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(6) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(9) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(10) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(12) amended 25 January 2005 section 200 Crown Entities Act 2004 23C: Restrictions on delegations Notwithstanding sections 23 to 23B or section 73 a: neither the Authority nor the Director may delegate any function or power that does not relate to the functions or powers of the Aviation Security Service to any person in the Aviation Security Service without the prior written approval of the Minister: b: neither the Authority nor the Director may delegate any function or power in relation to the Aviation Security Service to any person outside that Service without the prior written approval of the Minister: c: the General Manager shall not delegate any function or power in relation to the Aviation Security Service to any employee of the Authority who is not in the Aviation Security Service without the prior written approval of the Minister. Section 23C inserted 20 August 1993 section 3 Civil Aviation Amendment Act 1993 Section 23C amended 25 January 2005 section 200 Crown Entities Act 2004 24: General power of entry 1: For the purpose of carrying out his or her functions, duties, or powers under this Act or regulations or rules made under this Act or for the purpose of the ANZA mutual recognition agreements Director a: any aircraft, aerodrome, building, or place: b: any document or record concerning any aircraft, aeronautical product, or aviation related service. 1A: In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1) may only be exercised at the request of CASA. 2: Without limiting the power conferred by subsection (1), every person duly authorised by the Director a: any breach of this Act or of regulations or rules made under this Act is being or about to be committed; or ab: in the case of an Australian AOC with ANZA privileges, a breach of the Civil Aviation 1988 (Aust) or of regulations or orders made under that Act is being, or is about to be, committed; or b: a condition imposed under any civil aviation document or Australian AOC with ANZA privileges c: a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property— may at any reasonable time enter any aircraft, aerodrome, building, or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists. 3: Every person who is authorised to have access to or a: may require any person who is in possession of an aviation document, or of any certificate, book, manual, record, list, notice, or other document that is required to be kept under this Act or, in the case of an Australian AOC with ANZA privileges, under Australian law b: must, if a document is surrendered under paragraph (a), orally inform the relevant aviation document holders or, if applicable, the relevant Australian AOC with ANZA privileges holder, as soon as practicable, and in writing that the document has been surrendered. 3A: The right of access and the powers conferred by any of subsections (1) to (3) may not be used to gain a right of access to, to inspect, or to require the production or surrender of a record specified in paragraph (a) or paragraph (b) of section 14C(2) 4: Nothing in subsection (1) or subsection (2) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 5: Subject to subsections (5A) subparts 1 3 4 5 7 9 10 5A: Despite subsection (5), sections 118 119 6: Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Director a: the name and the office or offices held by the person; and b: that the person is authorised by the Director ; and c: in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA. 7: Every person exercising the power of entry conferred by subsections (1) and (2) shall produce the warrant of authority and evidence of identity— a: if practicable on first entering the aircraft, aerodrome, building, or place; and b: whenever subsequently reasonably required to do so. 8: Every constable Director Section 24(1) amended 30 March 2007 section 14(1) Civil Aviation Amendment Act 2004 Section 24(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(1A) inserted 30 March 2007 section 14(2) Civil Aviation Amendment Act 2004 Section 24(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(2)(ab) inserted 30 March 2007 section 14(3) Civil Aviation Amendment Act 2004 Section 24(2)(b) amended 30 March 2007 section 14(4) Civil Aviation Amendment Act 2004 Section 24(3) substituted 1 June 2002 section 9 Civil Aviation Amendment Act 2002 Section 24(3) amended 1 June 2004 section 14(5) Civil Aviation Amendment Act 2004 Section 24(3)(a) amended 30 March 2007 section 14(6) Civil Aviation Amendment Act 2004 Section 24(3)(b) substituted 30 March 2007 section 14(7) Civil Aviation Amendment Act 2004 Section 24(3A) inserted 10 September 1999 section 10 Transport Accident Investigation Commission Amendment Act 1999 Section 24(4) amended 1 October 2012 section 210(2) Search and Surveillance Act 2012 Section 24(5) replaced 1 October 2012 section 210(3) Search and Surveillance Act 2012 Section 24(5A) inserted 1 October 2012 section 210(3) Search and Surveillance Act 2012 Section 24(6) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(6)(b) amended 30 March 2007 section 14(8) Civil Aviation Amendment Act 2004 Section 24(6)(b) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(6)(c) added 30 March 2007 section 14(8) Civil Aviation Amendment Act 2004 Section 24(8) amended 1 October 2008 section 116(a)(vii) Policing Act 2008 Section 24(8) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 25: Powers of entry of Corporation 1: Subject to subsection (3), Airways Corporation of New Zealand Limited may— a: enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment used for the purpose of carrying out the functions of the Corporation, being equipment installed before 1 January 1988; and b: perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing any such equipment. 2: A certificate under the seal of the Corporation containing a statement that any equipment of a kind referred to in subsection (1) was installed before 1 January 1988 shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement. 3: The power to enter upon land conferred by subsection (1) shall be subject to the following conditions: a: entry to the land shall be made only by an officer, employee, or agent of the Corporation authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent: b: reasonable notice of the intention to enter shall be given, and the provisions of Part 10 c: entry shall be made at reasonable times: d: the officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority. 4: Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property. 5: Any equipment owned by the Corporation that is fixed to or installed over or under the land and is not owned by the Corporation shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Corporation otherwise decides, and no person other than the Corporation shall have any interest in any such equipment by reason only of having an interest in the land. Section 25(3)(b) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 26: Obligation to notify all accidents and incidents 1: The pilot-in-command of any aircraft that is involved in an accident shall notify the accident to the Authority as soon as practicable. 1A: Every person who— a: operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, or aviation related service; and b: is involved in an incident,— shall, where required to do so under rules made under this Act, notify the incident to the Authority. 2: If, due to injuries or death, the pilot-in-command is unable to give the necessary notice under subsection (1), the operator shall provide the necessary notice. 3: The co-ordinator of any search and rescue operation for any aircraft shall notify the Authority of the operation as soon as practicable. 4: The Authority or subsection (1A) the Authority Section 26(1) substituted 10 August 1992 section 16(1) Civil Aviation Amendment Act 1992 Section 26(1A) inserted 10 August 1992 section 16(1) Civil Aviation Amendment Act 1992 Section 26(3) substituted 10 August 1992 section 16(2) Civil Aviation Amendment Act 1992 Section 26(4) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 26(4) amended 10 August 1992 section 16(3) Civil Aviation Amendment Act 1992 Section 26(4) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 26A: Obligation to identify pilot-in-command 1: If a pilot-in-command of an aircraft is alleged to have committed an offence under this Act or the rules, the Director or a constable a: inform the operator of the aircraft or the holder of the certificate of registration for the aircraft of the alleged offence; and b: require that person to give all information in that person's possession or reasonably obtainable by that person that may lead to the identification of the pilot. 2: A request under subsection (1) may be made orally or in writing, and the operator or holder of the certificate of registration (as the case may be) must comply with the request within 10 working days. 3: Subsection (1) does not apply if the operator or holder of the certificate of registration has been arrested or detained in relation to the suspected offence. Section 26A inserted 1 June 2002 section 10 Civil Aviation Amendment Act 2002 Section 26A(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 27: Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission 1: As soon as practicable after any accident or incident is notified to the Authority under section 26 a: an accident involving aircraft; or b: a serious incident in accordance with the provisions of the Convention. 2: Where the Authority has been notified of a search and rescue operation under section 26(3) Section 27 substituted 13 August 1996 Civil Aviation Amendment Act 1996 2A: Medical certification Part 2A inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27A: Interpretation 1: In this Part, unless the context otherwise requires,— accredited medical conclusion applicant licence holder a: holds an aviation document or is a pilot; and b: holds, or is required under the rules to hold, a medical certificate medical certificate a: issued by the Director under this Part to an applicant or licence holder; or b: recognised by the Director under the rules operator 2: A medical certificate is not an aviation document. 3: In this Part, the phrase privileges to which a medical certificate relates a: holds a current aviation document; or b: is permitted under the rules to operate an aircraft solo as a pilot. Section 27A inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27A(1) medical certificate substituted 1 June 2004 section 15 Civil Aviation Amendment Act 2004 27B: Power of Director to issue medical certificate 1: After considering an application for a medical certificate, the Director must, as soon as practicable but no later than 30 working days after the date of receiving the report of the medical examiner, issue the medical certificate if he or she is satisfied that the applicant meets the medical standards prescribed in the rules, unless the Director has reasonable grounds to believe that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates. 2: Despite subsection (1), the Director may, relying on flexibility, issue a medical certificate to the applicant. 3: In subsection (2), flexibility a: an accredited medical conclusion indicates that in special circumstances the applicant's failure to meet any medical standard prescribed in the rules is such that the exercise of the privileges to which a medical certificate relates is not likely to jeopardise aviation safety; and b: the relevant ability, skill, and experiences of the applicant and operational conditions have been given due consideration; and c: the medical certificate is endorsed with any conditions, restrictions, or endorsements when the safe performance of the applicant's duties is dependent on compliance with those conditions, restrictions, or endorsements. 4: The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this section. 5: Before issuing a medical certificate, the Director— a: must have regard to the report of the medical examiner and any other information that may be relevant; and b: may require the applicant, at the applicant's expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the Director reasonably considers necessary to assess the applicant. 6: If the Director requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate under this section does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director. 7: The Director must maintain a register of current medical certificates issued under this section. 8: Any decision made under this section by the Director in relation to a medical certificate other than a decision under subsection (5)(b) is subject to section 27L Section 27B inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27C: Changes in medical condition of licence holder 1: Subject to any directions that the Director may issue under section 27G(1)(b) a: must advise the Director of the change as soon as practicable; and b: may not exercise the privileges to which the licence holder's medical certificate relates. 2: Subject to any directions that the Director may issue under section 27G(1)(b) 3: Subject to any directions that the Director may issue under section 27G(1)(b) a: inform the licence holder that the Director will be advised of the condition; and b: advise the Director of the condition. 4: An aviation examiner or medical examiner or a a: doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or b: doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that— i: concern a licence holder; and ii: are relevant to any action the Director may take under this Part. 5: In this section, indemnified act a: advising the Director, whether in writing or otherwise, that a licence holder— i: may not meet the medical standards prescribed in the rules; or ii: may be unable to exercise safely the privileges to which the licence holder's medical certificate relates: b: expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or i: illness or any bodily or mental infirmity, defect, incapacity, or risk of incapacity suffered by the licence holder; or ii: the effect on the licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity: c: stating to the Director, whether in writing or otherwise,— i: the nature of a licence holder's illness, infirmity, defect, incapacity, or risk of incapacity; or ii: the effect on a licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity. Section 27C inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27C(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27C(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27C(5)(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 27D: Medical examination, report, and disclosure 1: Before the Director issues a medical certificate, an applicant must have a medical examination by a medical examiner who must forward his or her report to the Director. 2: The Director may, by written notice, require any applicant to disclose, or authorise the disclosure of, any information relevant to his or her medical condition or history for the purpose of determining whether or not the applicant is eligible for a medical certificate under section 27B Section 27D inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27E: Expiry of medical certificate The Director may, on receiving an application for a medical certificate from a licence holder before the expiry of his or her existing medical certificate, grant an extension of no more than 60 days from the expiry date of the licence holder's existing medical certificate with any additional conditions, restrictions, or endorsements as the Director considers necessary. Section 27E inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27F: Designation of aviation examiners and medical examiners 1: The Director must designate, by issuing an aviation document under section 9 section 27D 2: The Director may designate, by issuing an aviation document under section 9 Section 27F inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27G: General directions and emergency directives 1: The Director may a: conducting examinations of applicants and licence holders, and reporting the results of those examinations to the Director; and b: providing exceptions for temporary medical conditions to the reporting requirements set out in section 27C c: specifying the requirements of examinations or other clinical matters, which must be reasonable, including, but not limited to,— i: the medical content of examinations: ii: the interpretation and analysis of results of examinations: iii: the significance of results of examinations for the purpose of determining whether or not an applicant is eligible for a medical certificate under section 27B 2: Before issuing general directions under subsection (1), the Director must consult with those persons, health professionals with aviation medical experience, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies that he or she considers appropriate. 3: General directions issued in relation to the matters specified in subsection (1)(a) or (c) must be— a: notified in writing to aviation examiners or medical examiners; and b: incorporated in a medical manual issued by the Director. 4: The Director may issue directives in emergency situations without prior consultation. 4A: An emergency directive under subsection (4)— a: takes effect when it is issued, or at any later time specified in it; and b: expires on the day that is 90 days after the date on which it is issued. 5: The Director may reissue, as a general direction 6: The following are secondary legislation ( see Part 3 a: general directions under subsection (1): b: emergency directives under subsection (4). 7: An emergency directive under subsection (4) commences in accordance with subsection (4A)(a), even if it is not yet published. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27G inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27G(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 27H: Investigation of medical condition of licence holder 1: The Director may, by written notice, require any licence holder, at the licence holder's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate, if the Director has reasonable grounds to believe that the licence holder— a: may be unable to exercise safely the privileges to which the medical certificate relates; or b: has obtained his or her medical certificate fraudulently. 2: If the Director has delegated under section 27O section 27B 3: The Director may, by written notice, require any licence holder, at the Authority's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate if— a: the Director— i: is monitoring licence holders on the basis of random selection from the register of current medical certificates that is required to be maintained under section 27B(7) ii: has reasonable grounds to believe that the licence holder's medical certificate was issued in error; or iii: is monitoring aviation examiners or medical examiners for compliance with the requirements of this Act or the rules; and b: the Director has reasonable grounds to believe that any of those tests, examinations, re-examinations, or medical information are necessary to investigate the matters specified in paragraph (a). 4: The Director may, by written notice, require any licence holder to disclose, or authorise the disclosure of, any relevant information for the purpose of determining whether or not the licence holder— a: meets the medical standards prescribed in the rules; or b: is able to exercise safely the privileges to which the medical certificate relates. Section 27H inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27I: Revocation, suspension, amendment, and surrender of medical certificate 1: If the Director has reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the licence holder's medical certificate relates, the Director may, by written notice to the licence holder,— a: suspend any medical certificate issued to the licence holder; or b: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder. 2: If the Director has reasonable grounds to believe that a licence holder is unable to exercise safely the privileges to which the licence holder's medical certificate relates, the Director must, by written notice to the licence holder,— a: suspend any medical certificate issued to the licence holder; or b: revoke any medical certificate issued to the licence holder; or c: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder. 3: If the Director has reasonable grounds to believe that a person who has been delegated authority under section 27O a: may, by written notice to the licence holder,— i: suspend any medical certificate issued to the licence holder; or ii: revoke any medical certificate issued to the licence holder; or iii: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder; and b: may, by written notice to the person with delegated authority, revoke that person's delegated authority. 4: Any notice issued under this section must state the grounds for the Director's decision. 5: A notice of suspension issued under subsection (1)(a) or subsection (2)(a) or subsection (3)(a)(i) remains in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any such suspension expires 10 working days after the date that the suspension is imposed unless, before the expiry of that 10-working-day period, the Director extends the suspension for a further specified period not exceeding 10 working days (the aggregate suspension period may not exceed 20 working days after the date on which the suspension is imposed). 6: Any conditions, restrictions, or endorsements that are imposed or made under subsection (1)(b) or subsection (2)(c) or subsection (3)(a)(iii) remain in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any of those conditions, restrictions, or endorsements expire 10 working days after the date that they are imposed unless, before the expiry of that 10-working-day period, the Director extends the conditions, restrictions, or endorsements for a further specified period not exceeding 10 working days (the aggregate period may not exceed 20 working days after the date on which the conditions, restrictions, or endorsements are imposed). 7: If a notice is issued under subsection (1) or subsection (2) or subsection (3), the Director may, by written notice, take 1 or more of the following actions: a: impose or amend conditions, restrictions, or endorsements for a specified period: b: withdraw any conditions, restrictions, or endorsements: c: disqualify the licence holder from holding the medical certificate for a specified period: d: revoke the medical certificate: e: cancel the suspension. 8: If the Director revokes a medical certificate under subsection (2)(b) or subsection (3)(a)(ii) or subsection (7)(d) or subsection (11) or imposes any conditions, restrictions, or endorsements on a medical certificate under subsection (7)(a) or disqualifies a licence holder under subsection (7)(c), the licence holder has 20 working days from the date of the decision to ask the convener to review the decision under section 27L 9: A person who has had his or her medical certificate revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must surrender the medical certificate to the Director, a person authorised by the Director, or a constable 10: If the Director issues a notice under this section, the Director— a: must also, if practicable, notify any aviation document holder affected by the notice, other than the licence holder, if the Director reasonably considers it necessary for reasons of aviation safety; and b: may notify any other affected aviation document holder. 11: The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a demand under section 27H(1) 12: Any licence holder may return his or her medical certificate to the Director and ask the Director, in writing, to cancel the medical certificate. 13: If a licence holder asks the Director to cancel his or her medical certificate, the Director must— a: cancel the medical certificate; and b: update the register of current medical certificates. Section 27I inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27I(9) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 27J: Appointment of convener and deputy convener 1: The Minister must— a: appoint a convener and a deputy convener for a period of no longer than 3 years; and b: consult with the Director, and other parties as the Minister thinks fit, before making either appointment; and c: take into account any representations made under paragraph (b). 2: The Minister may renew an appointment as convener or deputy convener for 1 or more periods, each of which may not exceed 3 years. 3: If the Minister renews an appointment, he or she must— a: consult with the Director, and other parties as the Minister thinks fit, before making the renewal; and b: take into account any representations made under paragraph (a). 4: The convener and the deputy convener must— a: be b: be able to represent the public interest in aviation safety. 5: If the convener is unavailable for any reason, the deputy convener must discharge the duties of the convener under this section until— a: the convener is available; or b: the Minister has appointed a new convener. Section 27J inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27J(4)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 27K: Cancellation of appointment as convener or deputy convener 1: The Minister may cancel a person's appointment under section 27J(1) 2: Before cancelling an appointment, the Minister must— a: give the person written notice of the matters that constitute grounds for cancellation; and b: give the person a reasonable opportunity to make representations that explain why his or her appointment should not be cancelled; and c: take into account any representations made under paragraph (b). 3: If the Minister cancels an appointment, the Minister must give the person written notice of the cancellation that sets out the grounds for the cancellation. Section 27K inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27L: Review of decisions regarding medical certificates or applications 1: A licence holder or an applicant may, within 20 working days of a decision being made, ask the convener in writing to review the following decisions made by the Director about that person's medical certificate or application: a: any decision made under section 27B section 27B(5)(b) b: any decision made under section 27I i: section 27I(1) ii: section 27I(2)(a) iii: section 27I(2)(c) iv: section 27I(3)(a)(i) v: section 27I(3)(a)(iii) 2: If such a request is made, the convener must, as soon as practicable, review the decision. 3: The convener— a: must draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the decision that is under review; and b: must have regard to the purpose and scheme of the Act and the Director's duties under the Act when carrying out his or her review of the decision; and c: may require the person who asked for the review, at that person's expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the convener considers reasonably necessary to carry out his or her review of the decision; and d: must receive and consider the relevant evidence provided under subsection (6). 4: The convener must, as soon as practicable, report the results of his or her review to the Director in writing. 5: The Director must, within 10 working days of receiving the convener's report, implement the results of the decision contained within the convener's report or, if the Director does not implement the convener's report, notify the licence holder or applicant, in writing, of the Director's reasons for not doing so. 6: The licence holder or applicant or Director may, either directly or through his or her medical experts, participate in the review process by providing relevant evidence to the convener regarding any medical matter at issue with respect to the decision that is under review. 7: The convener may not review a decision made by the Director if the convener— a: acted as an aviation examiner or medical examiner of the person requesting the review with respect to that person's application for a medical certificate; or b: has any other conflict of interest with respect to the person's medical certificate. 8: Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subsection (5). Section 27L inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27M: Referral to convener by agreement 1: An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred to the convener for advice before the Director makes a decision on the application. 2: If an application is referred to the convener under subsection (1),— a: the deadline imposed on the Director under section 27B(1) b: the convener must,— i: as soon as practicable, assess the application; and ii: draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the application; and iii: require the applicant, at the applicant's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the convener considers reasonably necessary to carry out his or her assessment of the application; and iv: have regard to the purpose and scheme of the Act and the Director's duties under the Act when making his or her assessment of the application; and v: as soon as practicable, report the results of his or her assessment to the Director in writing; and vi: receive and consider the relevant evidence provided under subsection (5). 3: The Director must, within 10 working days of receiving the convener's report,— a: consider the convener's report; and b: make his or her decision in writing; and c: provide to the applicant— i: a copy of the convener's report; and ii: a copy of the Director's decision. 4: If an application is referred to the convener under this section, the applicant may not ask the convener to review the Director's eventual decision. 5: The applicant or Director may, either directly or through his or her medical experts, participate in the convener's assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application. 6: The convener may not assess the application if the convener— a: acted as an aviation examiner or medical examiner of the applicant with respect to that person's application for a medical certificate; or b: has any other conflict of interest with respect to the person's medical certificate. Section 27M inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27N: Delegation of Director's powers under this Part to 1: The Director may, either generally or particularly, delegate to any suitably qualified 2: Every delegation under this section must be in writing. 3: 4: Section 23A 5: Any delegation under this section may be made to a suitably qualified Section 27N inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27N heading amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27N(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27N(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 27N(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 27N(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 27O: Delegation of Director's power under this Part to medical examiners who are not employees of Authority 1: The Director may, either generally or particularly, delegate to any suitably qualified medical examiner who is not an employee of the Authority any of the Director's functions and powers under this Part or under the rules relating to medical certification other than the power under this Part to revoke medical certificates. 2: Despite subsection (1), the Director must delegate to suitably qualified medical examiners who are not employees of the Authority the power to issue medical certificates to any person who qualifies for a medical certificate under section 27B(1) section 27Q(3) 3: Every delegation under this section must be in writing. 4: Subject to any general or special directions given or conditions imposed by the Director, any medical examiner to whom any functions or powers are delegated under this section may exercise those functions and powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this Act and not by delegation. 5: Any delegation under this section may be made to a specified medical examiner or a specified class of medical examiner or to the holder or holders of a specified office. 6: Every delegation under this section must be given for a specified period but in any event must be revocable at will. 7: No delegation under this section may— a: affect or prevent the exercise of any function or power by the Director; or b: affect the responsibility of the Director for the actions of any person acting under the delegation. 8: Every delegation under this section continues in force until it is revoked or it expires, whether or not the person who made the delegation ceases to hold office. 9: Every person purporting to act under any delegation under this section may, when reasonably requested to do so, produce evidence of his or her authority to so act. 10: The Director may not delegate under this section any of his or her functions or powers under section 27L section 27M Section 27O inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 27P: Right of appeal to District Court Any person affected by a decision of the Director under section 27B section 27B(5)(b) section 27I(7) section 27L section 27M the District Court section 66 Section 27P inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27P amended 1 March 2017 section 261 District Court Act 2016 27Q: Transitional provisions 1: Part 67 of the rules (as it read immediately before the commencement of this Part) continues to apply to— a: any application for a medical certificate lodged before the commencement of this Part: b: any action begun with respect to a medical certificate before the commencement of this Part. 2: In the absence of rules providing for the issue of aviation documents to aviation examiners or medical examiners,— a: the Minister must , by notice, i: for examinations, training, and experience; and ii: for ongoing training and development; and iii: relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers; and b: the Director must designate, by issuing an aviation document under section 9 section 27D c: the Director may designate, by issuing an aviation document under section 9 3: In the absence of rules under section 30(b)(x) , by notice, a: any requirements for the grant of delegations by the Director under section 27O(2) b: any requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2) 4: The following are secondary legislation ( see Part 3 a: a notice under subsection (2)(a): b: a notice under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under 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 27Q inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27Q(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27Q(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27Q(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 27R: Savings Any medical certificate issued under the rules before the commencement of this Part is deemed to be a medical certificate issued under this Part. Section 27R inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 3: Rules 28: Power of Minister to make ordinary rules 1: The Minister may from time to time make rules (in this Act called ordinary rules) for all or any of the following purposes: a: the implementation of New Zealand's obligations under the Convention: ab: to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: b: the provision of aviation meteorological services, search and rescue services, and civil aviation security programmes and services: c: assisting aviation safety and security, including (but not limited to) personal security: ca: assisting economic development: cb: improving access and mobility: cc: protecting and promoting public health: cd: ensuring environmental sustainability: ce: any matter related or reasonably incidental to any of the following: i: the Minister's objectives under section 14 ii: the Minister's functions under section 14A iii: the Authority's objectives under section 72AA iv: the Authority's functions and duties under section 72B v: the Director's functions and powers under section 72I d: any other matter contemplated by any provision of this Act. 2: Any ordinary rule may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation related service in different circumstances. 3: Any ordinary rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand. 4: The commencement of any ordinary rule may be wholly suspended until it is applied by the Minister by notice ( see 5: An ordinary rule may, on any terms and conditions that are specified in the rule,— a: require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; or b: empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed. 5A: To avoid doubt, the terms and conditions specified in an ordinary rule may provide for— a: consultation to be undertaken before the exercise of any of the powers given to the Authority, the Director, or any other person by the rule; or b: public notice to be given of the exercise of any powers; or c: any other matter. 6: No breach of any ordinary rule shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act. 7: 8: So far as the bylaws of any local authority are inconsistent with or repugnant to any ordinary rule made under this Act in force in the same locality, the bylaws shall be construed subject to the rules. 9: Notwithstanding clause 5 10: The following are secondary legislation ( see Part 3 a: ordinary rules under this section: b: a notice under subsection (4). 11: If, under the Legislation Act 2019 12: An ordinary rule to which subsection (11) applies— a: has effect only in relation to a person on whom it is served under subsection (11); and b: comes into force in relation to that person immediately after it is served on the person (even though it is not published). 13: Service under subsection (11) may be effected in any way the Minister considers appropriate. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if for reasons of security it is inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it in accordance with subsections (11) to (13) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (4). Legislation Act 2019 requirements for secondary legislation made under subsection (4) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 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 Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 28(1)(ab) inserted 30 March 2007 section 16 Civil Aviation Amendment Act 2004 Section 28(1)(c) substituted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)(ca) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)(cb) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)(cc) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)(cd) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)(ce) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(5) substituted 1 August 2010 section 5 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 28(5A) inserted 1 August 2010 section 5 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 28(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(9) amended 7 August 2020 section 135 Public Service Act 2020 Section 28(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 29: Rules relating to safety and security 1: Without limiting the power conferred by section 28 a: b: rules providing for the use of aerodromes and other aviation related facilities, including but not limited to the following: i: the provision of identification procedures for persons, aircraft, and any other aviation related things: ii: the prevention of interference with aerodromes and other aviation related facilities: c: general operating rules, air traffic rules, and flight rules, including but not limited to the following: i: the conditions under which aircraft may be used or operated, or under which any act may be performed in or from an aircraft: ii: the prevention of aircraft endangering persons or property: d: rules providing for the control of things likely to be hazardous to aviation safety, including but not limited to the following: i: the safe carriage of firearms and other dangerous or hazardous goods or substances by air: ii: the construction, use, or operation of anything likely to be hazardous to aviation safety. 2: Ordinary 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: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29(1)(a) repealed 13 August 1996 Civil Aviation Amendment Act 1996 Section 29(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 29A: Rules relating to airspace 1: Without limiting the power conferred by section 28 a: in the interests of safety or security within the civil aviation system; or b: in the interests of national security; or c: for any other reason in the public interest,— the Minister may make ordinary rules providing for the classification, designation, special use, prohibition, and the restriction of airspace and things affecting navigable airspace, including airspace used by aircraft used by the New Zealand Defence Force or a visiting force. 2: Ordinary 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: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) 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 29A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 29A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 29B: Rules for noise abatement purposes 1: Without limiting the power conferred by section 28 2: Ordinary 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: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) 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 29B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 29B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 30: Rules relating to general matters 1: Without limiting the power conferred by section 28 a: the designation, classification, and certification of all or any of the following: i: aircraft: ii: aircraft pilots: iii: flight crew members: iv: air traffic service personnel: v: aviation security service personnel: vi: aircraft maintenance personnel: via: aviation examiners or medical examiners: vii: air services: viii: air traffic services: ix: aerodromes and aerodrome operators: x: navigation installation providers: xi: aviation training organisations: xii: aircraft design, manufacture, and maintenance organisations: xiii: aeronautical procedures: xiv: aviation security services: xv: aviation meteorological services: xvi: aviation communications services: xvii: any other person who provides services in the civil aviation system, and any aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system: b: the setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons or things specified in paragraph (a), including but not limited to the following: i: the specification of the privileges, limitations, and ratings associated with licences or other forms of approval: ii: the setting of standards for training systems and techniques, including recurrent training requirements: iii: the setting of medical standards for personnel: iv: the requirement for proof of access to appropriate weather services: v: the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products: vi: the requirements for notification of insurance coverage for air services vii: the format of aviation documents, forms, and applications, including the specification of information required on all application forms for aviation documents: viii: the provision of information to the Authority or the Director ix: the requirements relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers: x: the requirements for the grant of delegations by the Director under section 27O(2) xi: the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2) xii: the requirements and criteria for determining medical experts acceptable to the Director for the purposes of reaching an accredited medical conclusion: c: the conditions of operation of foreign aircraft and international flights to, from, or within New Zealand: ca: to provide for the privileges of an air operator certificate to include conducting air operations in Australia: d: the definitions, abbreviations, and units of measurement to apply within the civil aviation system: e: prescribing the design and colours of the New Zealand Civil Air Ensign, and where and by whom it may be flown. 2: Ordinary rules under this section are secondary legislation ( see Part 3 1964 No 68 s 29(4), (5) 1970 No 52 s 2(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 30(1)(a)(via) inserted 1 April 2002 section 7(1) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)(b)(vi) amended 10 August 1992 section 19 Civil Aviation Amendment Act 1992 Section 30(1)(b)(viii) amended 10 August 1992 section 40(3) Civil Aviation Amendment Act 1992 Section 30(1)(b)(ix) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)(b)(x) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)(b)(xi) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)(b)(xii) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)(ca) inserted 30 March 2007 section 17 Civil Aviation Amendment Act 2004 Section 30(1)(e) added 13 August 1996 Civil Aviation Amendment Act 1996 Section 30(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 31: Power of Director to make emergency rules 1: Subject to subsection (2), the Director may from time to time, in accordance with section 35 2: The Director shall not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned. 3: The Minister may revoke any emergency rule made under subsection (1) 4: The following are secondary legislation ( see Part 3 a: emergency rules under subsection (1): b: a revocation under subsection (3). 5: If, under the Legislation Act 2019 6: If subsection (5) applies to an emergency rule or revocation,— a: the Director may serve a copy of it on the persons (if any) who the Director considers appropriate; and b: it comes into force in relation to that person immediately after it is served on the person (even though it is not published). 7: Service under subsection (5) may be effected in any way the Director considers appropriate. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if for reasons of safety or security it is impracticable or inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it accordance with subsections (5) to (7) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 32: Procedures relating to rules 1: Every ordinary rule shall— a: be signed by the Minister; and b: contain a statement specifying the objective of the rule and the extent of any consultation under section 34 c: set out fully the requirements of the rule, except where certain information is, under section 36 2: Every emergency rule shall— a: be signed by the Director; and b: contain a statement specifying the objective of the rule and the extent of the consultation under section 35 c: set out fully the requirements of the rule, except where certain information is, under section 36 Section 32(1)(c) substituted 1 June 2004 section 18(1) Civil Aviation Amendment Act 2004 Section 32(2)(c) substituted 1 June 2004 section 18(2) Civil Aviation Amendment Act 2004 33: Matters to be taken into account in making rules 1: The ordinary rules made by the Minister and the emergency rules made by the Director shall not be inconsistent with the following: a: the standards of ICAO relating to aviation safety and security, to the extent adopted by New Zealand: b: New Zealand's international obligations relating to aviation safety and security. 2: In making, or recommending the making of, a rule a: the recommended practices of ICAO relating to aviation safety and security, to the extent adopted by New Zealand: b: the level of risk existing to aviation safety in each proposed activity or service: c: the nature of the particular activity or service for which the rule is being established: d: the level of risk existing to aviation safety and security in New Zealand in general: e: the need to maintain and improve aviation safety and security, including (but not limited to) personal security: f: whether the proposed rule— i: assists economic development: ii: improves access and mobility: iii: protects and promotes public health: iv: ensures environmental sustainability: fa: the costs of implementing measures for which the rule is being proposed: g: the international circumstances in respect of— i: aviation safety and security; and ii: mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: h: such other matters as the Minister or the Director considers appropriate in the circumstances. Section 33(2) amended 1 August 2010 section 6 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 33(2)(e) substituted 1 December 2004 section 6 Civil Aviation Amendment Act (No 2) 2004 Section 33(2)(f) substituted 1 December 2004 section 6 Civil Aviation Amendment Act (No 2) 2004 Section 33(2)(fa) inserted 1 December 2004 section 6 Civil Aviation Amendment Act (No 2) 2004 Section 33(2)(g) substituted 30 March 2007 section 19 Civil Aviation Amendment Act 2004 34: Procedure for making ordinary rules 1: Before making any ordinary rule, the Minister must, as the Minister in each case considers appropriate,— a: publish a notice of his or her intention to make the rule; and b: consult— i: the persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies; and ii: the Environmental Protection Authority, established by section 7 section 2(1) 2: 3: 4: Section 34(1) substituted 1 August 2010 section 7(1) Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 34(1)(b)(ii) substituted 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 34(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34(4) repealed 1 August 2010 section 7(3) Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 34A: Governor-General may make ordinary rules 1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part. 2: The Minister must have regard to the criteria specified in section 33(2) 3: Sections 32(1)(a) 34(1) 4: 5: The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part. 6: An order under this section— a: is secondary legislation ( see Part 3 b: is not to be drafted by the PCO under section 67(d)(i) 7: If, under the Legislation Act 2019 8: An order to which subsection (7) applies— a: has effect only in relation to a person on whom it is served under subsection (7); and b: comes into force in relation to that person immediately after it is served on the person (even though it is not published). 9: Service under subsection (7) may be effected in any way the Minister considers appropriate. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price However, that requirement does not apply if for reasons of security it is inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it in accordance with subsections (7) to (9) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34A inserted 1 August 2010 section 8 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 34A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 35: Procedure for making emergency rules 1: Before making an emergency rule, the Director shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Director in each case considers appropriate. 2: 3: 4: 5: An emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director 30 5A: The Minister may, at any time while an emergency rule is in force in accordance with subsection (5), by notice 5B: Before renewing an emergency rule under subsection (5A), the Minister shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister thinks appropriate. 6: So far as any emergency rule is inconsistent or repugnant to any ordinary rule made under this Act, the emergency rule shall prevail. 7: A notice under subsection (5A) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation 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 35(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(5) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 35(5) amended 20 August 1993 section 5 Civil Aviation Amendment Act 1993 Section 35(5A) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 35(5A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(5B) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 35(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 36: Incorporation by reference 1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director: a: any standards, requirements, or recommended practices of international aviation organisations: b: any standards, requirements, or rules— i: prescribed under law by any other contracting State of ICAO: ii: of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council: iii: of any aviation sport or aviation recreation organisation: c: any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule. 2: Material may be incorporated by reference in a rule— a: in whole or in part; and b: with modifications, additions, or variations specified in the rule. 3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be— a: certified as a correct copy of the material by the Minister or the Director (as the case may be); and b: retained by the Director. 4: Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule. 5: The Director must give notice in the Gazette a: that the material is incorporated in the rule and the date on which the rule was made; and b: that the material is available for inspection during working hours, free of charge; and c: the place where the material can be inspected; and d: that copies of the material can be purchased; and e: the place where the material can be purchased; and f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. 6: All material incorporated by reference under subsection (1) or (2) must be made available at the Civil Aviation Registry for inspection by the public free of charge. 7: Part 3 8: Nothing in section 114 9: Subsections (1) to (8) do not affect the application of sections 29 to 32 Section 36 substituted 1 August 2010 section 9 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 36(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 36(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 36(9) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 37: Exemption power of Director 1: The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any rule made under section 28 29A 29B 30 2: Before granting an exemption under subsection (1), the Director shall be satisfied in the circumstances of each case that— a: the requirement has been substantially complied with and that further compliance is unnecessary; or b: the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or c: the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or d: events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,— and that the risk to safety will not be significantly increased by the granting of the exemption. 3: The number and nature of exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette 4: Nothing in this section shall apply in any case where any rule specifically provides that no exemptions are to be granted. Section 37(1) amended 1 August 2010 section 10 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 4: Fees and charges 38: Fees and charges 1: Without limiting the power to make regulations conferred by section 100 a: to provide funds for the establishment, maintenance, and operation of works, facilities, and services under this Act: b: to defray the costs and expenses incurred by the Ministry or the Authority or any of their ba: to reimburse the Authority and the convener for costs directly associated with the Director's functions and the convener's functions under Part 2A c: generally for the purposes of civil aviation. 2: Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis. 3: Any such regulations may— a: specify the persons by whom and to whom any fees or charges are payable: b: prescribe penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays: c: prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses: d: require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns: e: provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases. 4: Fees and charges in respect of the use of any airport operated or managed by an airport authority shall not be prescribed, except on the advice of the Minister given after consultation with that airport authority. 4A: The power to prescribe, or provide for the fixing of, fees and charges in respect of any matter under this Act includes the power to prescribe, or provide for the fixing of, fees or charges, or both, in respect of any matter. 4B: Nothing in this section or in section 100 Airports (Cost Recovery for Processing of International Travellers) Act 2014 5: For the purposes of this section, the expressions airport airport authority Airport Authorities Act 1966 6: Regulations under this section are secondary legislation ( see Part 3 1964 No 68 ss 13, 13A 1986 No 128 s 8(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 38(1)(b) amended 10 August 1992 section 20(1) Civil Aviation Amendment Act 1992 Section 38(1)(ba) inserted 1 April 2002 section 8 Civil Aviation (Medical Certification) Amendment Act 2001 Section 38(4A) inserted 10 August 1992 section 20(2) Civil Aviation Amendment Act 1992 Section 38(4B) inserted 15 February 2014 section 21(1) Airports (Cost Recovery for Processing of International Travellers) Act 2014 Section 38(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 39: Rebates 1: The person or authority to whom any fees or charges are payable under regulations made under this Act may grant a rebate of such fees or charges to any person who is liable to pay them. 2: Every rebate of fees or charges granted under subsection (1) shall— a: be based on the quantity of services used by the person liable to pay the fees or charges; and b: be offered on an equal percentage basis to any other person using a similar quantity of such services; and c: be granted in accordance with regulations made under this Act. 40: Payment of fees and charges 1: Except as otherwise provided in regulations made under this Act, every application under this Act shall be accompanied by payment of all relevant prescribed fees and charges. 2: Any regulations made under this Act may— a: prescribe a date by which any such fee or charge is payable or authorise the Authority b: provide for a discount for early payment of any such fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge. Section 40(1) substituted 10 August 1992 section 21(1) Civil Aviation Amendment Act 1992 Section 40(2)(a) amended 10 August 1992 section 21(2) Civil Aviation Amendment Act 1992 41: Suspension or revocation of aviation document where prescribed fees or charges unpaid 1: Where any fee or charge payable under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the aviation document to which the unpaid fee or charge relates. 2: Where any fee or charge payable under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the aviation document to which the fee or charge relates. 3: Before suspending an aviation document under subsection (1), or revoking an aviation document under subsection (2), the Director shall notify the holder of that document of— a: the Director's intention to suspend or revoke the document; and b: the right of appeal available to the holder of that document in the event of the document being suspended or revoked. 4: Where a fee or a charge is payable in respect of an application under this Act or the provision of a service under this Act, the Authority or the Director or other person asked to process the application or provide the service, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made. 5: The holder of an aviation document that is suspended under subsection (1) or revoked under subsection (2) may appeal against that decision to the District Court section 66 Section 41 substituted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Section 41(5) amended 1 March 2017 section 261 District Court Act 2016 42: Recovery of fees and charges for aviation related services 1: Subject to subsection (2), where a fee or charge is payable under this Act in respect of any function, power, duty, or service carried out or provided by the Authority or the Director in respect of any aircraft, the person whose name appears on the New Zealand Register of Aircraft in respect of that aircraft shall be deemed to be liable to pay that fee or charge. 2: Any person who would otherwise be liable to pay a fee or charge in relation to any aircraft in terms of subsection (1) shall not be so liable if that person— a: proves that during any relevant period of use of the aircraft that person was not entitled, whether alone or together with some other person, to possession of the aircraft or that another person was unlawfully in possession of it; and b: has taken all reasonable steps to supply the Authority with such information as would identify the actual user. Section 42 substituted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Levies Heading inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 42A: Governor-General may impose levies 1: Subject to subsection (3), for the purpose of enabling the Authority to carry out its functions under this Act and any other Act, the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council impose on all or any of the persons referred to in subsection (2) a levy payable to the Authority, and may in the same manner vary any such order. 2: A levy may be imposed under subsection (1) on— a: the holders of aviation documents of any class or classes specified in the order: b: persons who, but for an exemption granted under this Act, would be required by this Act to hold an aviation document of the class or classes specified in the order. 3: The Minister shall not make any recommendation under subsection (1) unless— a: the recommendation has been made at the request and with the concurrence of the Authority; and b: he or she is satisfied that the Authority's income from other sources is not or will not be sufficient to enable it to perform its functions under this Act without the imposition of a levy at the rate recommended; and c: he or she is satisfied that the Authority has consulted with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate. 4: An order under this section— a: is secondary legislation ( see Part 3 b: must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42A inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Section 42A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 42B: Basis on which levies may be imposed 1: Different rates of levies may be imposed or varied under section 42A 2: The rate of any levy imposed or varied under section 42A a: the quantity of aviation fuel purchased by any person: b: the number of passengers able to be carried on any aircraft: c: the number of passengers actually carried on any aircraft: d: the amount of freight able to be carried on any aircraft: e: the amount of freight actually carried on any aircraft: f: the distance flown by any aircraft: g: aircraft size or capacity: h: the purpose for which any aircraft or aeronautical product is used or for which an aviation related service is supplied: i: any other basis whatever that relates to the use, capacity, or size of— i: any aircraft; or ii: any aeronautical product; or iii: any aviation related service; or iv: any privileges exercisable under any aviation document. Section 42B inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 42C: Effect if levy order not confirmed 1: 2: 3: If an Order in Council made under section 42A subpart 3 a: every levy imposed or increased or decreased by the order shall thereupon cease to be payable: b: the revocation c: where a payment of a levy under the order has been made in error or in excess of the amount payable, then, except so far as any other provision is made by any other Act in respect thereof, the person in respect of whom the payment was made shall, upon application made to the Authority, be entitled to a refund of the amount paid in error or in excess of the amount payable. 4: Every application under subsection (3)(c) shall be in a form provided for the purpose by the Authority and shall contain such information as the Authority considers necessary to enable the refund to be made in accordance with this section. 5: Section 42C inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Section 42C heading replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(1) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(3)(b) amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 42C(5) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 42D: Other provisions relating to levies 1: Every levy imposed under section 42A 2: An Order in Council made under section 42A a: specify the persons by whom any levy is payable and the place at which it is payable: b: prescribe a date by which any levy is payable or authorise the Authority to fix the date by which the levy is payable: c: require returns to be made by persons by whom any levy is payable, and prescribe conditions relating to the making of such returns. 3: Every levy imposed under section 42A section 41 4: Every such levy order is hereby declared to be a specific authorisation by an enactment for the purposes of section 43 Section 42D inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 5: Offences and penalties Safety offences 43: Endangerment caused by holder of aviation document 1: Every holder of an aviation document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission, if the act or omission causes unnecessary danger to any other person or to any property. 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or b: in the case of a body corporate 3: The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(2)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 43A: Operating aircraft in careless manner 1: Every person commits an offence who operates any aircraft in a careless manner. 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $7,000; or b: in the case of a body corporate, to a fine not exceeding $35,000. 3: The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 43A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 44: Dangerous activity involving aircraft, aeronautical product, or aviation related service 1: Every person commits an offence who— a: operates, maintains, or services; or b: does any other act in respect of— any aircraft, aeronautical product, or aviation related service, in a manner which causes unnecessary danger to any other person or to any property. 2: Every person commits an offence who— a: causes or permits any aircraft, aeronautical product, or aviation related service to be operated, maintained, or serviced; or b: causes or permits any other act to be done in respect of any aircraft, aeronautical product, or aviation related service,— in a manner which causes unnecessary danger to any other person or to any property. 3: Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or b: in the case of a body corporate 4: The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 44(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 44(3)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 44A: Failure to comply with inspection or monitoring 1: Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 15 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or b: in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued. Section 44A inserted 10 August 1992 section 23 Civil Aviation Amendment Act 1992 Section 44A heading amended 1 June 2002 section 11 Civil Aviation Amendment Act 2002 Section 44A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 45: Court may disqualify holder of aviation document or impose conditions on holding of document 1: In addition to any penalty the court may impose under section 43 or section 43A section 44 or section 44A a: disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document; or b: impose on any aviation document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit— for such period not exceeding 12 months as the court thinks fit. 2: Nothing in subsection (1) shall affect or prevent the exercise by the Director section 9 Section 45(1) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 45(1) amended 10 August 1992 section 24 Civil Aviation Amendment Act 1992 Section 45(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 46: Acting without necessary aviation document 1: Every person commits an offence who— a: operates, maintains, or services; or b: does any other act in respect of— any aircraft, aeronautical product, or aviation related service, either without holding the appropriate current aviation document or knowing that a current aviation document is required to be held in respect of that aircraft, product, or service before that act may lawfully be done and knowing that the appropriate aviation document is not held. 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or b: in the case of a body corporate Section 46(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 46(2)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 46A: Acting without required medical certificate 1: Every person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if that person— a: does not hold an appropriate current medical certificate issued under Part 2A b: knows or has reasonable grounds to suspect that he or she can no longer exercise safely the privileges to which his or her medical certificate relates; or c: fails to comply with any conditions, restrictions, or endorsements specified by the Director under section 27B(4) 2: Every person who commits an offence under subsection (1) is liable on conviction Section 46A inserted 1 April 2002 section 9 Civil Aviation (Medical Certification) Amendment Act 2001 Section 46A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 46B: Fraudulent, misleading, or intentionally false statements to obtain medical certificate 1: Every person commits an offence who makes or causes to be made— a: any fraudulent, misleading, or intentionally false statement for the purpose of obtaining a medical certificate under Part 2A b: any fraudulent, misleading, or intentionally false entry in any logbook, record, form, or report that is required to be kept, made, or used to show compliance with any conditions, restrictions, or endorsements placed on any medical certificate under Part 2A c: any reproduction or alteration for fraudulent purposes of any medical certificate issued under Part 2A d: any fraudulent, misleading, or intentionally false statement during an investigation under section 27H section 27L section 27M 2: Every person who commits an offence under subsection (1) is liable on conviction Section 46B inserted 1 April 2002 section 9 Civil Aviation (Medical Certification) Amendment Act 2001 Section 46B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 46C: Failure to disclose information required by Director 1: Every person commits an offence who fails to disclose, without reasonable excuse, information required by the Director under section 27C(1) section 27H 2: Every person who commits an offence under subsection (1) is liable on conviction Section 46C inserted 1 April 2002 section 9 Civil Aviation (Medical Certification) Amendment Act 2001 Section 46C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 46D: Failure to provide information to Director relating to Australian AOCs with ANZA privileges 1: Every person commits an offence who conducts an air operation in New Zealand while in breach of section 11B(1) or (2) 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $5,000; or b: in the case of a body corporate, to a fine not exceeding $25,000. Section 46D inserted 30 March 2007 section 20 Civil Aviation Amendment Act 2004 Section 46D(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 46E: Failure to cease conducting air operations in New Zealand 1: Every person commits an offence who fails to comply with section 11C(3) 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $10,000; or b: in the case of a body corporate, to a fine not exceeding $100,000. Section 46E inserted 30 March 2007 section 20 Civil Aviation Amendment Act 2004 Section 46E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 47: Additional penalty for offences involving commercial gain 1: In addition to any penalty the court may impose under section 43 section 44 or section 44A section 46 2: For the purpose of subsection (1), the value of any gain shall be assessed by the court, and shall be recoverable in the same manner as a fine. Section 47(1) amended 10 August 1992 section 25 Civil Aviation Amendment Act 1992 General offences 48: Applying for aviation document while disqualified 1: Every person commits an offence who applies for or obtains an aviation document while disqualified by an order of the court from obtaining such a document and any such document so obtained shall be of no effect. 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000; or b: in the case of a body corporate and the court may order the person to be disqualified from holding or obtaining an aviation document for such period not exceeding 12 months as the court thinks fit. Section 48(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 48(2)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 49: Communicating false information or failing to disclose information relevant to granting or holding of aviation document 1: Every person commits an offence who,— a: by any means, provides to the Authority or the Director information relevant to the Authority's or the Director's exercise of powers under this Act, or under regulations or rules made under this Act, knowing the information to be false; or b: being an applicant for an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the Authority's or the Director's exercise of powers under this Act, or under regulations or rules made under this Act; or c: being the holder of an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the condition specified in section 9(3) 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000 b: in the case of a body corporate $50,000 Section 49(1) substituted 10 August 1992 section 26 Civil Aviation Amendment Act 1992 Section 49(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49(2)(a) amended 1 June 2004 section 21(a) Civil Aviation Amendment Act 2004 Section 49(2)(b) amended 1 June 2004 section 21(b) Civil Aviation Amendment Act 2004 Section 49(2)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 49A: Carrying on scheduled international air service without licence or contrary to licence 1: Every person commits an offence who— a: carries on a scheduled international air service in New Zealand without a licence granted under Part 8A b: being the holder of a licence granted under Part 8A 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $10,000 b: in the case of a body corporate, to a fine not exceeding $50,000 Section 49A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 49A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49A(2)(a) amended 1 June 2004 section 22(a) Civil Aviation Amendment Act 2004 Section 49A(2)(b) amended 1 June 2004 section 22(b) Civil Aviation Amendment Act 2004 49B: Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence 1: Every person commits an offence who— a: operates a non-scheduled international flight to which section 87ZE b: being the holder of an open aviation market licence, carries on a non-scheduled international flight in a manner contrary to the terms and conditions of the licence. 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $6,000 b: in the case of a body corporate, to a fine not exceeding $30,000 Section 49B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 49B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49B(2)(a) amended 1 June 2004 section 23(a) Civil Aviation Amendment Act 2004 Section 49B(2)(b) amended 1 June 2004 section 23(b) Civil Aviation Amendment Act 2004 50: Obstruction of persons duly authorised by Director 1: Every person commits an offence who obstructs or impedes any person who is duly authorised by the Director on conviction a: in the case of an individual, to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000; or b: in the case of a body corporate 2: Subsection (1) shall apply only where the person obstructed or impeded is in uniform or produces evidence of his or her authority. Section 50 heading amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 50(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 50(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 50(1)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 50A: Failure or refusal to produce or surrender documents 1: Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a requirement made in accordance with section 24(3) 2: Every person who commits an offence against subsection (1) is liable on conviction Section 50A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 50A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 51: Trespass Every person commits an offence and is liable on conviction Director constable Section 51 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 51 amended 1 October 2008 section 116(a)(iii) Policing Act 2008 Section 51 amended 20 August 1993 section 17 Civil Aviation Amendment Act 1993 52: Failure to maintain accurate records 1: Every person commits an offence who contravenes any provision of this Act or any rule made under this Act that requires that person— a: to make accurate entries in a record; or b: to maintain an accurate record; or c: to produce to the Authority or the Director 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $5,000; or b: in the case of a body corporate Section 52(1)(c) amended 10 August 1992 section 40(3) Civil Aviation Amendment Act 1992 Section 52(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52(2)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 52A: Failure to notify emergency breach of Act or regulations or rules Every pilot-in-command commits an offence and is liable on conviction section 13A(6) Section 52A inserted 10 August 1992 section 27 Civil Aviation Amendment Act 1992 Section 52A amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52A amended 1 June 2002 section 12 Civil Aviation Amendment Act 2002 52B: Failure to notify accident or incident 1: Every pilot-in-command or operator commits an offence who, without reasonable excuse, fails to comply with subsection (1) or subsection (1A) or subsection (2) of section 26 2: Every pilot-in-command or operator who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or b: in the case of a body corporate, to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued. Section 52B inserted 10 August 1992 section 27 Civil Aviation Amendment Act 1992 Section 52B(2) substituted 1 June 2004 section 24 Civil Aviation Amendment Act 2004 Section 52B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 52C: Failure to provide identifying information 1: Every operator of an aircraft or holder of a certificate of registration commits an offence who, without reasonable excuse, fails to comply with section 26A(1) 2: Every operator or holder of a certificate of registration who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to a fine not exceeding $10,000 b: in the case of a body corporate, to a fine not exceeding $50,000 Section 52C inserted 1 June 2002 section 13 Civil Aviation Amendment Act 2002 Section 52C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52C(2)(a) amended 1 June 2004 section 25(a) Civil Aviation Amendment Act 2004 Section 52C(2)(b) amended 1 June 2004 section 25(b) Civil Aviation Amendment Act 2004 53: Contravention of emergency rule, prohibition, or condition Every person who, without reasonable excuse, acts in contravention of or fails to comply with any emergency rule made under section 31 section 21 on conviction a: in the case of an individual, to a fine not exceeding $5,000; or b: in the case of a body corporate Section 53 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 53A: Flight over foreign country without authority or for improper purpose 1: This section applies to— a: any aircraft that is registered or required to be registered in New Zealand under this Act: b: any other aircraft operated by a person who is normally resident in 2: Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over a foreign country or territory, knowingly allows that aircraft to be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory. 3: In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, the foreign country or territory, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the aircraft was being so used. 4: Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, knowingly fails to comply with any direction that is given in respect of the aircraft by the appropriate aeronautical authority of that country or territory where— a: the flight is not duly authorised; or b: there are reasonable grounds for the appropriate aeronautical authority to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory,— unless the lives of persons on board the aircraft or the safety of the aircraft would be endangered by complying with the direction. 5: In any prosecution for an offence against subsection (4), where it is proved by the prosecution that the defendant failed to comply with a direction that was given in respect of that aircraft by the appropriate aeronautical authority, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the direction had been given. 6: The requirement in subsection (4) is without prejudice to any other requirement to comply with directions given by an aeronautical authority. 7: For the purposes of this section, appropriate aeronautical authority 8: Every person who commits an offence against subsection (2) or subsection (4) is liable on conviction,— a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or b: in the case of a body corporate, to a fine not exceeding $100,000. Section 53A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 53A(1)(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Security offences 54: Security area and security enhanced area 1: Every person commits an offence who, on being found in a security area or security enhanced area a: refuses to state his or her name, address, and authority to enter the security area or security enhanced area i: having been informed that he or she is in a security area or security enhanced area ii: having been requested by an aviation security officer to state those particulars; or b: refuses forthwith to leave the security area or security enhanced area 2: Every person who commits an offence under subsection (1) in relation to a— a: security area is liable on conviction b: security enhanced area is liable on conviction 1964 No 68 s 21E(3), (6) 1976 No 153 s 4 Section 54 heading amended 18 January 2008 section 7(1) Civil Aviation Amendment Act 2007 Section 54(1) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(1)(a) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(1)(a)(i) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(1)(b) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(2) substituted 18 January 2008 section 7(3) Civil Aviation Amendment Act 2007 Section 54(2)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(2)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 55: Personation or obstruction of aviation security officer 1: Every person commits an offence who, not being an aviation security officer,— a: by words, conduct, demeanor, or the assumption of the dress, name, designation, or description of an aviation security officer, holds himself or herself out as being an aviation security officer; or b: wilfully obstructs, or incites or encourages any person to obstruct an aviation security officer in the execution of his or her duty. 2: Every person who commits an offence against subsection (1) is liable on conviction 1964 No 68 s 21I 1976 No 153 s 4 Section 55(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 56: Communicating false information affecting safety 1: Every person commits an offence who by any means provides to another person information relating to the safety of an aircraft, aerodrome, aeronautical product, aviation related service, or any other facility or product used in or connected with aviation, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false. 2: Every person who commits an offence against subsection (1) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or b: in the case of a body corporate 3: Where the commission of an offence against subsection (1) causes financial loss to any person and where the court imposes a fine under subsection (2) in respect of that offence, the court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person. Section 56(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(2)(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 56A: Security check offences 1: Every person commits an offence who, in relation to a security check of that person,— a: provides information that the person knows is false or misleading in a material particular; or b: fails to disclose, without reasonable excuse, information that the person knows to be materially relevant. 2: Every person who commits an offence under subsection (1) is liable on conviction Section 56A inserted 26 September 2007 section 8 Civil Aviation Amendment Act 2007 Section 56A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences 57: Infringement offences 1: In this Act infringement offence or an offence against a provision specified in section 65Q(2) 2: Subject to section 65P a: be proceeded against by filing a charging document under section 14 b: be served with an infringement notice as provided in section 58 Section 57(1) amended 1 June 2004 section 26(1) Civil Aviation Amendment Act 2004 Section 57(2) amended 1 June 2004 section 26(2) Civil Aviation Amendment Act 2004 Section 57(2)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 58: Infringement notices 1: Where the Director Director Director 2: An infringement notice may be served— a: by delivering it personally to the person who appears to have committed the infringement offence; or b: by sending it by post addressed to him or her at his or her last known place of residence or business; or c: where the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8 3: An 4: Every infringement notice shall be in the prescribed form and shall contain the following particulars: a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence: b: the amount of the infringement fee for that offence: c: the address at which the infringement fee may be paid: d: the time within which the infringement fee shall be paid: e: a summary of the provisions of section 21(10) f: a statement of the right of the person served with the notice to request a hearing: g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing: h: such other particulars as are prescribed in regulations made under this Act. 5: Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences. 6: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 58(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 58(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Disqualification 59: Effect of disqualification 1: Where the holder of an aviation document is disqualified by an order of a court from holding or obtaining an aviation document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect. 2: If the holder of an aviation document is disqualified from holding or obtaining a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director 1964 No 68 s 24A 1975 No 34 s 6 Section 59(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 60: Commencement of period of disqualification Where an order is made disqualifying any person from holding or obtaining an aviation document, the period of disqualification shall commence on the date of the making of the order unless the court making the order directs that the period of disqualification shall commence on a later date. 1964 No 68 s 24C 1975 No 34 s 6 61: Retention and custody of document 1: Where by an order of a court the holder of an aviation document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to— a: the court where the order was made; or b: to the Authority. 2: Where an aviation document is so surrendered, it shall forthwith be forwarded to the Director 3: If the person entitled to the document is a person to whom section 59(2) 1964 No 68 s 24D 1975 No 34 s 6 Section 61(1)(b) substituted 10 August 1992 section 28 Civil Aviation Amendment Act 1992 Section 61(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 62: Removal of disqualification 1: Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining an aviation document may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification. 2: On an application under this section the court may, having regard to the character of the applicant and the applicant's conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application. 3: Where the disqualification was ordered by the District Court 4: Notice of every application under this section shall be served on the Director 1964 No 68 s 24E 1975 No 34 s 6 Section 62(3) amended 1 March 2017 section 261 District Court Act 2016 Section 62(4) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 63: Particulars of disqualification orders, etc, to be sent to Director Where a court makes an order disqualifying a person from holding or obtaining an aviation document or imposes restrictions or conditions (or both) on any aviation document held by or issued to any person or makes an order under section 62 Director 1964 No 68 s 24F 1975 No 34 s 6 Section 63 amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 63 amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 64: Appeals against disqualification 1: For the purposes of Part 6 Criminal Procedure Act 2011 the District Court 2: Any person who is disqualified by an order of the District Court Part 6 3: Any person who is disqualified by an order of the High Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal to the Court of Appeal against the refusal in accordance with Part 6 4: Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal. 5: Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director 6: In determining the expiration of the period for which a person is disqualified from holding or obtaining an aviation document, any time during which the operation of the disqualification order is deferred under this section shall be disregarded. 1964 No 68 s 24G 1975 No 34 s 6 Section 64(1) amended 1 March 2017 section 261 District Court Act 2016 Section 64(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(2) amended 1 March 2017 section 261 District Court Act 2016 Section 64(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(5) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Charging documents and burden of proof Heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011 65: Time for filing charging document Despite anything to the contrary in section 25 Section 65 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 65AA: Burden of proof of reasonable excuse In proceedings for an offence against any of sections 44A(1) 46C(1) 49(1)(b) and (c) 50A(1) 51 52A 52B(1) 52C(1) 53 56A(1)(b) 65P(6) 77I(1) 96B(1) and (2) 99C(1)(a) and (b) a: the prosecutor need not assert absence of reasonable excuse in the charging document; and b: the burden of proving that the defendant had a reasonable excuse lies on the defendant. Section 65AA inserted 1 July 2013 section 413 Criminal Procedure Act 2011 5A: Unruly passenger offences Part 5A inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Preliminary provisions Heading inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 65A: Application of this Part 1: This Part applies to any unruly passenger offence committed— a: on an aircraft in New Zealand, regardless of the nationality of the aircraft: b: outside New Zealand on an aircraft in flight, regardless of the nationality of the aircraft, if the next landing of the aircraft is New Zealand. 2: For the purposes of this Part, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation. 3: Despite subsection (2), in the case of a forced landing an aircraft is in flight until the time when the competent authorities of the country in which the forced landing takes place, or, in the case of a forced landing in a place that is not within the territorial limits of any country, the competent authorities of any country, assume responsibility for the aircraft and for persons and property on board the aircraft. 4: A person authorised by the Director to exercise a power or function under this Part must carry a warrant of authority issued by the Director that specifies— a: the name of, and the office or offices held by, that person; and b: the powers and functions that the person is authorised to exercise under this Part. 5: A constable 6: For the purposes of this Part, person authorised by the Director Section 65A inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65A(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 65B: Liability for offences against this Part despite extraterritoriality Any person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this Part if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand. Section 65B inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 65C: Liability for offences under Summary Offences Act 1981 despite extraterritoriality 1: Any person who commits an act or omission on an aircraft in flight outside New Zealand that would, if it occurred in New Zealand, be an offence against sections 3 7 9 11 27 2: To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 7 27 Section 65C inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 65D: Foreign aircraft outside New Zealand 1: An infringement notice may be issued, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if— a: the pilot-in-command— i: makes a request in the prescribed form to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and ii: provides an undertaking in the prescribed form that he or she (or the operator of the aircraft) has not made or will not make a similar request to the authorities of any other State; and b: in the case of proceedings, the Attorney-General consents. 2: To avoid doubt, a person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether or not to consent to proceedings. 3: Despite subsection (1)(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside of New Zealand may be commenced without the Attorney-General's consent if— a: a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1) b: the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates. 4: In any proceedings for an offence under this Part, the pilot-in-command's request and undertaking, if made in the prescribed form or forms, are— a: admissible in evidence; and b: in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms. Section 65D inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65D(3)(a) substituted 1 March 2007 section 32(1) Summary Proceedings Amendment Act 2006 65E: Proceedings for offences 1: 2: 3: Despite anything to the contrary in section 25 sections 65F 65G(1)(d) 4: Subject to section 65C Section 65E inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65E(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65E(2) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65E(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Unruly passenger offences Heading inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 65F: Strict liability for acts endangering safety 1: A person commits an offence who acts in a manner that endangers an aircraft or any person in an aircraft. 2: Every person who commits an offence against subsection (1) is liable on conviction Section 65F inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65F(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65G: Disruptive conduct towards crew member 1: Every person commits an offence who, while in an aircraft,— a: uses any threatening, offensive, or insulting words towards a crew member; or b: behaves in a threatening, offensive, insulting, or disorderly manner towards a crew member; or c: behaves in a manner that interferes with the performance by a crew member of his or her duties; or d: intentionally interferes with the performance by a crew member of his or her duties. 2: Every person who commits an offence against subsection (1)(a) or (b) or (c) is liable on conviction 3: Every person who commits an offence against subsection (1)(d) is liable on conviction 4: It is a defence in a prosecution under subsection (1)(a) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard by a crew member. Section 65G inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65G(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65G(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65H: Interference with aircraft 1: Every person commits an offence who tampers or interferes with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors. 2: Every person who commits an offence against subsection (1) is liable on conviction Section 65H inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65H(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65I: Intoxicated persons on aircraft 1: Every person (except a person under medical care) commits an offence who— a: is intoxicated and boards an aircraft; or b: becomes intoxicated on an aircraft. 1A: In proceedings for an offence against subsection (1),— a: the prosecutor need not assert, in the charging document, that the defendant was not a person under medical care; and b: the burden of proving that the defendant was under medical care lies on the defendant. 2: Every person who commits an offence against— a: subsection (1)(a) is liable on conviction b: subsection (1)(b) is liable on conviction 3: For the purposes of this section, a person is intoxicated alcohol (within the meaning of section 5(1) a: be incapable of properly looking after himself or herself; or b: actively present a hazard to the aircraft or to persons on the aircraft; or c: offend against the good order and discipline required on an aircraft. 4: For the purposes of this section, person under medical care a: is under the supervision of an attendant; and b: has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation. Section 65I inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65I(1A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65I(2)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65I(2)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65I(3) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 65J: Non-compliance with commands given by pilot-in-command 1: Every person commits an offence who fails to comply with any commands given to the person directly by the pilot-in-command, or indirectly by the pilot-in-command through a crew member, in accordance with his or her duties under section 13 2: Despite section 28(6) on conviction Section 65J inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65J(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65K: Offensive behaviour or words 1: Every person commits an offence who, on any aircraft,— a: behaves in a threatening, offensive, insulting, or disorderly manner; or b: uses threatening, offensive, or insulting words. 2: Every person who commits an offence against subsection (1) is liable on conviction 3: It is a defence in a prosecution under subsection (1)(b) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard. Section 65K inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65K(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65L: Portable electronic devices not to be operated 1: Every person commits an offence who operates a portable electronic device on board an aircraft in breach of the rules. 2: Despite section 28(6) on conviction Section 65L inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65L(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65M: Non-compliance with seating and seatbelt instructions 1: Every person commits an offence who fails to comply with an instruction given by a crew member, passenger information signs, or placards to— a: occupy a seat or berth; and b: fasten and keep fastened about the person any installed safety belt or safety harness. 2: Every person who commits an offence against subsection (1) is liable on conviction Section 65M inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65M(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65N: No smoking or vaping 1: Every person commits an offence who smokes or vapes a: when instructed not to smoke or vape b: while on any aircraft that is carrying passengers for hire or reward on any internal flight; or c: in contravention of section 96A(6) 2: Every person who commits an offence against subsection (1) is liable on conviction 3: In subsection (1), to smoke to vape section 96A(1) Section 65N inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65N heading amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65N(1) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65N(1)(a) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65N(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65N(3) replaced 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 65O: Dangerous goods 1: Every person commits an offence who, in breach of the rules, carries or causes to be carried on an aircraft any dangerous goods. 2: Despite section 28(6) on conviction Section 65O inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65O(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65P: Procedure for certain unruly passenger offences 1: If any offence specified in section 65Q(2) a: the Director; or b: a person authorised by the Director. 2: If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2) a: the defendant may be proceeded against by filing a charging document under section 14 b: the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence. 3: If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) section 65H section 65J section 65K section 65Q(2) 4: If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide. 5: If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a constable 6: Every person commits an offence and is liable on a: refuses or fails to comply with a request under subsection (3) or subsection (4); or b: gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request. 7: Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded. 8: The Director or a person authorised by the Director— a: may deliver an infringement notice (or a copy of it) to the defendant personally; or b: may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business. Section 65P inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65P(2)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65P(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 65P(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 65Q: Form of infringement notice 1: An infringement notice under section 65P a: enough details to inform the defendant fairly of the time, place, and nature of the offence alleged; and b: the amount of the infringement fee specified in respect of that offence in subsection (2); and c: where the fee may be paid; and d: the time within which the fee may be paid; and e: how and where payment may be made under section 65R f: a summary of how the provisions of section 21(10) g: that the defendant has a right to request a hearing; and h: a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and i: any other particulars as are prescribed by regulations made under this Act. 2: The infringement fee is,— a: in the case of an offence against section 65I(1)(a) b: in the case of an offence against section 65I(1)(b) c: in the case of an offence against section 65L d: in the case of an offence against section 65M e: in the case of an offence against section 65N f: in the case of an offence against section 65O Section 65Q inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 65R: Payment of fees 1: If an infringement notice under section 65P 2: All infringement fees received in respect of an infringement notice under section 65P a Crown Bank Account Section 65R inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65R(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 65S: Filing of notices 1: The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P section 21(4) and (4A) a: the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and b: the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence. 2: If an infringement notice under section 65P Summary Proceedings Act 1957 section 21(2) a: the reference in section 21(1)(b) b: subsection (1) of this section were in the place of section 21(3) c: the reference in section 21(3A) section 21(3) d: every reference in section 21(4), (4A), and (4B) e: the reference in section 21(4)(a) f: the reference in section 21(4C) g: the reference in section 21(4C) h: the reference in section 21(5) i: the reference in section 21(6)(b) j: each reference in section 21A section 78B section 21A and section 78B k: the references to reminder notices in the definition of defendant in section 2 section 212 3: 4: Despite section 203(1) section 65P 5: For the purpose of subsection (1), an infringement notice sent by post is deemed to have been served on the defendant when it was posted. Section 65S inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65S(1) substituted 1 March 2007 section 32(2) Summary Proceedings Amendment Act 2006 Section 65S(2) substituted 1 March 2007 section 32(2) Summary Proceedings Amendment Act 2006 Section 65S(3) repealed 1 March 2007 section 32(2) Summary Proceedings Amendment Act 2006 65T: Savings 1: Nothing in this Part applies to any— a: proceedings commenced before the commencement of this Act; or b: cause of action that arose before the commencement of this Act; or c: act or omission that occurred before the commencement of this Act. 2: All proceedings commenced under any other enactment for an offence committed before the commencement of this Part may be continued and completed under that other enactment as if this Part had not come into force. Section 65T inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 6: Rights of appeal 66: Appeal to District Court 1: A person may appeal to the District Court a: the person— i: is a person in respect of whom the decision was made; and ii: is dissatisfied with the decision; or b: the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision. 2: The court may confirm, reverse, or modify the decision appealed against. 3: Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending. 4: Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal. 5: In this section, a specified decision a: concerning the grant, issue, revocation, or suspension of an aviation document: b: to impose conditions on an aviation document: c: to exercise powers under section 21 d: to decline to register an aircraft under section 6 e: concerning the issue of a medical certificate under section 27B f: to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a) g: to disqualify a licence holder under section 27I(7)(c) h: to revoke a medical certificate under section 27I(7)(d) and (11) i: concerning the implementation of the results of a report by the convener under section 27L section 27M j: to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3) Section 66 substituted 1 June 2002 section 14 Civil Aviation Amendment Act 2002 Section 66(1) amended 1 March 2017 section 261 District Court Act 2016 Section 66(5)(e) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)(f) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)(g) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)(h) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)(i) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)(j) added 30 March 2007 section 29(2) Civil Aviation Amendment Act 2004 67: Procedure Section 67 repealed 1 June 2002 section 14 Civil Aviation Amendment Act 2002 68: Decision of Section 68 repealed 1 June 2002 section 15 Civil Aviation Amendment Act 2002 69: Appeal to High Court on question of law 1: Every party to an appeal under section 66 2: The High Court Rules 2016 sections 126 to 130 section 124 Section 69(2) replaced 1 March 2017 section 261 District Court Act 2016 70: Further appeal to Court of Appeal 1: Every party to an appeal under section 69 2: On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit. 3: The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the court, shall be final. 4: Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of court. 71: Evidence and proof 1: In any proceedings for an offence against this Act, the following provisions shall apply: a: a copy of any aviation document which is certified correct by the Director or any other employee of the Authority authorised in that behalf by the Director b: evidence of the contents of the New Zealand Register of Aircraft maintained under section 72B(f) Director or any other employee of the Authority authorised in that behalf by the Director c: the production of a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director ca: the production of a written statement signed by the Director to the effect that on a specified date a person was or was not the holder of a medical certificate issued under Part 2A Civil Aviation (Medical Certification) Amendment Act 2001 cb: the production of a certified copy of material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in a rule: d: until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by any other employee of the Authority authorised by the Director e: any licence granted under Part 8A 2: Without limiting any other method of proof, the production in any proceedings of a copy of— a: any ordinary rule purporting to have been made by the Minister under Part 3 b: any emergency rule purporting to have been made by the Director under section 31 shall, in the absence of proof to the contrary, be sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of that Part. Section 71(1)(a) amended 10 August 1992 section 30(a) Civil Aviation Amendment Act 1992 Section 71(1)(b) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 71(1)(b) amended 10 August 1992 section 30(b) Civil Aviation Amendment Act 1992 Section 71(1)(c) amended 10 August 1992 section 30(c) Civil Aviation Amendment Act 1992 Section 71(1)(ca) inserted 1 April 2002 section 10(1) Civil Aviation (Medical Certification) Amendment Act 2001 Section 71(1)(cb) inserted 1 August 2010 section 11 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 71(1)(d) amended 10 August 1992 section 30(d) Civil Aviation Amendment Act 1992 Section 71(1)(e) added 13 August 1996 Civil Aviation Amendment Act 1996 Section 71(2) added 20 August 1993 section 6 Civil Aviation Amendment Act 1993 72: Evidence of air traffic services provider 1: Any document used in recording services in relation to the movement of any aircraft and purporting to have been initiated at the time of the movement by an employee of a person providing air traffic services shall be admissible in every court and in every judicial examination or proceeding as prima facie evidence that the air traffic services described in such document were provided on the date and for the aircraft referred to in the document. 2: A document certified by an employee of a person providing air traffic services purporting to be a computer record of the provision of air traffic services, the particulars of which have been recorded or stored in the usual and ordinary course of the business of such person, shall be admissible as if it were a document to which subsection (1) applies. 3: For the purposes of this section, the expression computer record 1964 No 68 s 17F 1987 No 108 s 4 6A: Civil Aviation Authority of New Zealand Part 6A inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 72A: Civil Aviation Authority of New Zealand established 1: There is hereby established an authority to be known as the Civil Aviation Authority of New Zealand. 1A: The Authority is a Crown entity for the purposes of section 7 1B: The Crown Entities Act 2004 2: The Authority must have at least 5, but no more than 7, members appointed in accordance with section 28(1)(a) 2A: Members of the Authority are the board for the purposes of the Crown Entities Act 2004 3: 4: The Minister shall appoint 4A: Subsection (4) does not limit section 29 5: Before appointing 2 of the members, 6: 7: A person may hold office as a member concurrently with any other office, except any office or appointment under the Transport Accident Investigation Commission Act 1990 8: Neither the Director nor any other employee of the Authority may be a member of the Authority. 9: The Authority is owned by the Crown. 10: The Authority is hereby deemed to be a Crown entity Public Finance Act 1989 11: 12: The provisions of Schedule 3 Section 72A inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72A(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(1B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(2) amended 1 April 2021 section 55(2) Regulatory Systems (Transport) Amendment Act 2021 Section 72A(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(2) amended 1 June 2004 section 30 Civil Aviation Amendment Act 2004 Section 72A(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(9) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(10) amended 21 December 1992 section 42 Public Finance Amendment Act 1992 Section 72A(11) repealed 20 August 1993 section 7(b) Civil Aviation Amendment Act 1993 72AA: Objective of Authority The objective of the Authority is to undertake its safety, security, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system. Section 72AA inserted 1 December 2004 section 7 Civil Aviation Amendment Act (No 2) 2004 72B: Functions of Authority 1: 2: The Authority has the following functions: a: to promote civil aviation safety and security in New Zealand: b: to promote civil aviation safety and security beyond New Zealand in accordance with New Zealand's international obligations: c: ca: to establish and continue a service to be called the Aviation Security Service: d: to investigate and review civil aviation accidents and incidents in its capacity as the responsible safety and security authority, subject to the limitations set out in section 14(3) e: to notify the Transport Accident Investigation Commission in accordance with section 27 f: to maintain and preserve records and documents relating to activities within the civil aviation system, and in particular to maintain the New Zealand Register of Aircraft and the Civil Aviation Registry: g: to ensure the collection, publication, and provision of charts and aeronautical information, and to enter into arrangements with any other person or organisation to collect, publish, and distribute such charts and information: h: to provide to the Minister such information and advice as the Minister may from time to time require: i: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the functions and duties of the Authority will not be compromised: ia: to provide information and advice with respect to civil aviation, and to foster appropriate information education programmes with respect to civil aviation, that promote its objective: j: to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries. 2A: The Authority must, if directed to do so by the Minister under section 14C a: operate and maintain the search and rescue co-ordination centre established under section 14B(1)(a) b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a) c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a) d: exercise any or all of the powers of the Minister under section 14B(1)(b) 3: The Authority must carry out any other civil aviation functions and duties that— a: are conferred on it by this Act or any other Act; and b: the Minister may direct in accordance with section 112 3A: The Authority may provide such administrative support services for the Aviation Security Service, and on such terms and conditions, as are agreed between the Director and the General Manager. 3B: The Authority shall perform its functions in respect of the Aviation Security Service separately from its other functions and shall maintain accounts, records, and reports accordingly. 4: Section 72B inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72B(1) repealed 1 December 2004 section 8(1) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2) amended 1 December 2004 section 8(2) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)(a) substituted 1 December 2004 section 8(3) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)(b) substituted 1 December 2004 section 8(3) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)(c) repealed 1 December 2004 section 8(3) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)(ca) inserted 20 August 1993 section 8(1) Civil Aviation Amendment Act 1993 Section 72B(2)(i) substituted 1 December 2004 section 8(4) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)(ia) inserted 1 December 2004 section 8(4) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)(j) added 24 February 2006 section 31 Civil Aviation Amendment Act 2004 Section 72B(2A) substituted 1 December 2004 section 8(5) Civil Aviation Amendment Act (No 2) 2004 Section 72B(3) substituted 1 December 2004 section 8(6) Civil Aviation Amendment Act (No 2) 2004 Section 72B(3)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72B(3A) inserted 20 August 1993 section 8(2) Civil Aviation Amendment Act 1993 Section 72B(3B) inserted 20 August 1993 section 8(2) Civil Aviation Amendment Act 1993 Section 72B(4) repealed 1 December 2004 section 8(1) Civil Aviation Amendment Act (No 2) 2004 72C: Authority to comply with policy directions Section 72C repealed 25 January 2005 section 200 Crown Entities Act 2004 72CA: Surplus of Aviation Security Service funds payable to the Crown If the Minister of Finance is satisfied at any time that in any financial year the Aviation Security Service has a surplus of funds, he or she may, after consultation with the Minister, direct the Authority to pay to the Crown a sum equal to the whole or any part of that surplus, as the Minister of Finance thinks fit. Section 72CA inserted 20 August 1993 section 9 Civil Aviation Amendment Act 1993 72D: Authority to have powers of natural person Section 72D repealed 25 January 2005 section 200 Crown Entities Act 2004 72E: Authority to consider delegating or contracting out of functions and powers Subject to this Act, the Authority shall, in the course of performing its functions and powers, consider whether it could most efficiently and effectively perform those functions and powers by means of its own operations or by delegating or contracting out those operations to appropriate persons selected after an appropriate competitive process. Section 72E inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 72F: Restriction applying to statement of intent 1: 2: 3: No provision specifying any liabilities the Authority intends to incur may be included in a statement of intent without the concurrence of the Minister of Finance. Section 72F substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 72F heading replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 72F(1) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 72F(2) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 72G: Service charter 1: As soon as practicable after the commencement of this Act but in any event not later than 1 January 1993, the Authority shall prepare and make available to the public a service charter including (but not limited to)— a: a statement by the Authority of the standards of service which the public can expect to apply to the carrying out of functions of the Authority and the Director under this Act and any regulations or rules made under this Act; and b: details of the procedures to be followed under the service charter by a person who alleges that the standards were not met; and c: details of the remedies that are available under the service charter to the person affected where it is established by that person to the satisfaction of the Authority that the standards were not met; and d: provision for the appointment by the Authority of an appropriate independent person to assist in the resolution of disputes arising in respect of alleged failures to meet the standards of service specified in the service charter. 2: The service charter may make provision for a person to be appointed as a deputy to the person appointed under the provision referred to in subsection (1)(d), and for the functions, duties, and powers of the deputy. 3: The Authority, the Director, any employee or agent of the Authority, and any agent of the Director shall have a public duty to observe the provisions of the service charter. 4: If the Authority fails to comply with subsection (1), the Minister shall prepare the service charter and shall make it available to the public. 5: The Authority (in any case) and the Minister (where the Minister has prepared it) 6: The Authority shall not amend the service charter under subsection (5) if the service charter is prepared by the Minister under subsection (4). 7: Nothing in the service charter shall limit or restrict any right to make any complaint or to bring any proceedings under any Act or rule of law. Section 72G inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72G(5) amended 20 August 1993 section 11 Civil Aviation Amendment Act 1993 72H: Use of words Civil Aviation Authority 1: No company or other body shall be incorporated or registered under a name that contains the words Civil Aviation Authority section 2 2: Nothing in subsection (1) shall apply to the Authority or to any person who is appropriately authorised by the Authority. Section 72H inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 72I: Director of Civil Aviation 1: The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Civil Aviation. 2: The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act, or regulations or rules made under this Act, and such functions and powers as may be delegated to the Director by the Authority under section 73 3: Without limiting subsection (2), the Director shall— a: exercise control over entry into the civil aviation system through the granting of aviation documents under this Act; and b: take such action as may be appropriate in the public interest to enforce the provisions of this Act and of regulations and rules made under this Act, including the carrying out or requiring of inspections and monitoring ; and c: monitor adherence, within the civil aviation system, to any regulatory requirements relating to— i: safety and security, including (but not limited to) personal security: ii: access and mobility: iii: public health: iv: environmental sustainability: v: any other matter; and d: ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security. 3A: Without limiting subsection (2), where the Director believes on reasonable grounds— a: that an unsafe condition exists in any aircraft or aeronautical product; and b: that condition is likely to exist or develop in any other aircraft or aeronautical products of the same design,— the Director may, by notice in writing 3B: Notice of an airworthiness directive issued under subsection (3A) must be given in the Gazette 3C: An airworthiness directive issued under subsection (3A) comes into force on the date specified in the directive, which may be a date earlier than the date of notification of the issuing of the directive in the Gazette a: the Director considers that urgent action is required; and b: the Director notifies the affected parties before the directive comes into force; and c: notification of the issuing of the directive is given in the Gazette 3D: The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements. 4: In performing or exercising any functions or powers in relation to— a: the granting of aviation documents; or aa: the issue, suspension, or revocation of medical certificates; or b: the suspension of aviation documents; or c: the revocation of aviation documents; or d: the granting of exemptions; or e: the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,— in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers. Section 72I inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72I(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72I(3)(b) amended 1 December 2004 section 9 Civil Aviation Amendment Act (No 2) 2004 Section 72I(3)(b) amended 1 June 2002 section 16(1) Civil Aviation Amendment Act 2002 Section 72I(3)(c) added 1 December 2004 section 9 Civil Aviation Amendment Act (No 2) 2004 Section 72I(3)(d) added 1 December 2004 section 9 Civil Aviation Amendment Act (No 2) 2004 Section 72I(3A) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 72I(3A) amended 1 June 2002 section 16(2) Civil Aviation Amendment Act 2002 Section 72I(3B) substituted 1 June 2002 section 16(3) Civil Aviation Amendment Act 2002 Section 72I(3C) inserted 1 June 2002 section 16(3) Civil Aviation Amendment Act 2002 Section 72I(3D) inserted 30 March 2007 section 32 Civil Aviation Amendment Act 2004 Section 72I(4) substituted 20 August 1993 section 12 Civil Aviation Amendment Act 1993 Section 72I(4)(aa) inserted 1 April 2002 section 10(2) Civil Aviation (Medical Certification) Amendment Act 2001 72J: Acting Director of Civil Aviation 1: In the case of absence from duty of the Director (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the Director or pertaining to the position may be exercised and performed by— a: any other employee for the time being directed by the Authority to exercise and perform them; or b: any other person for the time being appointed by the Authority to exercise and perform them,— whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues. 2: No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates. 3: No person employed within the Aviation Security Service shall be given any direction or appointment by the Authority under this section without the prior written approval of the Minister. Section 72J inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72J(3) added 20 August 1993 section 13 Civil Aviation Amendment Act 1993 72K: Powers of Director in relation to examinations, etc For the purposes of granting or renewing aviation documents Section 72K inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72K amended 1 June 2002 section 17 Civil Aviation Amendment Act 2002 72L: General Manager of Aviation Security Service 1: The Authority shall from time to time appoint a General Manager of the Aviation Security Service who, by virtue of his or her office, shall be an aviation security officer. 2: The General Manager shall have and may exercise such functions and powers in relation to the Aviation Security Service as may be conferred or imposed on the General Manager by this Act, or regulations or rules made under this Act, and such functions and powers in relation to aviation security services as may be delegated to the General Manager by the Authority under section 73 section 23A 3: The General Manager shall, in performing any functions or exercising any powers conferred or imposed on the General Manager by this Act or any other Act, or by regulations or rules made under this Act or any other Act, (including any functions or powers relating to enforcement of the aviation security provisions of this Act or any other Act, or regulations or rules made under this Act or any other Act), in respect of any particular case, act independently and shall not be responsible to the Minister, the Authority, or the Director for the performance of such functions or the exercise of such powers. Section 72L inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993 Section 72L(2) amended 25 January 2005 section 200 Crown Entities Act 2004 72M: Acting General Manager of Aviation Security Service 1: In the case of absence from duty of the General Manager (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the General Manager or pertaining to that position may be exercised and performed by— a: any other person in the Aviation Security Service for the time being directed by the Authority to exercise and perform them; or b: any other employee of the Authority for the time being directed by the Authority (with the prior written approval of the Minister) to exercise and perform them; or c: any other person for the time being appointed by the Authority to exercise and perform them,— whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues. 2: No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates. Section 72M inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993 72N: Use of words Aviation Security Service 1: No company or other body shall be incorporated or registered under a name that contains the words Aviation Security Service section 2 2: Nothing in subsection (1) shall apply to the Aviation Security Service or the Authority or to any person who is appropriately authorised by the Authority. Section 72N inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993 72O: References to Director to be read as General Manager of Aviation Security Service in certain circumstances 1: Every reference in sections 23A 23B 42 49(1)(a) 50 2: Where any doubt arises as to whether or not any subject matter relates to aviation security services, the Aviation Security Service, or the office of the General Manager, or relates to any other matter to which this Act relates, the issue shall be determined by the Authority. 3: No act, omission, or proceeding shall be called into question or declared invalid on the ground that the Director or the General Manager was not the appropriate person to be involved in the act, omission, or proceeding if it is clear that either the Director or the General Manager was the appropriate person to be so involved. Section 72O inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993 7: Registries and information services 73: New Zealand Register of Aircraft 1: The Authority 2: The Authority section 6(1)(a) 1964 No 68 s 29(2)(h) Section 73(1) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 73(2) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 74: Civil Aviation Registry 1: The Authority 2: Copies or appropriate evidence of the following shall be recorded and maintained at the Registry: a: every current aviation document: ab: every Australian AOC with ANZA privileges: b: the New Zealand Register of Aircraft: c: every regulation made under this Act, and every rule notified in the Gazette ca: any material incorporated into a rule by reference under section 36 d: every accident and incident notification given under section 26 da: every airworthiness directive issued by the Director under section 72I(3A) e: every delegation, authorisation, and exemption granted in writing under this Act: f: the address for service of every current applicant for an aviation document and of every current aviation document holder: g: all information published under section 75 h: the current service charter: i: the current statement of intent under section 139 3: Documents kept at the Registry shall be made available by the Authority Official Information Act 1982 4: Subsection (3) is subject to the Privacy Act 2020 Section 74(1) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 74(2)(a) substituted 13 August 1996 Civil Aviation Amendment Act 1996 Section 74(2)(ab) inserted 30 March 2007 section 33(1) Civil Aviation Amendment Act 2004 Section 74(2)(ca) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 74(2)(da) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 74(2)(h) added 10 August 1992 section 32 Civil Aviation Amendment Act 1992 Section 74(2)(i) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 74(3) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 74(4) added 1 June 2004 section 33(2) Civil Aviation Amendment Act 2004 Section 74(4) amended 1 December 2020 section 217 Privacy Act 2020 75: Information services 1: The Authority 2: The Authority Authority Section 75(1) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 75(2) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 8: Aviation security 76: Aviation security The prevention of the commission of crimes against the Aviation Crimes Act 1972 1964 No 68 s 21A 1976 No 153 s 4 77: Responsibility of Minister The Minister shall ensure that aviation security services are provided at all security designated aerodromes and security designated navigation installations. 77A: Powers and duties of Minister to require screening , searching, and seizing 1: The Minister may, if the Minister considers it necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, or if the Minister considers it is in the public interest or national interest to do so, direct an aviation security service provider, by notice a: to screen— i: any person boarding an aircraft: ii: any thing to be carried on an aircraft: iii: any person, item, or substance— A: before the person, item, or substance enters a sterile area: B: present in a sterile area: iv: any person, item, substance, or vehicle— A: before the person, item, substance, or vehicle enters a security enhanced area: B: present in a security enhanced area: v: any unattended item, substance, or vehicle in a security enhanced area: b: if necessary, to undertake reasonable searches of— i: any person boarding an aircraft: ii: any thing to be carried on an aircraft: iii: any (as specified in the A: aircraft or class of aircraft: B: aerodrome or class of aerodrome: C: navigation installation or class of navigation installation: iv: any person, item, substance, or vehicle— A: before the person, item, substance, or vehicle enters a sterile area: B: present in a sterile area: v: any person, item, substance, or vehicle— A: before the person, item, substance, or vehicle enters a security enhanced area: B: present in a security enhanced area: vi: any unattended item, substance, or vehicle in a security enhanced area: c: to seize any item or substance specified in the 1A: An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the 2: Before directing an aviation security provider under subsection (1), the Minister must a: the Director; and b: as the Minister in each case considers appropriate and practical, other ministers, 3: A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published under the Legislation Act 2019 see a: considers on reasonable grounds that urgent action is required; and b: has consulted the Director before that date; and c: has notified all affected parties (other than persons boarding an aircraft) before that date. 4: If a direction takes effect on a date before the notice is published under the Legislation Act 2019 a: the direction expires 28 days after that date unless the notice is published under the Legislation Act 2019 b: if the notice is published under the Legislation Act 2019 5: 5A: 6: The Minister may , by notice, 7: Subject to subsection (4), a direction remains in effect until it is rescinded. 8: Nothing in this section empowers the Minister to exercise the Director's powers under section 77B 9: The following are secondary legislation ( see Part 3 a: a notice under subsection (1): b: a notice under subsection (6). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) However, that requirement does not apply to any information that would prejudice the national security interests of New Zealand if disclosed. That information is not required to be published Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77A inserted 1 June 2002 section 18 Civil Aviation Amendment Act 2002 Section 77A heading amended 18 January 2008 section 9(1) Civil Aviation Amendment Act 2007 Section 77A(1) substituted 18 January 2008 section 9(2) Civil Aviation Amendment Act 2007 Section 77A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(1)(b)(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(1)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(1A) inserted 18 January 2008 section 9(2) Civil Aviation Amendment Act 2007 Section 77A(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(2) amended 18 January 2008 section 9(3) Civil Aviation Amendment Act 2007 Section 77A(2)(b) amended 18 January 2008 section 9(4) Civil Aviation Amendment Act 2007 Section 77A(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(4)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(5A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 77B: Powers and duties of Director to require screening , searching, and seizing 1: The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security service provider, by notice a: to screen— i: any person boarding an aircraft: ii: any thing to be carried on an aircraft: iii: any person, item, or substance— A: before the person, item, or substance enters a sterile area: B: present in a sterile area: iv: any person, item, substance, or vehicle— A: before the person, item, substance, or vehicle enters a security enhanced area: B: present in a security enhanced area: v: any unattended item, substance or vehicle in a security enhanced area: b: if necessary, to undertake reasonable searches of— i: any person boarding an aircraft: ii: any thing to be carried on an aircraft: iii: any (as specified in the A: aircraft or class of aircraft: B: aerodrome or class of aerodrome: C: navigation installation or class of navigation installation: iv: any person, item, substance, or vehicle— A: before the person, item, substance, or vehicle enters a sterile area: B: present in a sterile area: v: any person, item, substance, or vehicle— A: before the person, item, substance, or vehicle enters a security enhanced area: B: present in a security enhanced area: vi: any unattended item, substance, or vehicle in a security enhanced area: c: seize any item or substance specified in the 1A: An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the 2: Before directing an aviation security provider under subsection (1), the Director must, to determine whether or not the direction is necessary to meet the security risk, consult, as the Director in each case considers appropriate and practical 3: A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published under the Legislation Act 2019 see a: considers on reasonable grounds that urgent action is required; and b: has notified all affected parties (other than persons boarding an aircraft) before that date. 4: If a direction takes effect on a date before the notice is published under the Legislation Act 2019 a: the direction expires 28 days after that date unless the notice is published under the Legislation Act 2019 b: if the notice is published under the Legislation Act 2019 5: 5A: 6: The Director may , by notice, 7: Subject to subsection (4), a direction remains in effect until it is rescinded. 8: The following are secondary legislation ( see Part 3 a: a notice under subsection (1): b: a notice under subsection (6). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section, unless subsection (4) applies. Legislation Act 2019 requirements for secondary legislation made under this section, unless subsection (4) applies Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 However, that requirement does not apply to any information that would prejudice the national security interests of New Zealand if disclosed. That information is not required to be published Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section to which subsection (4) applies. Legislation Act 2019 requirements for secondary legislation made under this section to which subsection (4) applies Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 However, that requirement does not apply to any information that would prejudice the national security interests of New Zealand if disclosed. That information is not required to be published Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77B inserted 1 June 2002 section 18 Civil Aviation Amendment Act 2002 Section 77B heading amended 18 January 2008 section 10(1) Civil Aviation Amendment Act 2007 Section 77B(1) substituted 18 January 2008 section 10(2) Civil Aviation Amendment Act 2007 Section 77B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(1)(b)(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(1)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(1A) inserted 18 January 2008 section 10(2) Civil Aviation Amendment Act 2007 Section 77B(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(2) amended 18 January 2008 section 10(3) Civil Aviation Amendment Act 2007 Section 77B(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(4)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(5A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 77BA: Certain Gazette Section 77BA repealed 28 October 2021 section 3 Secondary Legislation Act 2021 77C: Transitional provisions for screening 1: A direction requiring the screening of domestic aircraft passenger services made by the Director before 1 June 2002 continues in force until 1 September 2002, on which date it expires; however, the Director may rescind the direction before 1 September 2002. 2: A person carrying out the screening of domestic aircraft passenger services under a direction to do so made before 1 June 2002 (or a search in accordance with such a direction) is entitled to continue to carry out that screening (or search) until 1 September 2002, on which date the entitlement expires. Section 77C inserted 1 June 2002 section 18 Civil Aviation Amendment Act 2002 77F: Powers and duties of Director relating to security checks 1: The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if— a: the security check is for the purpose of determining whether the person poses a threat to aviation security; and b: the person consents. 2: If a person refuses consent to a security check under subsection (1), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination. 3: The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director. 4: For the purpose of determining whether a person poses a threat to aviation security, the Director may— a: seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 11 b: give weight to any component of the information as the Director considers appropriate in the circumstances. 5: If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination. 6: The Director may reconsider any previous security check determination that the Director has made if— a: new information is made available; or b: the Director has reason to believe that the person may pose a threat to aviation security. 7: If the Director proposes to reconsider any previous security check determination, the Director must— a: advise the person to whom the security check determination relates that the Director is reconsidering that determination; and b: complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a); and c: if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G d: if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for— i: the period of the reconsideration; and ii: any subsequent review period under section 77G e: if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for— i: the period of the reconsideration; and ii: any subsequent review period under section 77G 8: Nothing in this section limits the power of the Director to grant an exemption under section 37 Section 77F inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77F(4)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 77G: Review procedures for security check determinations 1: If the Director makes an adverse security check determination with respect to a New Zealand person based on a recommendation made by the New Zealand Security Intelligence Service sections 158(1)(e) 171 2: If the Director proposes to make an adverse security check determination with respect to a person based on information other than a recommendation made by the New Zealand Security Intelligence Service, the Director must— a: advise the person of the proposed determination and the reasons for the proposed determination; and b: give the person written notice that, within 20 working days of the date of the notice, the person may— i: seek legal advice or assistance with respect to the proposed determination: ii: respond to, comment on, or make submissions on the proposed determination: iii: provide new information relevant to the proposed determination; and c: give the person notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)); and d: consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and e: make a final determination and inform the person and any other affected party of,— i: in the case of the person, the final determination and the reasons for the final determination; and ii: in the case of any other affected party, the final determination but not the reasons for the final determination. 3: If the Director proposes to make an adverse security check determination based on a recommendation made by the New Zealand Security Intelligence Service and on information other than that recommendation, the Director must— a: follow the procedure set out in subsection (2) with respect to the information other than the recommendation and advise the person that the proposed determination is based on— i: a recommendation made by the New Zealand Security Intelligence Service; and ii: information other than the recommendation; and b: then follow the procedure set out in subsection (1) with respect to the recommendation if— i: the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and ii: the person is a New Zealand person. 4: If the Director makes a final adverse security check determination, the Director must— a: revoke any authorisation granted to the person by the Director under the rules, if a favourable security check determination is required under the rules for the authorisation; and b: require any other entity to revoke any authorisation granted to the person, if a favourable security check determination is required under the rules for the authorisation. 5: In this section,— Inspector-General of Intelligence and Security section 157 New Zealand person a: a New Zealand citizen; or b: a person ordinarily resident in New Zealand. Section 77G inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77G(1) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 77G(5) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 77H: Offence to carry out activity while authorisation withdrawn or after authorisation revoked 1: Every person commits an offence who carries out an activity that requires an authorisation— a: during a period when that authorisation has been withdrawn under section 77F(7)(d) or (e) b: if that authorisation has been revoked under section 77G(4) 2: Every person who commits an offence against subsection (1) is liable on Section 77H inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77H(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 77I: Offence to fail to comply with Director's requirement to withdraw or revoke authorisation 1: Every person commits an offence who fails, without reasonable excuse, to comply with the Director's requirement to— a: withdraw an authorisation under section 77F(7)(e) b: revoke an authorisation under section 77G(4)(b) 2: Every person who commits an offence against subsection (1) is liable on Section 77I inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77I(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 78: Aviation Security Service Section 78 repealed 20 August 1993 section 8(3)(a) Civil Aviation Amendment Act 1993 79: Authorised aviation security service providers 1: Subject to subsection (2), aviation security services at any security designated aerodrome or security designated navigation installation may be provided by— a: the Aviation Security Service; or b: the operator of that aerodrome or navigation installation. 2: No operator of an aerodrome or navigation installation, and no person employed by any such operator to provide aviation security services, shall provide aviation security services at that aerodrome or installation, except pursuant to a current aviation document issued by the Director section 7 3: The holder of every such document shall comply with the relevant prescribed requirements and standards. Section 79(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 79A: Further provisions relating to Aviation Security Service 1: Notwithstanding sections 9 79 Gazette Gazette 2: Where any person already holds an aviation document entitling that person to provide aviation security services at a security designated aerodrome or security designated navigation installation, the Minister shall not give a notice under subsection (1) in respect of that aerodrome or navigation installation without the consent of that person. 3: Notwithstanding anything in section 79 4: Any appointment made by the Minister under subsection (3) shall have effect for a period specified by the Minister, being not more than 10 days. Section 79A inserted 20 August 1993 section 15 Civil Aviation Amendment Act 1993 80: Powers, functions, Without limiting the powers, functions, duties, or responsibilities of the Police under this Act or any other enactment, and without limiting the generality of section 77 powers, functions, a: to carry out— i: crew, passenger, and baggage screening of all international aircraft passenger services; and ii: the screening , reasonable searches, or seizures section 77A(1) section 77B(1) ab: to undertake, if necessary, reasonable searches of crew, passengers, baggage, cargo, aircraft, aerodromes, and navigation installations: b: to carry out aerodrome security patrols and patrols of navigation installations: c: to review, inquire into, and keep itself informed on security techniques, systems, devices, practices, and procedures related to the protection of civil aviation and persons employed in or using it: d: to undertake, or encourage or supervise, such experimental or research work in respect of any aspect of aviation security as the Director e: for the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport authorities, operators, and authorities administering the airport security services of other countries, and with any appropriate international organisation: ea: to provide security support services to the Police when requested by the Commissioner of Police, but only subject to the following conditions: i: the Commissioner of Police is satisfied that the provision of those services to the New Zealand Police is necessary to enable the New Zealand Police to carry out its security duties; and ii: the Aviation Security Service is satisfied that the provision of those services to the New Zealand Police will not compromise aviation security: eb: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Aviation Security Service are satisfied that the performance of the functions and duties of the Aviation Security Service will not be compromised: f: to exercise and perform such other functions and duties as may be conferred on it by any enactment. 1964 No 68 s 21B 1976 No 153 s 4 Section 80 heading amended 26 September 2007 section 13(1) Civil Aviation Amendment Act 2007 Section 80 amended 26 September 2007 section 13(2) Civil Aviation Amendment Act 2007 Section 80(a) substituted 1 June 2002 section 19 Civil Aviation Amendment Act 2002 Section 80(a)(ii) amended 26 September 2007 section 13(3) Civil Aviation Amendment Act 2007 Section 80(ab) inserted 1 June 2002 section 19 Civil Aviation Amendment Act 2002 Section 80(d) amended 20 August 1993 section 17 Civil Aviation Amendment Act 1993 Section 80(ea) inserted 24 March 2004 section 36 Civil Aviation Amendment Act 2004 Section 80(eb) inserted 1 December 2004 section 10 Civil Aviation Amendment Act (No 2) 2004 80A: Powers and duties of aviation security officer relating to dangerous goods 1: Without limiting section 80(a) and (ab) 2: If dangerous goods are detected and the aviation security officer has reasonable grounds to believe that they may not be lawfully carried on an aircraft, the aviation security officer may seize and detain the dangerous goods for the purpose of determining whether or not they may be lawfully carried on an aircraft. 3: If the aviation security officer determines that the dangerous goods may not be lawfully carried on an aircraft, the aviation security officer must notify the relevant operator or delivery service as soon as practicable and— a: may detain the dangerous goods until they are dealt with in accordance with paragraph (b) or paragraph (c); or b: may deliver the dangerous goods to the operator or delivery service; or c: may, if the Director agrees, destroy or otherwise dispose of the dangerous goods. 4: If the aviation security officer determines that the dangerous goods may be lawfully carried on an aircraft, the aviation security officer must, as far as practicable, return the dangerous goods to the owner of the dangerous goods. 5: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the dangerous goods pose an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the dangerous goods. 6: The aviation security officer must report the detection of dangerous goods in accordance with the rules or, in the absence of rules, as the Director may direct. Section 80A inserted 1 June 2002 section 20 Civil Aviation Amendment Act 2002 80B: Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas 1: Without limiting section 80 section 12(1) section 77A(1) 77B(1) a: before the person, item, substance, or vehicle enters a sterile area: b: present in a sterile area. 2: A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) 3: If an item or substance specified in section 11(1) section 77A(1) 77B(1) subsection (1) or section 80 section 12 4: If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,— a: if practicable, return the item or substance to the person from whom it was seized; or b: if impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized. 5: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may— a: detain the item or substance until it is dealt with in accordance with paragraph (b) or (c); or b: dispose of or destroy the item or substance; or c: deliver the item or substance to a constable 6: If an aviation security officer delivers an item or substance to a constable 7: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance. Section 80B inserted 26 September 2007 section 14(1) Civil Aviation Amendment Act 2007 Section 80B(5)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 80B(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 80C: Powers and duties of aviation security officers relating to security enhanced areas 1: Without limiting section 80 section 11(1) section 77A(1) 77B(1) a: before the person, item, substance, or vehicle enters a security enhanced area: b: present in a security enhanced area. 2: A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) 3: If an item or substance specified in section 11(1) section 77A(1) 77B(1) subsection (1) or section 80 section 12 4: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer— a: must— i: detain the item or substance until it is delivered to a constable ii: deny entry into the security enhanced area to any person in possession of the item or substance; or iii: direct the person in possession of the item to leave the security enhanced area, with or without— A: the item or substance: B: any vehicle used to transport the item or substance; and b: must make a record of the item or substance and the person from whom the item or substance was seized (if any). 5: If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized. 6: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance. Section 80C inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80C(4)(a)(i) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 80D: Consent to be screened or searched 1: The powers specified in section 80C(1) i: a person to be screened or searched with the consent of the person: ii: an item, substance, or vehicle to be screened or searched with the consent of the person in possession of the item, substance, or vehicle. 2: To avoid doubt, an item, substance, or vehicle may be screened or searched without consent if it is unattended. Section 80D inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 80E: Persons who refuse to consent to be screened or searched 1: If a person refuses to consent to the screening or searching under section 80C(1) a: deny that person entry into the security enhanced area: b: require that person to— i: leave the security enhanced area: ii: remove any item, substance, or vehicle in that person's possession from the security enhanced area. 2: An aviation security officer may— a: prevent a person from entering a security enhanced area if the person is denied entry: b: remove a person from a security enhanced area if the person is required to leave. 3: An aviation security officer may detain a person who— a: refuses to leave when required to leave (or attempts to enter when denied entry) and persists in his or her refusal (or attempt) after being warned that he or she commits an offence by not complying: b: refuses to be screened or searched if the aviation security officer has reasonable grounds to suspect that— i: an offence against the Aviation Crimes Act 1972 ii: a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 4: A person detained under subsection (3) must be delivered to a constable 5: An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to— a: prevent a person from entering a security enhanced area under subsection (2)(a): b: remove a person from a security enhanced area under subsection (2)(b): c: detain a person under subsection (3). 2004 No 16 s 54 Section 80E inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80E(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 80F: Searches of persons refusing consent to be searched 1: If a person refuses to consent to the screening or searching under section 80C(1) constable section 11(1) constable a: an offence against the Aviation Crimes Act 1972 b: a search of the person refusing to consent, or any item, substance, or vehicle in the person's possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 2: The refusal of a person to consent to the searching of his or her person, or any item, substance, or vehicle in the person's possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972 3: A constable a: provide evidence of his or her identity to the person to be searched; and b: inform the person to be searched that the search is authorised under this section; and c: if not in uniform, provide evidence, if asked, that he or she is a constable 4: If a constable 2004 No 16 s 55 Section 80F inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80F(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 80F(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 80F(3)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 80F(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 80G: Searches of persons 1: With respect to a search made under section 80C(1) a: a person must, if directed to do so by an aviation security officer,— i: remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the person is wearing to enable the search to be carried out, except where the person has no other clothing, or only underclothing, under the outer clothing: ii: remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories: iii: allow an aviation security officer to carry out a pat down search: b: a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device. 2: For the purposes of this section, pat down search a: means a search of a clothed person in which the person conducting the search may do all or any of the following: i: run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person: ii: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched: iii: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely: A: open his or her mouth: B: display the palms of his or her hands: C: display the soles of his or her feet: D: lift or rub his or her hair; and b: includes the authority to search— i: any item or substance carried by, or in the possession of, the person; and ii: any outer clothing removed, raised, lowered, or opened for the purposes of the search; and iii: any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search. Section 80G inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 80H: Power to require drivers to stop vehicles in security enhanced areas for screening or searching 1: An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of screening or searching the vehicle, and any item, substance, or person in the vehicle. 2: The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle. 3: Every person commits an offence and is liable on a: stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or b: remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle. 4: In proceedings for an offence against subsection (3),— a: the prosecutor need not assert absence of lawful authority or reasonable excuse in the charging document; and b: the burden of proving that the defendant had lawful authority or a reasonable excuse lies on the defendant. 1998 No 110 s 114 Section 80H inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80H(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 80H(4) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 80I: Protection of aviation security officers Nothing done by an aviation security officer under sections 80B(3) to (7) 80C(3) to (6) a: good faith; and b: the exercise of powers or the performance of duties under this Act. 1949 No 19 s 13 Section 80I inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 81: Functions and duties of other aviation security service providers 1: Aviation security service providers (other than the Aviation Security Service) shall have such functions and duties as may be prescribed by rules made under this Act. 2: Such aviation security service providers shall designate employees to be aviation security officers; and every such officer shall have and may exercise, in relation to the aerodrome or navigation installation at which he or she is employed, all the powers of an aviation security officer under this Part, except the powers to arrest and detain any person. 82: Security designated aerodromes and navigation installations 1: The Minister may, by notice in the Gazette 2: Any designation under subsection (1) may at any time be revoked, in whole or in part, or amended by the Minister by notice in the Gazette 1964 No 68 s 21C 1976 No 153 s 4 83: Right of access 1: Subject to subsections (2) and (3), an aviation security officer while on duty may at any time enter any security designated aerodrome or a security designated navigation installation, or any aircraft, building, or place in any part of a security designated aerodrome or security designated navigation installation, for the purpose of exercising and carrying out his or her powers, functions, and duties under this Act. 2: Unless the aviation security officer is accompanied by a constable 3: Where the Police have taken command of any situation at an aerodrome or navigation installation, the rights of aviation security officers to enter any part thereof or any aircraft, building, or place shall be subject to such limitations as the senior constable 4: Where an aircraft or vehicle is not being used for commercial purposes, subsection (1) shall not apply unless the aviation security officer believes on reasonable grounds that there is in that vehicle or aircraft a person or thing likely to endanger the aerodrome or installation or any of its facilities or any person. 1964 No 68 s 21D 1976 No 153 s 4 Section 83(2) amended 1 October 2008 section 116(a)(v) Policing Act 2008 Section 83(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 84: Security areas and security enhanced areas 1: The Director of the area 1A: The Director may declare, by appropriate notification, that an area within a security area is a security enhanced area. 2: No person other than a constable a: wearing an airport identity card issued under the rules (or other identity document approved by the Director under the rules) and worn in accordance with the rules; and b: authorised by the Director or the airport manager or other person having control of the area. 3: Every person in a security area or security enhanced area or security enhanced area 4: Where a person who fails or refuses to provide an aviation security officer with satisfactory evidence of his or her name and address when requested by the aviation security officer, or where a person fails to satisfy the aviation security officer that he or she is authorised to be there, the aviation security officer may order that person to leave the security area or security enhanced area 5: An aviation security officer, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any security area or security enhanced area or security enhanced area 6: Any person who refuses to comply with subsection (3) or subsection (4) and, after having been warned that he or she commits an offence, persists in its commission, may be detained by an aviation security officer and in that case he or she shall as soon as may be practicable be delivered to a constable 7: Despite subsection (2), a passenger embarking or disembarking directly through a gateway or thoroughfare in an airport approved for that purpose by the airport manager may pass through a security area or security enhanced area forming part of the gateway or thoroughfare without an airport identity card. 8: Despite subsection (2), a person allowed under the rules may pass through a security area or security enhanced area without an airport identity card. 1964 No 68 s 21E 1976 No 153 s 4 Section 84 heading amended 18 January 2008 section 15(1) Civil Aviation Amendment Act 2007 Section 84(1) amended 18 January 2008 section 15(2) Civil Aviation Amendment Act 2007 Section 84(1) amended 10 August 1992 section 33 Civil Aviation Amendment Act 1992 Section 84(1A) inserted 18 January 2008 section 15(3) Civil Aviation Amendment Act 2007 Section 84(2) substituted 18 January 2008 section 15(4) Civil Aviation Amendment Act 2007 Section 84(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 84(3) amended 18 January 2008 section 15(5) Civil Aviation Amendment Act 2007 Section 84(4) amended 18 January 2008 section 15(6) Civil Aviation Amendment Act 2007 Section 84(5) amended 18 January 2008 section 15(7) Civil Aviation Amendment Act 2007 Section 84(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 84(7) substituted 18 January 2008 section 15(8) Civil Aviation Amendment Act 2007 Section 84(8) added 18 January 2008 section 15(8) Civil Aviation Amendment Act 2007 85: Powers of arrest and seizure of items or substances 1: Every aviation security officer is justified in arresting without warrant any person on or in the vicinity of any security designated aerodrome or security designated navigation installation if he or she has reasonable grounds to believe that an offence has been or is being committed by that person against any of the following enactments: a: sections 3 4 5 5A 11 b: section 45 1A: An aviation security officer may— a: search a person arrested under subsection (1): b: seize any item or substance that may be evidence of an offence against an enactment specified in subsection (1), if the officer has reasonable grounds to believe that— i: the person has an item or substance hidden or in clear view on or about his or her person that is evidence of an offence against an enactment specified in subsection (1); and ii: the item or substance poses a threat to the safety of the officer or any other person; and iii: immediate action is necessary to address the threat. 1B: An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to— a: arrest a person under subsection (1): b: search a person under subsection (1A): c: seize an item or substance under subsection (1A). 1C: To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972 1D: An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1A)(b). 2: Any person called upon to do so by an aviation security officer is justified in assisting him or her in good faith to arrest any person. 3: An aviation security officer shall as soon as may be practicable deliver any person he or she arrests , and any item or substance he or she seizes, constable 4: An aviation security officer may seize an item or substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against an enactment specified in subsection (1). 1964 No 68 s 21F 1976 No 153 s 4 Section 85 heading amended 26 September 2007 section 16(1) Civil Aviation Amendment Act 2007 Section 85(1)(a) amended 26 September 2007 section 16(2) Civil Aviation Amendment Act 2007 Section 85(1A) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(1B) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(1C) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(1D) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 85(3) amended 26 September 2007 section 16(4) Civil Aviation Amendment Act 2007 Section 85(4) added 26 September 2007 section 16(5) Civil Aviation Amendment Act 2007 86: Arrest of persons delivered to Police 1: A constable section 54 section 85(1) 2: A constable 3: An aviation security officer who detains any person in accordance with the provisions of section 84(6) constable 1964 No 68 s 21G 1976 No 153 s 4 Section 86(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 86(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 86(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 87: Powers of Police Every constable 1964 No 68 s 21H 1976 No 153 s 4 Section 87 amended 1 October 2008 section 116(a)(vii) Policing Act 2008 8A: International air services licensing Part 8A inserted 13 August 1996 Civil Aviation Amendment Act 1996 87A: Interpretation In this Part,— capacity a: with respect to the transport of passengers, the number of seats provided per week on each route followed (expressed either as a number of seats or in terms of aircraft equivalents); and b: with respect to the transport of cargo, the amount of cargo space provided per week on each route followed (expressed in terms of cargo aircraft equivalents) foreign international airline licensee New Zealand international airline scheduled international air service ; and, in relation to a New Zealand international airline, includes a seventh freedom service seventh freedom service a: the airline is designated by New Zealand under the air services agreement (or similar arrangement) between New Zealand and each country or territory in which the service is being performed; and b: the service is performed according to the traffic rights allocated to the airline under those agreements (or arrangements); and c: the service is a scheduled service. Section 87A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 87A scheduled international air service amended 1 June 2002 section 22(1) Civil Aviation Amendment Act 2002 Section 87A seventh freedom service added 1 June 2002 section 22(2) Civil Aviation Amendment Act 2002 87B: Scheduled international air service not to be carried on No person shall carry on in New Zealand any scheduled international air service otherwise than pursuant to and in conformity with the terms of a scheduled international air service licence or, as the case may be, an open aviation market licence. Section 87B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 87B heading amended 1 June 2002 section 23 Civil Aviation Amendment Act 2002 87C: Application for licence 1: Every application for a licence under this Part shall be lodged with the Secretary. 2: Every applicant for a licence shall, when making the application,— a: supply such information and documents as may be required by regulations made under this Act or as may be specified by the Secretary; and b: pay the prescribed fees and charges (if any). Section 87C inserted 13 August 1996 Civil Aviation Amendment Act 1996 Scheduled international air service licences for New Zealand international airlines Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87D: Minister to be licensing authority for New Zealand international airlines The Minister shall be the licensing authority to grant scheduled international air service licences to New Zealand international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part. Section 87D inserted 13 August 1996 Civil Aviation Amendment Act 1996 87E: Notice of application 1: Where an application for a scheduled international air service licence is lodged by a New Zealand international airline in accordance with section 87C Gazette 2: Every notice under this section shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application. Section 87E inserted 13 August 1996 Civil Aviation Amendment Act 1996 87F: Consideration of application for scheduled international air service licence by New Zealand international airline 1: In considering any application for a scheduled international air service licence made by a New Zealand international airline the Minister shall take into account the following matters: a: any relevant international agreement, convention, or arrangement to which New Zealand is a party: b: the safety and security requirements of the Director: c: the financial ability of the applicant to carry on the proposed service: d: the likelihood of the applicant carrying on the proposed service satisfactorily: e: any written representations received by the Minister in relation to the application: f: such other matters as the Minister thinks fit. 2: If the granting of the licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)(a), the Minister shall refuse to grant the licence. Section 87F inserted 13 August 1996 Civil Aviation Amendment Act 1996 87G: Scheduled international air service licence may be granted subject to conditions 1: The Minister, after giving consideration to the application in accordance with section 87F 2: The scheduled international air service licence shall be in such form as the Minister thinks fit. 3: Without prejudice to the generality of subsection (1), the Minister, in granting any scheduled international air service licence, may prescribe, in respect of the scheduled international air service,— a: the countries or territories, or points within those countries or territories, that may be served and the route or routes that may be followed: b: the maximum capacity that may be provided: c: a date not later than which the service shall be commenced. Section 87G inserted 13 August 1996 Civil Aviation Amendment Act 1996 87H: Duration of scheduled international air service licence 1: Every scheduled international air service licence granted under section 87G 2: Where an application is made under section 87I Section 87H inserted 13 August 1996 Civil Aviation Amendment Act 1996 87I: Renewal of scheduled international air service licence 1: The Minister may, from time to time, renew a scheduled international air service licence granted under section 87G 2: Every application for the renewal of a scheduled international air service licence granted under section 87G 3: Section 87C(2) 4: The Secretary shall give notice in the Gazette 5: The notice given under subsection (4) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application. 6: No person shall be entitled as of right to a renewal of a scheduled international air service licence, and in considering any application for a renewal the Minister shall take into account all the matters referred to in section 87F 7: The renewal of the licence shall take effect from the date of the expiry of the licence for which the renewal is granted, and may be for such term as the Minister considers appropriate in the particular case. Section 87I inserted 13 August 1996 Civil Aviation Amendment Act 1996 87J: Variation of terms and conditions of scheduled international air service licence 1: The Minister, while a scheduled international air service licence granted under section 87G 2: Where the Minister, on the Minister's own motion, proposes to exercise the power conferred on the Minister by subsection (1), the Minister shall give the licensee not less than 21 clear days' notice in writing of the Minister's intention to exercise that power. 3: Where any proposed variation involves— a: a change or addition to the route or routes to be operated; or b: an increase in the capacity of the service to be provided— pursuant to the licence, the Secretary shall, by notice in the Gazette 4: The notice given under subsection (3) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations regarding the proposed variation. 5: In considering any application referred to in subsection (3), the Minister shall take into account all the matters referred to in section 87F 6: Where the Minister has varied the terms or conditions of any scheduled international air service licence under this section, the Minister shall give notice in the Gazette Section 87J inserted 13 August 1996 Civil Aviation Amendment Act 1996 87K: Transfer of scheduled international air service licence 1: Any scheduled international air service licence granted under section 87G 2: Every application for the transfer of a scheduled international air service licence shall be lodged with the Secretary not less than 3 months before the date of the proposed transfer. 3: The Secretary shall give notice in the Gazette 4: The notice given under subsection (3) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application. 5: In considering the application for the transfer of the licence the Minister shall take into account all the matters referred to in section 87F Section 87K inserted 13 August 1996 Civil Aviation Amendment Act 1996 Scheduled international air service licences for foreign international airlines Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87L: Secretary to be licensing authority for foreign international airlines 1: Subject to subsection (2), the Secretary shall be the licensing authority to grant scheduled international air service licences to foreign international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part. 2: Where the applicant for a scheduled international air service licence is a foreign international airline of a country or territory with which New Zealand does not have an air service agreement or similar arrangement, the application shall be referred to the Minister for determination in accordance with sections 87M to 87O Section 87L inserted 13 August 1996 Civil Aviation Amendment Act 1996 87M: Consideration of application for scheduled international air service licence by foreign international airline 1: In considering any application for a scheduled international air service licence made by a foreign international airline the Secretary shall take into account the following matters: a: any relevant air services agreement and associated arrangements, and any other international agreement, convention, or arrangement to which New Zealand is a party: b: the safety and security requirements of the Director: c: such other matters as the Minister thinks fit and has determined in writing should be taken into account. 2: If the granting of the licence would be contrary to any agreement, arrangement, or convention referred to in subsection (1)(a), the Secretary shall refuse to grant the licence. Section 87M inserted 13 August 1996 Civil Aviation Amendment Act 1996 87N: Scheduled international air service licence may be granted subject to conditions 1: The Secretary, after giving consideration to the application in accordance with section 87M 2: The scheduled international air service licence shall be in such form as the Secretary thinks fit. 3: Without prejudice to the generality of subsection (1), the Secretary, in granting any scheduled international air service licence, may prescribe, in respect of the scheduled international air service,— a: the countries or territories, or points within those countries or territories that may be served and the route or routes that may be followed: b: the maximum capacity that may be provided: c: the date not later than which the service shall be commenced. 4: Where the Secretary grants a licence in accordance with this section, the Secretary shall give notice in the Gazette Section 87N inserted 13 August 1996 Civil Aviation Amendment Act 1996 87O: Duration of scheduled international air service licence 1: Every scheduled international air service licence granted under section 87N 2: Where an application is made under section 87P Section 87O inserted 13 August 1996 Civil Aviation Amendment Act 1996 87P: Renewal of scheduled international air service licence 1: The Secretary may, from time to time, renew a scheduled international air service licence granted under section 87N 2: Every application for the renewal of a scheduled international air service licence granted under section 87N 1 month 3: Section 87C(2) 4: No person shall be entitled as of right to a renewal of a scheduled international air service licence, and in considering any application for a renewal the Secretary shall take into account all the matters referred to in section 87M 5: The renewal of the licence shall take effect from the date of the expiry of the licence for which the renewal is granted and may be for such term as the Secretary considers appropriate in the particular case or, if the Secretary thinks fit, for an indefinite term. Section 87P inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 87P(2) amended 1 June 2002 section 24 Civil Aviation Amendment Act 2002 87Q: Variation of terms and conditions of scheduled international air service licence 1: The Secretary, while a scheduled international air service licence granted under section 87N 2: Where the Secretary, on the Secretary's own motion, proposes to exercise the power conferred on the Secretary by subsection (1), the Secretary shall give the licensee not less than 21 clear days' notice in writing of the Secretary's intention to exercise that power. 3: Where any application under subsection (1) seeks approval for— a: a change or addition to the route or routes to be operated; or b: an increase in the capacity of the service to be provided— pursuant to the licence, the Secretary shall take into account all the matters referred to in section 87M 4: Where the Secretary has varied the terms or conditions of any licence under this section, the Secretary shall give notice in the Gazette Section 87Q inserted 13 August 1996 Civil Aviation Amendment Act 1996 Open aviation market licences Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87R: Minister may designate countries or territories for open aviation market licences The Minister may from time to time, by notice in the Gazette a: scheduled international air services; and b: non-scheduled international flights engaged in the carriage of passengers, cargo, or mail for remuneration or hire— may be carried on pursuant to and in conformity with an open aviation market licence. Section 87R inserted 13 August 1996 Civil Aviation Amendment Act 1996 87S: Secretary to be licensing authority for open aviation market licences The Secretary shall be the licensing authority to grant open aviation market licences to New Zealand international airlines and foreign international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part. Section 87S inserted 13 August 1996 Civil Aviation Amendment Act 1996 87T: Consideration of application for open aviation market licence 1: In considering an application for an open aviation market licence made by a New Zealand international airline or a foreign international airline the Secretary shall take into account the following matters: a: any relevant air services agreement and associated arrangements, and any other international agreement, convention, or arrangement to which New Zealand is a party: b: the safety and security requirements of the Director: c: such other matters as the Minister thinks fit and has determined in writing should be taken into account. 2: If the granting of the open aviation market licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)(a), the Secretary shall refuse to grant the licence. Section 87T inserted 13 August 1996 Civil Aviation Amendment Act 1996 87U: Open aviation market licence may be granted subject to conditions 1: The Secretary, after giving consideration to the application in accordance with section 87T 2: Without prejudice to the generality of subsection (1), the Secretary, in granting any open aviation market licence, shall prescribe, in respect of any scheduled international air service and non-scheduled international flight carried on pursuant to the licence, the countries or territories that may be served. 3: The open aviation market licence shall be in such form as the Secretary thinks fit. 4: Where the Secretary grants an open aviation market licence under this section, the Secretary shall give notice in the Gazette Section 87U inserted 13 August 1996 Civil Aviation Amendment Act 1996 87V: Duration of open aviation market licence 1: Every open aviation market licence granted under section 87U 2: Where an application is made under section 87W Section 87V inserted 13 August 1996 Civil Aviation Amendment Act 1996 87W: Renewal of open aviation market licence 1: The Secretary may, from time to time, renew an open aviation market licence granted under section 87U 2: Every application for the renewal of an open aviation market licence granted under section 87U 3: Section 87C(2) 4: No person shall be entitled as of right to a renewal of an open aviation market licence, and in considering any application for a renewal the Secretary shall take into account all the matters referred to in section 87T 5: The renewal of the open aviation market licence shall take effect from the date of expiry of the licence for which the renewal is granted and may be for such term as the Secretary considers appropriate in the particular case or, in respect of a foreign international airline, if the Secretary thinks fit, for an indefinite term. Section 87W inserted 13 August 1996 Civil Aviation Amendment Act 1996 87X: Variation of terms and conditions of open aviation market licence 1: The Secretary, while an open aviation market licence granted under section 87U 2: Where the Secretary, on the Secretary's own motion, proposes to exercise the power conferred on the Secretary by subsection (1), the Secretary shall give the licensee not less than 21 clear days' notice in writing of the Secretary's intention to exercise that power. 3: Where any application under subsection (1) seeks approval for a change or addition to the country or countries, or territory or territories, to be served pursuant to the open market aviation licence, the Secretary shall take into account all the matters referred to in section 87T 4: Where the Secretary has varied the terms or conditions of an open aviation market licence under this section, the Secretary shall give notice in the Gazette Section 87X inserted 13 August 1996 Civil Aviation Amendment Act 1996 87Y: Transfer of open aviation market licence 1: Any open aviation market licence granted to a New Zealand international airline under section 87U 2: Every application for the transfer of an open aviation market licence shall be lodged with the Secretary not less than 3 months before the date of the proposed transfer. 3: In considering the application for the transfer of the licence the Secretary shall take into account all the matters referred to in section 87T 4: Where the Secretary transfers any open aviation market licence under this section, the Secretary shall give notice in the Gazette Section 87Y inserted 13 August 1996 Civil Aviation Amendment Act 1996 87Z: Holder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE The holder of an open aviation market licence under this Part shall be entitled to carry on, to or from the countries or territories that may be served pursuant to the licence as prescribed under section 87U(2) section 87ZE Section 87Z inserted 13 August 1996 Civil Aviation Amendment Act 1996 Requirements on licensees Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZA: Insurance cover against liability The Minister or the Secretary, as the case may be, may, before granting or renewing any licence, or at any other time while the licence is in force, call upon the applicant or the licensee, as the case may be, to furnish to the satisfaction of the Minister or the Secretary, as the case may be, proof that the liability of the applicant or the licensee which may arise out of or in connection with the operation of the service in respect of the death of or bodily injury to any person and in respect of loss of or damage to any property is covered by insurance. Section 87ZA inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZB: Returns to be furnished Every person carrying on a scheduled international air service or non-scheduled international flight pursuant to a licence shall furnish to the Secretary such financial and statistical returns and statements as the Secretary may from time to time require by notice in writing addressed to that person. Section 87ZB inserted 13 August 1996 Civil Aviation Amendment Act 1996 Suspension and revocation of licences Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZC: Suspension of licences Where the Minister is satisfied that a licensee has wilfully committed a breach of any of the conditions of a licence granted under this Part, the Minister may suspend the licence for such period as the Minister thinks fit. Section 87ZC inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZD: Revocation of licences The Minister may revoke a licence granted under this Part if— a: the service authorised by the licence is not commenced on the date specified in the licence; or b: the Minister is satisfied that the service authorised by the licence is not being carried on in conformity with the terms and conditions of the licence; or c: the service authorised by the licence has been terminated; or d: the licence has been granted under or in accordance with any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country (whether or not any other Government is also a party thereof) and that convention, agreement, or arrangement has been terminated or has ceased to bind the Government of New Zealand or the Government of that other country; or e: the licence has been granted under or in accordance with any such convention, agreement, or arrangement referred to in paragraph (d) and circumstances have occurred or any condition has been fulfilled whereby the Minister, or the Government of New Zealand, has become entitled under or in accordance with the convention, agreement, or arrangement, to revoke the licence. Section 87ZD inserted 13 August 1996 Civil Aviation Amendment Act 1996 Non-scheduled international flights Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZE: Commercial non-scheduled international flights not to be operated except as authorised by Secretary 1: Subject to section 87Z 2: For the purposes of this section, the Minister may issue guidelines to the Secretary for the regulation of flights described in subsection (1). 3: The Minister may from time to time review and amend the guidelines referred to in subsection (2). 4: The Secretary shall, when requested by any person, make a copy of the guidelines issued in accordance with subsection (2) available to that person. Section 87ZE inserted 13 August 1996 Civil Aviation Amendment Act 1996 Miscellaneous provisions Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZF: Provisions of this Part in addition to requirements of regulations and rules No aircraft being used in connection with any scheduled international air service pursuant to a licence granted under this Part or a non-scheduled international flight shall, by virtue of its being used in connection with that service or flight, be exempt from the operation of any regulation or rules made under this Act. Section 87ZF inserted 13 August 1996 Civil Aviation Amendment Act 1996 87ZG: This Part not in force in Tokelau Except as may be provided in regulations made under section 4 Section 87ZG inserted 13 August 1996 Civil Aviation Amendment Act 1996 9: International air carriage competition 88: Authorisation of contracts, arrangements, and understandings relating to international carriage by air 1: In this section and in sections 89 to 91 capacity commission regime a: international carriage by air provided by different airlines: b: international carriage by air arranged by persons of different classes: c: international carriage by air provided for persons of different classes international carriage by air a: between New Zealand and any place outside New Zealand; or b: where that carriage is purchased, sold, or arranged in New Zealand, between places outside New Zealand tariff a: the fares, rates, and charges applicable to international carriage by air between specified points (whether direct or indirect, and whether or not including any stopovers) that may at any time be provided by the airlines to which it is expressed to apply; and b: any conditions subject to which any such fares, rates, and charges, or any of them, are to apply to international carriage by air between those points; and c: any conditions subject to which international carriage by air between those points is to be provided on such fares, rates, and charges. 2: The Minister may from time to time specifically authorise all or any provisions of a contract, arrangement, or understanding made between 2 or more persons in respect of international carriage by air and related to such carriage so far as the provisions relate, whether directly or indirectly, to the fixing of tariffs, the application of tariffs, or the fixing of capacity, or any combination thereof. 3: In considering whether to grant authorisation under subsection (2), the Minister shall ensure that the granting of such authorisation will not prejudice compliance with any relevant international convention, agreement, or arrangement to which the Government of New Zealand is a party. 4: Subject to subsection (5), authorisation shall not be given under this section to any provision of any contract, arrangement, or understanding that— a: provides that any party to it may directly or indirectly enforce it through any form of action by way of fines or market pressures against any person, whether or not that person is a party to the contract, arrangement, or understanding; or b: has the purpose or effect of breaching the terms of a commission regime issued under section 89 c: unjustifiably discriminates between consumers of international air services in the access they have to competitive tariffs; or d: so far as it relates to tariffs, has the effect of excluding any supplier of international carriage by air from participating in the market to which it relates; or e: has the purpose or effect of preventing any party from seeking approval, in terms of section 90 f: prevents any party from withdrawing without penalty on reasonable notice from the contract, arrangement, or understanding. 5: Notwithstanding the provisions of subsection (4), the Minister may authorise any provision of any contract, arrangement, or understanding under this section if the Minister believes that to decline authorisation would have an undesirable effect on international comity between New Zealand and any other State. 6: If the Minister declines to authorise any provision of any contract, arrangement, or understanding under this section, the Minister shall give notice in the Gazette 1964 No 68 s 29A 1982 No 175 s 2(1) 1987 No 12 s 2(1) 89: Minister may issue commission regimes 1: The Minister may from time to time, by notice a: issue commission regimes; and b: amend or revoke any commission regime so issued. 2: A notice under this section is secondary legislation ( see Part 3 1964 No 68 s 29B 1987 No 12 s 2(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 89(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 90: Authorisation of tariffs by Minister 1: The Minister may from time to time specially authorise any tariff in respect of international carriage by air where the relevant places of departure and destination are within the territories of 2 countries, one of which is New Zealand, whether or not there is to be a break in the carriage or a transhipment. 2: In giving authorisation under this section the Minister shall have regard to— a: whether the proposed tariff is excessive in terms of a reasonable return on investment by the supplier of the carriage; and b: whether it is likely that supply of the relevant carriage can be carried on for a reasonable period at the level of tariff proposed; and c: whether there is likely to be a substantial degree of benefit accruing to consumers generally, or to a significant group of consumers, as a result of the application of the proposed tariff,— and shall ensure that the granting of such authorisation will not prejudice compliance with any international convention, agreement, or arrangement to which the Government of New Zealand is a party. 1964 No 68 s 29C 1987 No 12 s 2(1) 91: Application of Commerce Act 1986 1: Nothing in sections 27 to 30 a: the negotiation or conclusion of any contract, arrangement, or understanding so far as it contains a provision relating to international carriage by air, so long as that provision is not given effect to before its authorisation under section 88 b: any provision of a contract, arrangement, or understanding relating to international carriage by air so long as it is not given effect to before its authorisation under section 88 2: Every authorisation by the Minister under section 88 section 90 section 89 section 43 1964 No 68 s 29D 1987 No 12 s 2(1) Section 91(1) amended 15 August 2017 section 35 Commerce (Cartels and Other Matters) Amendment Act 2017 9A: International carriage by air Part 9A inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91A: Interpretation In this Part, unless the context otherwise requires,— Additional Protocol No 1 Additional Protocol No 2 the amended Convention Schedule 4 a: the Hague Protocol: b: Additional Protocols Nos 1 and 2, and Protocol No 4 court the Guadalajara Convention Schedule 5 the Hague Protocol High Contracting Party Article 40A Montreal Convention Schedule 6 Protocol No 4 the Warsaw Convention 1967 No 151 s 5 1990 No 102 s 2 Section 91A inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91A court substituted 4 November 2003 section 25(1) Civil Aviation Amendment Act 2002 Section 91A Montreal Convention inserted 4 November 2003 section 25(2) Civil Aviation Amendment Act 2002 91B: Application of Guadalajara Convention In this Part, references to the amended Convention or to any Article of that Convention are, where applicable and subject to any necessary modifications, to be read as references to that Convention or Article as supplemented by the Guadalajara Convention. 1967 No 151 s 6 Section 91B inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91C: Conventions to have force of law 1: The provisions of the Montreal Convention, the Montreal Convention, 2: Despite subsection (1), the provisions of the Montreal Convention, 3: The provisions of the Montreal Convention, 4: The provisions of the Montreal Convention, 5: Each version of Article 22 of the amended Convention 1967 No 151 s 7(1) Section 91C inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91C(1) amended 4 November 2003 section 26(1)(a) Civil Aviation Amendment Act 2002 Section 91C(1) amended 4 November 2003 section 26(1)(b) Civil Aviation Amendment Act 2002 Section 91C(2) amended 4 November 2003 section 26(2) Civil Aviation Amendment Act 2002 Section 91C(3) amended 4 November 2003 section 26(3) Civil Aviation Amendment Act 2002 Section 91C(4) amended 4 November 2003 section 26(4) Civil Aviation Amendment Act 2002 Section 91C(5) amended 4 November 2003 section 26(5) Civil Aviation Amendment Act 2002 91D: Inconsistency between French and English texts 1: If there is any inconsistency between the English text of the amended Convention which is set out in Schedule 4 2: If there is any inconsistency between the English text of the Guadalajara Convention which is set out in Schedule 5 3: A certificate may be given by or on behalf of the Secretary of Foreign Affairs and Trade stating that a document to which the certificate is annexed is a true copy of the authentic text in the French language of 1 or more of the following: a: Additional Protocol No 1: b: Additional Protocol No 2: c: the Guadalajara Convention: d: the Hague Protocol: e: Protocol No 4: f: the Warsaw Convention. 4: Any certificate given under subsection (3) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the matters stated in the certificate. 1967 No 151 s 7(2) Section 91D inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91E: Fatal accidents References in section 4 Article 17(1) of the Montreal Convention Article 17 of the amended Convention 1967 No 151 s 9 Section 91E inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91E amended 4 November 2003 section 27 Civil Aviation Amendment Act 2002 91F: Contributory negligence For the purposes of Article 20 Article 21 of the amended Convention Contributory Negligence Act 1947 1967 No 151 s 12 Section 91F inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91F amended 4 November 2003 section 28 Civil Aviation Amendment Act 2002 91G: Limitation of liability 1: The limitations on liability referred to in Articles 21 and 22 of the Montreal Convention or a: those limitations apply where proceedings are brought by a tortfeasor to obtain contribution from another tortfeasor if the tortfeasor from whom contribution is sought is the carrier or a servant or agent of the carrier; and b: the limitation for each passenger referred to in Article 21 of the Montreal Convention or of the amended Convention 2: A court before which proceedings are brought to enforce a liability which is limited by Article 21 or Article 22 of the Montreal Convention or a: the provisions of Article 21 or Article 22 of the Montreal Convention or b: any other proceedings which have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part. 3: A court before which proceedings are brought to enforce a liability that is limited by Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention has jurisdiction, where the liability is, or may be, partly enforceable in other proceedings in New Zealand or elsewhere, to— a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or b: make any part of its award conditional on the result of any other proceedings. 4: The provisions of subsection (3) do not limit the powers conferred on a court by subsection (2). 5: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention Article 25A of the amended Convention Articles V and VI of the Guadalajara Convention 1967 No 151 s 10(1), (2), (3), (5) Section 91G inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91G(1) amended 4 November 2003 section 29(1) Civil Aviation Amendment Act 2002 Section 91G(1)(b) amended 4 November 2003 section 29(2)(a) Civil Aviation Amendment Act 2002 Section 91G(1)(b) amended 4 November 2003 section 29(2)(b) Civil Aviation Amendment Act 2002 Section 91G(2) amended 1 December 2004 section 11(1) Civil Aviation Amendment Act (No 2) 2004 Section 91G(2) amended 4 November 2003 section 29(3) Civil Aviation Amendment Act 2002 Section 91G(2)(a) amended 1 December 2004 section 11(1) Civil Aviation Amendment Act (No 2) 2004 Section 91G(2)(a) amended 4 November 2003 section 29(4)(a) Civil Aviation Amendment Act 2002 Section 91G(2)(a) amended 4 November 2003 section 29(4)(b) Civil Aviation Amendment Act 2002 Section 91G(3) substituted 1 December 2004 section 11(2) Civil Aviation Amendment Act (No 2) 2004 Section 91G(5) amended 4 November 2003 section 29(6) Civil Aviation Amendment Act 2002 91H: Value of special drawing right 1: For the purposes of Article 23 of the Montreal Convention or a: the date of judgment; or b: any other relevant date; or c: if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed. 2: For the purposes of subsection (1), a certificate may be given by or on behalf of the Secretary to the Treasury stating that— a: a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or b: no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date. 3: Any certificate given under subsection (2) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the value of 1 special drawing right in terms of the New Zealand currency for the purposes of subsection (1). 4: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention 1967 No 151 s 10(4), (4A), (5) 1990 No 102 s 4 Section 91H inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91H(1) amended 4 November 2003 section 30(1) Civil Aviation Amendment Act 2002 Section 91H(4) amended 4 November 2003 section 30(2) Civil Aviation Amendment Act 2002 91I: Time for bringing proceedings 1: No action against a carrier's servant or agent, which arises out of damage to which this Part relates, may be brought after more than 2 years if the servant or agent was acting within the scope of that person's employment. 2: For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates: a: the date of arrival at the destination: b: the date the aircraft ought to have arrived: c: the date carriage stopped. 3: Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors. 4: Despite subsection (3), no action may be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 35 of the Montreal Convention or Article 29 of the amended Convention 5: Subsections (1) to (4) and the provisions of Article 35 of the Montreal Convention and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration. 6: Subsections (7) and (8) (which determine the time at which an arbitration is deemed to have commenced) apply for the purposes of subsection (5). 7: An arbitration (whether under an enactment or under an arbitration agreement) must be treated as being commenced in the same manner as provided in Article 21 of Schedule 1 8: If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by this section for the commencement of civil proceedings (including arbitration) with respect to the dispute referred. 9: Subsections (6) to (8) do not limit or affect section 39 1967 No 151 s 11 Section 91I inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91I(3) substituted 4 November 2003 section 31(1) Civil Aviation Amendment Act 2002 Section 91I(4) amended 4 November 2003 section 31(2) Civil Aviation Amendment Act 2002 Section 91I(5) substituted 1 January 2011 section 58 Limitation Act 2010 Section 91I(6) added 1 January 2011 section 58 Limitation Act 2010 Section 91I(7) added 1 January 2011 section 58 Limitation Act 2010 Section 91I(8) added 1 January 2011 section 58 Limitation Act 2010 Section 91I(9) added 1 January 2011 section 58 Limitation Act 2010 91J: Actions against High Contracting Parties 1: Every High Contracting Party to the amended Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2). 2: Subsection (1) applies where any action is brought in a court in New Zealand by a High Contracting Party in accordance with the provisions of Article 28 of the amended Convention or Article VIII of the Guadalajara Convention to enforce a claim in respect of carriage undertaken by that Party. 3: Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on. 4: Nothing in this section authorises the issue of execution against the property of any High Contracting Party. 5: Subsection (1) does not apply to any High Contracting Party to the amended Convention which has availed itself of the provisions of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4 1967 No 151 s 14 Section 91J inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91JA: Actions against Parties to Montreal Convention 1: Every Party to the Montreal Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2). 2: Subsection (1) applies if any action is brought in a court in New Zealand by a Party to the Montreal Convention in accordance with Article 46 of the Montreal Convention to enforce a claim in respect of carriage undertaken by that Party. 3: Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on. 4: Nothing in this section authorises the issue of execution against the property of any Party to the Montreal Convention. Section 91JA inserted 4 November 2003 section 32 Civil Aviation Amendment Act 2002 91K: Designation of Parties 1: The Governor-General may from time to time, by Order in Council, certify— a: the identity of— i: the High Contracting Parties to the amended Convention; or ii: the Parties to the Guadalajara Convention; or iii: the Parties to the Hague Protocol; or iv: the Parties to Additional Protocol No 1; or v: the Parties to Additional Protocol No 2; or vi: the Parties to Protocol No 4; or vii: the High Contracting Parties to the Warsaw Convention; or viii: the Parties to the Montreal Convention; or b: the territories in respect of which the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) c: to what extent the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), or (vii) have availed themselves of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4 2: An Order in Council under this section is, except in so far as it has been superseded by a subsequent order, sufficient evidence of the matters so certified. 3: An Order in Council under this section may contain such transitional and other consequential provisions as the Governor-General considers to be desirable. 4: An Order in Council under this section certifying who are the High Contracting Parties to the amended Convention or the Parties to the Guadalajara Convention or the Parties to the Hague Protocol or the Parties to Additional Protocol No 1 or No 2 or to Protocol No 4 or the High Contracting Parties to the Warsaw Convention or the Parties to the Montreal Convention 5: An order under this section is secondary legislation ( see Part 3 1967 No 151 s 8(1), (3), (4), (5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under 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 91K inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91K(1)(a)(viii) added 4 November 2003 section 33(1) Civil Aviation Amendment Act 2002 Section 91K(1)(b) amended 4 November 2003 section 33(2) Civil Aviation Amendment Act 2002 Section 91K(4) amended 4 November 2003 section 33(3) Civil Aviation Amendment Act 2002 Section 91K(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 91L: Article 40A of amended Convention 1: Paragraph (2) of Article 40A of the amended Convention does not extend references in the amended Convention to the territory of a High Contracting Party to include any territory in respect of which that High Contracting Party is not a Party. 2: Subsection (1) does not apply to references in the amended Convention to the territory of any State, whether a High Contracting Party or not. 1967 No 151 s 8(2) Section 91L inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91M: Power to exclude aircraft in use for military purposes 1: The Governor-General may from time to time, by Order in Council, direct that subsection (2) applies or ceases to apply to New Zealand or any other State specified in the order. 2: The Montreal Convention or the amended Convention do 3: An order under this section is secondary legislation ( see Part 3 1967 No 151 s 13 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 91M inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91M(2) amended 4 November 2003 section 34 Civil Aviation Amendment Act 2002 Section 91M(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional provisions Heading inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91N: Occurrences before commencement of this Part This Part does not apply so as to affect rights or liabilities arising out of an occurrence before the commencement of this Part. 1967 No 151 s 15(1) Section 91N inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91O: High Contracting Parties not Party to Hague Protocol 1: Subsection (2) applies where, by reason of the fact that any High Contracting Party to the Warsaw Convention is not a Party to the Hague Protocol, the amended Convention is not applicable to any carriage by air. 2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the Carriage by Air Act 1940 3: Despite subsection (2), if the Guadalajara Convention applies to carriage by air where that subsection applies, the applicable law includes the provisions of that Convention which have the force of law in New Zealand under section 91C 4: For the purposes of subsections (2) and (3), section 3 of the Carriage by Air Act 1940 5: Despite subsection (2), if Additional Protocol No 1 applies to carriage by air where that subsection applies, the applicable law includes— a: the provisions of Article 22 of the Warsaw Convention as substituted by Additional Protocol No 1; and b: the provisions of section 91H 1967 No 151 s 15(2), (3) Section 91O inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91P: High Contracting Parties not Party to Montreal Protocols 1: Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is not a Party to any of Additional Protocols Nos 1 and 2 and Protocol No 4, the amended Convention is not applicable to any carriage by air. 2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if Part 1 and Schedules 1 and 2 of the Carriage by Air Act 1967 Section 91P inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91Q: High Contracting Parties not Party to Protocol No 4 1: Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is a Party to Additional Protocol No 2 but not Protocol No 4, Protocol No 4 is not applicable to any carriage by air. 2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the amended Convention had not included the amendments inserted by Protocol No 4. Section 91Q inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91R: High Contracting Parties not Party to Protocol No 2 1: Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is a Party to Protocol No 4 but not Additional Protocol No 2, Additional Protocol No 2 is not applicable to any carriage by air. 2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the amended Convention had not included the amendments inserted by Protocol No 2. Section 91R inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91RA: High Contracting Party or Party not Party to Montreal Convention 1: Subsection (2) applies if, by reason of the fact that any High Contracting Party or Party, as the case may be, is not a party to the Montreal Convention, the Montreal Convention does not apply. 2: If this subsection applies and the High Contracting Party or Party referred to in subsection (1) is a party to the Warsaw Convention or to the Hague Protocol or to Additional Protocol No 1 or Additional Protocol No 2 or to Protocol 4, the law applicable to any carriage by air is the law referred to in whichever of the following sections that is applicable to that High Contracting Party or Party: a: sections 91A to 91M sections 25 to 37 b: section 91O c: section 91P d: section 91Q e: section 91R 3: Subsection (4) applies if a High Contracting Party to the amended Convention is not a party to the Montreal Convention. 4: If this subsection applies,— a: the law applicable to any carriage by air is the law set out in the amended Convention; and b: each version of Article 22 of the amended Convention Schedule 4 Section 91RA inserted 4 November 2003 section 35 Civil Aviation Amendment Act 2002 91S: Currency equivalent notices 1: The Minister of Finance may from time to time, by notice in the Gazette Schedule 1 of the Carriage by Air Act 1967 2: The Carriage by Air (New Zealand Currency Equivalents) Notice (No 2) 1998 1967 No 151 s 10(4) Section 91S inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 91T: Regulations 1: The Governor-General may from time to time, by Order in Council,— a: prescribe any advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention: b: prescribe any arrangements for making advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention: c: amend Schedule 6 d: revoke Schedule 6 2: 3: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration. 4: The following are secondary legislation ( see Part 3 a: an order under subsection (1): b: regulations under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under 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 91T inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91T(1)(a) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(1)(b) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(1)(c) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(1)(d) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 91T(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 9B: Domestic carriage by air Part 9B inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91U: Interpretation 1: In this Part, unless the context otherwise requires,— actual carrier a: performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but b: is not, in relation to that carriage, a successive carrier aeroplane carrier contract contracting carrier a: means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and b: includes a successive carrier international carriage a: within the territories of 2 countries; or b: within the territory of a single country if there is an agreed stopping place within the territory of another country passenger a: assigned by the carrier for duty as a member of the crew of the aeroplane; or b: carried for the sole purpose of receiving or giving instruction in the control or navigation of an aeroplane in flight successive carrier a: is performed by 2 or more persons in successive stages; and b: has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts. 2: If any question arises as to whether or not an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed. 1967 No 151 s 18 Section 91U inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91V: Application of this Part 1: This Part applies to any carriage by air (other than international carriage) in which, according to the contract between the parties,— a: the place of departure and the place of destination are both in New Zealand; and b: there is no agreed stopping place outside New Zealand. 2: Subsection (1) applies even if— a: the aeroplane in which the carriage takes place is at the same time engaged in international carriage; or b: the contract for the carriage of any passenger is made without consideration. 3: This section applies subject to section 91W 1967 No 151 s 19(1) Section 91V inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91W: Exclusions 1: This Part does not apply to any carriage by air by an aeroplane while it is being used solely for military purposes by the Armed Forces. 2: This Part does not apply to any carriage by air on a single flight in respect of which, according to the contract between the parties, the place of departure and the intended place of destination are the same. 1967 No 151 s 19(3), (4) Section 91W inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91X: Provisions if carriage performed by actual carrier 1: If the whole or any part of any carriage to which this Part applies is performed by an actual carrier,— a: both the contracting carrier and the actual carrier are subject to any liability imposed by this Part as follows: i: the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and ii: the actual carrier is liable solely in respect of the carriage that the actual carrier performs: b: the acts and omissions of the actual carrier, and of the actual carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the contracting carrier: c: the acts and omissions of the contracting carrier, and of the contracting carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the actual carrier: d: any special agreement under which the contracting carrier assumes obligations not imposed by this Part, or any waiver of rights conferred by this Part, does not affect the actual carrier unless agreed to by the actual carrier. 2: An act or omission specified in subsection (1)(c) does not subject the actual carrier to liability exceeding the limits specified in section 91ZC 1967 No 151 s 20 Section 91X inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91Y: Provisions if carriage performed by successive carriers If carriage is performed or is to be performed by successive carriers, the contracting carrier who is liable is the successive carrier who performed or was to perform the carriage where the delay occurred. 1967 No 151 s 21 Section 91Y inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91Z: Liability of carrier in respect of delay 1: A carrier is liable for damage caused by delay in the carriage of passengers. 2: Despite subsection (1), a carrier is not liable for damage caused by delay if the carrier proves that the delay— a: arose by reason of— i: meteorological conditions; or ii: compliance with instructions, advice, or information given by an air traffic control service; or iii: obedience to orders or directions given by a lawful authority; or b: was made necessary by force majeure c: was necessary for the purpose of saving or attempting to save life. 1967 No 151 s 25 Section 91Z inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZA: Avoidance of liability The carrier is not liable under this Part if the carrier proves that— a: the carrier, or the carrier's servants or agents, had taken all necessary measures to avoid the damage; or b: it was not possible for the carrier, or the carrier's servants or agents, to have taken those measures. 1967 No 151 s 26 Section 91ZA inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZB: Contributory negligence If the carrier proves that the damage was caused, or contributed to, by the negligence of the passenger, the court may, in accordance with the Contributory Negligence Act 1947 1967 No 151 s 27 Section 91ZB inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZC: Limitation of liability 1: The liability of the carrier in respect of damage caused by delay is limited to the lesser of— a: the amount of damage proved to have been sustained as a result of the delay; or b: an amount representing 10 times the sum paid for the carriage. 2: Despite subsection (1), the carrier may, by special contract, increase the amount of the carrier's liability under that subsection. 3: This Part does not affect any rule of law relating to remoteness of damage. 1967 No 151 s 28 Section 91ZC inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZD: Contracting out 1: A provision in a contract of carriage or in any bylaws made by a carrier purporting to relieve the carrier of liability, or to fix a lower limit than the appropriate limit of liability referred to in section 91ZC 2: The invalidity under subsection (1) of a provision in a contract of carriage or in any bylaws does not, by itself, make any other provision of that contract or those bylaws invalid. 1967 No 151 s 30 Section 91ZD inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZE: Wilful or reckless misconduct 1: The limits of liability referred to in section 91ZC a: with intent to cause damage; or b: recklessly and with knowledge that damage would probably result. 2: The limits of liability referred to in section 91ZC a: with intent to cause damage; or b: recklessly and with knowledge that damage would probably result; and c: while the servant or agent was acting within the scope of that servant's or agent's employment. 1967 No 151 s 31 Section 91ZE inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZF: Servants or agents of carrier 1: If an action in respect of any damage is brought against a servant or agent of a carrier, and the servant or agent proves that the servant or agent acted within the scope of the servant's or agent's employment or authority, the servant or agent is entitled to rely on the limits of liability, if any, that the carrier would be entitled to invoke under section 91ZC 2: Subsection (1) does not apply if it is proved that the damage resulted from an act or omission of the servant or agent done— a: with intent to cause damage or recklessly; and b: with knowledge that damage would probably result. 1967 No 151 s 32 Section 91ZF inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZG: Aggregation of damages The aggregate of the amounts recoverable from the carriers, and from their servants or agents acting within the scope of their employment who are jointly and severally subject to liability under this Part, must not exceed the limits referred to in section 91ZC 1967 No 151 s 33 Section 91ZG inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZH: Aggregate liability The limitations referred to in section 91ZC 1967 No 151 s 34 Section 91ZH inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZI: Just and equitable orders and awards 1: A court before which proceedings are brought to enforce a liability that is limited by this Part may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of— a: the provisions of this Part; and b: any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part. 2: Without limiting subsection (1), a court before which proceedings are brought to enforce a liability that is limited by this Part may, if the liability is, or may be, enforceable in other proceedings in New Zealand or elsewhere,— a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or b: make any part of its award conditional on the result of any other proceedings. 1967 No 151 s 35 Section 91ZI inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZJ: Tortfeasors 1: The limitations on liability referred to in section 91ZC a: proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and b: the tortfeasor from whom contribution is sought is the carrier, or a servant or agent of the carrier. 2: Proceedings to which subsection (1) applies may not be brought by a tortfeasor to obtain a contribution from another tortfeasor after 2 years from the time when judgment is obtained against the tortfeasor seeking to obtain the contribution. 3: This Part does not affect proceedings brought against any tortfeasor (other than the carrier or its servant or agent). 1967 No 151 s 36 Section 91ZJ inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZK: Relationship between carriers This Part does not— a: prevent a carrier from entering into special contractual arrangements with another carrier; or b: affect the rights and obligations of the carriers between themselves. 1967 No 151 s 37 Section 91ZK inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZL: Limitation of actions 1: An action may not be brought under this Part against a carrier, or a servant or agent of a carrier acting within the scope of his or her employment, after 2 years from the later of the following dates: a: the date of the arrival of the aeroplane at the destination; or b: if the aeroplane did not arrive at the destination,— i: the date on which the aeroplane ought to have arrived at the destination; or ii: the date on which the carriage stopped. 2: Despite subsection (1), application may be made to the court, after giving notice to the intended defendant, for leave to bring an action at any time within 6 years after the date on which the cause of action accrued as provided in subsection (1). 3: On application under subsection (2), the court may grant leave accordingly if it considers that it is just to do so and if it considers that— a: the delay in bringing the action was caused by— i: mistake of fact; or ii: mistake of any matter of law other than the provisions of this subsection; or iii: any other reasonable cause; or b: the intended defendant was not materially prejudiced in the defendant's defence or otherwise by the delay. 4: If the court grants leave under subsection (3), that leave may be subject to such conditions (if any) that the court thinks just to impose. 5: This section applies subject to the special provisions relating to tortfeasors in section 91ZJ 1967 No 151 s 39 Section 91ZL inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 91ZM: Combined carriage If a contract of carriage made with an air carrier provides for the carriage to be performed partly by air and partly by a mode of carriage other than by air, this Part applies only to the carriage by air. 1967 No 151 s 40 Section 91ZM inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004 10: Aerodromes, facilities, and joint venture airports 92: Definition of joint venture airport In this Part, the expression joint venture airport Airport Authorities Act 1966 1964 No 68 s 13B(1) 1971 No 22 s 3 93: Powers of Minister in respect of aerodromes and facilities 1: The Minister may for the purposes of civil aviation establish, maintain, and operate aerodromes and services and facilities in connection with the operation of any aerodrome or with the operation of aircraft engaged in civil aviation. 2: All works undertaken under the authority of this section shall be public works within the meaning of the Public Works Act 1981 3: Subject to the provisions of this Act, the Minister may do all that is necessary, convenient, or incidental to the establishment, maintenance, and operation of any aerodrome under his or her complete or partial control or of any services or facilities in connection with the operation of any such aerodrome in all respects as if the operation of the aerodrome or of the services or facilities were a commercial undertaking, and, in particular, may himself or herself carry out any work or undertaking in respect of which he or she is authorised to enter into any agreement under section 94 4: Any power given to the Minister under this Act in respect of any aerodrome or any facilities in connection with any aerodrome may be exercised by him or her whether or not the aerodrome or the facilities had been established by him or her under this Act. 5: The powers conferred by this section are in addition to and not in derogation of any powers conferred by any other enactment and nothing in this section shall be construed to limit or affect the powers conferred on any person or authority by any other enactment. 6: The Minister shall not take over the operation of any aerodrome that is owned or operated by any person other than the Crown, except by agreement with the owner or operator. 1964 No 68 ss 11, 12(1), (2) 94: Joint ventures 1: The Minister and any 1 or more local authorities, bodies, or persons may from time to time enter into and carry out such agreements for the execution, control, operation, or management of any work or undertaking authorised by this Act as may to them seem most suited to the circumstances. 2: Any agreement entered into under subsection (1) may provide for all or any of the following: a: for the establishment, maintenance, or operation of any aerodrome or services and facilities in connection with the operation of the aerodrome as a joint venture between the Minister and any other party or parties to the agreement: b: for the vesting of aerodrome buildings and facilities in trust for aerodrome purposes in any authority, body, or person approved by the Minister in that behalf: c: for the exchange, leasing, or subleasing of land or buildings vested in the Crown for the purposes of this Act and not immediately required for those purposes: d: for the transfer of the management of any aerodrome under the control of the Minister, or of any facilities connected with the operation of any such aerodrome, from the Minister to any other party or parties to the agreement at such times and subject to such terms and conditions as may be agreed upon: e: for the transfer to the Minister of the control, management, or operation of any aerodrome, or any facilities in connection with the operation of any aerodrome, under the control of any authority, body, or person, and for the vesting in or leasing to the Minister of any real or personal property necessary for the purpose of any such transfer: f: for the control of access to aerodromes by any persons or aircraft and for the prohibition or control of the use of aerodromes for any purpose not related to civil aviation: g: for the establishment, maintenance, management, and operation at any aerodrome of refreshment rooms, bookstalls, booking offices, travel agencies, and such other facilities as may be considered necessary or convenient for the operation of the aerodrome or for the convenience of persons using the aerodrome: h: for contributions by parties to the agreement in respect of the cost of any work or undertaking to which the agreement relates: i: for the apportionment or allocation between parties to the agreement of the cost of any work or undertaking to which the agreement relates: j: for the payment of grants or subsidies or the making of advances to any party to the agreement in respect of any work or undertaking to which the agreement relates: k: for the entering into contracts of insurance by any party to the agreement in respect of such matters in relation to the agreement as may require the provision of insurance. 3: Any agreement entered into under subsection (1) may from time to time be varied by the parties to the agreement or may be terminated in accordance with the terms of the agreement. 4: Any agreement relating to the development or reconstruction of an aerodrome entered into by the Crown under section 224 1964 No 68 s 12(3)–(6) 95: Retention of Crown money in joint venture airport accounts 1: Any money standing to the credit of or held on behalf of the Crown in the accounts of a joint venture airport as a result of the operations of that airport, together with any money representing the Crown's share of the proceeds of any fees or charges imposed under this Act may, with the approval of the Minister of Finance, instead of being paid into a 2: Notwithstanding any other enactment, rule of law, deed, or agreement, the Minister may require any money standing to the credit of or held on behalf of the Crown in the accounts of a joint venture airport as a result of the operations of that airport, together with any money representing the Crown's share of the proceeds of any fees or charges imposed under this Act, to be paid to the Crown. 3: Any money paid to the Crown under subsection (2) may, notwithstanding any other enactment, rule of law, deed, or agreement, be used for such purposes (whether or not related to the airport) as the Minister thinks fit. 4: Notwithstanding any other enactment, rule of law, deed, or agreement, any money standing to the credit of or held on behalf of an airport authority in the accounts of a joint venture airport as a result of the operations of that airport, together with any money representing the airport authority's share of the proceeds of any fees or charges imposed under this Act, may be withdrawn by the airport authority; and, subject to the liability (if any) of the airport authority under any enactment, deed, or agreement to pay any part of such money to any other body or person, may be used for such purposes (whether or not related to the airport) as the airport authority thinks fit. 5: If any money withdrawn under subsection (4) is paid by an airport authority, pursuant to the liability of the airport authority under any enactment, deed, or agreement, to any other body or person, it may be used for such purposes (whether or not related to the airport) as the body or person receiving it thinks fit. 1964 No 68 s 13B 1986 No 128 s 8(4) 1987 No 195 s 15 Section 95(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 11: Miscellaneous provisions 96: Sale of alcohol at international airports 1: Alcohol may be sold at any international airport to any passenger on an aircraft departing from or arriving in New Zealand if— a: in the case of alcohol bought for consumption off the airport premises, the passenger is of or over the age stated in section 5 b: in the case of alcohol bought for consumption on the airport premises, the passenger is of or over the age stated in section 5 2: Unless alcohol sold under the authority of subsection (1) has been entered by the passenger concerned for home consumption in accordance with the Customs and Excise Act 2018 3: The Governor-General may, from time to time, by Order in Council, make regulations for either or both of the following purposes: a: prescribing the circumstances and conditions relating to the control of the sale of alcohol at international airports to passengers on aircraft departing from or arriving in New Zealand who are of or over the age referred to in subsection (1)(a) or (b) 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 $1,000, that may, on 4: A person commits an offence who— a: sells alcohol at any international airport to any passenger on an aircraft departing from or arriving in New Zealand who is under the age referred to in subsection (1)(a) or (b) b: fails to comply with subsection (2) 5: A person who commits an offence against subsection (4) 6: Nothing in the Sale and Supply of Alcohol Act 2012 7: Regulations under subsection (3) 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 96 replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 96(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 96(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 96A: Minister may prohibit smoking or vaping 1: For the purposes of this section and sections 96B 96C New Zealand international airline to smoke smoked smoking to vape vaping 2: The Minister may from time to time, by notice a: designate any 1 or more international air routes, or class or classes of international air routes, or all international air routes generally, as non-smoking routes; and b: exempt any specified route or part of a route from any designation imposed by the Minister in accordance with paragraph (a), subject to any conditions that the Minister thinks fit. 3: The Minister shall, before giving any notice under subsection (2), consult with New Zealand international airlines. 4: A New Zealand international airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route pursuant to this section shall ensure that— a: there are prominent notices displayed in the aircraft indicating that smoking or vaping b: an announcement is made to passengers on the aircraft at the commencement of each journey on the route advising that smoking or vaping 5: No New Zealand international airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route pursuant to this section shall permit any person to smoke or vape 6: No person shall smoke or vape 7: A notice under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 96A heading amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(1) to smoke amended 1 June 2004 section 38 Civil Aviation Amendment Act 2004 Section 96A(1) to vape inserted 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96A(4)(a) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(4)(b) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(5) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(6) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 96B: Offences in respect of smoking on international flights 1: Every person commits an offence who, being a New Zealand international airline, without reasonable excuse, fails to comply with the requirements of section 96A(4) 2: Every person commits an offence who, being a New Zealand international airline, without reasonable excuse permits any person to smoke in contravention of section 96A(5) 3: 4: Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction 5: Section 96B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 96B(3) repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 Section 96B(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 96B(5) repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 96C: Procedure for offence of smoking on international flight Section 96C repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 96D: Form of infringement notice Section 96D repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 96E: Payment of fees Section 96E repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 96F: Filing of notices Section 96F repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 97: Nuisance, trespass, and responsibility for damage 1: No action for nuisance may be brought in respect of the noise or vibration caused by aircraft or aircraft engines on an aerodrome, if the noise or vibration is of a kind specified in any rules made under section 28 section 29 section 30 2: No action shall lie in respect of trespass, or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather, and all the circumstances of the case is reasonable, so long as the provisions of this Act and of any rules made under this Act are duly complied with. 3: Where material damage or loss is caused to property on land or water by an aircraft in flight, taking off, landing, or alighting, or by any person or article in or falling from any such aircraft, damages shall be recoverable from the owner of the aircraft, without proof of negligence or intention or other cause of action, as if the damage or loss was caused by his or her fault, except where the damage or loss was caused by or contributed to by the fault of the person by whom the same was suffered. 4: Where damage or loss is caused in the manner described in subsection (3) and in circumstances in which— a: damages are recoverable from the owner of the aircraft in respect of the damage or loss by virtue only of the provisions of subsection (3); and b: some person other than the owner is liable to pay damages in respect of the damage or loss,— the owner shall be entitled to be indemnified by that other person against any claim in respect of the damage or loss. 5: Where damage or loss is contributed to by the fault of the person by whom the same was suffered, the provisions of the Contributory Negligence Act 1947 6: Damages shall not be recoverable under subsection (4) from the owner of an aircraft in respect of damage or loss caused by a person descending from the aircraft by parachute. Damages shall be recoverable from the person descending and the provisions of subsection (4) shall, with the necessary modifications, apply as if the person descending were the owner of the aircraft. This subsection shall not apply in respect of damage or loss caused by a person descending from an aircraft by parachute where the descent is required to avoid injury or death. 7: Where an aircraft has been hired out to any other person by the owner thereof, for a period greater than 28 days and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall apply as though every reference to the owner were a reference to the person to whom the aircraft has been so hired out. 8: For the purposes of this section, the term fault Contributory Negligence Act 1947 1964 No 68 s 23 98: Indemnity in respect of certain messages Section 98 repealed 10 August 1992 section 34 Civil Aviation Amendment Act 1992 99: Airways Corporation to be sole provider of certain airways services 1: Subject to the Civil Defence Emergency Management Act 2002 a: area control services: b: approach control services: c: flight information services. 2: Nothing in this section shall apply to aerodrome control services or aerodrome flight information services. Section 99(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 99A: Regulations relating to information disclosure 1: Without limiting section 100 a: requiring every holder of an aviation document relating to an air traffic service to publish in the prescribed manner information in relation to the provision of that service by that holder; and prescribing the information, including prices, terms, and conditions, that the holder shall make available, which information shall include— i: prices, terms, and conditions: ii: pricing policies and methodologies: iii: costs: iv: cost allocation policies and methodologies: b: requiring every holder of an aviation document relating to an air traffic service to make publicly available prescribed financial statements that follow generally accepted accounting principles (including statements of financial performance statements of financial position c: prescribing the form and manner in which the financial statements required by any regulations made under paragraph (b) shall be made available: d: prescribing the form of statutory declaration and by whom it shall be made for the purpose of section 99B e: prescribing the time limits within which the information disclosure required by any regulations made under this section shall be made to the public. 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 99A inserted 10 August 1992 section 36 Civil Aviation Amendment Act 1992 Section 99A(1)(b) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 99A(1)(b) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Section 99A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 99B: Information to be supplied to Secretary 1: Every person who is required by regulations made under section 99A Secretary a: a copy of all statements and information, made available to the public pursuant to regulations made under that section: b: any further statements, reports, agreements, particulars, and other information requested in writing by the Secretary 2: All statements, reports, agreements, particulars, and information supplied to the Secretary section 99A(d) Section 99B inserted 10 August 1992 section 36 Civil Aviation Amendment Act 1992 Section 99B heading amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 Section 99B(1) amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 Section 99B(1)(b) amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 Section 99B(2) amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 99C: Offences 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 99A b: fails, without reasonable excuse, to comply with the requirements of paragraph (a) or paragraph (b) of section 99B(1) 2: Every person commits an offence against this section who makes a false declaration when supplying any statement, report, agreement, particulars, or information pursuant to section 99B 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 Section 99C inserted 10 August 1992 section 36 Civil Aviation Amendment Act 1992 Section 99C(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 99C(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 99D: Administration of sections 99A to 99C Section 99D repealed 1 June 2002 section 41 Civil Aviation Amendment Act 2002 100: 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, or providing for the fixing of, fees and charges payable under this Act: b: prescribing those breaches of rules made under this Act that constitute offences against this Act: ba: prescribing those breaches of regulations made under paragraph (ee) that constitute offences under this Act: c: prescribing those breaches of rules made under this Act that constitute infringement offences against this Act: ca: prescribing those breaches of regulations made under paragraph (ee) that constitute infringement offences against this Act: d: prescribing the penalty for each offence prescribed under paragraph (b) i: in the case of an individual, shall be a fine not exceeding $10,000 ii: in the case of a body corporate $50,000 e: prescribing the infringement fee for each offence prescribed under paragraph (c) i: in the case of an individual, shall not exceed $2,000; or ii: in the case of a body corporate ea: prescribing the matters in respect of which fees or charges are to be payable under Part 8A eb: providing for the refund or waiver of any fee or charge payable under Part 8A ec: prescribing the information and documents that may be required to be supplied by applicants for scheduled international air services licences under Part 8A ed: specifying, for the purposes of Part 1A ee: assisting aviation security, including (but not limited to)— i: the specification and application of security controls for— A: screening: B: searching: C: seizing items and substances: ii: any matter for which— A: rules may be made under section 28 29 29A 30 B: directions may be made under section 77A iii: the revocation, substitution, or amendment of any— A: rule made under section 28 29 29A 30 B: direction made under section 77A f: such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2: Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, or aeronautical procedures, or with respect to the same class of person, aerodrome, aircraft, aeronautical product, aviation related service, or aeronautical procedure in different circumstances. 3: To the extent that a rule made under section 28 29 29A 30 section 77A 4: No regulation made under subsection (1)(ee) may be considered invalid because it confers any discretion upon or allows any matter to be determined or approved by the Authority or the Director or any other person, or allows the Authority or the Director or any other person to impose requirements as to the performance of any activities. 5: So far as the bylaws of any local authority are inconsistent with or repugnant to any regulation made under subsection (1)(ee) in force in the same locality, the bylaws must be construed subject to the regulations made under subsection (1)(ee). 6: Regulations under this section are secondary legislation ( see Part 3 1964 No 68 s 29(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 100(1)(ba) inserted 26 September 2007 section 17(1) Civil Aviation Amendment Act 2007 Section 100(1)(ca) inserted 26 September 2007 section 17(2) Civil Aviation Amendment Act 2007 Section 100(1)(d) amended 28 November 1991 section 6(a) Civil Aviation Amendment Act 1991 Section 100(1)(d)(i) amended 1 June 2004 section 39(1)(a) Civil Aviation Amendment Act 2004 Section 100(1)(d)(ii) amended 1 June 2004 section 39(1)(b) Civil Aviation Amendment Act 2004 Section 100(1)(d)(ii) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 Section 100(1)(e) amended 28 November 1991 section 6(b) Civil Aviation Amendment Act 1991 Section 100(1)(e)(ii) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 Section 100(1)(ea) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 100(1)(eb) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 100(1)(ec) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 100(1)(ed) inserted 1 June 2004 section 39(2) Civil Aviation Amendment Act 2004 Section 100(1)(ee) inserted 26 September 2007 section 17(3) Civil Aviation Amendment Act 2007 Section 100(3) added 26 September 2007 section 17(4) Civil Aviation Amendment Act 2007 Section 100(4) added 26 September 2007 section 17(4) Civil Aviation Amendment Act 2007 Section 100(5) added 26 September 2007 section 17(4) Civil Aviation Amendment Act 2007 Section 100(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 100A: Burden of proof of exceptions, etc, for offences in rules and regulations 1: This section applies to any offence contained in rules or regulations made pursuant to this Act. 2: Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence,— a: may be proved by the defendant; but b: need not be negatived in the charging document, and, whether or not it is so negatived, no proof in relation to the matter is required on the part of the prosecutor. 3: Subsection (2)(b) is subject to section 17(4) Criminal Procedure Act 2011 Section 100A inserted 1 July 2013 section 413 Criminal Procedure Act 2011 101: Repeals, revocation, amendments, and savings 1: The enactments specified in Schedule 1 2: The Civil Aviation (Accident Investigation) Regulations 1978 (SR 1978/112) 3: The enactments specified in Schedule 2 4: Nothing in subsection (1) shall affect any amendment made by section 6 of the Civil Aviation Amendment Act 1976 102: Transitional provisions 1: Every reference to the Minister of Civil Aviation or the Minister of Civil Aviation and Meteorological Services in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act, shall, unless the context otherwise requires, be read as a reference to the Minister of Transport. 2: 3: Unless the context otherwise requires, in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act,— a: every reference to the Office of Air Accidents Investigation shall be read as a reference to the Transport Accident Investigation Commission: b: every reference to the Chief Inspector of Air Accidents or an Inspector of Air Accidents shall be read as a reference to a person appointed by the Transport Accident Investigation Commission to investigate any matter under the Transport Accident Investigation Commission Act 1990 4: 5: Every licence, rating, certificate, permit, authorisation, approval, or other document issued under the Civil Aviation Regulations 1953 6: Every authorisation given under section 29A or section 29C of the Civil Aviation Act 1964 section 29C of that Act Part 9 7: Section 102(2) repealed 10 August 1992 section 37 Civil Aviation Amendment Act 1992 Section 102(4) repealed 10 August 1992 section 37 Civil Aviation Amendment Act 1992 Section 102(7) repealed 10 August 1992 section 37 Civil Aviation Amendment Act 1992 103: Effect of Act on Civil Aviation Regulations Section 103 repealed 28 November 1991 section 7 Civil Aviation Amendment Act 1991 12: Cape Town Convention and Aircraft Protocol Part 12 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 104: Interpretation 1: In this Part, unless the context otherwise requires,— Aircraft Protocol Schedule 8 Cape Town Convention Schedule 7 Contracting State declaration de-registration request removal request 2: In this Part, any term defined in the Cape Town Convention or the Aircraft Protocol and used in this Part has the same meaning as in the Cape Town Convention or the Aircraft Protocol. 1996 No 40 s 2 Section 104 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 105: Cape Town Convention and Aircraft Protocol to have force of law The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have the force of law in New Zealand. 1994 No 60 s 4 1990 No 98 s 91C Section 105 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 106: Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have effect in place of any other New Zealand law to the extent that the Convention or the Protocol applies to a matter to which the other law applies. Section 106 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 107: Governor-General may issue copies of declarations 1: If New Zealand makes a declaration under the Cape Town Convention or the Aircraft Protocol, the Governor-General may, by Order in Council, issue a copy of the declaration. 2: An Order in Council made under subsection (1) must state the date on which— a: New Zealand made the relevant declaration; and b: the declaration takes or took effect. 3: An order 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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 107 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 107(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 108: Certificates about Contracting States 1: The Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, may sign a certificate that states whether, in respect of any specified day or period,— a: a State is a Contracting State: b: a declaration made under the Cape Town Convention or the Aircraft Protocol is effective in respect of a Contracting State and, if so, that specifies the contents of that declaration. 2: A certificate signed under subsection (1) is conclusive evidence for all purposes of the matters stated in the certificate. 1994 No 60 s 6 Section 108 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 109: Irrevocable de-registration and export request authorisations 1: A debtor must submit an irrevocable de-registration and export request authorisation to the Director if the debtor— a: is the holder of a certificate of registration for a New Zealand registered aircraft; and b: issues an irrevocable de-registration and export request authorisation substantially in the form annexed to the Aircraft Protocol. 2: A submission under subsection (1) must be accompanied by the prescribed fee (if any). 3: If the Director receives a submission under subsection (1), the Authority must record the irrevocable de-registration and export request authorisation on the New Zealand Register of Aircraft. Section 109 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 110: De-registration requests 1: An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3) 2: In a request submitted under subsection (1), the authorised party must certify in writing that— a: the aircraft is not subject to any registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft; or b: if the aircraft is subject to a registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft, the holder of the higher-ranking registered interest has consented to the de-registration and exportation of the aircraft. 3: A request under subsection (1) must be accompanied by the prescribed fee (if any). 4: If the Director receives a de-registration request under subsection (1) that is accompanied by the statement specified in subsection (2), the Director must, as soon as practicable but, in any event, within 5 working days of receiving the request, revoke the relevant certificate of registration. 5: If the Director revokes a certificate of registration under subsection (4), the Authority must remove the registration from the New Zealand Register of Aircraft. Section 110 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 111: Removal requests 1: An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3) 2: A debtor may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3) a: has obtained the written consent of the authorised party to do so; and b: provides a copy of the written consent to the Director with the removal request. 3: A removal request under subsection (1) or (2) must be accompanied by the prescribed fee (if any). 4: If the Director receives a removal request under subsection (1) or (2), the Director must, as soon as practicable but, in any event, within 5 working days of receiving the request, revoke the relevant irrevocable de-registration and export request authorisation. 5: If the Director revokes an irrevocable de-registration and export request authorisation under subsection (4), the Authority must remove the authorisation from the New Zealand Register of Aircraft. Section 111 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 112: Director must prescribe and publish forms for de-registration requests The Director must prescribe and publish the forms that an authorised party (or the authorised party's certified designee) must use to make a request for the de-registration of an aircraft under section 110 Section 112 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 113: Director may not exercise certain powers The Director may not exercise any power that the Director may exercise under this Act in relation to a certificate of registration if the exercise of that power would interfere with, or be contrary to, any right or obligation arising under this Part. Section 113 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010

DLM203558

1990

Finance Act 1990

1: Short Title and commencement 1: This Act may be cited as the Finance Act 1990. 2: Except as provided in Part 1 Part 2 2: Act binds the Crown This Act binds the Crown. 1: Application of State-Owned Enterprises Act 1986 and other Acts to Telecom Corporation of New Zealand Limited 3: Commencement of this Part 1: This Part shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions of this Part into force on different dates. 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 3(1) brought into force 14 June 1990 clause 2 Finance Act Commencement Order 1990 Section 3(1) brought into force 12 September 1990 clause 2 Finance Act Commencement Order (No 3) 1990 Section 3(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 4: Amendment to State-Owned Enterprises Act 1986 1: Amendment(s) incorporated in the Act(s) 2: Notwithstanding the coming into force of subsection (1), section 22 the Corporation a: the Corporation were a State enterprise; and b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 3: Amendment(s) incorporated in the Act(s) 4: Notwithstanding the coming into force of subsection (3) and whether or not all or any of the shares in the Corporation are held by Ministers of the Crown on behalf of the Crown, sections 23 to 30 a: the Corporation were a State enterprise and a company named in Schedule 2 b: the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation. 5: Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 5: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 6: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 7: Amendment to Income Tax Act 1976 Section 7 repealed 1 April 2005 section YA 2 Income Tax Act 2004 8: Amendment to State Sector Act 1988 Amendment(s) incorporated in the Act(s) 2: New Zealand Railways Corporation 9: Commencement of this Part This Part shall be deemed to have come into force on 21 March 1990. 10: Loan and swap obligations of New Zealand Railways Corporation guaranteed by the Crown 1: All obligations of the New Zealand Railways Corporation (in this section called the Corporation New Zealand Railways Corporation Act 1981 2: If any default is made by the Corporation in the payment of any principal, interest or other money payable in respect of an obligation of the Corporation described in subsection (1), such principal, interest or other money, as the case may be, shall be paid out of a Crown Bank Account 3: All money paid under the authority of subsection (2) on account of an obligation of the Corporation described in subsection (1) shall constitute a debt due by the Corporation to the Crown and may be recoverable accordingly. Section 10(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 11: Certain matters not affected by legislation relating to New Zealand Railways Corporation Neither the introduction into the House of Representatives of any Bill that relates to the restructuring of the New Zealand Railways Corporation (in this section called the Corporation a: shall be regarded as placing the Corporation or any other person in breach of, or default under, any contract or in breach of confidence or as otherwise making any of them guilty of a civil wrong: b: shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation: c: shall be regarded as placing the Corporation or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information: d: shall release any surety wholly or in part from all or any obligation: e: shall invalidate or discharge any contract or security. 1986 No 129 s 6(g)

DLM2168400

2009

Imprest Supply (First for 2009/10) Act 2009

1: Title This Act is the Imprest Supply (First for 2009/10) Act 2009. 2: Commencement This Act comes into force on 1 July 2009. 3: Repeal of this Act 1: Sections 6 7 10 first Appropriation Act for the 2009/10 year 2: The rest of this Act is repealed on the close of 30 June 2010. 2010-07-01 Imprest Supply (First for 2009/10) Act 2009 First Appropriation Act for 2009/10 year 2009-09-02 ss 6, 7, 10 Appropriation (2009/10 Estimates) Act 2009 (2009 No 28) 4: Purposes The purposes of this Act are— a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the financial year ending with 30 June 2010 in advance of appropriation by way of an Appropriation Act; and b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2008/09 Supplementary Estimates) Act 2009 5: Interpretation 1: In this Act, unless the context otherwise requires,— 2009/10 year expenses section 2(1) 2: In this Act, unless the context otherwise requires, asset capital expenditure department financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements Responsible Minister Vote section 2(1) 6: Authority to incur expenses Section 6 repealed 2 September 2009 section 3(1) 7: Authority to incur capital expenditure Section 7 repealed 2 September 2009 section 3(1) 8: Appropriation required 1: All expenses incurred under section 6(1) section 7(1) 2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2009/10 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1) 9: Authority under this Act is authority for purposes of sections 4(1) and 26C(1) of Public Finance Act 1989 1: The authority given by this Act to incur expenses or capital expenditure in advance of appropriation is an authority under an Act for the purposes of sections 4(1) 26C(1) 2: However, subsection (1) section 8(1) 10: Authority to exceed net assets confirmed in Appropriation Act Section 10 repealed 2 September 2009 section 3(1)

DLM2337700

2009

Remuneration Authority Amendment Act 2009

1: Title This Act is the Remuneration Authority Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Remuneration Authority Act 1977 2009-12-08 Remuneration Authority Act 1977 1: Countervailing economic conditions 4: New section 18A inserted The following section is inserted after section 18 18A: Countervailing economic conditions 1: Subsection (2) 2: The Authority— a: must take into account any prevailing adverse economic conditions, based on evidence from an authoritative source; and b: may determine the remuneration at a rate lower than it would otherwise have determined. 3: A determination of remuneration at a lower rate under subsection (2)(b) 4: To avoid doubt, the provisions of any other enactment relating to the setting of remuneration by the Authority must be read together with, and subject to, this section. 5: Transitional provision 1: The amendment made by section 4 2: The amendment made by section 4 2: Other amendments to principal Act 6: Functions of Authority Section 12(1)(a)(ii) 7: Amendment of Schedules 1, 2, 3, and 4 1: The heading to section 13 1, 2: Section 13(1)(a) 3: Section 13(1)(e) Schedule 1, 8: Release of determinations Section 15(2)(a) (other than determinations fixing the remuneration of the officers of the corporations and bodies specified in Part 2 of Schedule 1 to this Act) 9: Annual report Section 27(1) the 31st day of March 30 June 10: Consultation with Authority Section 32 any corporation or body specified in Part 1 or Part 2 of Schedule 1 to this Act or 11: Schedule 1 repealed Schedule 1 12: Schedule 4 amended Schedule 4 a: omitting the item relating to the Chairman of the Broadcasting Corporation of New Zealand; and b: omitting the item relating to the Chief of Defence Staff and the Deputy Chief of Defence Staff and substituting the following item: The Chief of Defence Force

DLM2226500

2009

Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009

1: Title This Act is the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 2: Commencement 1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in this section. 2: Sections 102 118(20) New Zealand Superannuation and Retirement Income Amendment Act 2009 3: Section 164 4: Sections 149 150 151 152 153 155 157 158 160 161 162(2), (5), (6), (7), (8), and (9) 163 schedule 2 5: Sections 146 162(3) 6: Section 159 schedule 2 7: Section 154 8: Section 162(4) 9: Section 156 10: Sections 4 6 7 10 11 12 13 14 15 16 17 18 20 26 29 31 40 41 42 44 45 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 80(1) 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 104(1) 105 106 107 110 111 112 113 116 117 118 121 122(1) 123(1) 125 126 135 139 schedule 1 11: Sections 19 30 43 schedule 1, row 21 12: Sections 23 24 25 27 28 schedule 1, row 18 13: Sections 147 165 14: Sections 166 167 15: Sections 74 75 76 16: Sections 78(1) 114 115 118(21) schedule 1, row 35 17: Sections 8 9 21 22 39 46 47 48 49 50 51 52 83 103 104(2) 108 109 118 120 122 123(2) and (3), 124 130 131 132 133 134 schedule 1, rows 24 to 26 18: Sections 32 33 34 35 36 37 38 118 schedule 1, row 19 19: Sections 77 78 118(35) 119 122(3 schedule 1, row 37 20: Sections 73 78 79 80(2) 81 82 118(30) and (40), schedule 1, row 36 1: Amendments to Income Tax Act 2007 3: Income Tax Act 2007 Sections 4 to 126 2009-12-07 Income Tax Act 2007 For all retrospective provisions (“as at date” is the assent date, not the in force date— COG 16.20) 2009-12-08 Income Tax Act 2007 in force on day that New Zealand Superannuation and Retirement Income Amendment Act 2009 comes into force (SR 2009/362) 2010-01-05 Income Tax Act 2007 sections 102 and 118(20) of this Act (see s 2(2) 2010-01-07 Income Tax Act 2007 2010-02-01 Income Tax Act 2007 2010-04-01 Income Tax Act 2007 2010-07-01 Income Tax Act 2007 2011-04-01 Income Tax Act 2007 2013-04-01 Income Tax Act 2007 4: Flowchart B2: Calculating and satisfying income tax liabilities In flowchart B2: Calculating and satisfying income tax liabilities, Part 1 Part I 5: Double tax agreements After section BH 1(6) Reference to unrelated persons 7: A reference in a double tax agreement to 2 persons being unrelated is to be read, if possible, as a reference to 2 persons being not associated. 6: Available capital distribution amount In section CD 44(11) subsection (12) subsections (7)(c) and (12) 7: Benefits, pensions, compensation, and government grants In section CF 1(2)(a) and (b) or refunded to, to or refunded to, 8: Attributed income of certain investors in multi-rate PIEs 1: In section CX 56(2)(b) an investor rate of 19.5% under section HM 58 (Optional investor rates for trustees: 30%, 19.5%) a prescribed investor rate referred to in schedule 6, table 1, row 5 or 7 2: Subsection (1) 9: Available capital distribution amount: 1988 to 2010 1: After section CZ 9B(5), the following is added: Relationship with section CD 44 6: Section CD 44(7)(c) (Available capital distribution amount) overrides this section. 2: Subsection (1) 10: Goods and services tax In section DB 2(2) section 21 or 21I(1) to 21I(3) section 21 or 21I(1) to (3) 11: Research or development 1: Section DB 34(2) 2: Subsection (1) applies to a person who recognises the expenditure as an expense for financial reporting purposes— a: under paragraph 5.1 or 5.2 of the old reporting standard or because paragraph 5.4 of that standard applies; or b: under paragraph 68(a) of the new reporting standard applying, for the purposes of that paragraph, paragraphs 54 to 67 of that standard. 2: Section DB 34(4)(b) b: would be required, if the expenditure were material, to recognise it for financial reporting purposes— i: under paragraph 5.1 or 5.2 of the old reporting standard or because paragraph 5.4 of that standard applies; or ii: under paragraph 68(a) of the new reporting standard applying, for the purposes of that paragraph, paragraphs 54 to 67 of that standard. 3: Subsections (1) and (2) 12: Some definitions In section DB 35(1) reporting standard new reporting standard old reporting standard . 13: Criteria for approval of share purchase schemes: when period of restriction ends In section DC 14(4) other than one described other than a reason described 14: Cost of acquiring timber or right to take timber: other cases 1: In section DP 10(5) acquired the timber of the total of acquired the timber for the total of 2: Subsection (1) 15: Section DP 11 replaced 1: Section DP 11 DP 11: Cost of timber When this section applies 1: This section applies when a person— a: derives an amount on the disposal of timber and the amount is income of the person under section CB 24 (Disposal of timber or right to take timber) or CB 25 (Disposal of land with standing timber); and b: has incurred expenditure in relation to the timber that is a cost of timber. Deduction 2: The person is allowed a deduction for the amount that is a cost of timber. Timing of deduction 3: The deduction is allocated— a: for timber harvested from the land before the time of disposal, to the income year in which the timber first becomes trading stock of the person; or b: otherwise, by section EA 2 (Other revenue account property). Meaning of timber 4: In this section, timber a: the creation or grant of a right to take timber: b: the grant of a licence or an easement in relation to timber: c: the creation of a forestry right as defined in section 2 of the Forestry Rights Registration Act 1983, other than a right in favour of the proprietor in relation to establishing, maintaining, and harvesting timber. Link with subpart DA 5: This section supplements the general permission and overrides the capital limitation. The other general limitations still apply. amount, capital limitation, cost of timber, deduction, dispose, general permission, income year, timber, trading stock . 2: Subsection (1) 16: Acquiring film rights 1: Section DS 1(2) 2: This section does not apply to expenditure that a person incurs in acquiring a film right if— a: the person operates a television station, a television network, or a cable television system, and the film right is acquired mainly to enable the film to be broadcast in New Zealand; or b: the film is intended to be shown as an advertisement; or c: the expenditure is film production expenditure; or d: section DS 2B applies to the expenditure. 2: Subsection (1) 17: Mining exploration expenditure or mining development expenditure on acquisition of asset 1: In section DU 2(2)(a) other than one described other than a case described 2: Subsection (1) 18: Meaning of income from forestry 1: Section EH 34(1) 1: Income from forestry a: means income derived from either or both of the sales described in subsection (2) in the circumstances described in subsection (3): b: includes PFSI forestry income. 2: Subsection (1) 19: Determination alternatives 1: In section EW 15E(2)(e) paragraphs (a) to (d) paragraphs (aa) to (d) 2: Subsection (1) 20: Consistency of use of IFRS method In section EW 25B(3) However, those sections do not apply if the change— a: is from the fair value method; and b: relates to a financial arrangement that is not subject to a creditor workout. 21: Consideration when debt sold at discount to associate of debtor In section EW 43(1) under the 1988 version provisions 22: Income and deduction when debt sold at discount to associate of debtor In section EW 49(1) under the 1988 version provisions 23: Attributable CFC amount 1: In section EX 20B(4) Arrangement 2: In section EX 20B(4)(b)(iii) to the extent that the income to the extent to which the income 3: Section EX 20B(11)(b) b: the CFC is a network operator under the Telecommunications (Interception Capability) Act 2004 (a network operator i: a group of persons has, for the whole of the CFC's accounting period, voting interests and, if a market circumstance exists, market value interests, of more than 50% in the CFC; and ii: the group of persons also has, for the whole of the CFC's accounting period, voting interests and, if a market value circumstance exists, market value interests, of more than 50% in a network operator; and . 4: Subsections (1) to (3) 24: Net attributable CFC income or loss 1: In section EX 20C(6)(c)(ii) arrangement income arrangement 2: Subsection (1) 25: Adjustment of fraction for excessively debt funded CFC 1: In section EX 20D(7)(b)(ii) arrangement income arrangement 2: Subsection (1) 26: Attributable CFC amount and net attributable CFC income or loss 1: In section EX 21(26) the amount actuarially determined to be the part of the CFC's net income or loss the amount actuarially determined to be part of the CFC's profit or loss 2: Subsection (1) 27: Non-attributing active CFC: default test 1: In section EX 21D(7)(b) not exceeding the included amount, that not exceeding the included amount, to which 2: Subsection (1) 28: Non-attributing active CFC: test based on accounting standard 1: In section EX 21E(7)(g)(iii) to the extent that the income to the extent to which the income 2: In section EX 21E(9)(d) not exceeding the included amount, that not exceeding the included amount, to which 3: In section EX 21E(10)(d)(iii) to the extent that the gain to the extent to which the gain 4: Subsections (1) to (3) 29: Exemption for Australian unit trusts with adequate turnover or distributions 1: In section EX 32(1)(f) section 15T section 15N 2: Subsection (1) 30: Limits on choice of calculation methods In section EX 46(10)(c)(i) and (cb)(i) fixed-rate shares fixed-rate foreign equities 31: Accounting profits method 1: Section EX 49(6) 6: For an income interest that the person has held for more than 12 months, the person may follow a simplified calculation process by choosing to be treated as holding, at all times in the income year, the same interest, including zero interest, that they held at the end of the income year. The person makes the election by completing their return of income accordingly for the relevant income year. 2: Subsection (1) subsection (1) section EX 49(6) 32: Policyholder base income: non-participation policies 1: In section EY 15(5) in respect of a policy relating to a policy 2: Subsection (1) 33: Policyholder base income: profit participation policies 1: In section EY 17(2)(b)(i) shareholders shareholder's retained earnings 2: In section EY 17(2)(b)(ii) shareholders shareholder's retained earnings 3: In section EY 17(2)(d) in respect of participation policies in relation to profit participation policies 4: In section EY 17(3)(a) policyholder unvested liabilities the value of assets supporting the life insurer's policyholder unvested liabilities 5: Subsections (1) to (4) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 34: Policyholder base allowable deductions: profit participation policies 1: In section EY 18(b) base. base; and c: the item net transfers 2: Subsection (1) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 35: Shareholder base income: non-participation policies 1: In section EY 19(2) in respect of a policy relating to a policy 2: Subsection (1) 36: Shareholder base income: profit participation policies 1: In section EY 21(2)(b)(i) shareholders shareholder's retained earnings 2: In section EY 21(2)(b)(ii) shareholders shareholder's retained earnings 3: In section EY 21(2)(d) in respect of profit participation policies in relation to profit participation policies 4: Subsections (1) to (3) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 37: Shareholder base allowable deductions: profit participation policies 1: In section EY 22(b) base. base; and c: the item net transfers 2: Subsection (1) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 38: Transitional adjustments: life risk 1: In section EY 30(2) employer sponsored workplace 2: In section EY 30(3)(b) requirements of requirements for the period described in 3: In the heading to section EY 30(4) employer sponsored workplace 4: In section EY 30(4) employer sponsored workplace 5: Section EY 30(4)(b) b: the policy, if it is a credit card repayment insurance, meets the requirements for the period described in subsection (5)(c), or, if it is a workplace group policy, meets the requirements for the period described in subsection (5)(d) . 6: In section EY 30(5) For the purposes of subsections (2)(b), (3)(b), and (4)(b), this section applies to a policy to the extent to which, for the following relevant period, it is described by the following relevant requirements The following are the requirements and periods for the purposes of subsections (2)(b), (3)(b), and (4)(b), for a policy 7: In section EY 30(5)(c)(ii) day. day: d: for a life insurance policy for which the premium may vary each year, the period that starts on the grandparenting start day and ends on the earlier of the following: i: the day that the policy expires: ii: the day that is before the 3 years anniversary of the grandparenting start day. 8: Section EY 30(11) Meaning of credit card repayment insurance 11: Credit card repayment insurance 9: Section EY 30(12) 10: In section EY 30(14) employer sponsored workplace 11: After section EY 30(14) Meaning of workplace group policy 15: Workplace group policy a: the group of individuals is a class of employees of an employer, and the employer is the sponsor of the policy, or are members of a union registered under the Employment Relations Act 2000, and the trade union is the sponsor of the policy; and b: the general public is excluded; and c: where the sponsor is the employer, joining the life insurance policy is compulsory for the relevant class of employees, and the employer must pay the premiums. 12: Subsections (1) to (11) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 39: Policyholder income formula: PILF adjustment 1: In section EY 43C(2) invested directly invested indirectly 2: In section EY 43C(2) treated as investing directly in a multi-rate PIE treated as investing indirectly in a multi-rate PIE 3: Subsections (1) and (2) 40: Consistency of use of IFRS method: Determination G3 In section EZ 52B(2)(a) ; and or an alternative to Determination G3 section EW 15E(2)(e) 41: Attribution rule for income from personal services 1: After section GB 27(4) Cancellation of notional imputation credits 5: For the purposes of subsection (4), to the extent to which the dividend paid by the company would have had an imputation credit attached that arose under section OB 16 sections HA 14 to HA 19 2: Subsection (1) 42: Loss balances not carried forward In section HA 21 subparts IA IQ subparts IA (General rules for tax losses) and IQ (Attributed controlled foreign company net losses and foreign investment fund net losses) 43: Beneficiary income 1: Section HC 6(1)(b) b: it is paid to a beneficiary of the trust in the income year or by the date after the end of the income year referred to in subsection (1B) 2: After section HC 6(1) Date by which income must be allocated 1B: The date referred to in subsection (1)(b) a: a date that falls within 6 months of the end of the income year; or b: the earlier of— i: the date on which the trustee files the return of income for the income year; or ii: the date by which the trustee must file a return for the income year under section 37 3: Section HC 6(3) Deriving beneficiary income in same year 3: When an amount derived by a trustee in an income year is also beneficiary income, the beneficiary is treated as having derived the income in the same tax year as that corresponding to the trustee's income year. 4: Subsections (1) to (3) 44: Who is a settlor? 1: After section HC 27(3) Employee share purchase agreements 3B: Despite subsection (2), an employer is not a settlor for the purposes of the trust rules in relation to a payment made by them to the trustee of an employee share purchase agreement if— a: some or all of the payment is used by the trustee to acquire shares under the terms of the employee share purchase agreement; and b: an amount that is less than or equal to the payment used by the trustee would be income of an employee under section CE 1(d) 2: Subsection (1) subsection (1) a: in the period that starts on the first day of the 2008–09 income year and ends on the date of Royal assent of this Act; and b: in relation to a payment to an employee share purchase agreement in consideration of a valid salary sacrifice made by the employee; and c: relying upon paragraph (a)(i) of the definition of settlor Income Tax Act 2004 settlor corpus foreign trust settlement 45: Unlisted company choosing to become portfolio listed company 1: After section HL 12(2) Extension in certain cases 3: Despite subsection (2), a company that makes an election under subsection (1) does not stop being a portfolio listed company from the last day of the period of 2 years from the date on which the election takes effect if— a: the company has met the requirements of subsection (1)(b) and (c) before 2 July 2009; and b: a period of 4 years from the date on which the election takes effect has not expired. Further extension granted by Commissioner 4: Despite subsections (2) and (3) 2: Subsection (1) 46: Minimum number of investors 1: In section HM 14(3), Subsection (4) and sections Sections 2: Subsection (1) 47: Maximum investors' interests 1: In section HM 15(2), Sections HM 21(2) to (4), HM 22, and HM 22B Sections HM 21(2) to (4) and HM 22 2: Subsection (1) 48: Requirements for listed PIEs: unlisted companies 1: After section HM 18(2), the following is added: Extension of period for listing 3: Despite subsection (2), a company does not lose PIE status at the end of the 2-year period if— a: the company has met the requirements of subsection (1)(b) and (c) before 2 July 2009; and b: a period of 4 years from the date on which the election takes effect has not expired. Further extension granted by Commissioner 4: Despite subsections (2) and (3) 2: Subsection (1) 49: Sections HM 56 to HM 59 replaced 1: Sections HM 56 to HM 59 are replaced by the following: HM 56: Prescribed investor rates: schedular rates The prescribed investor rate of an investor in a multi-rate PIE is determined under schedule 6, table 1 investor, multi-rate PIE, prescribed investor rate HM 57: Prescribed investor rates for certain investors: 0% An investor (a zero-rated investor a: a company: b: an organisation or trust with income that is exempt income under section CW 41 CW 42 c: a proxy acting under section HM 33: d: an exiting investor referred to in section HM 61: e: a PIE or superannuation fund, other than a trustee who chooses a rate under schedule 6, table 1, row 3 or 5 f: a person who derives income as a trustee and does not choose a rate under schedule 6, table 1, row 3, 5, or 7 company, exempt income, investor, multi-rate PIE, PIE, prescribed investor rate, resident in New Zealand, superannuation fund, trustee HM 58: Transitional rate for certain investors When this section applies 1: This section applies to a multi-rate PIE in relation to an income year that starts on or after 1 April 2010 and a person who— a: is an investor in the PIE; and b: has a notified investor rate of 19.5% on the last day of the preceding income year. Rate applying 2: The person's notified investor rate for income years that start on or after 1 April 2010 is treated as 21%. Exception: new notified rate 3: Subsection (2) income year, multi-rate PIE, notified investor rate, notify . 2: Subsection (1) 50: Notified rates 1: In section HM 60, the section heading is replaced by Notified investor rates 2: In section HM 60(1),–– a: HM 56 to HM 59 HM 56 to HM 58 b: for a period for a period (the notified investor rate 3: In section HM 60(4),–– a: in the heading, HM 56 to HM 59 HM 56 to HM 58 b: notifies an investor rate advises a notified investor rate c: HM 56 to HM 59 HM 56 to HM 58 4: Section HM 60(5), other than the heading, is replaced by the following: 5: The Commissioner may notify a PIE to disregard an investor's notified investor rate if the Commissioner considers the rate is incorrect. The notification must include a rate for the investor that the Commissioner considers appropriate. 5: In section HM 60(6), not notify a multi-rate PIE of their investor rate not advise a multi-rate PIE of their notified investor rate 6: Subsections (1) to (5) 51: Certain exiting investors zero-rated 1: In section HM 61, applying to an investor applying to an investor for a quarter 2: Subsection (1) 52: When elections take effect 1: Section HM 72(2)(b) is replaced by the following: b: an event or situation arises that means the entity would lose PIE status under any of sections HM 24 to HM 28 because the requirements of sections HM 11 to HM 16 were not met in each quarter of the 12-month period. 2: Subsection (1) 53: New section HZ 7 added After section HZ 6 HZ 7: Saving of binding rulings relating to settlements on trusts When, and extent to which, this section applies 1: This section applies when, and to the extent to which,— a: before the commencement of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 i: an applicant has applied for a binding ruling on an arrangement that is entered into, or that the applicant seriously contemplates will be entered into, before the commencement of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 ii: a binding ruling is issued; and b: the binding ruling is about a provision of the Income Tax Act 2004 c: the binding ruling— i: is made before or after the commencement of this Act and continues to exist at the commencement of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 ii: is made in relation to a provision of the Income Tax Act 2004 d: in the absence of this section, the commencement of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 Ruling about new law 2: The binding ruling continues to exist despite the intended change referred to in subsection (1)(c)(ii) 2009 No confirmation rulings 3: To the extent to which a binding ruling continued by subsection (2) 2009 a: the new law applies to the arrangement or to the person and the arrangement; or b: this subsection applies to the arrangement or to the person and the arrangement. arrangement, binding ruling, Commissioner, settlement . 54: Tax losses 1: In section IA 2(2) a: carried forward to carried forward under section IA 3(4) to b: subtracted subtracted under section IA 4(1)(a) 2: Section IA 2(4)(b) b: a person whose imputation credits are included in their annual gross income for the tax year: the amount of converted imputation credits arising under section LE 2 (Use of remaining credits by companies and trustees) for the tax year: . 3: In section IA 2(4)(c) section LP 10 section LP 10(3) 4: In section IA 2(4)(d) treated as a tax loss component of company A: the payment referred to in section OB 69(5) converted into a tax loss component of company A: the amount calculated under section OB 69(7) 5: In section IA 2(4)(e) corresponding income year tax year 6: In section IA 2(4)(f) IQ 3 IQ 3(3) 7: In section IA 2(4)(g) corresponding income year tax year 8: Section IA 2(6) 9: Section IA 2(7) 7: For the purposes of this subpart, a tax loss component a: means an amount included in a tax loss for the tax year under subsection (3) or (4): b: includes— i: an unused amount of a net loss or an amount treated as a net loss or as an available net loss of a person arising before the 2008–09 tax year which the person was entitled to have carried forward under section IE 1 (Net losses may be offset against future net income) of the Income Tax Act 2004 to that tax year: ii: an amount included in a company's loss balance at the end of the tax year to which sections IZ 4 to IZ 6 (which relate to tax losses for tax years before 1992) apply, or other amounts in relation to which modified continuity rules apply. 10: Subsections (1) to (9) 55: Using tax losses in tax year 1: The heading to section IA 3(5) Relationship with other provisions in this subpart 2: In section IA 3(5) Sections IA 5 to IA 8 Sections IA 5, IA 8, and IA 10 3: Subsections (1) and (2) 56: Using loss balances carried forward to tax year 1: In section IA 4(1)(b) remaining loss balance remaining loss balance carried forward under section IA 2(2) 2: Section IA 4(2) Relationship with other provisions in this subpart 2: Sections IA 5 IA 8 to IA 10 3: Subsections (1) and (2) 57: Restrictions on companies' loss balances carried forward 1: Section IA 5(1) 1: A company's tax loss component is carried forward in a loss balance only if the minimum continuity requirements of subsections (2) and (3) are met. The tax loss component includes an unused tax loss component carried forward from an earlier income year. 2: Section IA 5(4) 4: If a tax loss component cannot be carried forward because the requirements of subsections (2) and (3) are not met, the company may apply section IP 3 (Continuity breach: tax loss components of companies carried forward) to determine whether some or all of the tax loss component is carried forward in a loss balance. 3: In section IA 5(6) a: in the definition of minimum market value interest for a person and a period for a person and a continuity period b: in the definition of minimum voting interest for a person and a period for a person and a continuity period 4: Subsections (1) to (3) 58: Restrictions on companies grouping tax losses 1: In section IA 6(1) may use may use under section IA 3(2) 2: Subsection (1) 59: Restrictions relating to ring-fenced losses 1: After section IA 7(1) Treatment as tax loss component 1B: For the purposes of the application of sections IA 5, IA 6, IA 9, and IA 10, a ring-fenced tax loss under this section is treated as if it were a tax loss component. 2: Section IA 7(2) 2: The general rules do not apply in relation to a loss-attributing qualifying company (LAQC) to an amount that would have been a loss balance carried forward under section IA 3(4) in the absence of sections HA 21 and HA 24(5) (which relate to the treatment of losses by LAQCs). The provisions that deal with these losses are sections HA 24 to HA 27. 3: In section IA 7(6) surplus surplus amount 4: Subsections (1) to (3) 60: General treatment 1: In section IQ 1(1) subpart IA (General rules for tax losses) sections IA 5, IA 9, and IA 10 (which relate to the continuity rules, the use of losses, and adjustments) 2: Subsection (1) 61: New section IQ 1B inserted 1: After section IQ 1 IQ 1B: Losses carried forward to tax year An attributed CFC net loss or a FIF net loss or both may be carried forward to a tax year. Section IA 5 (Restrictions on companies' loss balances carried forward) applies for the purposes of this subpart as if the net loss were a tax loss component. attributed CFC net loss, FIF net loss, tax loss component, tax year . 2: Subsection (1) 62: Ring-fencing cap on attributed CFC net losses 1: In section IQ 2(1)(a) in relation to a CFC resident in the country in which the loss arose in relation to a CFC resident in the same country in which the CFC that had the loss was resident at the time the loss arose 2: In section IQ 2(1)(b) in relation to a FIF resident in the country in which the loss arose in relation to a FIF resident in the same country in which the CFC that had the loss was resident at the time the loss arose 3: In section IQ 2(2)(b) the tax loss the attributed CFC net loss carried forward 4: Subsections (1) to (3) 63: Ring-fencing cap on FIF net losses 1: In section IQ 3(1)(a) in relation to a CFC resident in the country in which the loss arose in relation to a CFC resident in the same country in which the CFC that had the loss was resident at the time the loss arose 2: In section IQ 3(1)(b) in relation to a FIF resident in the country in which the loss arose in relation to a CFC resident in the same country in which the CFC that had the loss was resident at the time the loss arose 3: Subsections (1) and (2) 64: Group companies using attributed CFC net losses 1: In section IQ 4(1)(a) sections IA 4, IA 5, and IA 7 (which relate to the general use of tax losses) section IQ 1B 2: In section IQ 4(1)(b) section IC 5 (Company B using company A's tax loss) section IQ 2 3: In section IQ 4(2) net loss. net loss, and the part-year grouping rules in subpart IP (Meeting requirements for part-years) do not apply. 4: In section IQ 4(3) a: Section IQ 2 applies to the attributed CFC net loss, but is supplemented as follows: If company A cannot use the maximum amount referred to in section IQ 2 before the excess is converted into a tax loss component under section IQ 2(3), company A may use the amount in the following way: b: in paragraph (a), the tax loss the attributed CFC net loss together with any amount carried forward c: in paragraph (b)(ii), IQ 2 this section 5: Subsections (1) to (4) 65: Pre-consolidation losses: general treatment 1: In section IQ 6(1) section ID 2 (Pre-consolidation losses: general treatment) section IQ 1B 2: Subsection (1) 66: When group membership lacking in loss period 1: In section IQ 7(1) a: in paragraph (a), section ID 2(2) (Pre-consolidation losses: general treatment) section IQ 6 b: in paragraph (b), the earlier tax year the earlier tax year in which the net loss arose 2: In section IQ 7(2) a: in paragraph (a),— i: ring-fenced tax loss ring-fenced tax loss referred to in subsection (1) ii: sections IA 3 to IA 5 (which relate to the general use of tax losses), and b: in paragraph (b),— i: ring-fenced tax loss ring-fenced tax loss referred to in subsection (1) ii: section IC 5, and 3: Subsections (1) and (2) 67: When group membership lacking in tax year of use 1: In section IQ 8(1) section ID 2(2) (Pre-consolidation losses: general treatment) section IQ 6 2: In section IQ 8(2)(a) ring-fenced tax loss ring-fenced tax loss referred to in section IQ 7(1) 3: Subsections (1) and (2) 68: General treatment of mining companies' tax losses 1: In section IS 1 General treatment of mining companies' net losses 2: In section IS 1(2) tax loss net mining loss 3: After section IS 1(2) Meaning of net mining loss 3: For the purposes of this subpart, a net mining loss 4: Subsections (1) to (3) 69: Treatment of tax losses resulting from certain expenditure 1: In section IS 2 Treatment of net losses resulting from certain expenditure 2: In section IS 2(1)(a) tax loss net mining loss 3: In section IS 2(1)(b) a loss balance an amount of net mining loss 4: In section IS 2(2) loss balance net mining loss 5: In section IS 2(4) loss balance net mining loss 6: After section IS 2(4) Use against other income 5: The company may subtract the amount of the net mining loss from its net income that is not attributable to the mining permit area but only after meeting for the whole of the continuity period the requirements set out in sections GB 3 (Arrangements for carrying forward loss balances: companies) and IA 5 (Restrictions on companies' loss balances carried forward). For the purposes of applying section IA 5, the net mining loss is treated as if it were a tax loss component. 7: Subsections (1) to (6) 70: Holding companies' tax losses 1: In section IS 3(1)(a) loss balance net mining loss 2: Subsection (1) 71: Petroleum miners' tax losses 1: Section IS 5(2) 2: The petroleum miner's tax loss is reduced by the amount of the deduction, but only to the extent of the amount of the tax loss. For the reduction in their tax loss, the petroleum miner is allowed a deduction in an earlier tax year for an amount that is equal to the amount of the reduction. The deduction is allocated under section EJ 14 (Spreading deduction backwards). 2: Subsection (1) 72: Life insurers' policyholder net losses 1: Section IT 1(1) Amounts available 1: In calculating their policyholder base income tax liability for a tax year, a life insurer may use an amount of a policyholder net loss carried forward from an earlier tax year. The policyholder net loss includes an unused policyholder net loss determined under the Income Tax Act 2004 or the Income Tax Act 1994. Loss carried forward 1B: If a life insurer has a balance of a policyholder net loss remaining for a tax year after the uses described in this section, the balance, including all unused amounts from earlier tax years, is carried forward to the next tax year as a policyholder net loss carried forward. Treatment as tax loss component 1C: For the purposes of the application of section IA 10 (Amended assessments), a policyholder net loss under this section is treated as if it were a tax loss component. 2: After section IT 1(2) Restrictions on use 2B: A life insurer must not use a policyholder net loss to reduce a net loss of another life insurer in a tax year except as described in subsection (3). 3: Subsections (1) and (2) 73: Subpart IV repealed 1: Subpart IV 2: Subsection (1) 74: Tax credits for payroll donations Section LD 4(7)(c) 75: When donation is paid to ineligible recipient In section LD 6(3)(a), the credit is included in the credit is removed from 76: When donation returned to person In section LD 7(3)(a), the credit is included in the credit is removed from 77: What this subpart does Section LP 1(2) 78: Tax credits for supplementary dividends 1: Section LP 2(1)(a) a: a non-resident, if–– i: the non-resident has less than a 10% direct voting interest in the company; and ii: the post-treaty tax rate for the dividend and the related supplementary dividend is 15% or more; or . 2: Section LP 2(1)(b) 3: In section LP 2(2) For the year of payment For the tax year corresponding to the income year in which the company pays the dividend 4: Section LP 2(4) 5: Section LP 2(5) 6: Subsection (4) 79: Section LP 7 repealed 1: Section LP 7 2: Subsection (1) 80: Relationship with exempt income rules 1: In section LP 8(2) attached credit + dividend tax rate. 2: Section LP 8 3: Subsection (2) 81: Section LP 9 repealed 1: Section LP 9 2: Subsection (1) 82: Section LP 10 repealed 1: Section LP 10 2: Subsection (1) 83: Tax credits for investors in multi-rate PIEs 1: In section LS 2(1)(b)(ii) 19.5% the rate set out in schedule 6, table 1, row 5 or 7 2: Subsection (1) 84: Adjustments for calculation of family scheme income 1: After section MB 1(5B) Amounts of depreciation loss on sale of building 5C: For the purposes of subsection (1), in relation to a building from the sale of which the person derives assessable income, an amount of depreciation loss allowed in the 2002–03 or earlier income year is not included in family scheme income. However, this subsection does not apply to an amount of depreciation loss of a business that under section MB 4 is treated as having no net income for the purposes of calculating family scheme income. 2: Subsection (1) 85: Calculation of maximum permitted ratios 1: Section OA 18(3) 3: In the formula, tax rate a: for subsection (1)(a) to (e), the basic rate of income tax set out in schedule 1, part A, clause 2 (Basic tax rates: income tax, ESCT, RSCT, RWT and attributed fringe benefits) for the income year in which the dividend is paid: b: for subsection (1)(f), the basic rate of income tax set out in schedule 1, part A, clause 7 for the income year in which the distribution is paid. 2: Subsection (1) 86: ICA payment of tax Section OB 4(3)(c) c: income tax paid by a life insurer to satisfy its policyholder base income tax liability; or . 87: ICA debit for loss of shareholder continuity 1: In section OB 41(1) before the date on at the time at 2: Section OB 41(3) When debit arises 3: The debit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 88: Table O2: imputation debits In table O2, row 14, column 3, day time 89: FDPA debit for loss of shareholder continuity 1: In section OC 24(1) before the date on at the time at 2: Section OC 24(3) When debit arises 3: The debit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 90: Table O4: FDP debits In table O4, row 13, column 3, day time 91: BETA credit for loss of shareholder continuity 1: In section OE 10(1) before the date on at the time at 2: Section OE 10(3) is replaced by the following: When credit arises 3: The credit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 92: Table O7: branch equivalent tax credits In table O7, row 5, column 3, day time 93: MACA debit for loss of shareholder continuity 1: In section OK 15(1) before the date on at the time at 2: Section OK 15(3) When debit arises 3: The debit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 94: Table O18: Maori authority debits In table O18, row 7, column 3, day time 95: Consolidated ICA debit for loss of shareholder continuity 1: In section OP 42(1) before the date on at the time at 2: Section OP 42(3) When debit arises 3: The debit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 96: Table O20: imputation debits of consolidated imputation groups In table O20, row 16, column 3, day time 97: Consolidated FDPA debit for loss of shareholder continuity 1: In section OP 73(1) before the date on at the time at 2: Section OP 73(3) When debit arises 3: The debit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 98: Table O22: FDP debits of consolidated FDP groups In table O22, row 11, column 3, day time 99: Consolidated BETA credit for loss of shareholder continuity 1: In section OP 104(1) before the date on at the time at 2: Section OP 104(3) When credit arises 3: The credit arises at the time shareholder continuity is lost. 3: Subsections (1) and (2) 100: Table O25: branch equivalent tax credits of consolidated BETA groups In table O25, row 5, column 3, day time 101: Amounts treated as income tax 1: In section RA 2 NC 2(1) NC 20(1) 2: Subsection (1) 102: Salary or wages Section RD 5(6)(b) b: an income-tested benefit: bb: a veteran's pension, other than a veteran's pension paid under section 74J(2)(b) of the War Pensions Act 1954: bc: New Zealand superannuation, other than New Zealand superannuation paid under section 26(2)(b) of the New Zealand Superannuation and Retirement Income Act 2001: bd: a living alone payment: . 103: Amounts of tax for PAYE income payments 1: Section RD 10(2)(a) a: for an employee whose taxable income for the income year is expected to be not more than $48,000, the rate set out in schedule 2, part B, table 1, row 2; or b: for an employee whose taxable income for the income year is expected to be not more than $70,000, the rate set out in schedule 2, part B, table 1, row 3; or c: for other employees, the rate set out in schedule 2, part B, table 1, row 4. 2: After section RD 10(2), the following is inserted: Relationship with section RD 17 2B: Despite subsection (2), a person must not choose a rate set out in schedule 2, part B, table 1 that is lower than the rate that would apply to the amount of extra pay under section RD 17. 3: Subsections (1) and (2) 104: Payment of extra pay with other PAYE income payments 1: Section RD 17(1) When this section applies 1: This section applies when a person pays an amount of extra pay to an employee who also receives a PAYE income payment from the person, regardless of whether the extra pay is paid with or separately from a PAYE income payment. The amount of tax for the extra pay is based on the sum of— a: the amount of the extra pay; and b: the annualised value of all PAYE income payments made to the employee in the period that starts 4 weeks before the date of the payment of the extra pay and ends on the date of that payment. Calculating annualised value 1B: For the purposes of calculating the amount that is the annualised value referred to in subsection (1)(b) subsection (1)(a) 2: Section RD 17(2) Rates applying 2: For the sum of the amounts referred to in subsection (1) schedule 2, part B, table 1 a: if the sum of the amounts is $14,000 or less, the amount determined by applying row 1: b: if the sum of the amounts is more than $14,000 but not more than $48,000, the amount determined by applying row 2: c: if the sum of the amounts is more than $48,000 but not more than $70,000, the amount determined by applying row 3: d: if the sum of the amounts is more than $70,000, the amount determined by applying row 4. When secondary tax codes apply 3: Despite subsection (2) section 24B(3)(bb), schedule 2, part B, table 1 extra pay + annualised amount + low threshold amount. Definition of items in formula 4: In the formula,— a: extra pay b: annualised amount subsections (1)(b) and (1B) c: low threshold amount i: for secondary code SB, $0: ii: for secondary code S, $14,001: iii: for secondary code SH, $48,001: iv: for secondary code ST, $70,001. 3: Subsection (1) 4: Subsection (2) 105: RWT rules and their application 1: In section RE 1(1)(c) sections 15T sections 15N 2: Subsection (1) 106: Resident passive income 1: After section RE 2(5)(i) j: a dividend treated as derived by a person under section GB 1(3) (Arrangements involving dividend stripping). 2: Subsection (1) 107: New section RE 10B inserted 1: After section RE 10 RE 10B: Amounts withheld from distributions to holders of FIF attributing interests When this section applies 1: This section applies when— a: a distribution is made to a holder of an attributing interest in a FIF; and b: section CD 36 (Foreign investment fund income) or EX 59(2) (Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method) applies to the distribution; and c: an amount is withheld by the payer from the distribution because the payer has treated the distribution as resident passive income subject to the RWT rules. Treatment of amount 2: The amount withheld is treated as— a: RWT for the purposes of this subpart and subpart LA (General rules for tax credits), and sections LB 3 (Tax credits for resident withholding tax), and RM 1 to RM 10 (which relate to refunds); and b: tax paid in excess for the purposes of Part 10B of the Tax Administration Act 1994. Treatment of distribution 3: The distribution is treated as resident passive income for the purposes of the sections listed in subsection (2) Refunds 4: Subsection (2) section RM 8(4) or (5) amount of tax, attributing interest, FIF, pay, resident passive income, RWT, tax . 2: Subsection (1) 108: Interest 1: After section RE 12(4) Modification for companies and portfolio investment entities for 2010–11 income year 5: Despite subsection (3)(a), the amount of tax that the person must withhold and pay may, if the person chooses, be calculated under subsection (3) using a tax rate a: the payment of resident passive income that consists of interest is made to a company or a portfolio investment entity in the 2010–11 income year; and b: the tax rate under subsection (3)(a) would be 0.33 in the absence of this subsection. 2: Subsection (1) 109: Choosing higher rates 1: The heading to section RE 19 Choosing other rates 2: Subsection (1) 110: When payment treated as non-resident passive income 1: Section RE 22(1)(a) a: a person ( person A person B . 2: Subsection (1) 111: NRWT rules and their application 1: After section RF 1(2) What this section does not apply to 3: This section does not apply to an amount referred to in section CC 1(2)(a) to (d) (Land) to which section CC 9 (Royalties) applies. Exception: certain income from land 4: Despite subsection (3) a: the exploitation of, or right to exploit, plant material or a naturally occurring material or mineral arising in or on the land: b: the removal of, or right to remove, plant material or a naturally occurring material or mineral arising in or on the land. 2: Subsection (1) 112: Obligation to withhold amounts of tax for non-resident passive income 1: In section RF 3 Withholding amount of tax . 2: In section RF 3 Exclusion 2: Despite subsection (1), no obligation to withhold NRWT arises in relation to an amount treated as a dividend under section GB 1(3) (Arrangements involving dividend stripping). 3: Subsections (1) and (2) 113: When amounts of tax not withheld or partly withheld 1: After section RF 6(1) When amount treated as dividend 1B: A person who derives non-resident passive income that is a dividend under section GB 1(3) (Arrangements involving dividend stripping) is treated as a filing taxpayer. 2: Subsection (1) 114: When dividends fully imputed or fully credited In section RF 9(1) and RF 10 , RF 10, and RF 11B 115: New section RF 11B After section RF 11 RF 11B: Certain dividends paid to certain non-residents The rate of NRWT payable on a payment of non-resident passive income is 0% to the extent to which the payment is a fully imputed dividend paid to a non-resident by a company, if–– a: the non-resident has a 10% or more direct voting interest in the company: b: the non-resident has less than a 10% direct voting interest in the company and, but for this section, the post-treaty tax rate for the dividend is less than 15%. company, direct voting interest, dividend, non-resident, non-resident passive income, NRWT, pay, post-treaty tax rate . 116: Interest paid by approved issuers or transitional residents In section RF 12(3) in respect of a registered security in relation to a registered security 117: Overpaid RWT or NRWT 1: After section RM 8(2) When subsections (4) and (5) apply 3: Subsections (4) and (5) a: a holder of an attributing interest in a FIF receives a distribution from which an amount of tax for resident passive income has been withheld; and b: section CD 36 (Foreign investment fund income) applies to the distribution. Certain FIF income: application by holder 4: The holder may apply for a refund if— a: they apply before the next 31 March after the date on which the amount was withheld, with supporting information to show that the threshold referred to in section CQ 5(1)(d) (When FIF income arises) has been exceeded for their corresponding income year; and b: the person making the distribution has not— i: paid them a refund of the amount; or ii: applied themselves under subsection (5) c: they notify the person making the distribution of their application under this subsection. Certain FIF income: application by payer 5: The person making the distribution may apply for a refund if— a: they apply before the next 31 March after the date on which the amount was withheld, with supporting information to show the payment has been made to the holder without any subtraction permitted by section RA 12(5) and (6) (Adjustment to correct errors: certain excess amounts); and b: the holder has not applied for a refund under subsection (4) c: they provide, in relation to the amount,— i: a statement that they will not include particulars in an RWT withholding reconciliation statement made under section 51 of the Tax Administration Act 1994; and ii: the disclosure information required by section 52 of that Act. Use of refund 6: An amount of a refund paid under subsection (4) or (5) 2: Subsection (1) 118: Definitions 1: This section amends section YA 1 2: The definition of cost of timber cost of timber sections DP 11 a: means the amount of expenditure incurred by a person in relation to timber— i: before harvest, for a disposal of harvested timber: ii: before the disposal of the timber or the relevant right, for a disposal of standing timber or a disposal of a right to take timber, or another right referred to in section DP 11(4) b: includes, for section DP 11 i: expenditure on planning, planting, and growing the timber: ii: expenditure incurred in relation to the rights listed in section DP 11(4) c: excludes— i: expenditure for which a deduction is allowed under a provision of this Act other than section DP 11 ii: expenditure to which section DB 46 (Avoiding, remedying, or mitigating effects of discharge of contaminant) applies: iii: an amount allowed as a deduction under section DQ 4 (Environmental restoration accounts scheme) . 3: The definition of creditor workout creditor workout a: a compromise, as that term is defined in section 227 of the Companies Act 1993, in writing that, for the parties to the financial arrangement, is binding under Part 14, 15, or 15A of that Act, or is otherwise legally binding, to the extent to which the compromise does not cancel all of a debt: b: a suspension in part of the repayment of any deposit, the payment of any debt, or the discharge of any obligation, under section 44 of the Corporations (Investigation and Management) Act 1989 . 4: In the definition of dividend f: in sections FM 30, GB 38, OP 58, and OP 64 to OP 68 (which relate to consolidated groups), subpart OE (Branch equivalent tax accounts (BETA)), subpart OJ (Policyholder credit accounts (PCA)), in the FDP rules and the imputation rules, and in the definitions of benchmark dividend combined imputation and FDP ratio company dividend statement excess credit amount FDP credit FDP ratio imputation credit imputation ratio pay shareholder dividend statement . 5: In the definition of employer monthly schedule row 2 row 3 6: The definition of employer sponsored group policy 7: In the definition of fixed-rate share f: in section FA 2B (Stapled debt securities), and the definitions of proportional-stapling company stapled debt security i: a share described in paragraph (a): ii: a share that would be a share described in paragraph (a) but for a dividend or a variation in the rate of dividend that may occur when the share is converted into another share (the other share paragraph (g) iii: a share for which the dividend payable is the equivalent of the payment of interest for money lent, having regard to the factors set out in paragraph (h) g: for the purposes of paragraph (f)(ii) i: a change in value of the other share occurs in a period that starts no more than 30 days before the share is converted and ends when the share is converted, and the period was a term or condition of the share when the share was first issued: ii: a term or condition of the share that existed when the share was first issued, and the term or condition sets the gain at a fixed percentage equal to 5% or a lesser percentage of the amount subscribed for the share: h: for the purposes of paragraph (f)(iii) i: whether or not the share is redeemable: ii: any security provided to the shareholder, including put or call options over the share or any amount payable determined by reference to the amount of dividend payable: iii: the variability or lack of variability of the dividend payable . 8: After the definition of forestry assets forestry business . 9: In the definition of lease paragraph (e) paragraph (f) 10: In the definition of lease paragraph (c) paragraph (d) 11: In the definition of lessee a: in paragraph (a), paragraph (b) paragraph (c) b: in paragraph (b), paragraph (c) paragraph (d) 12: In the definition of lessor a: in paragraph (a), paragraph (b) paragraph (c) b: in paragraph (b), paragraph (c) paragraph (d) 13: The definition of loss balance loss balance a: means the sum of all tax loss components— i: arising in the tax year and included in the tax loss for the tax year under section IA 2(3) and (4) (Tax losses), to the extent not used under section IA 3(1) to (3) or IA 4(1)(a) (which relate to the first use and to particular losses): ii: arising in an earlier tax year and carried forward under section IA 3(4) to the tax year, to the extent not used under section IA 3(1) to (3) or IA 4(1)(a): b: does not include a tax loss component included in a company's loss balance at the end of the tax year if the requirements of section IA 5 (Restrictions on companies' loss balances carried forward), as modified by sections IZ 4 to IZ 6 (which relate to tax losses for tax years before 1992), have not been met . 14: After the definition of net loss net mining loss section IS 1(3) . 15: After the definition of new personal tax rate person new reporting standard section DB 35 section DB 34 . 16: After the definition of old financial arrangements rules old reporting standard section DB 35 section DB 34 . 17: After the definition of petroleum-related depreciable property PFSI forestry business PFSI forestry income a: relating to a forest sink covenant entered into by the person; and b: derived by the person from— i: receiving an emissions unit under the covenant; or ii: entering into a transaction in relation to an emissions unit received under the covenant . 18: In the definition of PIE rules ring-fenced losses ring-fenced tax losses 19: After the definition of policyholder base income policyholder unvested liabilities . 20: The definitions of portable New Zealand superannuation portable veteran's pension portable New Zealand superannuation a: section 26(2)(a) of the New Zealand Superannuation and Retirement Income Act 2001, or under section 26(2)(b) where the superannuitant is residing in a country to which section 26(1)(a) of that Act applies; or b: section 31 of the New Zealand Superannuation and Retirement Income Act 2001; or c: section 19 of the Social Welfare (Transitional Provisions) Act 1990 portable veteran's pension a: section 74J(2)(a) of the War Pensions Act 1954, or under section 74J(2)(b) where the pensioner is residing in a country to which section 74J(1)(a) of that Act applies; or b: section 74O of the War Pensions Act 1954; or c: section 19 of the Social Welfare (Transitional Provisions) Act 1990 . 21: After the definition of post-1989 forest land emissions unit post-treaty tax rate . 22: In the definition of prescribed investor rate under sections HM 56 to HM 59 (which relate to the default and other tax rates for investors) set out in schedule 6, table 1 23: In the definition of relative a: in paragraph (a), in the words before the subparagraphs, except in section HC 36 (Trusts and minor beneficiary rule) for the purposes of only this Act, other than in section HC 36 (Trusts and minor beneficiary rule) b: in paragraph (b), that section only that section c: after paragraph (b), the following is added: c: for the purposes of the definition of relative i: being within the fourth degree of blood relationship to the other: ii: being in a marriage, civil union, or de facto relationship with the other: iii: being in a marriage, civil union, or de facto relationship with a person who is within the fourth degree of blood relationship to the other: iv: being adopted as a child of the other or as a child of a person who is within the third degree of relationship to the other: v: being the trustee of a trust under which a relative of the other person has benefited or is eligible to benefit . 24: The definition of reporting standard 25: The definition of retirement scheme prescribed rate retirement scheme prescribed rate schedule 6, table 2 . 26: In the definition of RMBS special purpose vehicle a: in the introductory words, HR 9 HR 9 (RMBS special purpose vehicles are transparent) b: in paragraph (c), is in respect of relates to 27: In the definition of RWT proxy section 15T section 15N 28: The definition of savings product policy savings product policy a: is greater than zero; and b: does not arise wholly from the payback of a portion of a policyholder's premiums . 29: In the definition of share purchase agreement employment income) employment income) and HC 27(3B) 30: The definition of supplementary dividend holding company 31: The definition of tax loss tax loss . 32: In the definition of taxable distribution section HC 15(2) section HC 15 33: The definition of timber timber a: is defined in section DP 11(4) b: includes standing timber in— i: section DP 11 ii: section EB 24 (Apportionment on disposal of business assets that include trading stock): iii: section FB 6 (Timber or right to take timber): iv: section GC 1 (Disposals of trading stock at below market value): v: the definition of dispose vi: the definition of right to take timber vii: the definition of trading stock . 34: After the definition of working day workplace group policy section EY 30 . 35: The definition of year of payment 36: In the definition of zero-rated investor HM 59 HM 57 37: Subsections (2), (3), (4), (7), (8), (9), (10), (11), (12), (13), (14), (17), (27), (29), (31), (32), and (33) 38: Subsections (5), (18), (22), (25), and (36) 39: Subsections (6), (19), (28), and (34) a: on and after 1 July 2010, unless paragraph (b) b: for an income year that includes 1 July 2010 and later income years, if the life insurer chooses to apply the new life insurance rules in the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 in a return of income for the tax year corresponding to the first relevant income year. 40: Subsection (30) 119: What this subpart does Section YB 1(8) 120: Tripartite relationship In section YB 14(1) YB 13 YB 12 121: Transparency of nominees 1: After section YB 21(2) Nominal settlements 3: A person making a nominal settlement at the request of another person is treated for the purposes of this Act as a nominee in relation to the settlement. 2: Subsection (1) 122: Schedule 1—Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits 1: In schedule 1, part D, clauses 3 to 6 passive resident income resident passive income 2: Schedule 1, part D Table 2 Row Conditions Payment rate 1 The payer of the interest has not been supplied with the tax file number of the person who is paid the interest. 0.380 2 For a person who opens a new account after 31 March 2010 the payer of the interest— (a) has been supplied with the tax file number of the person; and (b) has not received a payment rate election from the person. 0.380 3 For a person who chooses the payment rate of 0.380, the payer of the interest— (a) has been supplied with the tax file number of the person; and (b) has received a payment rate election from the person. 0.380 4 For a person who chooses the payment rate of 0.330, the payer of the interest— (a) has been supplied with the tax file number of the person; and (b) has received a payment rate election from the person. 0.330 5 For a person in relation to whom RWT is withheld at the payment rate of 0.195 before 1 April 2010, the payer of the interest— (a) has been supplied with the tax file number of the person; and (b) has not received a payment rate election from the person. 0.210 6 For a person who chooses the payment rate of 0.210, the payer of the interest— (a) has been supplied with the tax file number of the person; and (b) has received a payment rate election from the person. 0.210 7 For a person other than a trustee who chooses the payment rate of 0.125 and has a reasonable expectation at the time of the election that their income for the income year will be $14,000 or less, the payer of the interest— (a) has been supplied with the tax file number of the person; and (b) has received a payment rate election from the person. 0.125 8 For a person— (a) who— (i) receives interest as a trustee of a testamentary trust to which section HC 37 applies; and (ii) chooses the payment rate of 0.125; and (b) in relation to whom, the payer of the interest— (i) has been supplied with the tax file number of the person; and (ii) has received a payment rate election from the person. 0.125 How to use this table Find the applicable condition in the second column, in order to find the relevant rate to apply, in the third column. 3: In schedule 1, part D 0.33 0.30 4: In schedule 1, part D 0.39 0.38 5: In schedule 1, part D a: in row 1, 0.39 0.38 b: in row 2, 0.390 0.380 6: Schedule 1, part D Table 5 Row Conditions Payment rate 1 The person responsible for withholding RSCT— (a) has been notified under section 28C of the Tax Administration Act 1994 that 12.5 cents in the dollar is the person's retirement scheme prescribed rate; and (b) has been supplied with the tax file number of the person. 0.125 2 The person is a non-resident and a distribution of no more than $200 is made to them by a retirement scheme contributor that is a Maori authority. 0.125 3 The person responsible for withholding RSCT— (a) has been notified under section 28C of the Tax Administration Act 1994 that 21 cents in the dollar is equal to or greater than the person's retirement scheme prescribed rate; and (b) has been supplied with the tax file number of the person. 0.210 4 The person responsible for withholding RSCT— (a) has been notified under section 28C of the Tax Administration Act 1994 that 33 cents in the dollar is equal to or greater than the person's retirement scheme prescribed rate; and (b) has been supplied with the tax file number of the person. 0.330 5 When none of rows 1 to 4 apply. 0.380 How to use this table Find the applicable condition in the second column, in order to find the relevant rate to apply, in the third column. 7: Subsection (1) 8: Subsections (2), (4), (5), and (6) 9: Subsection (3) 123: Schedule 2—Basic tax rates for PAYE income payments 1: In schedule 2, part A, clause 2 total payment × weekly PAYE table amount. weekly portion of the payment 2: After schedule 2, part A “9 “SB” tax code If an employee has notified their employer that the employee's tax code is “SB” under section 24B(3)(bb) 3: Schedule 2, part B Table 1 Row Condition Payment rate 1 Section RD 17(2)(a) 0.125 2 Section RD 10(2)(a) RD 17(2)(b) 0.210 3 Section RD 10(2)(b) RD 17(2)(c) 0.330 4 Section RD 10(2)(c) RD 17(2)(d) 0.380 How to use this table Find the applicable condition in the second column, in order to find the relevant rate to apply, in the third column. 4: Subsection (1) 5: Subsections (2) and (3) 124: New schedule 6 inserted 1: After schedule 5 “Schedule 6: ss CX 50B, HM 56 Prescribed rates: PIE investments and retirement scheme contributions 1: PIE investments The prescribed investor rate for a person who is an investor in a multi-rate PIE is set out in table 1 Table 1 Row Conditions Prescribed rate 1 For a natural person who is resident in New Zealand and who, in each of the 2 income years before the relevant tax year, derives— (a) $48,000 or more in taxable income: (b) $70,000 or more in the sum of their taxable income and attributed PIE income after subtracting any attributed PIE loss. 0.300 2 For a non-resident person who notifies this rate for the relevant tax year. 0.300 3 For a person who— (a) is resident in New Zealand and who derives income for the relevant tax year as a trustee of a trust other than a trust with income that is exempt income under section CW 41 or CW 42; and (b) notifies this rate for the relevant tax year. 0.300 4 For a natural person who is resident in New Zealand and is not a person described in row 1 (a) between $14,000 and $48,000 in taxable income; and (b) $70,000 or less in the sum of their taxable income and attributed PIE income after subtracting any attributable PIE loss. 0.210 5 For a person who— (a) is resident in New Zealand and derives income for the relevant tax year as a trustee of a trust other than a trust with income that is exempt income under section CW 41 or CW 42; and (b) notifies this rate for the relevant tax year. 0.210 6 For a natural person who is resident in New Zealand and is not a person described in row 1 or 4 (a) $14,000 or less in taxable income; and (b) $48,000 or less in the sum of the taxable income and attributed PIE income after subtracting any attributable PIE loss. 0.125 7 For a person who— (a) is resident in New Zealand and derives income for the relevant tax year as a trustee of a testamentary trust to which section HC 37 applies other than a trust with income that is exempt income under section CW 41 or CW 42; and (b) notifies this rate for the relevant tax year. 0.125 8 For a person who is a zero-rated investor. 0.000 How to use this table Find the applicable condition in the second column, in order to find the relevant rate to apply, in the third column. 2: Retirement scheme contributions The retirement scheme prescribed rate for a person in relation to a retirement scheme contribution made for them is set out in table 2 Table 2 Row Conditions Prescribed rate 1 For a person other than a person described in any of rows 2 to 7 0.380 2 For a person who, in either of the 2 income years before the income year in which the contribution is made, derives more than $48,000 but not more than $70,000 in taxable income. 0.330 3 For a person who is not a person described in row 2 0.210 4 For a person who is not a person described in row 2 or 3 0.125 5 For a non-resident person to whom a distribution of no more than $200 is made by a retirement scheme contributor that is a Maori authority. 0.125 6 For a non-resident person who supplies a retirement scheme contributor that is a Maori authority with a notice under section 28C of the Tax Administration Act 1994. 0.125 7 For a non-resident person in relation to a contribution that consists of non-resident passive income. 0.000 How to use this table Find the applicable condition in the second column, in order to find the relevant rate to apply, in the third column. 2: Subsection (1) 125: Schedule 51—Identified changes in legislation 1: In schedule 51 GB 1 Section GB 1(3) is clarified to confirm that the amount of the dividend derived is part of the consideration for the shares. 2: In schedule 51, after the entry for GB 42(2)(d), the following is inserted: HC 27(2) The definition of settlor 3: Subsections (1) and (2) 126: Lists of defined terms in Income Tax Act 2007 The lists of defined terms in the sections of the Income Tax Act 2007 listed in schedule 1 2: Amendments to Tax Administration Act 1994 127: Tax Administration Act 1994 Sections 128 to 143 2009-12-07 Tax Administration Act 1994 For all retrospective provisions (“date as at” is the assent date, not in force date (see COG 16.20) 2009-12-08 Tax Administration Act 1994 2010-04-01 Tax Administration Act 1994 128: Interpretation In section 3(1) contested tax 129: Giving of notices by Commissioner Section 14(7) 7: The Commissioner may give the notice to the addressee by an electronic means of communication unless there are reasonable grounds to suppose that the notice will not be received by the addressee. This subsection overrides the consent provisions of the Electronic Transactions Act 2002. 130: PAYE tax codes 1: After section 24B(3)(b) bb: “SB” for secondary employment earnings for an employee whose annual income is not more than $14,000: . 2: Subsection (1) 131: Section 24C replaced 1: Section 24C 24C: Tax code for payment that includes income-tested benefits An employee who receives a PAYE income payment of an income-tested benefit and a PAYE income payment that does not consist of an income-tested benefit may choose, for their non-benefit income, a tax code set out in section 24B(3)(bb) 2: Subsection (1) 132: New heading and new section 25A 1: Before section 25 RWT rates, certificates, and records 25A: Use of inconsistent RWT rates 1: This section applies when the Commissioner considers that a person who receives a payment of resident passive income consisting of interest has chosen in relation to the payment an RWT rate that is inconsistent with their marginal tax rate. 2: The Commissioner may notify the payer of the interest of the inconsistent rate and provide the payer with the RWT rate for the person. 3: The payer must use the RWT rate provided by the Commissioner in relation to the person as soon as reasonably practicable after the date of notification. However, if the person subsequently notifies the payer of a different RWT rate, the payer must apply the rate notified by the person. 2: Subsection (1) 133: Person advising retirement savings scheme of retirement scheme prescribed rate 1: In section 28C 39% 38% 2: Subsection (1) 134: Annual returns of income not required 1: In section 33A(1)(b)(iv) AAA: schedule 1, part D, table 2, row 5 or 6 of the Income Tax Act 2007 if that person's annual gross income is more than $14,000 but not more than $48,000; or . 2: In section 33A(1)(b)(iv)(A) row 3 row 4 3: In section 33A(1)(b)(iv)(B) row 4 or 5 row 1, 2, or 3 4: In section 33A(1)(b)(v) AAA: schedule 2, part B, row 2 of the Income Tax Act 2007 if that person's annual gross income is more than $14,000 but not more than $48,000; or . 5: In section 33A(1)(b)(v)(A) row 2 row 3 6: In section 33A(1)(b)(v)(B) row 3 row 4 7: In section 33A(1)(b)(vi) AAA: schedule 2, part A, clause 4 of the Income Tax Act 2007 if that person's annual gross income is more than $14,000 but not more than $48,000; or . 8: In section 33A(5) must may 9: Subsections (1), (2), (3), (4), (5), (6), and (7) 10: Subsection (8) 135: Certificates about trees 1: In section 44C(3) schedule 20, part A, item 8 schedule 20, part A, item 9 2: Subsection (1) 136: Section 80C replaced 1: Section 80C 80C: Requests for income statements A person to whom section 33A(1) applies may, at any time after the end of the person's tax year, request the issue of an income statement relating to that year. 2: Subsection (1) 137: Commissioner must issue income statement 1: Section 80D(1)(c)(i) 2: In section 80D(2) to a person at any time to a person, or require a person to apply for an income statement, at any time 3: Subsection (1) 138: Statement of family scheme income 1: Section 80KV(2) 2: The person must, in the time within which they are required to file their return of income for the tax year, give the Commissioner a complete statement of their family scheme income for the tax year, including the family scheme income of their spouse, civil union partner, or de facto partner, as applicable. 2: Subsection (1) 139: Taxation laws in respect of which binding rulings may be made 1: In section 91C(1)(e) on an application to which section YA 4(1)(a)(i) of the Income Tax Act 2004 applies, 2: In section 91C(1)(eb) on an application to which section ZA 4(1)(a)(i) of the Income Tax Act 2007 applies, 140: New section 113A inserted After section 113 113A: Correction of minor errors in subsequent returns 1: This section applies for the purposes of this Act and the Goods and Services Tax Act 1985 when— a: a person has provided a return in which the assessment of their liability for income tax, fringe benefit tax, or goods and services tax contains 1 or more minor errors; and b: the error was caused by a clear mistake, simple oversight, or mistaken understanding on the person's part; and c: for a single return, the total discrepancy in the assessment that is caused by the error is $500 or less. 2: The Commissioner may allow the person to correct the error in the next return that is due after the discovery of the error. 3: For the purposes of subsection (1)(c) 141: Certain rights of challenge not conferred In section 138E(1)(e)(iv) 120U, 120U, 138I(2B), 142: Definitions In section 173B contested tax 143: Limitations on assistance in recovery Section 173G(1) 1: The Commissioner may assist in recovering an amount of unpaid tax only if— a: payment of the amount is enforceable under the laws of the state of the applicant requesting assistance under a tax recovery agreement; and b: the amount is owed by a person who cannot, under the laws of the state of the applicant, prevent collection of the amount. 1B: The circumstances in which the Commissioner may provide assistance under this section include the following in relation to the amount of unpaid tax: a: the period within which the person may exercise a right to contest the assessment has expired: b: the person has withdrawn an objection in relation to the amount: c: the person has waived a right to contest the assessment: d: the person is required to pay some or all of the amount, regardless of any right to contest the assessment: e: the person is otherwise unable, under the laws of the state of the applicant, to prevent collection of the amount. 1C: For the purposes of this section and section 173E(2)(a), the amount referred to in subsection (1) 3: Amendments to Goods and Services Tax Act 1985 144: Goods and Services Tax Act 1985 Sections 145 to 147 Goods and Services Tax Act 1985 2009-12-07 Goods and Services Tax Act 1985 for all retrospective dates (“Date as at” is the assent date, not the in force date— see COG 16.20) 2009-12-08 Goods and Services Tax Act 1985 145: Meaning of associated persons 1: Section 2A(1)(f) f: a trustee of a trust and a person who has benefited or is eligible to benefit under the trust, except if, in relation to a supply of goods and services,— i: the trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic, or cultural purposes and the supply is made in carrying out these purposes; or ii: the person is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic, or cultural purposes and the supply enables them to carry out these purposes: . 2: Section 2A(1)(h) is replaced by the following: h: a trustee of a trust and a trustee of another trust if the same person is a settlor of both trusts, except if, in relation to a supply of goods and services,— i: either trustee is a charitable or non-profit body with wholly or principally charitable, benevolent, philanthropic, or cultural purposes; and ii: the supply is made in, or enables, the carrying out of the charitable, benevolent, philanthropic, or cultural purposes: . 146: Imposition of goods and services tax on supply After section 8(2) 2B: To the extent to which a supply of services consists of the facilitation of inbound tour operations, the supply is chargeable with tax under subsection (1), and section 11A does not apply to that part of the supply. 2C: Despite subsection (2B), the part of the supply that consists of the facilitation of inbound tour operations is charged at the rate of 0% if— a: a registered person supplies the services in the period from 1 July 2007 to 30 June 2008 (the transitional period b: the consideration for the supply is an amount quantified— i: on the basis of the person's gross margin attributable to the facilitation of inbound tour operations; or ii: by other means that the Commissioner is able to verify. 2D: For the purposes of subsection (2C)(b), the amount of the consideration must be— a: calculated for each of the person's taxable periods that fall in the transitional period: b: for any days in the person's taxable period that fall outside the transitional period, apportioned on a pro rata basis. 2E: If a registered person has supplied services in the transitional period by way of the facilitation of inbound tour operations and tax was paid under this section in relation to the services, the person is entitled to a refund of the amount of tax paid. They must apply for the refund in writing within the period that starts on the date of Royal assent of the Taxation (Consequential Rate Alignment and Remedial Matters) Act 2009 and ends 6 months after that date. 2F: For the purposes of subsections (2B) and (2C), services that consist of the facilitation of inbound tour operations means the services that a registered person provides in packaging 1 or more domestic tourism products and services in New Zealand and selling them outside New Zealand to a non-resident person. The tourism products and services may include accommodation, meals, transport, and other activities. 147: Meaning of term supply After section 5(6AB) 6AC: For the purposes of this Act, a levy that is paid under the Waste Minimisation Act 2008 is treated as being consideration for a supply of services in the course or furtherance of a taxable activity. For the purposes of this subsection, the payment of the levy includes, and is for, the following transactions: a: a payment made by a waste disposal facility user to a waste disposal facility operator; and b: a payment made by a waste disposal facility operator to the Secretary for the Ministry for the Environment; and c: a payment made by the Secretary to a funding recipient or territorial authority to fund waste minimisation activities in the community as described in section 30 of the Waste Minimisation Act 2008. 4: Amendments to Income Tax Act 2004 148: Income Tax Act 2004 Sections 149 to 163 Income Tax Act 2004 2009-12-07 Income Tax Act 2004 149: Available capital distribution amount In section CD 33(11) subsection (12) subsections (7)(c) and (12) 150: Meaning of expenditure on account of an employee In section CE 5(3)(bb) meals) meals and certain other allowances) 151: Expenditure on account, and reimbursement, of employees In section CW 13(4) section CW 13B (Relocation payments) or section CW 13C (Payments for overtime meals) section CW 13B or CW 13C 152: Research or development 1: Section DB 26(2) 2: Subsection (1) applies to a person who recognises the expenditure as an expense for financial reporting purposes,— a: under paragraph 5.1 or 5.2 of the old reporting standard or because paragraph 5.4 of that standard applies; or b: under paragraph 68(a) of the new reporting standard applying, for the purposes of that paragraph, paragraphs 54 to 67 of that standard. 2: Section DB 26(4)(b) is replaced by the following: b: would be required, if the expenditure were material, to recognise it for financial reporting purposes— i: under paragraph 5.1 or 5.2 of the old reporting standard or because paragraph 5.4 of that standard applies; or ii: under paragraph 68(a) of the new reporting standard applying, for the purposes of that paragraph, paragraphs 54 to 67 of that standard. 3: Subsections (1) and (2) 153: Some definitions In section DB 27(1) reporting standard new reporting standard old reporting standard . 154: Gifts of money by company Section DB 32(3) 3: The deduction for the total of all gifts made in an income year is limited to 5% of the amount that would be the company's net income in the corresponding tax year in the absence of this section. 155: Section DP 10 replaced 1: Section DP 10 DP 10: Cost of timber When this section applies 1: This section applies when a person— a: derives an amount on the disposal of timber and the amount is income of the person under section CB 22 (Disposal of timber or right to take timber) or CB 23 (Disposal of land with standing timber); and b: has incurred expenditure in relation to the timber that is a cost of timber. Deduction 2: The person is allowed a deduction for the amount that is a cost of timber. Timing of deduction 3: The deduction is allocated— a: for timber harvested from the land before the time of disposal, to the income year in which the timber first becomes trading stock of the person; or b: otherwise, by section EA 2 (Other revenue account property). Meaning of timber 4: In this section, timber a: the creation or grant of a right to take timber: b: the grant of a licence or an easement in relation to timber: c: the creation of a forestry right as defined in section 2 of the Forestry Rights Registration Act 1983, other than a right in favour of the proprietor in relation to establishing, maintaining, and harvesting timber. Link with subpart DA 5: This section supplements the general permission and overrides the capital limitation. The other general limitations still apply. amount, business, capital limitation, cost of timber, deduction, dispose, general permission, income year, timber, trading stock . 2: Subsection (1) 156: Ring-fenced allocations In section DT 1A(4) in respect of the excess for the excess 157: Branch equivalent income or loss: calculation rules 1: In section EX 21(26) the amount actuarially determined to be the part of the CFC's net income or loss the amount actuarially determined to be part of the CFC's profit or loss 2: Subsection (1) 158: Accounting profits method 1: Section EX 42(5) 5: For an income interest that the person has held for more than 12 months, the person may follow a simplified calculation process by choosing to be treated as holding, at all times in the income year, the same interest, including zero interest, that they held at the end of the income year. The person makes the election by completing their return of income accordingly for the relevant income year. 2: Subsection (1) subsection (1) section EX 42(5) 159: Unlisted company may choose to become portfolio listed company After section HL 11B(2) Extension in certain cases 3: Despite subsection (2), a company that makes an election under subsection (1) does not stop being a portfolio listed company from the last day of the period of 2 years from the date on which the election takes effect if— a: the company has met the requirements of subsection (1)(b) and (c) before 2 July 2009; and b: a period of 4 years from the date on which the election takes effect has not expired. Further extension granted by Commissioner 4: Despite subsections (2) and (3) 160: Credits arising to imputation credit account In section ME 4(1)(a)(ii) to which section EY 47 applies 161: New section NF 2E inserted 1: After section NF 2D NF 2E: Amounts withheld from distributions to holders of FIF attributing interests 1: This section applies when— a: a distribution is made to a holder of an attributing interest in a FIF; and b: section CD 26 or EX 47(2) applies to the distribution; and c: an amount is deducted from the distribution because the payer has treated the distribution as resident withholding income subject to the RWT rules. 2: The amount deducted is treated as— a: RWT for the purposes of this subpart and subpart MD and section LD 3; and b: tax paid in excess for the purposes of Part 10B of the Tax Administration Act 1994. 3: The distribution is treated as resident withholding income for the purposes of the provisions listed in subsection (2) 4: Subsection (2) 2: Subsection (1) 162: Definitions 1: This section amends section OB 1 2: The definition of cost of timber cost of timber DP 10 a: means the amount of expenditure incurred by a person in relation to timber— i: before harvest, for a disposal of harvested timber: ii: before the disposal of the timber or the relevant right, for a disposal of standing timber or a disposal of a right to take timber, or another right referred to in section DP 10(4) b: includes, for section DP 10 i: expenditure on planning, planting, and growing the timber: ii: expenditure incurred in relation to the rights listed in section DP 10(4) c: excludes— i: expenditure for which a deduction is allowed under a provision of this Act other than section DP 10 ii: expenditure to which section DB 37 (Avoiding, remedying, or mitigating effects of discharge of contaminant) applies: iii: an amount allowed as a deduction under section DQ 4 (Environmental restoration accounts scheme) . 3: In the definition of creditable membership b: includes, for a person,— i: the period described in paragraph (c) ii: the days in the month in which securities are first allotted by the KiwiSaver scheme or complying superannuation fund in relation to the person: iii: for the period beginning on 1 July 2007 and ending on the day on which securities are first allotted by the KiwiSaver scheme for the person, the days in the month that the KiwiSaver scheme receives a valid application for membership from the person and any remaining days in that period, if the person makes contributions in relation to the KiwiSaver scheme before 1 November 2007: c: the period referred to in paragraph (b)(i) i: the first day of the month in which contributions are first received by the Commissioner for the person: ii: the first day of the month in which KiwiSaver contributions are first deducted for the person: iii: the day that the Commissioner nominates following a request by the person when, due to matters beyond the control of the person, the first deduction of KiwiSaver contributions was delayed . 4: In the definition of fixed rate share f: in section FC 2B (Stapled debt securities), and the definitions of proportional-stapling company stapled debt security i: a share described in paragraph (a): ii: a share that would be a share described in paragraph (a) but for a dividend or a variation in the rate of dividend that may occur when the share is converted into another share (the other share paragraph (g) iii: a share for which the dividend payable is the equivalent of the payment of interest for money lent, having regard to the factors set out in paragraph (h) g: for the purposes of paragraph (f)(ii) i: a change in value of the other share occurs in a period that starts no more than 30 days before the share is converted and ends when the share is converted, and the period was a term or condition of the share when the share was first issued: ii: a term or condition of the share that existed when the share was first issued, and the term or condition sets the gain at a fixed percentage equal to 5% or a lesser percentage of the amount subscribed for the share: h: for the purposes of paragraph (f)(iii) i: whether or not the share is redeemable: ii: any security provided to the shareholder, including put or call options over the share or any amount payable determined by reference to the amount of dividend payable: iii: the variability or lack of variability of the dividend payable . 5: After the definition of forester forestry business . 6: After the definition of new provisional taxpayer new reporting standard section DB 27 section DB 26 . 7: After the definition of old financial arrangements rules old reporting standard section DB 27 section DB 26 . 8: The definition of overtime overtime . 9: The definition of timber timber a: is defined in section DP 10(4) b: includes standing timber in— i: section DP 10 ii: section FB 4 (Income derived from disposal of trading stock together with other assets of business): iii: section FF 7 (Disposal of timber under relationship agreement): iv: section GD 1 (Sale or other disposal of trading stock for inadequate consideration): v: section GD 2 (Distribution of trading stock to shareholders of company): vi: the definition of dispose vii: the definition of right to take timber viii: the definition of trading stock . 10: Subsections (2), (5), and (9) 163: Lists of defined terms in Income Tax Act 2004 The lists of defined terms in the sections of the Income Tax Act 2004 listed in schedule 2 5: Amendments to other Acts Amendment to Income Tax Act 1994 164: Credits arising to imputation credit account In section ME 4(1)(a)(ii) of the Income Tax Act 1994 to which section CM 16 applies 2009-12-07 Income Tax Act 1994 Amendment to Maori Trustee Amendment Act 2009 165: Taxes and duties In section 29(3) section 31(1) of the Tax Administration Act 1994 section 3(1) of the Tax Administration Act 1994 2009-12-07 Maori Trustee Amendment Act 2009 Amendments to Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 166: Section CX 55 replaced In section 63(2)(b)(i) paragraph (b) subparagraph (ii) 2009-12-07 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 167: Gifts of money by company Section 757 2009-12-07 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Amendment to Student Loan Scheme Act 1992 168: Commissioner to assess borrower's repayment obligation 1: Section 15(1) 1: The Commissioner must make an assessment of the amount, if any, of a borrower's repayment obligation for a tax year as soon as practicable after the end of the tax year. 2: Subsection (1) 2009-12-08 Student Loan Scheme Act 1992

DLM1905500

2009

Appropriation (2007/08 Financial Review) Act 2009

1: Title This Act is the Appropriation (2007/08 Financial Review) Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Purposes The purposes of this Act are to— a: confirm financial matters relating to the financial year ended 30 June 2008; and b: validate other financial matters relating to the financial year ended 30 June 2008 and the previous financial year. 4: Interpretation In this Act, unless the context otherwise requires, the terms capital expenditure department expenses financial year Office of Parliament other expenses output expenses Vote section 2(1) 5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations The Public Finance (Transfers Between Outputs) Order 2008 6: Confirmation of expenses and capital expenditure incurred in excess of existing appropriations and approved by Minister of Finance 1: The incurring of expenses and capital expenditure approved by the Minister of Finance under section 26B subsections (2) and (3) 2: The expenses and capital expenditure are the expenses and capital expenditure incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1 3: The approved expenses and capital expenditure are shown in each case in column 4 of Schedule 1 7: Validation of unappropriated expenses and capital expenditure 1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2) 2: The circumstances are that for the financial year ended 30 June 2008, the department incurred— a: expenses in excess of the existing appropriations set out in column 3 of Schedule 2 b: expenses or capital expenditure without appropriation, or other authority, by or under an Act (as specified in column 4 of Schedule 3 column 3 of Schedule 3 3: In this section,— capital expenditure column 5 of Schedule 3 department column 1 Schedule 2 3 expenses column 4 of Schedule 2 column 5 of Schedule 3 8: Validation of expenses incurred in respect of Vote Courts in financial year ended 30 June 2007 1: The incurring of expenses by the Ministry of Justice in the circumstances set out in subsection (2) 2: The circumstances are that for the financial year ended 30 June 2007, the Ministry of Justice incurred expenses of $104,000 outside the scope of the existing appropriation Personal Property Protection Rights Costs in Vote Courts. 9: Validation of departmental net asset holding 1: The excess amount of net asset holding described in subsection (2) 2: The excess amount of net asset holding is the amount of net asset holding, as set out in column 3 of Schedule 4 3: In this section,— department column 1 of Schedule 4 most recent projected balance of net assets a: at the time when that projected balance was exceeded; and b: as set out in column 2 of Schedule 4

DLM1942800

2009

Parole (Extended Supervision Orders) Amendment Act 2009

1: Title This Act is the Parole (Extended Supervision Orders) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Parole Act 2002 2009-04-04 Parole Act 2002 4: Board may impose special conditions 1: Section 107K 1A: Despite section 35(c), the Board may impose residential restrictions without being satisfied that the offender agrees to comply with them. 2: Section 107K(2) that include the requirement in section 33(2)(c)(ii) imposed on the offender 3: Section 107K(3)(b) that include the requirement in section 33(2)(c)(ii) any residential restrictions

DLM2471509

2009

Sentencing Amendment Act (No 2) 2009

1: Title This Act is the Sentencing Amendment Act (No 2) 2009. 2: Commencement This Act comes into force on 1 July 2010. 3: Principal Act amended This Act Sentencing Act 2002 2010-07-01 Sentencing Act 2002 4: New heading and sections 123A to 123G inserted The following heading and sections are inserted after section 123 Protection orders 123A: Interpretation of terms used in this section and sections 123B to 123G In this section and sections 123B to 123G child domestic relationship domestic violence offence domestic violence proceedings victim of the offence violence 123B: Protection order 1: This section applies if— a: an offender is convicted of a domestic violence offence; and b: there is not currently in force a protection order against the offender made under the Domestic Violence Act 1995 for the protection of the victim of the offence. 2: The court may make a protection order against the offender if— a: it is satisfied that the making of the order is necessary for the protection of the victim of the offence; and b: the victim of the offence does not object to the making of the order. 3: A protection order may be made under this section in addition to imposing a sentence or making any other order. 4: An order may be made under subsection (2) 5: If an order is made under subsection (2) subsection (4) 123C: Provisions applying to protection order made under section 123B 1: Subject to the modifications set out in subsection (2) section 123B a: sections 16(1), 19 (except subsection (3)), 20 (except subsection (5)), 21 (except subsections (2)(a), (4), and (5)), 24(3), 25(1) (except paragraph (a)), 26(1), 28 (except subsection (6)), 32(1) and (4), and 33 of the Domestic Violence Act 1995; and b: section 27 of the Domestic Violence Act 1995, except that the court may not impose a condition relating to the matters set out in subsection (2) of that section. 2: The modifications referred to in subsection (1) a: every reference to protection order or final order must be read as a reference to an order made under section 123B b: every reference to the respondent must be read as a reference to the offender: c: every reference to the applicant or protected person must be read as a reference to the victim of the offence. 123D: Explanation of protection order 1: On making a protection order, the Judge or Registrar must explain to the offender— a: the effect of— i: the order; and ii: any direction to attend a programme made under section 32 of the Domestic Violence Act 1995 (as applied by section 123C(1)(a) b: the consequences that may follow if the offender fails to— i: comply with the terms of the order; or ii: attend any session of a programme that he or she has been directed to attend; and c: the means by which the order can be varied or discharged. 2: Failure to give the explanation required by subsection (1) 123E: Protection order to be issued and served on offender 1: Where the court makes a protection order under section 123B a: immediately issue the order; and b: wherever practicable, serve a copy of the order on the offender before he or she leaves the court. 2: For the purpose of subsection (1) 123F: Protection order to be sent to Family Court 1: Immediately after the issue of a protection order in accordance with section 123E 2: On receipt of a copy of an order under subsection (1) 123G: Protection order treated as if made by Family Court As soon as an order has been entered in the records of the Family Court under section 123F(2) a: the order is to be treated as if it were a final protection order made by that court under the Domestic Violence Act 1995; and b: sections, 22(2)(b) and (6), 23, 29 to 31, 34, 35, 38 to 44, 45(2), 46(1), 47(1), 48 to 50, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.

DLM2335717

2009

Crown Retail Deposit Guarantee Scheme Act 2009

1: Title This Act is the Crown Retail Deposit Guarantee Scheme Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary provisions 3: Interpretation In this Act, unless the context otherwise requires,— Crown Retail Deposit Guarantee Scheme section 65ZD Crown Wholesale Funding Guarantee Facility section 65ZD debt security section 8 eligible entity section 5(1)(a) section 5(1)(b) Minister Section 3 debt security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 4: Act binds the Crown This Act binds the Crown. 2: Continuance of Crown Retail Deposit Guarantee Scheme 5: Minister may specify types of entity and criteria 1: The Minister may, by notice issued by the Minister, specify— a: types of entity in respect of which guarantees may be given under section 6 b: criteria for entities to satisfy before such guarantees may be given. 2: Different criteria may be specified for different types of entity. 3: The Minister must, as soon as practicable after the notice is issued,— a: publish the notice in the Gazette b: present a copy of the notice to the House of Representatives. 6: Minister may give guarantee 1: The Minister may, on behalf of the Crown, give a guarantee in writing for a period that ends on or before 31 December 2011 in respect of any or all debt securities issued by an eligible entity if it appears to the Minister to be necessary or expedient in the public interest to do so. 2: The Minister may give the guarantee on any terms and conditions that the Minister thinks fit. 3: The Minister must, as soon as practicable after the guarantee is given,— a: publish a statement in the Gazette b: present a copy of the statement to the House of Representatives. 4: The statement may contain any details about the guarantee that the Minister considers appropriate. 1989 No 44 s 65ZD 7: Recovery of money paid under guarantee 1: Any money paid by the Crown under a guarantee constitutes a debt due to the Crown from the entity in respect of which the guarantee was given. 2: A debt referred to in subsection (1)— a: is recoverable in any court of competent jurisdiction: b: may be paid over any period of time and on any terms and conditions that the Minister thinks fit: c: may be written down by the Minister (except that the debt must not be written down below its market value other than in accordance with an appropriation, or other authority, by or under an Act). 3: This section does not limit or affect any other rights that the Crown may have as guarantor. 1989 No 44 s 65ZF 8: Crown assumes creditor's rights 1: If the Crown makes a payment under a guarantee to a creditor of an entity in respect of which the guarantee was given (the guaranteed entity 2: To avoid doubt, subsection (1) applies— a: whether the Crown pays the creditor's claim against the guaranteed entity in full or in part; and b: to give the Crown the same rights and remedies that the creditor would have had in relation to the guaranteed entity, any third party, and any security for the claim; and c: to give the Crown the same priority that the creditor would have had in the event of the insolvency of the guaranteed entity. 3: This section does not limit or affect any other rights or remedies that the Crown may have as guarantor. 9: Payments in respect of guarantee Any money paid by the Crown under a guarantee and any expenses incurred by the Crown in relation to a guarantee may be incurred without further appropriation, and must be paid without further authority, than this section. 1989 No 44 s 65ZG 10: Amendments to Public Finance Act 1989 1: This section amends the Public Finance Act 1989 2: Section 49(2)(b) or the Crown Retail Deposit Guarantee Scheme Act 2009 section 65ZD 3: Section 65D(2) or the Crown Retail Deposit Guarantee Scheme Act 2009 section 65ZD 2009-09-13 Public Finance Act 1989 11: Act does not limit Public Finance Act 1989 1: Except as provided in section 10 Public Finance Act 1989 2: To avoid doubt, the giving of guarantees under the Crown Retail Deposit Guarantee Scheme and the Crown Wholesale Funding Guarantee Facility is declared to be, and to always have been, a lawful exercise of the powers in section 65ZD

DLM2140700

2009

Anti-Money Laundering and Countering Financing of Terrorism Act 2009

1: Title This Act is the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. 2: Commencement 1: Parts 1 4 section 162 2: Sections 68 to 71 106 to 115 163 3: Except as provided in subsection (5), the rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council. 4: One or more Orders in Council may be made appointing different dates for the commencement of different provisions. 5: However, section 162 Part 2 6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2 subpart 5 of Part 2 brought into force 30 June 2011 clause 2(1) Anti-Money Laundering and Countering Financing of Terrorism Act Commencement Order 2011 Section 2 brought into force 30 June 2013 clause 2(2) Anti-Money Laundering and Countering Financing of Terrorism Act Commencement Order 2011 Section 2 brought into force 30 June 2013 clause 2(3) Anti-Money Laundering and Countering Financing of Terrorism Act Commencement Order 2011 Section 2(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 3: Purpose 1: The purposes of this Act are— a: to detect and deter money laundering and the financing of terrorism; and b: to maintain and enhance New Zealand’s international reputation by adopting, where appropriate in the New Zealand context, recommendations issued by the Financial Action Task Force; and c: to contribute to public confidence in the financial system. 2: Accordingly, this Act facilitates co-operation amongst reporting entities, AML/CFT supervisors, and various government agencies, in particular law enforcement and regulatory agencies. 4: Overview 1: This section is a guide to the general scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of the Act. 2: Part 1 3: Part 2 7 subparts a: subpart 1 b: subpart 2 ba: subpart 2A c: subpart 3 d: subpart 4 e: subpart 5 f: subpart 6 4: Part 3 5: Part 4 a: subpart 1 the reporting of suspicious activities and prescribed transactions b: subpart 2 Section 4(3) amended 1 July 2017 section 4(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 4(3)(b) replaced 11 August 2017 section 4(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 4(3)(ba) inserted 1 July 2017 section 4(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 4(5)(a) amended 11 August 2017 section 4(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 5: Interpretation 1: In this Act, unless the context otherwise requires,— accounting practice a: an accountant in public practice on his or her own account in sole practice: b: in relation to 2 or more accountants in public practice, and practising in partnership, the partnership: c: an incorporated accounting practice AML/CFT AML/CFT programme section 56(1) AML/CFT requirements Part 2 AML/CFT supervisor section 130(1) Parts 3 4 applicable threshold value a: is prescribed in regulations; and b: applies to a particular person, class of persons, transaction, class of transactions, financial activity, or class of financial activities prescribed in regulations approved entity a: that is prescribed by regulations as an approved entity; or b: that comes within a class of entities prescribed by regulations as a class of approved entities bearer-negotiable instrument a: a bill of exchange; or b: a cheque; or c: a promissory note; or d: a bearer bond; or e: a traveller’s cheque; or f: a money order, postal order, or similar order; or g: any other instrument prescribed by regulations beneficial owner a: has effective control of a customer or person on whose behalf a transaction is conducted; or b: owns a prescribed threshold of the customer or person on whose behalf a transaction is conducted beneficiary institution payee a: crediting it to an account held by the payee; or b: paying it to the payee business relationship cash a: physical currency: b: bearer-negotiable instruments cash report subpart 6 casino Gambling Act 2003 chief executive civil liability act section 78 code of practice proposed code of practice section 62 Commissioner constable section 4 conveyancing practitioner section 6 correspondent banking relationship section 29(3) country customer a: means a new customer or an existing customer; and b: includes— i: a facility holder: ii: a person conducting or seeking to conduct an occasional transaction or activity iii: a junket organiser as defined in section 4(1) iv: a person or class of persons declared by regulations to be a customer for the purposes of this Act; but c: excludes a person or class of persons that is declared by regulations not to be a customer for the purposes of this Act Customs officer section 5(1) designated business group a: each member of the group has elected, in writing, to be a member of the group and the election is in force; and b: each election was made in accordance with regulations (if any); and c: no member of the group is a member of another designated business group; and d: each member of the group is— i: related to each other member of the group within the meaning of section 2(3) A: a reporting entity resident in New Zealand; or B: a person that is resident in a country that has sufficient AML/CFT systems and is supervised or regulated for AML/CFT purposes; or ii: providing a service under a joint venture agreement to which each member of the group is a party; or iii: a public service agency as defined in section 5 State-Owned Enterprises Act 1986 section 7 iv: related to 1 or more of the entities referred to in subparagraph (iii) through the provision of common products or services; or v: a body corporate that is— A: either a company (within the meaning of section 2(1) B: related (within the meaning of section 12(2) C: either a reporting entity resident in New Zealand or a person who is resident in a country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes; or vi: a related law firm, or a subsidiary of a law firm, that is a reporting entity in New Zealand (or the equivalent body in another country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes); or vii: a related conveyancer, or a subsidiary of a conveyancer, that is a reporting entity in New Zealand (or the equivalent body in another country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes); or viii: a related accounting practice, or a subsidiary of an accounting practice, that is a reporting entity in New Zealand (or the equivalent body in another country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes); or ix: a related trust and company service provider, or a subsidiary of a trust and company service provider, that is a reporting entity in New Zealand (or the equivalent body in another country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes); or x: a related real estate agent, or a subsidiary of a real estate agent, that is a reporting entity in New Zealand (or the equivalent in another country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes); or xi: a related high-value dealer, or a subsidiary of a high-value dealer, that is a reporting entity in New Zealand (or an equivalent person resident outside New Zealand in a country that has sufficient AML/CFT systems and that is supervised or regulated for AML/CFT purposes); or xii: a group of reporting entities, if the entities are each money transfer agents or sub-agents and each entity is related to every other entity in the designated business group or proposed designated business group in either of the following ways: A: one of those entities is a money transfer agent and the other entities are the sub-agents of those agents: B: those entities are each sub-agents of the same money transfer agent; or xiii: an entity or a class of entities prescribed by regulations; and e: each member of the group satisfies any conditions in subsection (3) that apply to that member designated non-financial business or profession a: a law firm, a conveyancing practitioner, an incorporated conveyancing firm, an accounting practice, a real estate agent, or a trust and company service provider, who, in the ordinary course of business, carries out 1 or more of the following activities: i: acting as a formation agent of legal persons or legal arrangements: ii: acting as, or arranging for a person to act as, a nominee director or nominee shareholder or trustee in relation to legal persons or legal arrangements: iii: providing a registered office or a business address, a correspondence address, or an administrative address for a company, or a partnership, or for any other legal person or arrangement, unless the office or address is provided solely as an ancillary service to the provision of other services (being services that do not constitute an activity listed in this subparagraph or subparagraphs (i), (ii), and (iv) to (vi)): iv: managing client funds (other than sums paid as fees for professional services), accounts, securities, or other assets: v: providing real estate agency work (within the meaning of section 4(1) vi: engaging in or giving instructions on behalf of a customer to another person for— A: any conveyancing (within the meaning of section 6 section 4(1) the sale, the purchase, or any other disposal or acquisition of a freehold estate or interest in land: the grant, sale, or purchase or any other disposal or acquisition of a leasehold estate or interest in land (other than a tenancy to which the Residential Tenancies Act 1986 the grant, sale, or purchase or any other disposal or acquisition of a licence that is registrable under the Land Transfer Act 1952 the grant, sale, or purchase or any other disposal or acquisition of an occupation right agreement within the meaning of section 5 B: a transaction (within the meaning of section 4(1) C: the transfer of a beneficial interest in land or other real property; or D: a transaction on behalf of any person in relation to the buying, transferring, or selling of a business or legal person (for example, a company) and any other legal arrangement; or E: a transaction on behalf of a customer in relation to creating, operating, and managing a legal person (for example, a company) and any other legal arrangement; and b: includes a person or class of persons declared by regulations to be a designated non-financial business or profession for the purposes of this Act; but c: excludes a person or class of persons declared by regulations not to be a designated non-financial business or profession for the purposes of this Act domestic physical cash transaction domestic wire transfer section 27(7) existing customer facility a: means any account or arrangement— i: that is provided by a reporting entity; and ii: through which a facility holder may conduct 2 or more transactions; and b: without limiting paragraph (a), includes— i: a life insurance policy: ii: membership of a superannuation scheme, workplace savings scheme, or KiwiSaver scheme: iii: the provision, by a reporting entity, of facilities for safe custody, including (without limitation) a safety deposit box: iv: an account or arrangement declared by regulations to be a facility for the purposes of this Act; but c: excludes an account or arrangement declared by regulations not to be a facility for the purposes of this Act facility holder a: means the person in whose name the facility is established; or b: if that facility is a life insurance policy, means any person who for the time being is the legal holder of that policy; or c: if that facility consists of membership of a superannuation scheme, workplace savings scheme, or KiwiSaver scheme, means the product holder of the managed investment product in the scheme (within the meanings of product holder and managed investment product in section 6(1) financial institution a: means a person who, in the ordinary course of business, carries on 1 or more of the following financial activities: i: accepting deposits or other repayable funds from the public: ii: lending to or for a customer, including consumer credit, mortgage credit, factoring (with or without recourse), and financing of commercial transactions (including forfeiting): iii: financial leasing (excluding financial leasing arrangements in relation to consumer products): iv: transferring money or value for, or on behalf of, a customer: v: issuing or managing the means of payment (for example, credit or debit cards, cheques, traveller’s cheques, money orders, bankers’ drafts, or electronic money): vi: undertaking financial guarantees and commitments: vii: trading for, or on behalf of, a customer in any of the following using the person’s account or the customer’s account: A: money market instruments (for example, cheques, bills, certificates of deposit, or derivatives): B: foreign exchange: C: exchange, interest rate, or index instruments: D: transferable securities: E: commodity futures trading: viii: participating in securities issues and the provision of financial services related to those issues: ix: managing individual or collective portfolios: x: safe keeping or administering of cash or liquid securities on behalf of other persons: xi: investing, administering, or managing funds or money on behalf of other persons: xii: issuing, or undertaking liability under, life insurance policies as an insurer: xiii: money or currency changing; and b: includes a person or class of persons declared by regulations to be a financial institution for the purposes of this Act; but c: excludes a person or class of persons declared by regulations not to be a financial institution for the purposes of this Act financing of terrorism section 4(1) gambling inspector section 4(1) government agency a: a public service agency as defined in section 5 b: a Crown entity under section 7 c: the Reserve Bank, the Parliamentary Counsel Office, and the New Zealand Police; or d: any overseas country's counterpart of any of the entities in paragraphs (a) to (c) high-value dealer a: means a person who is in trade and in the ordinary course of business, buys or sells all or any of the following articles by way of a cash transaction or a series of related cash transactions, if the total value of that transaction or those transactions is equal to or above the applicable threshold value: i: jewellery: ii: watches: iii: gold, silver, or other precious metals: iv: diamonds, sapphires, or other precious stones: v: paintings: vi: prints: vii: protected foreign objects (within the meaning of section 2(1) viii: protected New Zealand objects (within the meaning of section 2(1) ix: sculptures: x: photographs: xi: carvings in any medium: xii: other artistic or cultural artefacts: xiii: motor vehicles (within the meaning of section 6(1) xiv: ships (within the meaning of section 2(1) b: includes any person who carries out the activities referred to in paragraph (a) as a registered auctioneer (within the meaning of section 4(1) c: does not include any person, to the extent that the person is engaged in providing services other than the buying or selling of articles referred to in paragraph (a), including the following services: i: mining precious metals or precious stones: ii: manufacturing jewellery: iii: crafting or polishing precious stones; and d: does not include any person to the extent that the person is engaged in the buying or selling of precious metals or precious stones for industrial purposes identity information sections 15 19 23 27(1) and (2) sections 29(2)(g) 30(b) incorporated conveyancing firm section 6 incorporated law firm section 6 individual intermediary institution international wire transfer a: at least 1 of the following institutions is in New Zealand: i: the ordering institution: ii: the intermediary institution: iii: the beneficiary institution; and b: at least 1 of the following institutions is outside New Zealand: i: the ordering institution: ii: the intermediary institution: iii: the beneficiary institution KiwiSaver scheme section 6(1) law enforcement purposes a: the prevention, disruption, detection, investigation, and prosecution of— i: any offence under this Act; or ii: a money laundering offence; or iii: any offence within the meaning of that term in section 243(1) iv: an offence under the Terrorism Suppression Act 2002 b: the enforcement and administration of— i: this Act: ii: the Criminal Proceeds (Recovery) Act 2009 iii: the Misuse of Drugs Act 1975 iv: the Terrorism Suppression Act 2002 v: the Mutual Assistance in Criminal Matters Act 1992 vi: the Customs and Excise Act 2018 vii: the Russia Sanctions Act 2022 c: the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its functions under the Intelligence and Security Act 2017 d: the detection and prevention of the harms specified in section 58(2) e: any purpose or action referred to in paragraphs (a) to (d) relating to, or taken in respect of, legislation of an overseas jurisdiction that is broadly equivalent to the enactments referred to in those paragraphs law firm a: a barrister or a barrister and solicitor who is practising on the barrister’s or barrister and solicitor’s own account in sole practice: b: in relation to 2 or more barristers and solicitors practising law in partnership, the partnership: c: an incorporated law firm lawyer section 6 legal arrangement a: a trust: b: a partnership: c: a charitable entity (within the meaning of section 4(1) d: any other prescribed arrangement (being an arrangement that involves a risk of money laundering or the financing of terrorism) life insurance policy section 6(1) Minister Ministry money laundering offence section 243 section 12B non-bank deposit taker section 5 occasional activity a: means an activity— i: that is specified in section 6(4) ii: that does not involve a business relationship between the reporting entity and the reporting entity’s customer; and b: includes an activity or a class of activities declared by regulations to be an occasional activity for the purposes of this Act; but c: excludes an activity or a class of activities declared by regulations not to be an occasional activity for the purposes of this Act occasional transaction a: means a cash transaction that occurs outside of a business relationship and is equal to or above b: includes a transaction or class of transactions declared by regulations to be an occasional transaction for the purposes of this Act; but c: excludes— i: cheque deposits; and ii: a transaction or class of transactions declared by regulations not to be an occasional transaction for the purposes of this Act occasional transaction or activity a: an occasional transaction: b: an occasional activity ordering institution a: means any person who has been instructed by a person (the payer payee b: includes a person declared by regulations to be an ordering institution for the purposes of this Act; but c: excludes a person or class of persons declared by regulations not to be an ordering institution for the purposes of this Act physical currency a: is designated as legal tender; and b: circulates as, and is customarily used and accepted as, a medium of exchange in the country of issue Police employee section 4 politically exposed person a: an individual who holds, or has held at any time in the preceding 12 months, in any overseas country the prominent public function of— i: Head of State or head of a country or government; or ii: government minister or equivalent senior politician; or iii: Supreme Court Judge or equivalent senior Judge; or iv: governor of a central bank or any other position that has comparable influence to the Governor of the Reserve Bank of New Zealand; or v: senior foreign representative, ambassador, or high commissioner; or vi: high-ranking member of the armed forces; or vii: board chair, chief executive, or chief financial officer of, or any other position that has comparable influence in, any State enterprise; and b: an immediate family member of a person referred to in paragraph (a), including— i: a spouse; or ii: a partner, being a person who is considered by the relevant national law as equivalent to a spouse; or iii: a child and a child's spouse or partner; or iv: a parent; and c: having regard to information that is public or readily available,— i: any individual who is known to have joint beneficial ownership of a legal entity or legal arrangement, or any other close relationship, with a person referred to in paragraph (a); or ii: any individual who has sole beneficial ownership of a legal entity or legal arrangement that is known to exist for the benefit of a person described in paragraph (a) prescribed transaction a: an international wire transfer of a value equal to or above b: a domestic physical cash transaction of a value equal to or above prescribed transaction report section 48A privileged communication section 42 real estate agency work section 4(1) real estate agent section 4(1) registered bank section 2(1) Banking (Prudential Supervision) Act 1989 regulations regulator a: means a professional body responsible under any New Zealand enactment for enforcing the regulatory obligations of a particular industry or profession whose members are subject to this Act; and b: includes any other body prescribed in regulations reporting entity a: means— i: a casino: ii: a designated non-financial business or profession: iii: a financial institution: iv: a high-value dealer: v: TAB NZ b: includes— i: a person or class of persons declared by regulations to be a reporting entity for the purposes of this Act; and ii: any other person that is required by any enactment to comply with this Act as if it were a reporting entity; but c: excludes a person or class of persons declared by regulations not to be a reporting entity for the purposes of this Act search warrant section 117 senior manager senior management a: in relation to a reporting entity that is a company, a director within the meaning of section 126 b: in relation to a reporting entity that is not a company, a person who occupies a position comparable to that of a director (for example, a trustee or partner); and c: any other person who occupies a position within a reporting entity that allows that person to exercise an influence over the management or administration of the reporting entity (for example, a chief executive or a chief financial officer) shell bank section 39(2) superannuation scheme section 6(1) suspicious activity report a: means a report made under section 40 b: includes— i: a suspicious transaction report made under this Act; and ii: a suspicious transaction report made under the Financial Transactions Reporting Act 1996 suspicious property report section 4(1) transaction a: means any deposit, withdrawal, exchange, or transfer of funds (in any denominated currency), whether— i: in cash; or ii: by cheque, payment order, or other instrument; or iii: by electronic or other non-physical means; and b: without limiting paragraph (a), includes— i: any payment made in satisfaction, in whole or in part, of any contractual or other legal obligation; and ii: a transaction or class of transactions declared by regulations to be a transaction for the purposes of this Act; but c: excludes the following: i: the placing of any bet unless authorised under the Racing Industry Act 2020 ii: participation in gambling (as defined in section 4(1) Racing Industry Act 2020 iii: a transaction or class of transactions declared by regulations not to be a transaction for the purposes of this Act trust and company service provider trustee section 9 verification information sections 16 20 24 28 wire transfer a: means a transaction carried out on behalf of a person (the originator b: includes a transfer or transaction, or class of transfers or transactions, declared by regulations to be a wire transfer for the purposes of this Act; but c: excludes— i: transfers and settlements between financial institutions or other reporting entities if both the originator and the beneficiary are financial institutions or other reporting entities acting on their own behalf; and ii: credit and debit card transactions if the credit or debit card number accompanies the transaction; and iii: any other transfer or transaction or class of transfers or transactions declared by regulations not to be a wire transfer for the purposes of this Act. workplace savings scheme section 6(1) 2: For the purposes of paragraph (d)(xii) of the definition of designated business group money transfer agent money transfer provider money transfer services representation agreement sub-agent 3: For the purposes of paragraph (e) of the definition of designated business group a: the withdrawal of a member from the designated business group: b: the termination of the designated business group: c: any other change in the details previously notified to any AML/CFT supervisor in respect of the designated business group. 4: For the purpose of applying the definitions of designated non-financial business or profession designated business group Section 5(1) accounting practice inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) approved entity inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) conveyancing practitioner inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) customer amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 5(1) designated business group replaced 11 August 2017 section 5(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) designated business group amended 7 August 2020 section 135 Public Service Act 2020 Section 5(1) designated non-financial business or profession inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) domestic physical cash transaction inserted 1 July 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 5(1) existing customer replaced 11 August 2017 section 5(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) facility replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) facility holder replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) financial institution amended 11 August 2017 section 5(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) financial institution substituted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 5(1) government agency replaced 7 August 2020 section 135 Public Service Act 2020 Section 5(1) government agency replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 5(1) government agency replaced 5 December 2013 section 4 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 Section 5(1) high-value dealer inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) incorporated conveyancing firm inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) incorporated law firm inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) international wire transfer inserted 1 July 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 5(1) KiwiSaver scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) law enforcement purposes replaced 11 August 2017 section 5(5) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) law enforcement purposes amended 30 November 2022 section 11 Statutes Amendment Act 2022 Section 5(1) law enforcement purposes inserted 12 March 2022 section 33(2) Russia Sanctions Act 2022 Section 5(1) law firm inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) lawyer inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) legal arrangement inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) life insurance policy inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 5(1) non-bank deposit taker inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) occasional activity inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) occasional transaction amended 11 August 2017 section 5(6) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) occasional transaction or activity inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) prescribed transaction inserted 1 July 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 5(1) prescribed transaction amended 11 August 2017 section 5(7) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) prescribed transaction amended 11 August 2017 section 5(7) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) prescribed transaction report inserted 1 July 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 5(1) privileged communication inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) real estate agency work inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) real estate agent inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) registered bank amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 5(1) regulator inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) reporting entity replaced 11 August 2017 section 5(8) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) reporting entity amended 1 August 2020 section 129 Racing Industry Act 2020 Section 5(1) search warrant inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) security repealed 28 September 2017 section 335 Intelligence and Security Act 2017 Section 5(1) superannuation scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) suspicious activity report inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) suspicious transaction report repealed 11 August 2017 section 5(9) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) transaction replaced 11 August 2017 section 5(10) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) transaction amended 1 August 2020 section 129 Racing Industry Act 2020 Section 5(1) transaction amended 1 August 2020 section 129 Racing Industry Act 2020 Section 5(1) trust and company service provider inserted 11 August 2017 section 5(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) trustee amended 30 January 2021 section 161 Trusts Act 2019 Section 5(1) wire transfer replaced 11 August 2017 section 5(11) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(1) workplace savings scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(2) inserted 11 August 2017 section 5(12) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(3) inserted 11 August 2017 section 5(12) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 5(4) inserted 11 August 2017 section 5(12) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 6: Application of this Act to reporting entities 1: Subject to subsections (2) and (3) and to Schedule 1 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 2: Sections 39A to 41 43 to 47 section 25 3: This Act— a: does not apply to a law firm, a conveyancing practitioner, or an incorporated conveyancing firm until 1 July 2018 or an earlier date set by the Governor-General by Order in Council: b: does not apply to an accounting practice until 1 October 2018 or an earlier date set by the Governor-General by Order in Council: c: does not apply to a real estate agent until 1 January 2019 or an earlier date set by the Governor-General by Order in Council: d: does not apply to TAB NZ e: in the case of a trust and company service provider that immediately before the commencement of this section was a reporting entity under regulation 17 f: in the case of a trust or company service provider to which paragraph (e) does not apply, applies on 1 July 2018 or an earlier date set by the Governor-General by Order in Council. 4: This Act applies to a reporting entity only to the extent that,— a: in the case of a reporting entity that is a financial institution, the financial activities undertaken by that entity fall within the activities described in the definition of financial institution in section 5(1) b: in the case of TAB NZ i: the conduct of betting under section 74 ii: the operation of accounts or provision of vouchers: c: in the case of a law firm, conveyancer, incorporated conveyancing firm, accounting practice, real estate agent, or other designated non-financial business or profession, the activities carried out by that reporting entity are activities described in the definition of designated non-financial business or profession in section 5(1) d: in the case of a high-value dealer,— i: the high-value dealer carries out activities described in the definition of high-value dealer in section 5(1) ii: if subparagraph (i) applies, the high-value dealer— A: must conduct standard customer due diligence under sections 14(1)(b) 15 16 B: may rely on third parties under sections 32 to 34 C: must comply with the prohibitions under section 37 D: may report suspicious activities to the Commissioner under section 40(5) sections 44 to 46 E: must report prescribed transactions equal to or above the applicable cash threshold under sections 48A 48B F: must keep records of any suspicious activity reports under section 49A G: must keep identity and verification records under section 50 H: must keep records of any audits under section 51(1)(b), (2), and (3) I: must audit its AML/CFT compliance obligations under section 59A e: in the case of a casino, the casino carries out activities that may give rise to a risk of money laundering or financing of terrorism. 5: An order under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6 replaced 11 August 2017 section 6 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 6(3)(d) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 6(4)(b) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 6(4)(b)(i) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 6(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Amounts not in New Zealand currency 1: This section applies if, for the purposes of this Act or regulations a: is equal to or above b: is denominated in a currency other than New Zealand currency. 2: If this section applies, the amount of the cash is taken to be the equivalent in New Zealand currency,— a: calculated at the rate of exchange on the date of the determination; or b: if there is more than 1 rate of exchange on that date, calculated at the average of those rates. 3: For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in New Zealand that a specified rate of exchange prevailed between currencies on a specified day, and that at such rate a specified sum in a particular currency is equivalent to a specified sum in terms of the currency of New Zealand, is sufficient evidence of the rate of exchange so prevailing and of the equivalent sums in terms of the respective currencies. 1996 No 9 s 4 Section 7(1) amended 11 August 2017 section 7(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 7(1)(a) amended 11 August 2017 section 7(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 7A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 Section 7A inserted 11 August 2017 section 8 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 8: Act binds the Crown This Act binds the Crown. 2: AML/CFT requirements and compliance 9: Non-compliance not excused by contractual obligations 1: This Act has effect despite anything to the contrary in any contract or agreement. 2: No person is excused from compliance with any requirement of this Act or regulations by reason only that compliance with that requirement would constitute breach of any contract or agreement. 1: Customer due diligence 10: Definitions In this subpart, unless the context otherwise requires,— enhanced customer due diligence sections 23 to 30 simplified customer due diligence sections 19 to 21 standard customer due diligence sections 15 to 17 11: Customer due diligence 1: A reporting entity must conduct customer due diligence on— a: a customer: b: any beneficial owner of a customer: c: any person acting on behalf of a customer. 2: For the purposes of subsection (1)(b), a customer who is an individual and who the reporting entity believes on reasonable grounds is not acting on behalf of another person is to be treated as if he or she were also the beneficial owner unless the reporting entity has reasonable grounds to suspect that that customer is not the beneficial owner. 3: The type of customer due diligence that must be conducted by a reporting entity is,— a: in the circumstances described in section 14 b: in the circumstances described in section 18 c: in the circumstances described in section 22 4: A reporting entity that is required to conduct customer due diligence in the circumstances described in sections 14 18 22 5: Nothing in subsection (4) affects the obligation to conduct ongoing customer due diligence in accordance with section 31 6: Subsections (1) and (3) and sections 14 to 31 section 6(4) Section 11(6) inserted 11 August 2017 section 9 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 12: Reliance on risk assessment when establishing level of risk When establishing the level of risk involved for the purposes of this subpart, a reporting entity must rely on its AML/CFT programme and its risk assessment undertaken in accordance with section 58 13: Basis for verifying identity Verification of identity must be done on— a: the basis of documents, data, or information issued by a reliable and independent source; or b: any other basis applying to a specified situation, customer, product, service, business relationship, or transaction prescribed by regulations. Standard customer due diligence 14: Circumstances when standard customer due diligence applies 1: A reporting entity must conduct standard customer due diligence in the following circumstances: a: if the reporting entity establishes a business relationship with a new customer: b: if a customer seeks to conduct an occasional transaction or activity c: if, in relation to an existing customer, and according to the level of risk involved,— i: there has been a material change in the nature or purpose of the business relationship; and ii: the reporting entity considers that it has insufficient information about the customer: d: any other circumstances specified in subsection (2) or in regulations. 2: For the purposes of subsection (1)(d), as soon as practicable after a reporting entity becomes aware that an existing account is anonymous, the reporting entity must conduct standard customer due diligence in respect of that account. 3: Despite subsections (1) and (2), a real estate agent must conduct standard customer due diligence at the times, and with any other modifications, specified in regulations. Section 14(1)(b) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 14(1)(d) replaced 11 August 2017 section 10(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 14(2) inserted 11 August 2017 section 10(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 14(3) inserted 11 August 2017 section 10(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 15: Standard customer due diligence: identity requirements A reporting entity must obtain the following identity information in relation to the persons referred to in section 11(1) a: the person's full name; and b: the person's date of birth; and c: if the person is not the customer, the person's relationship to the customer; and d: the person's address or registered office; and e: the person's company identifier or registration number; and f: any information prescribed by regulations. 16: Standard customer due diligence: verification of identity requirements 1: A reporting entity must— a: take reasonable steps to satisfy itself that the information obtained section 15 b: according to the level of risk involved, take reasonable steps to verify any beneficial owner's identity so that the reporting entity is satisfied that it knows who the beneficial owner is; and c: if a person is acting on behalf of the customer, according to the level of risk involved, take reasonable steps to verify the person's identity and authority to act on behalf of the customer so that the reporting entity is satisfied it knows who the person is and that the person has authority to act on behalf of the customer; and d: verify any other information prescribed by regulations. 2: Except as provided in subsection (3), a reporting entity must carry out verification of identity before establishing a business relationship or conducting an occasional transaction or activity 3: Verification of identity may be completed after the business relationship has been established if— a: it is essential not to interrupt normal business practice; and b: money laundering and financing of terrorism risks are effectively managed through procedures of transaction limitations and account monitoring or (if the reporting entity is not a financial institution) through other appropriate risk management procedures c: verification of identity is completed as soon as is practicable once the business relationship has been established. Section 16(1)(a) amended 5 December 2013 section 5 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 Section 16(2) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 16(3)(b) amended 11 August 2017 section 11 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 17: Standard customer due diligence: other requirements A reporting entity must also obtain— a: information on the nature and purpose of the proposed business relationship between the customer and the reporting entity; and b: sufficient information to determine whether the customer should be subject to enhanced customer due diligence. Simplified customer due diligence 18: Circumstances when simplified customer due diligence applies 1: A reporting entity may conduct simplified customer due diligence if— a: it establishes a business relationship with one of the customers specified in subsection (2); or b: one of the customers specified in subsection (2) conducts an occasional transaction or activity c: a customer conducts a transaction or obtains 2: The following are customers for the purposes of subsection (1): a: a listed issuer (within the meaning of section 6(1) b: a public service agency as defined in section 5 c: a local authority, as defined in section 5(2) d: the New Zealand Police: e: a State enterprise (within the meaning of section 2 Schedule 2 f: a body that— i: corresponds to a State enterprise or a new State enterprise (as defined in paragraph (e); and ii: is located in a country that has sufficient AML/CFT systems: g: h: a person licensed to be a supervisor or statutory supervisor under the Financial Markets Supervisors Act 2011 i: a trustee corporation, within the meaning of section 2(1) j: a Crown entity, as defined in section 7(1) k: an organisation named in Schedule 4 l: a company named in Schedule 4A m: a government body that— i: corresponds to a public service agency as defined in section 5 ii: is located in an overseas jurisdiction that has sufficient AML/CFT systems: n: a registered bank within the meaning of section 2(1) Banking (Prudential Supervision) Act 1989 o: a licensed insurer within the meaning of section 6(1) p: a company, or a subsidiary (within the meaning of section 5(1) i: whose equity securities are listed in New Zealand or on an overseas stock exchange that has sufficient disclosure requirements; and ii: that is located in a country that has sufficient AML/CFT systems in place: q: any other entity or class of entities specified in regulations. 3: A reporting entity may also conduct simplified customer due diligence on a person who purports to act on behalf of a customer when— a: the reporting entity already has a business relationship with the customer at the time the person acts on behalf of the customer; and b: the reporting entity has conducted one of the specified types of customer due diligence on the customer in accordance with this Act and regulations (if any). 3A: Despite subsections (1) to (3), a real estate agent must conduct simplified customer due diligence at the times, and with any other modifications, specified in regulations. 4: For the avoidance of doubt, nothing in this subpart requires identification or verification of identity of a beneficial owner of a customer in respect of whom a reporting entity may conduct simplified customer due diligence. Section 18(1)(b) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 18(1)(c) amended 5 December 2013 section 6 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 Section 18(2) replaced 11 August 2017 section 12(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 18(2)(b) replaced 7 August 2020 section 135 Public Service Act 2020 Section 18(2)(g) repealed 28 September 2017 section 335 Intelligence and Security Act 2017 Section 18(2)(m)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(2)(n) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 18(3A) inserted 11 August 2017 section 12(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 19: Simplified customer due diligence: identity requirements A reporting entity must obtain the following identity information in relation to a person acting on behalf of the customer: a: the person's full name; and b: the person's date of birth; and c: the person's relationship to the customer; and d: any information prescribed by regulations. 20: Simplified customer due diligence: verification of identity requirements 1: A reporting entity must, according to the level of risk involved, verify the identity of a person acting on behalf of a customer and that person's authority to act for the customer so that it is satisfied it knows who the person is and that the person has authority to act on behalf of the customer. 2: Verification of identity must be carried out before the business relationship is established or the occasional transaction or activity 3: For the purposes of verifying a person's authority to act in the circumstances described in section 18 Section 20(2) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 21: Simplified customer due diligence: other requirements In the circumstances described in section 18(1)(a) Enhanced customer due diligence 22: Circumstances when enhanced customer due diligence applies 1: A reporting entity must conduct enhanced customer due diligence in accordance with sections 23 24 a: if the reporting entity establishes a business relationship with a customer that is— i: a trust or another vehicle for holding personal assets: ii: a non-resident customer from a country that has insufficient anti-money laundering and countering financing of terrorism systems or measures in place: iii: a company with nominee shareholders or shares in bearer form: b: if a customer seeks to conduct an occasional transaction or activity i: a trust or another vehicle for holding personal assets: ii: a non-resident customer from a country that has insufficient anti-money laundering and countering financing of terrorism systems or measures in place: iii: a company with nominee shareholders or shares in bearer form: c: if a customer seeks to conduct, through the reporting entity, a complex, unusually large transaction or unusual pattern of transactions that have no apparent or visible economic or lawful purpose: d: when a reporting entity considers that the level of risk involved is such that enhanced due diligence should apply to a particular situation: e: any other circumstances specified in section 22A 2: A reporting entity must conduct enhanced customer due diligence in accordance with section 26 a: it establishes a business relationship with a customer who it has determined is a politically exposed person; or b: a customer who it has determined is a politically exposed person seeks to conduct an occasional transaction or activity 3: A reporting entity must conduct enhanced customer due diligence in accordance with sections 27 28 4: A reporting entity must conduct enhanced customer due diligence in accordance with section 29 5: A reporting entity must conduct enhanced due diligence in accordance with section 30 a: it establishes a business relationship with a customer that involves new or developing technologies, or new or developing products, that might favour anonymity; or b: a customer seeks to conduct an occasional transaction or activity 6: Despite subsections (1) to (5), a real estate agent must conduct enhanced customer due diligence at the times, in the circumstances, and with any other modifications specified in regulations. Section 22(1)(b) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 22(1)(e) amended 11 August 2017 section 13(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 22(2)(b) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 22(5)(b) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 22(6) inserted 11 August 2017 section 13(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 22A: Enhanced customer due diligence required for certain activities requiring suspicious activities report 1: This section applies to an activity— a: that the reporting entity concerned (other than a high-value dealer) is required to report to the Commissioner under section 40 b: that is not otherwise exempt from the customer due diligence requirements or from all the requirements of the Act; and c: that is conducted, or sought to be conducted,— i: by an existing customer; or ii: by a customer engaging in an occasional transaction or activity. 2: For the purposes of section 22(1)(e) section 40 Section 22A inserted 11 August 2017 section 14 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 23: Enhanced customer due diligence: identity requirements 1: A reporting entity must, in relation to a person referred to in section 11(1) section 15 a: information relating to the source of the funds or the wealth of the customer; and b: the additional information referred to in subsection (2) and any additional information prescribed by regulations. 2: For the purposes of subsection (1)(b), a reporting entity must obtain,— a: in the case of a trust other than a trust to which paragraph (b) applies, the name and the date of birth of each beneficiary of the trust: b: in the case of a customer that is a discretionary trust or a charitable trust or a trust that has more than 10 beneficiaries, a description of— i: each class or type of beneficiary: ii: if the trust is a charitable trust, the objects of the trust. Section 23(1)(b) replaced 11 August 2017 section 15(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 23(2) inserted 11 August 2017 section 15(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 24: Enhanced customer due diligence: verification of identity requirements 1: A reporting entity must— a: conduct the verification of identity requirements for standard customer due diligence set out in section 16 b: according to the level of risk involved, take reasonable steps to verify the information obtained under section 23(1)(a) c: verify any other information prescribed by regulations. 2: Except as provided in subsection (3), a reporting entity must carry out verification of identity before establishing a business relationship or conducting an occasional transaction or activity 3: Verification of identity may be completed after the business relationship has been established if— a: it is essential not to interrupt normal business practice; and b: money laundering and financing of terrorism risks are effectively managed through procedures of transaction limitations and account monitoring or (if the reporting entity is not a financial institution) through other appropriate risk management procedures c: verification of identity is completed as soon as is practicable once the business relationship has been established. Section 24(2) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 24(3)(b) amended 11 August 2017 section 16 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 25: Enhanced customer due diligence: other requirements In the circumstances described in section 22(1)(a), 22(2)(a), and 22(5)(a) 26: Politically exposed person 1: The reporting entity must, as soon as practicable after establishing a business relationship or conducting an occasional transaction or activity 2: If a reporting entity determines that a customer or beneficial owner with whom it has established a business relationship is a politically exposed person, then— a: the reporting entity must have senior management approval for continuing the business relationship; and b: the reporting entity must obtain information about the source of wealth or funds of the customer or beneficial owner and take reasonable steps to verify the source of that wealth or those funds. 3: If a reporting entity determines that a customer or beneficial owner with whom it has conducted an occasional transaction or activity or other activity Section 26(1) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 26(3) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 27: Wire transfers: identity requirements 1: A reporting entity that is an ordering institution must identify the originator of a wire transfer that is equal to or above a: the originator's full name; and b: the originator's account number or other identifying information that may be prescribed and allows the transaction to be traced back to the originator; and c: one of the following: i: the originator's address: ii: the originator's national identity number: iii: the originator's customer identification number: iv: the originator's place and date of birth; and d: any information prescribed by section 27A 2: However, if the wire transfer is a domestic wire transfer, a reporting entity that is an ordering institution may identify the originator by obtaining the originator's account number or other identifying information that may be prescribed and allows the transaction to be traced back to the originator if the reporting entity that is the ordering institution is able to provide the information specified in subsection (1)(a), (c), and (d) within 3 working days of a request being made by the beneficiary institution. 3: Regulations may be made under section 154(1)(c) 4: The information obtained by the reporting entity (the ordering institution under subsection (1) or (2), as the case may be) must accompany the wire transfer. 5: A reporting entity that is a beneficiary institution must— a: use effective risk-based procedures for handling wire transfers that are not accompanied by all the information specified in subsection (1); and b: consider whether the wire transfers constitute a suspicious activity 6: Any information about the originator obtained by a reporting entity that is an intermediary institution must be provided by that reporting entity to the beneficiary institution as soon as practicable. 7: For the purposes of this section, a domestic wire transfer Section 27(1) amended 11 August 2017 section 17(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 27(1)(d) amended 11 August 2017 section 17(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 27(5)(b) amended 11 August 2017 section 17(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 27(6) replaced 5 December 2013 section 7 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 27A: Other identifying information prescribed in relation to wire transfers 1: Information that gives the name of the beneficiary of a wire transfer and the account number of that beneficiary or any unique transaction reference that allows the transaction to be traced is prescribed for the purposes of section 27(1)(d) 2: In the case of a domestic wire transfer, any information that enables the transaction itself to be identified and traced to the originator is prescribed to be other identifying information for the purposes of section 27(2) Section 27A inserted 11 August 2017 section 18 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 28: Wire transfers: verification of identity requirements 1: The ordering institution must, according to the level of risk involved,— a: verify the originator’s identity so that the reporting entity is satisfied that the information obtained under section 27 b: verify any other information prescribed by regulations. 2: Verification of the originator's identity must be carried out before the wire transfer is ordered. Section 28(1)(a) replaced 5 December 2013 section 8 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 29: Correspondent banking relationships 1: A financial institution (the correspondent respondent 2: The correspondent must— a: gather enough information about the respondent to understand fully the nature of the respondent’s business; and b: determine from publicly available information the reputation of the respondent and whether and to what extent the respondent is supervised for AML/CFT purposes, including whether the respondent has been subject to a money laundering or financing of terrorism investigation or regulatory action; and c: assess the respondent’s anti-money laundering and countering financing of terrorism controls to ascertain that those controls are adequate and effective; and d: have approval from its senior management before establishing a new correspondent banking relationship; and e: document the respective AML/CFT responsibilities of the correspondent and the respondent; and f: be satisfied that, in respect of those of the respondent’s customers who have direct access to accounts of the correspondent, the respondent― i: has verified the identity of, and conducts ongoing monitoring in respect of, those customers; and ii: is able to provide to the correspondent, on request, the documents, data, or information obtained when conducting the relevant customer due diligence and ongoing customer due diligence; and g: meet any other requirements prescribed by regulations and that apply to correspondent banking relationships. 3: For the purposes of this Act or regulations correspondent banking relationship correspondent respondent a: the correspondent carries on an activity or business at or through a permanent establishment of the correspondent in a particular country; and b: the respondent carries on an activity or business at or through a permanent establishment of the respondent in another country; and c: the correspondent banking relationship relates, in whole or in part, to those permanent establishments; and d: the relationship is not of a kind specified in regulations; and e: the banking services are not of a kind specified in regulations. Section 29(3) amended 11 August 2017 section 19 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 30: New or developing technologies, or products, that might favour anonymity Before a reporting entity establishes a business relationship or conducts an occasional transaction or activity sections 15 16 a: take any additional measures that may be needed to mitigate and manage the risk of new or developing technologies, or new or developing products, that might favour anonymity from being used in the commission of a money laundering offence or for the financing of terrorism; and b: meet any other requirements prescribed by regulations and that apply to the particular technology or product. Section 30 amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Ongoing customer due diligence and account monitoring 31: Ongoing customer due diligence and account monitoring 1: This section applies to a business relationship between a reporting entity and a customer. 2: A reporting entity must conduct ongoing customer due diligence and undertake account monitoring in order to— a: ensure that the business relationship and the transactions relating to that business relationship are consistent with the reporting entity’s knowledge about the customer and the customer’s business and risk profile; and b: identify any grounds for reporting a suspicious activity under paragraph (b) of the definition of that term in section 39A 3: When conducting ongoing customer due diligence and undertaking account monitoring, the reporting entity must have regard to— a: the type of customer due diligence conducted when the business relationship with the customer was established; and b: the level of risk involved. 4: When conducting ongoing customer due diligence and undertaking account monitoring, a reporting entity must do at least the following: a: regularly review the customer's account activity and transaction behaviour; and b: regularly review any customer information obtained under sections 15 17 19 21 23 25 26 27 29 30 c: anything prescribed by regulations. Section 31(2)(b) amended 11 August 2017 section 20 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Reliance on third parties 32: Reliance on member of designated business group 1: A reporting entity ( member A a: rely on another member of the group ( member B i: any identity information is given to member A by member B before member A establishes a business relationship or an occasional transaction or activity ii: any verification information is given to member A by member B as soon as practicable on request by the reporting entity, but within 5 working days of the request, occasional transaction or activity b: adopt that part of an AML/CFT programme of another member of the group that relates to record keeping, account monitoring, ongoing customer due diligence, and annual reporting and share and use the procedures, policies, and controls relating to those parts of the programme subject to any conditions prescribed by regulations: c: use another member of the group's risk assessment if that risk assessment is relevant to member A's business: d: make a suspicious activity or prescribed transaction 1A: A reporting entity ( member A member B 2: Despite subsection (1), a reporting entity, and not the member of the designated business group relied on by the reporting entity, is responsible for ensuring that it is complying with this Act and regulations. 3: An AML/CFT supervisor for a reporting entity that is part of a designated business group may require the reporting entity to undertake its own risk assessment or develop its own AML/CFT programme if the AML/CFT supervisor is of the view that the risk assessment or AML/CFT programme being, or proposed to be, relied on by the reporting entity is not appropriate for that entity. 4: This section is subject to section 36 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 s 36(4) (Aust) Section 32(1)(a)(i) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 32(1)(a)(ii) amended 11 August 2017 section 21(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 32(1)(a)(ii) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 32(1)(d) amended 11 August 2017 section 21(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 32(1A) inserted 11 August 2017 section 21(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 33: Reliance on other reporting entities or persons in another country 1: Subject to the conditions in subsection (2), a reporting entity may rely on another person (who is not an agent) to conduct the customer due diligence procedures required for customer due diligence under this Act or regulations. 2: The conditions are that— a: the person being relied on is either— i: a reporting entity; or ii: a person who is resident in a country with sufficient anti-money laundering and countering financing of terrorism systems and measures in place and who is supervised or regulated for AML/CFT purposes; and b: the person has a business relationship with the customer concerned; and c: the person has conducted relevant customer due diligence procedures to at least the standard required by this Act and regulations and has provided to the reporting entity— i: relevant identity information before the reporting entity establishes a business relationship or an occasional transaction or activity ii: relevant verification information as soon as practicable on request by the reporting entity, but within 5 working days of the request d: the person consents to conducting the customer due diligence procedures for the reporting entity and to providing all relevant information to the reporting entity; and e: any other conditions prescribed by regulations are complied with. 3: Despite subsection (1), a reporting entity relying on a third party to conduct the customer due diligence procedure, and not the person carrying out the customer due diligence procedure, is responsible for ensuring that customer due diligence is carried out in accordance with this Act. 3A: However, a reporting entity relying on a third party to conduct the customer due diligence procedure is not responsible for ensuring that customer due diligence is carried out in accordance with this Act if the following conditions are met: a: the reporting entity is acting in good faith when relying on a third party; and b: the reporting entity has reasonable cause to believe the reporting entity that is relied on has conducted relevant customer due diligence procedures to at least the standard required by this Act and regulations; and c: the reporting entity being relied on is an approved entity or is within an approved class of entities; and d: the conditions (if any) prescribed by regulations are complied with. Section 33(2)(c)(i) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 33(2)(c)(ii) amended 11 August 2017 section 22(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 33(3A) inserted 11 August 2017 section 22(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 34: Reliance on agents Subject to any conditions that may be prescribed by regulations, a reporting entity may authorise a person to be its agent and rely on that agent to conduct the customer due diligence procedures and obtain any information required for customer due diligence under this Act or regulations. 35: Use of information obtained from third party conducting customer due diligence Information obtained by a third party conducting customer due diligence under sections 32 to 34 36: Protection of personal information and designated business groups 1: This section applies to personal information that is either— a: identity or verification information received for the purposes of section 32(1)(a) b: information received for the purposes of section 32(1)(b) 2: Any information supplied by any member of a designated business group to another member of that group must be subject to privacy protections at least equivalent to those set out in information privacy principles 5 to 12 set out in section 22 3: Each member of the designated business group must agree, in writing, to comply with information privacy principles 5 to 12 set out in section 22 4: The entity that provides information to another member of its designated business group remains responsible for the use or disclosure of that information. 5: A reporting entity may use or disclose information to which this section applies only as follows: a: it may use identity and verification information received for the purposes of section 32(1)(a) suspicious activity report b: it may disclose information for the purposes of section 32(1)(b) suspicious activity Section 36(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 36(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 36(5)(a) amended 11 August 2017 section 23(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 36(5)(b) amended 11 August 2017 section 23(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Prohibitions 37: Prohibitions if customer due diligence not conducted 1: If, in relation to a customer, a reporting entity is unable to conduct customer due diligence in accordance with this subpart, the reporting entity— a: must not establish a business relationship with the customer; and b: must terminate any existing business relationship with the customer; and c: must not carry out an occasional transaction or activity d: must consider whether to make a suspicious activity report e: may disclose the possibility of making a suspicious activity section 46(2) 2: A reporting entity is not prohibited by subsection (1)(a) or (b) from establishing or continuing a business relationship with a customer in respect of an activity that is not specified in section 6(4) Section 37(1)(c) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 37(1)(d) amended 11 August 2017 section 24(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 37(1)(e) amended 11 August 2017 section 24(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 37(2) inserted 11 August 2017 section 24(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 38: Prohibition on false customer names and customer anonymity 1: A reporting entity must not,— a: knowingly or recklessly, set up a facility for a customer on the basis of customer anonymity: b: without lawful justification or reasonable excuse, set up a facility for a customer under a false customer name. 2: Subsection (1) does not apply to a facility— a: that has a number or other identifier allocated to it and the customer and any b: that has been set up for the Commissioner or for the New Zealand Security Intelligence Service or for the Government Communications Security Bureau Section 38(2)(a) amended 12 December 2012 section 5 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2012 Section 38(2)(b) amended 24 October 2019 section 4 Statutes Amendment Act 2019 39: Prohibition on establishing or continuing business relationship involving shell bank 1: A reporting entity must not establish or continue a business relationship with, or allow an occasional transaction or activity a: a shell bank; or b: a financial institution that has a correspondent banking relationship with a shell bank. 2: For the purposes of subsection (1), a shell bank a: is incorporated in a foreign country; and b: is authorised to carry on banking business in its country of incorporation; and c: does not have a physical presence in its country of incorporation; and d: is not an affiliate of another corporation that— i: is incorporated in a particular country; and ii: is authorised to carry on banking business in its country of incorporation; and iii: is sufficiently supervised and monitored in carrying on its banking business; and iv: has a physical presence in its country of incorporation. 3: For the purposes of paragraph (d) of the definition of shell bank a: the corporation is a subsidiary of the other corporation; or b: both corporations are under common effective control; or c: both corporations are declared to be affiliated in accordance with regulations (if any). 4: For the purposes of the definition of shell bank a: the corporation carries on banking business at a place in that country; and b: banking operations of the corporation are managed and conducted from that place. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ss 15, 95 (Aust) Section 39(1) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 2: Suspicious activity reports Subpart 2 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 39A: Interpretation For the purposes of this subpart,— service a: means an activity that is carried out by a reporting entity; but b: does not include an activity unless section 6(4) suspicious activity a: in which— i: a person conducts or seeks to conduct a transaction through a reporting entity; or ii: a reporting entity provides or proposes to provide a service to a person; or iii: a person requests a reporting entity to provide a service or makes an inquiry to the reporting entity in relation to a service; and b: where the reporting entity has reasonable grounds to suspect that the transaction or proposed transaction, the service or proposed service, or the inquiry, as the case may be, is or may be relevant to— i: the investigation or prosecution of any person for a money laundering offence; or ii: the enforcement of the Misuse of Drugs Act 1975 iii: the enforcement of the Terrorism Suppression Act 2002 iv: the enforcement of the Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 v: the investigation or prosecution of an offence (within the meaning of section 243(1) Section 39A inserted 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 40: Reporting entities to report suspicious activities 1: Subsections (3) and (4) apply to reporting entities other than high-value dealers. 2: Subsection (5) applies to high-value dealers. 3: If this subsection applies, the reporting entity must, as soon as practicable but no later than 3 working days after forming its suspicion, report the activity, or suspicious activity, to the Commissioner in accordance with section 41 4: Nothing in subsection (3) requires any person to disclose any information that the person believes on reasonable grounds is a privileged communication. 5: A high-value dealer may report a suspicious activity to the Commissioner. Section 40 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 41: Nature of suspicious activity report 1: Except as provided in subsection (2), a report under section 40 a: be in the prescribed form (if any); and b: contain the details prescribed by regulations; and c: contain a statement of the grounds on which the reporting entity holds the suspicions referred to in paragraph (b) of the definition of suspicious activity in section 39A d: be signed by a person authorised by the reporting entity to sign suspicious activity reports (unless the report is forwarded by electronic means); and e: be forwarded, in writing, to the Commissioner— i: by way of secure electronic transmission by a means specified or provided by the Commissioner for that purpose; or ii: by another means (including, without limitation, by way of transmission by fax or email) that may be agreed from time to time between the Commissioner and the reporting entity concerned. 2: If the urgency of the situation requires, a suspicious activity report may be made orally to any Police employee authorised for the purpose by the Commissioner, but in any such case the reporting entity must, as soon as practicable but no later than 3 working days after forming its suspicions, forward to the Commissioner a suspicious activity report that complies with the requirements in subsection (1). 3: The Commissioner may confer the authority to receive a suspicious activity report under subsection (2) on— a: any specified Police employee; or b: Police employees of any specified rank or class; or c: any Police employee or Police employees for the time being holding any specified office or specified class of offices. Section 41 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 42: Privileged communication defined 1: A communication is a privileged communication a: it is a confidential communication (oral or written) (including any information or opinion)— i: that passes between— A: a lawyer and another lawyer in their professional capacity; or B: a lawyer in his or her professional capacity and his or her client; or C: any person described in subsubparagraph (A) or (B) and the agent of the other person described in that subsubparagraph (or between the agents of both the persons described) either directly or indirectly; and ii: that is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; or b: it is a communication (including any information or opinion) that— i: is subject to the general law governing legal professional privilege; or ii: is specified in section 53 54 55 56 57 2: However, a communication is not a privileged communication— a: if there is a prima facie case that the communication or information is made or received, or compiled or prepared,— i: for a dishonest purpose; or ii: to enable or aid the commission of an offence; or b: if, where the information wholly or partly consists of, or relates to, the receipts, payments, income, expenditure, or financial transactions of any specified person, it is contained in (or comprises the whole or a part of) any book, account, statement, or other record prepared or kept by the lawyer in connection with a trust account of the lawyer within the meaning of section 6 3: For the purposes of this section, references to a lawyer Section 42 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 43: Auditors may report suspicious activities 1: Despite any other enactment or any rule of law, this section applies to a person who, in the course of carrying out the duties of that person’s occupation as an auditor, has reasonable grounds to suspect, in relation to any activity, that the activity is relevant to— a: the investigation or prosecution of any person for a money laundering offence; or b: the enforcement of the Misuse of Drugs Act 1975 c: the enforcement of the Terrorism Suppression Act 2002 d: the enforcement of the Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 e: the investigation or prosecution of an offence (within the meaning of section 243(1) 2: A person may report an activity referred to in subsection (1) to the Commissioner. Section 43 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 44: Protection of persons reporting suspicious activities 1: Subsection (2) applies to a person who— a: discloses or supplies any information in any suspicious activity report; or b: supplies any information in connection with any suspicious activity report, whether at the time the report is made or afterwards. 2: No civil, criminal, or disciplinary proceedings lie against a person to whom subsection (1) applies— a: in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person of the information referred to in that subsection; or b: for any consequences that follow from the disclosure or supply of that information. 3: If any information is reported under section 43 a: in respect of the disclosure or supply, or the manner of the disclosure or supply, of that information by that person; or b: for any consequences that follow from the disclosure or supply of that information. 4: However, subsections (2) and (3) do not apply— a: if the information was disclosed or supplied in bad faith; or b: if, in the case of information disclosed or supplied by a lawyer, there were reasonable grounds to believe that the information was a privileged communication but the lawyer disclosed it or supplied it despite the existence of those grounds. 5: Nothing in this section applies in respect of proceedings for an offence under any of sections 92 to 97 Section 44 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 45: Immunity from liability for disclosure of information relating to money laundering transactions 1: This section applies if— a: a person does any act that would constitute, or that the person believes would constitute, an offence against section 243(2) or (3) b: in respect of the doing of that act, that person would have, by virtue of section 244 section 243(2) or (3) c: that person discloses to any Police employee any information relating to a money laundering transaction (within the meaning of section 243(4) d: that information is so disclosed, in good faith, for the purpose of, or in connection with, the enforcement or intended enforcement of any enactment or provision referred to in section 244(a) e: that person is otherwise under any obligation (whether arising by virtue of any enactment or any rule of law or any other instrument) to maintain secrecy in relation to, or not to disclose, that information. 2: If this section applies, then, without limiting section 44 Section 45 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 46: Disclosure of information relating to suspicious activity reports 1: This section and section 47 a: any suspicious activity report: b: any information the disclosure of which will identify, or is reasonably likely to identify, any person— i: as a person who, in his or her capacity as an officer or employee of a reporting entity, has handled a transaction in respect of which a suspicious activity report was made; or ii: as a person who has prepared a suspicious activity report; or iii: as a person who has made a suspicious activity report: c: any information that discloses, or is reasonably likely to disclose, the existence of a suspicious activity report. 2: A reporting entity must not disclose information to which this section relates to any person except— a: a Police employee who is authorised by the Commissioner to receive the information; or b: the reporting entity’s AML/CFT supervisor; or c: an officer or employee of the reporting entity, for any purpose connected with the performance of that person's duties; or d: a lawyer, for the purpose of obtaining legal advice or representation in relation to the matter; or e: another member of a designated business group of which the reporting entity is a member, to the extent necessary for the reporting entity to decide whether to make a suspicious activity report. 3: A Police employee may disclose information to which this section applies only for law enforcement purposes. 4: An AML/CFT supervisor may disclose information to which this section applies only to the Police for law enforcement purposes. 5: A person to whom a function or power has been delegated under section 134 6: A person ( person A a: the performance of person A's duties; or b: obtaining legal advice or representation in relation to the matter. 7: A person referred to in subsection (2)(d) to whom disclosure of any information to which that subsection applies has been made must not disclose that information except to a person of the kind referred to in that subsection for the purpose of giving legal advice or making representations in relation to the matter. 8: Any other person who has information to which this section applies may disclose that information only to the Police for law enforcement purposes. Section 46 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 47: Disclosure of information in proceedings 1: No person may disclose, in any judicial proceeding (within the meaning of section 108(4) 2: Nothing in this section prohibits the disclosure of any information for the purposes of the prosecution of any offence against section 93 94 Section 47 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 48: Disclosure of personal information relating to employees or senior managers An AML/CFT supervisor that has, in the performance and exercise of its functions and powers under this Act, obtained personal information about employees or senior managers may disclose that information to another government agency for the following purposes if the AML/CFT supervisor is satisfied that the agency has a proper interest in receiving the information: a: law enforcement purposes: b: the detection, investigation, and prosecution of any offence under the following Acts: i: the Companies Act 1993 ii: iii: the Financial Service Providers (Registration and Dispute Resolution) Act 2008 iv: the Gambling Act 2003 v: the Reserve Bank of New Zealand Act 2021 section 5 vi: the Financial Markets Conduct Act 2013 Section 48 replaced 11 August 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 48(b)(ii) repealed 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019 Section 48(b)(v) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 2A: Prescribed transaction reports Subpart 2A inserted 1 July 2017 section 9 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 48A: Reporting entities to report certain prescribed transactions 1: Despite any other enactment or rule of law, but subject to any regulations made under section 154 section 48B 2: Nothing in subsection (1) requires any lawyer to disclose any privileged communication (as defined in section 42 Section 48A inserted 1 July 2017 section 9 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 48B: Prescribed transaction reports 1: Except as provided in subsection (2), a report made under section 48A(1) a: be in the form or forms (if any) prescribed by regulations made under section 153(c) b: contain the following information: i: a description of the nature of the transaction: ii: the amount of the transaction and the currency in which it was denominated: iii: the date on which the transaction was conducted: iv: the parties to the transaction: v: if applicable, the name of the facility through which the transaction was conducted, and any other facilities (whether or not provided by the reporting entity) directly involved in the transaction: vi: any other information prescribed by regulations made under section 153(c) c: be signed by a person authorised by the reporting entity to sign prescribed transaction reports (unless the report is provided by electronic means other than an electronic copy of the signed report); and d: be forwarded, in writing, to the Commissioner— i: by way of secure electronic transmission specified or provided by the Commissioner for this purpose; or ii: by another means (including, without limitation, by way of transmission by post, fax, or email) that may be agreed from time to time between the Commissioner and the reporting entity concerned. 2: The Commissioner may confer the authority to receive a prescribed transaction report under subsection (1) on— a: any specified Police employee; or b: Police employees of any specified rank or class; or c: any Police employee or Police employees for the time being holding any specified office or specified class of offices. Section 48B inserted 1 July 2017 section 9 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 48C: Sections 43 to 48 apply to prescribed transactions Sections 43 to 48 Section 48C inserted 1 July 2017 section 9 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 3: Record keeping 49: Obligation to keep transaction records 1: In relation to every transaction that is conducted through a reporting entity, the reporting entity must keep those records that are reasonably necessary to enable that transaction to be readily reconstructed at any time. 2: Without limiting subsection (1), records must contain the following information: a: the nature of the transaction: b: the amount of the transaction and the currency in which it was denominated: c: the date on which the transaction was conducted: d: the parties to the transaction: e: if applicable, the facility through which the transaction was conducted, and any other facilities (whether or not provided by the reporting entity) directly involved in the transaction: f: the name of the officer or employee or agent of the reporting entity who handled the transaction, if that officer, employee, or agent— i: has face-to-face dealings in respect of the transaction with any of the parties to the transaction; and ii: has formed a suspicion (of the kind referred to in paragraph (b) of the definition of suspicious activity in section 39A g: any other information prescribed by regulations. 3: A reporting entity must retain the records kept by that reporting entity, in accordance with this section, in relation to a transaction for— a: a period of at least 5 years after the completion of that transaction; or b: any longer period that the AML/CFT supervisor for the reporting entity, or the Commissioner, specifies. 1996 No 9 s 29 Section 49(2)(f)(ii) amended 30 November 2022 section 12 Statutes Amendment Act 2022 49A: Obligation to keep reports of suspicious activities 1: If a reporting entity reports a suspicious activity to the Commissioner, the reporting entity must keep a copy of that report. 2: The reporting entity must keep a copy of the report for— a: a period of at least 5 years after the report is made; or b: any longer period that the AML/CFT supervisor for the reporting entity, or the Commissioner, specifies. Section 49A inserted 11 August 2017 section 26 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 50: Obligation to keep identity and verification records 1: In respect of each case in which a reporting entity is required, under subpart 1 2: Without limiting subsection (1), those records may comprise— a: a copy of the evidence so used; or b: if it is not practicable to retain that evidence, any information as is reasonably necessary to enable that evidence to be obtained. 3: A reporting entity must retain the records kept by that reporting entity for,— a: in the case of records relating to the identity and verification of the identity of a person in relation to establishing a business relationship, a period of at least 5 years after the end of that business relationship; or b: in the case of records relating to the identity and verification of the identity of a person in relation to conducting an occasional transaction or activity occasional transaction or activity c: in the case of records relating to the identity and verification of the identity of an originator in relation to a wire transfer,— i: if the wire transfer is conducted by a customer with whom the reporting entity has a business relationship, a period of at least 5 years after the end of that business relationship; or ii: if the wire transfer is an occasional transaction or activity 1996 No 9 s 30 Section 50(3)(b) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 50(3)(c)(ii) amended 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 51: Obligation to keep other records 1: A reporting entity must keep the following records in addition to the records referred to in sections 49 50 a: records that are relevant to the establishment of the business relationship; and b: records relating to risk assessments, AML/CFT programmes, and audits; and c: any other records (for example, account files, business correspondence, and written findings) relating to, and obtained during the course of, a business relationship that are reasonably necessary to establish the nature and purpose of, and activities relating to, the business relationship ; and d: any other records prescribed by regulations made under section 153 2: The records relating to risk assessment, AML/CFT programmes, and audits must be kept for a period of at least 5 years after the date on which they ceased to be used on a regular basis. 3: A reporting entity must make records relating to risk assessments, AML/CFT programmes, and audits available to its AML/CFT supervisor on request. 1996 No 9 s 31 Section 51(1)(c) amended 11 August 2017 section 27(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 51(1)(d) inserted 11 August 2017 section 27(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 51(2) replaced 11 August 2017 section 27(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 52: How records to be kept Records required by this subpart to be kept by a reporting entity must— a: be kept either in written form in the English language, or so as to enable the records to be readily accessible and readily convertible into written form in the English language; and b: be kept in the manner prescribed by regulations (if any). 1996 No 9 s 32 53: When records need not be kept 1: Nothing in this subpart requires the retention of any records kept by a reporting entity that has been liquidated and finally dissolved except as provided in subsection (2). 2: The High Court may, in relation to a reporting entity that is being or has been liquidated, make an order requiring that any or all of the records referred to in sections 50 51 1996 No 9 s 33 54: Destruction of records 1: Subject to subsection (2), a reporting entity must take all practicable steps to ensure that every record retained by that reporting entity under this subpart, and every copy of that record, is destroyed as soon as practicable after the expiry of the period for which the reporting entity is required to retain that record. 2: Nothing in this section requires the destruction of any record, or any copy of any record, in any case where there is a lawful reason for retaining that record. 3: Without limiting subsection (2), there is a lawful reason for retaining a record if the retention of that record is necessary— a: in order to comply with the requirements of any other enactment; or b: to enable a reporting entity to carry on its business; or c: for the purposes of the detection, investigation, or prosecution of any offence. 1996 No 9 s 34 55: Other laws not affected Nothing in this subpart limits or affects any other enactment that requires any reporting entity to keep or retain a record. 1996 No 9 s 35 4: Compliance with AML/CFT requirements 56: Reporting entity must have AML/CFT programme and AML/CFT compliance officer 1: A reporting entity must establish, implement, and maintain a compliance programme (an AML/CFT programme a: detect money laundering and the financing of terrorism; and b: manage and mitigate the risk of money laundering and financing of terrorism. 2: A reporting entity must designate an employee as an AML/CFT compliance officer to administer and maintain its AML/CFT programme. 3: In the case of a reporting entity that does not have employees, the reporting entity must appoint a person to act as its AML/CFT compliance officer. 4: The AML/CFT compliance officer must report to a senior manager of the reporting entity. 5: Despite subsections (2) to (4), if a reporting entity is a partnership,— a: the partnership may designate one of the partners as an AML/CFT compliance officer to administer and maintain its AML/CFT programme, irrespective of whether the partnership has or does not have employees; and b: the partner so designated must report to another partner designated for the purpose of receiving those reports by the partnership. Section 56(5) inserted 8 September 2018 section 6 Statutes Amendment Act 2018 57: Minimum requirements for AML/CFT programmes 1: A reporting entity’s AML/CFT programme must be in writing and section 58 a: vetting— i: senior managers: ii: the AML/CFT compliance officer: iii: any other employee that is engaged in AML/CFT related duties; and b: training on AML/CFT matters for the following employees: i: senior managers: ii: the AML/CFT compliance officer: iii: any other employee that is engaged in AML/CFT related duties; and c: complying with customer due diligence requirements (including ongoing customer due diligence and account monitoring); and d: reporting suspicious activities da: reporting prescribed transactions; and e: record keeping; and f: setting out what the reporting entity needs to do, or continue to do, to manage and mitigate the risks of money laundering and the financing of terrorism; and g: examining, and keeping written findings relating to,— i: complex or unusually large transactions; and ii: unusual patterns of transactions that have no apparent economic or visible lawful purpose; and iii: any other activity that the reporting entity regards as being particularly likely by its nature to be related to money laundering or the financing of terrorism; and h: monitoring, examining, and keeping written findings relating to business relationships and transactions from or in countries that do not have or have insufficient anti-money laundering or countering financing of terrorism systems in place and have additional measures for dealing with or restricting dealings with such countries; and i: preventing the use, for money laundering or the financing of terrorism, of products (for example, the misuse of technology) and transactions (for example, non-face-to-face business relationships or transactions) that might favour anonymity; and j: determining when enhanced customer due diligence is required and when simplified customer due diligence might be permitted; and k: providing when a person who is not the reporting entity may, and setting out the procedures for the person to, conduct the relevant customer due diligence on behalf of the reporting entity; and l: monitoring and managing compliance with, and the internal communication of and training in, those procedures, policies, and controls. 2: In developing an AML/CFT programme, a reporting entity must have regard to any applicable guidance material produced by AML/CFT supervisors or the Commissioner relating to AML/CFT programmes. Section 57(1) amended 11 August 2017 section 28(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 57(1)(d) amended 11 August 2017 section 28(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 57(1)(da) inserted 1 July 2017 section 10 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 57(2) inserted 11 August 2017 section 28(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 58: Risk assessment 1: Before conducting customer due diligence or establishing an AML/CFT programme, a reporting entity must first undertake an assessment of the risk of money laundering and the financing of terrorism (a risk assessment 2: In assessing the risk, the reporting entity must have regard to the following: a: the nature, size, and complexity of its business; and b: the products and services it offers; and c: the methods by which it delivers products and services to its customers; and d: the types of customers it deals with; and e: the countries it deals with; and f: the institutions it deals with; and g: any applicable guidance material produced by AML/CFT supervisors or the Commissioner relating to risk assessments; and h: any other factors that may be provided for in regulations. 3: The risk assessment must be in writing and— a: identify the risks faced by the reporting entity in the course of its business; and b: describe how the reporting entity will ensure that the assessment remains current; and c: enable the reporting entity to determine the level of risk involved in relation to relevant obligations under this Act and regulations. 59: Review and audit of risk assessment and AML/CFT programmes 1: A reporting entity (other than a high-value dealer) must review its risk assessment and AML/CFT programme to— a: ensure that the risk assessment and AML/CFT programme are up to date; and b: identify any deficiencies in the effectiveness of the risk assessment and the AML/CFT programme; and c: make any changes to the risk assessment or AML/CFT programme identified as being necessary under paragraph (b). 2: A reporting entity (other than a high-value dealer) must ensure that its risk assessment and AML/CFT programme are audited every 2 years or during a different time period prescribed by regulations, or at any other time at the request of the relevant AML/CFT supervisor. Section 59 replaced 11 August 2017 section 29 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 59A: Audit of compliance with AML/CFT obligations A high-value dealer must ensure that its compliance with its AML/CFT obligations under section 6(4)(d)(ii) Section 59A inserted 11 August 2017 section 29 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 59B: Who carries out audit 1: An audit under section 59 59A 2: A person appointed to conduct an audit is not required to be— a: a chartered accountant within the meaning of section 19 b: qualified to undertake financial audits. 3: A person appointed to conduct an audit must not have been involved in— a: the establishment, implementation, or maintenance of the reporting entity's AML/CFT programme (if any); or b: the undertaking of the reporting entity's risk assessment (if any). 4: The audit of a risk assessment under section 59 section 58(3) 5: A reporting entity must provide a copy of any audit to its AML/CFT supervisor on request. Section 59B inserted 11 August 2017 section 29 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 60: Annual AML/CFT report 1: The reporting entity must prepare an annual report on its risk assessment and AML/CFT programme. 2: An annual report must— a: be in the prescribed form; and b: take into account the results and implications of the audit required by section 59(2) c: contain any information prescribed by regulations. 3: The reporting entity must provide the annual report to its AML/CFT supervisor at a time appointed by the AML/CFT supervisor. 4: The AML/CFT supervisor must give the reporting entity reasonable notice of the requirement to provide the annual report. 61: Reporting entities to ensure that branches and subsidiaries comply with AML/CFT requirements 1: A reporting entity must ensure that its branches and subsidiaries that are in a foreign country apply, to the extent permitted by the law of that country, measures broadly equivalent to those set out in this Act and regulations with regard to the requirements for customer due diligence (including ongoing customer due diligence), risk assessments, AML/CFT programmes, and record keeping. 2: If the law of the foreign country does not permit the application of those equivalent measures by the branch or the subsidiary located in that country, the reporting entity must— a: inform its AML/CFT supervisor accordingly; and b: take additional measures to effectively handle the risk of a money laundering offence and the financing of terrorism. 3: A reporting entity must communicate (where relevant) the policies, procedures, and controls that it establishes, implements, and maintains in accordance with this subpart to its branches and subsidiaries that are outside New Zealand. 5: Codes of practice 62: Interpretation In this Part, unless the context otherwise requires,— code of practice section 64 proposed code of practice section 63(1) 63: AML/CFT supervisors to prepare codes of practice for relevant sectors 1: An AML/CFT supervisor must, if directed to do so by the Minister responsible for that AML/CFT supervisor (the responsible Minister a: 1 or more codes of practice for the sector of activity of the reporting entities for which it is the supervisor under section 130 b: an instrument that amends a code of practice or revokes the whole or any provision of a code of practice prepared under paragraph (a). 2: The purpose of a code of practice is to provide a statement of practice that assists reporting entities to comply with their obligations under this Act and regulations. 3: A direction under subsection (1) may (without limitation)— a: relate generally to the obligations imposed on the relevant reporting entities by or under this Act or regulations or specify particular aspects of those obligations that are to be covered by the code of practice: b: specify the amendments to be made or their intended effect, and specify the extent of the revocation to be made: c: indicate the date by which the responsible Minister wishes the code of practice to be provided to him or her: d: include details about the recommendation that the AML/CFT supervisor is required to provide under section 64(1)(a) 4: An AML/CFT supervisor must comply with a direction under subsection (1) as soon as practicable. 5: No code of practice has legal effect until approved by the responsible Minister under section 64(6) 64: Procedure for approval and publication of codes of practice 1: The responsible Minister must not approve a code of practice prepared by an AML/CFT supervisor unless— a: the AML/CFT supervisor has made a recommendation that the Minister should approve the code of practice; and b: the AML/CFT supervisor has consulted the persons and organisations that the Minister thinks appropriate, having regard to the subject matter of the proposed code of practice. 2: In consulting under subsection (1)(b), the AML/CFT supervisor must ensure that— a: a copy of the proposed code of practice or a summary of its contents, in hard copy or electronic format, is provided to the persons and organisations being consulted; and b: the persons and organisations being consulted have at least 20 working days to make submissions or representations about the proposed code of practice. 3: The responsible Minister may direct the AML/CFT supervisor to reconsider any aspect of the proposed code of practice and to make any amendments that the Minister considers necessary. 4: Despite subsection (3),— a: if the AML/CFT supervisor does not amend the proposed code of practice as directed by the Minister or within the time specified by the Minister, the Minister may make those amendments: b: the Minister may, after consultation with the AML/CFT supervisor, make any further amendments to the proposed code of practice that he or she considers necessary. 5: The responsible Minister must— a: approve the proposed code of practice as prepared by the AML/CFT supervisor; or b: approve the proposed code of practice as amended by the AML/CFT supervisor; or c: approve the proposed code of practice as amended by the Minister after consultation with the AML/CFT supervisor. 6: A code of practice is secondary legislation ( see Part 3 7: That Act applies as if— a: the Minister were the maker of the code of practice; and b: the code of practice were made by the Minister approving it. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • notify in the Gazette 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(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 64(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 65: Amendment and revocation of codes of practice 1: A code of practice may be amended or revoked in the same manner as that in which it was made. 2: Sections 63 64 66 67 66: Proof of codes of practice Publication under the Legislation Act 2019 sections 64(1) to (5) 65 Section 66 replaced 28 October 2021 section 3 Secondary Legislation Act 2021 67: Legal effect of codes of practice 1: A reporting entity complies with an obligation imposed on it by or under this Act or regulations by— a: complying with those provisions of a code of practice that state a means of satisfying the obligation; or b: complying with the obligation by some other equally effective means. 2: However, a reporting entity may not rely on subsection (1)(b) as a defence to an act or omission on its part unless it has, by notice in writing given before the act or omission occurred, advised the AML/CFT supervisor that it has opted out of compliance with the code of practice and intends to satisfy its obligations by some other equally effective means. 3: If a person is charged with an offence in respect of a failure to comply with any provision of this Act, a court must, in determining whether that person has failed to comply with the provision, have regard to any code of practice in force under section 64(6) 4: If an application for an injunction against a person has been made under this Act, a court must, in determining whether to grant the injunction, have regard to any code of practice in force under section 64(6) 5: If an application for a pecuniary penalty against a person has been made under this Act, a court must, in determining whether to impose a pecuniary penalty, have regard to any code of practice in force under section 64(6) 5A: Cash transactions above applicable threshold value Subpart 5A inserted 5 April 2023 section 27 Criminal Activity Intervention Legislation Act 2023 67A: Prohibition on certain cash transactions A person who is in trade must not buy or sell any of the following articles by way of a cash transaction or a series of related cash transactions, if the total value of that transaction or those transactions is equal to or above the applicable threshold value: a: jewellery: b: watches: c: gold, silver, or other precious metals: d: diamonds, sapphires, or other precious stones: e: motor vehicles (within the meaning of section 6(1) f: ships (within the meaning of section 2(1) Section 67A inserted 5 April 2023 section 27 Criminal Activity Intervention Legislation Act 2023 6: Cross-border transportation of cash 68: Reports about movement of cash into or out of New Zealand 1: A person must not move cash into or out of New Zealand if— a: the total amount of the cash is equal to or above b: the person has not given a report in respect of the movement of that cash in accordance with this subpart; and c: the movement of that cash is not exempted under this Act or regulations (if any). 2: For the purposes of this Act, a person moves cash into New Zealand if the person brings or sends the cash into New Zealand. 3: For the purposes of this Act, a person moves cash out of New Zealand if the person takes or sends the cash out of New Zealand. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ss 53(3), 57(2), 58 (Aust) Section 68(1)(a) amended 11 August 2017 section 30 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 69: Reports about receipt of cash from outside New Zealand A person must not receive cash moved to the person from outside New Zealand if— a: the total amount of the cash is equal to or above b: the person has not given a report in respect of the movement of that cash in accordance with this subpart; and c: the movement of that cash is not exempted under this Act or regulations (if any). Anti-Money Laundering and Counter-Terrorism Financing Act 2006 s 55(3) (Aust) Section 69(a) amended 11 August 2017 section 31 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 70: Reporting requirements A report under this subpart must— a: be in writing in the appropriate prescribed form b: contain the prescribed information; and c: be completed in accordance with regulations (if any); and d: be provided to a Customs officer or any other prescribed person,— i: in the case of accompanied cash, at the time prescribed for the purposes of this subparagraph; and ii: in the case of unaccompanied cash, at the time prescribed for the purposes of this subparagraph. 1996 No 9 s 37 Section 70(a) amended 11 August 2017 section 32(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 70(d) replaced 11 August 2017 section 32(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 71: Information to be forwarded to Commissioner 1: If a report is made to a Customs officer under this subpart, that officer must, as soon as practicable, forward the report to the Commissioner. 2: If, in the course of conducting a search under this Act, a Customs officer discovers any cash in respect of which a report is required to be made under this subpart but has not been made, that officer must, as soon as practicable, report the details of the search, and of the cash, to the Commissioner. 3: Every report made under subsection (2) must be in the form that the Commissioner may determine after consultation with the chief executive of the New Zealand Customs Service. 4: The chief executive of the New Zealand Customs Service must— a: cause a record to be made and kept of— i: each occasion on which a cash report is made to a Customs officer; and ii: the details of the identity of the person making the cash report; and iii: the date on which the cash report is made; and b: ensure that the record is retained for a period of not less than 1 year after the date on which the cash report is made. 1996 No 9 s 42 3: Enforcement 1: General provisions relating to Part Proceedings for civil penalties 72: When and how civil penalty proceedings brought 1: An application for a civil penalty under this Part may be made no later than 6 years after the conduct giving rise to the liability to pay the civil penalty occurred. 2: In proceedings for a civil penalty under this Part,— a: the standard of proof is the standard of proof that applies in civil proceedings; and b: the relevant AML/CFT supervisor may, by order of the court, obtain discovery and administer interrogatories. Relationship between civil penalty and criminal proceedings 73: Relationship between concurrent civil penalty proceedings and criminal proceedings 1: Criminal proceedings for an offence under this Part may be commenced against a person in relation to particular conduct whether or not proceedings for a civil penalty under this Part have been commenced against the person in relation to the same or substantially the same conduct. 2: Proceedings under this Part for a civil penalty against a person in relation to particular conduct are stayed if criminal proceedings against the person are or have been commenced for an offence under this Part in relation to the same or substantially the same conduct. 3: After the criminal proceedings referred to in subsection (2) have been completed or withdrawn, a person may apply to have the stay lifted on the civil penalty proceedings referred to in that subsection. 74: One penalty only rule 1: If civil penalty or criminal proceedings under this Part are brought against a person in relation to particular conduct, a court may not impose a penalty (whether civil or criminal) on the person if a court has already imposed a penalty under this Part in proceedings relating to the same or substantially the same conduct. 2: If a person is or may be liable to more than 1 civil penalty under this Part in respect of the same or substantially the same conduct, civil penalty proceedings may be brought against the person for more than 1 civil penalty, but the person may not be required to pay more than 1 civil penalty in respect of the same or substantially the same conduct. 75: Restriction on use of evidence given in civil penalty proceedings 1: Evidence of information given, or evidence of production of documents, by a person is not admissible in criminal proceedings against the person for an offence under this Part or any other enactment if— a: the person previously gave the evidence or produced the documents in civil penalty proceedings under this Part against him or her, whether or not a civil penalty was imposed; and b: the proceedings for the civil penalty related to conduct that was the same or substantially the same as the conduct constituting the offence. 2: This section does not apply to criminal proceedings in respect of the falsity of the evidence given by the person in the proceedings for the civil penalty. Immunities 76: Protection for AML/CFT supervisors No civil or criminal proceedings may be brought against an AML/CFT supervisor or a person who is or has been an officer, employee, member of, or member of the board of, an AML/CFT supervisor for anything done or omitted to be done in the course of the performance or exercise of the AML/CFT supervisor's functions or powers under this Act or regulations Section 76 amended 11 August 2017 section 33 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 77: Protection for reporting entities, officers, etc, acting in compliance with this Act No reporting entity, or person who is, or has been, an officer, an employee, or a member of the governing body of the reporting entity, or person appointed under section 56(3) a: was taken in good faith; and b: was reasonable in the circumstances. 2: Civil liability 78: Meaning of civil liability act In this Part, a civil liability act a: fails to conduct customer due diligence as required by subpart 1 b: fails to adequately monitor accounts and transactions: c: enters into or continues a business relationship with a person who does not produce or provide satisfactory evidence of the person’s identity: d: enters into or continues a correspondent banking relationship with a shell bank: da: fails to report transactions in accordance with subpart 2A e: fails to keep records in accordance with the requirements of subpart 3 f: fails to establish, implement, or maintain an AML/CFT programme: g: fails to ensure that its branches and subsidiaries comply with the relevant AML/CFT requirements: h: enters into cash transactions in relation to certain items in breach of section 67A Section 78(da) inserted 1 July 2017 section 11 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 78(h) inserted 5 April 2023 section 28 Criminal Activity Intervention Legislation Act 2023 79: Possible responses to civil liability act If a civil liability act is alleged to have occurred, the relevant AML/CFT supervisor may do 1 or more of the following: a: issue a formal warning under section 80 b: accept an enforceable undertaking under section 81 section 82 c: seek an injunction from the High Court under section 85 87 d: apply to the court for a pecuniary penalty under section 90 Formal warnings 80: Formal warnings 1: The relevant AML/CFT supervisor may issue 1 or more formal warnings to a person if the AML/CFT supervisor has reasonable grounds to believe that that person has engaged in conduct that constituted a civil liability act. 2: A formal warning must be— a: in the prescribed form; and b: issued in the manner specified in regulations (if any). Enforceable undertakings 81: Enforceable undertakings 1: The relevant AML/CFT supervisor may accept a written undertaking given by a person in connection with compliance with this Act or regulations (if any). 2: The person may withdraw or vary the undertaking at any time, but only with the consent of the relevant AML/CFT supervisor. 82: Enforcement of undertakings 1: If the relevant AML/CFT supervisor considers that a person who gave an undertaking under section 81 2: If the court is satisfied that the person has breached 1 or more of the terms of the undertaking, the court may make any or all of the following orders: a: an order directing the person to comply with any of the terms of the undertaking: b: an order directing the person to pay to the AML/CFT supervisor an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach: c: any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach. 83: Assessment of compensation for breach of undertakings For the purposes of section 82(2)(c) person A a: the extent to which any expenses incurred by person A are attributable to dealing with the breach: b: the effect of the breach on person A's ability to carry on business or other activities: c: any damage to the reputation of person A's business that is attributable to dealing with the breach: d: any loss of business opportunities suffered by person A as a result of dealing with the breach: e: any other matters that the court considers relevant. Injunctions 84: Powers of High Court not affected The powers in sections 85 89 85: Performance injunctions 1: The High Court may, on the application of the relevant AML/CFT supervisor, grant an injunction requiring a person to do an act or thing if— a: that person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do that act or thing; and b: the refusal or failure was, is, or would be a civil liability act. 2: The court may rescind or vary an injunction granted under this section. 86: When High Court may grant performance injunctions 1: The High Court may grant an injunction requiring a person to do an act or thing if— a: it is satisfied that the person has refused or failed to do that act or thing; or b: it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing. 2: Subsection (1)(a) applies whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing. 3: Subsection (1)(b) applies— a: whether or not the person has previously refused or failed to do that act or thing; or b: where there is an imminent danger of substantial damage to any other person if that person refuses or fails to do that act or thing. 87: Restraining injunctions 1: The High Court may, on the application of the relevant AML/CFT supervisor, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute a contravention of a provision of this Act. 2: The court may rescind or vary an injunction granted under this section. 88: When High Court may grant restraining injunctions and interim injunctions 1: The High Court may grant an injunction restraining a person from engaging in conduct of a particular kind if— a: it is satisfied that the person has engaged in conduct of that kind; or b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind. 2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if, in its opinion, it is desirable to do so. 3: Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind. 4: Subsections (1)(b) and (2) apply— a: whether or not the person has previously engaged in conduct of that kind; or b: where there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind. 89: Undertaking as to damages not required by AML/CFT supervisor 1: If the relevant AML/CFT supervisor applies to the High Court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the AML/CFT supervisor to give an undertaking as to damages. 2: However, in determining the AML/CFT supervisor’s application for the grant of an interim injunction, the court must not take into account that the AML/CFT supervisor is not required to give an undertaking as to damages. Pecuniary penalties 90: Pecuniary penalties for civil liability act 1: On the application of the relevant AML/CFT supervisor, the High Court may order a person to pay a pecuniary penalty to the Crown, or to any other person specified by the court, if the court is satisfied that that person has engaged in conduct that constituted a civil liability act. 2: For a civil liability act specified in section 78(b), (c), (d), or (g) a: in the case of an individual, $100,000; and b: in the case of a body corporate or partnership 3: For a civil liability act specified in section 78(a), (da), (e), (f), or (h) a: in the case of an individual, $200,000; and b: in the case of a body corporate or partnership 4: In determining an appropriate pecuniary penalty, the court must have regard to all relevant matters, including— a: the nature and extent of the civil liability act; and b: the likelihood, nature, and extent of any damage to the integrity or reputation of New Zealand’s financial system because of the civil liability act; and c: the circumstances in which the civil liability act occurred; and d: whether the person has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. Section 90(2)(b) amended 8 September 2018 section 7(1) Statutes Amendment Act 2018 Section 90(3) amended 5 April 2023 section 29 Criminal Activity Intervention Legislation Act 2023 Section 90(3) amended 1 July 2017 section 12 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 90(3)(b) amended 8 September 2018 section 7(2) Statutes Amendment Act 2018 3: Offences Offence and penalties relating to civil liability act 91: Offence and penalties for civil liability act A reporting entity that engages in conduct constituting a civil liability act commits an offence if the reporting entity engages in that conduct knowingly or recklessly. Offences relating to suspicious activity Heading replaced 1 July 2017 section 13 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Heading amended 11 August 2017 section 34 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 92: Failing to report suspicious activity 1: A reporting entity commits an offence if— a: an activity b: the reporting entity has reasonable grounds to suspect that the activity or the proposed activity i: relevant to the investigation or prosecution of any person for a money laundering offence; or ii: relevant to the enforcement of the Misuse of Drugs Act 1975 iii: relevant to the enforcement of the Terrorism Suppression Act 2002 iv: relevant to the enforcement of the Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 ; or v: relevant to the investigation or prosecution of an offence section 243(1) c: the reporting entity fails to report the activity or the proposed activity 2: It is a defence to a prosecution under this section if a reporting entity believes on reasonable grounds that the documents or information relating to the activity were privileged communications. 1996 No 9 s 22(1) Section 92 heading amended 11 August 2017 section 35(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 92(1)(a) amended 11 August 2017 section 35(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 92(1)(b) amended 11 August 2017 section 35(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 92(1)(b)(iv) amended 12 December 2012 section 6 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2012 Section 92(1)(b)(v) amended 1 July 2017 section 14 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 92(1)(c) amended 11 August 2017 section 35(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 92(2) inserted 11 August 2017 section 35(5) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 93: Providing false or misleading information in connection with suspicious activity A person commits an offence who, in making a suspicious activity suspicious activity a: makes any statement that the person knows is false or misleading in a material particular; or b: omits from any statement any matter or thing without which the person knows that the statement is false or misleading in a material particular. 1996 No 9 s 22(3) Section 93 heading amended 11 August 2017 section 36(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 93 heading amended 1 July 2017 section 15(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 93 amended 11 August 2017 section 36(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 93 amended 1 July 2017 section 15(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 94: Unlawful disclosure of suspicious activity 1: A person commits an offence who contravenes section 46 a: for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or b: with intent to prejudice any investigation into— i: the commission or possible commission of a money laundering offence; or ii: the financing of terrorism or the possible financing of terrorism. 2: A person commits an offence who— a: is an officer or employee or a former officer or employee of a reporting entity, a person appointed as an AML/CFT compliance officer under section 56(3) b: has become aware, or became aware, in the course of that person’s duties as such an officer or employee, that any investigation into any activity or proposed activity that is the subject of a suspicious activity report or a prescribed transaction report c: knows that he or she is not legally authorised to disclose the information; and d: discloses that information to any other person— i: for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or ii: with intent to prejudice any investigation into— A: the commission or possible commission of a money laundering offence; or B: the financing of terrorism or the possible financing of terrorism. 1996 No 9 s 22(4), (5) Section 94 heading amended 11 August 2017 section 37(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 94 heading amended 1 July 2017 section 16(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 94(2)(b) amended 11 August 2017 section 37(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 94(2)(b) amended 1 July 2017 section 16(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 95: Failure to keep or retain adequate records relating to suspicious activities A reporting entity commits an offence if the reporting entity fails to keep or retain adequate records relating to a suspicious activity or a prescribed transaction Section 95 heading amended 11 August 2017 section 38(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 95 heading amended 1 July 2017 section 17(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 95 amended 11 August 2017 section 38(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 95 amended 1 July 2017 section 17(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 96: Obstruction of investigation relating to suspicious activity 1: A person commits an offence if the person obstructs any investigation relating to any suspicious activity or prescribed transaction report 2: It is a defence to a prosecution under this section if the reporting entity believes on reasonable grounds that the documents or information were privileged communications. Section 96 heading amended 11 August 2017 section 39(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 96 heading amended 1 July 2017 section 18(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 96(1) amended 11 August 2017 section 39(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 96(1) amended 1 July 2017 section 18(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 96(2) inserted 11 August 2017 section 39(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 97: Contravention of section 47(1) or 48A(1) A person commits an offence if the person acts in contravention of section 47(1) or 48A(1) 1996 No 9 s 22(8) Section 97 heading amended 1 July 2017 section 19(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 97 amended 1 July 2017 section 19(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 98: Defence 1: It is a defence to a charge against a person in relation to a contravention of, or a failure to comply with, Part 2 a: the defendant took all reasonable steps to ensure that the defendant complied with that Part b: in the circumstances of the particular case, the defendant could not reasonably have been expected to ensure that the defendant complied with that Part 2: In determining, for the purposes of subsection (1)(a), whether or not a defendant took all reasonable steps to comply with Part 2 a: the nature of the reporting entity and the activities in which it engages; and b: the existence and adequacy of any procedures established by the reporting entity to ensure compliance with that Part. 3: Except as provided in subsection (4), subsection (1) does not apply unless, within 21 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice— a: stating that the defendant intends to rely on the defence referred to in subsection (1); and b: specifying the reasonable steps that the defendant will claim to have taken. 4: In any such prosecution, evidence that the defendant took a step not specified in the written notice required by subsection (3) is not, except with the leave of the court, admissible for the purpose of supporting a defence under subsection (1). 1996 No 9 s 23 99: Time limit for prosecution of offences relating to civil liability act and suspicious activity or prescribed transaction reports Despite anything to the contrary in section 25 sections 91 to 97 Section 99 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 99 heading amended 11 August 2017 section 40 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 99 heading amended 1 July 2017 section 20 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 100: Penalties A reporting entity or person who commits an offence under any of sections 91 to 97 a: in the case of an individual, either or both of the following: i: a term of imprisonment of not more than 2 years: ii: a fine of up to $300,000; and b: in the case of a body corporate or partnership Section 100(b) amended 8 September 2018 section 8 Statutes Amendment Act 2018 Other offences relating to non-compliance with AML/CFT requirements 101: Structuring transaction to avoid application of AML/CFT requirements 1: A person commits an offence if the person structures a transaction (other than a transaction that involves the cross-border transportation of cash) to avoid the application of any AML/CFT requirements. 2: For the purposes of this section, transaction Section 101(2) inserted 1 July 2017 section 21 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 102: Offence to obstruct AML/CFT supervisor A person commits an offence if the person wilfully obstructs any AML/CFT supervisor in the exercise of any power conferred or the performance of any function imposed on that supervisor by this Act or regulations Section 102 amended 11 August 2017 section 41 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 103: Offence to provide false or misleading information to AML/CFT supervisor A person commits an offence if, without reasonable excuse, the person provides information to an AML/CFT supervisor knowing that information to be false or misleading in any material respect. 104: Time limit for prosecution of offences relating to non-compliance with AML/CFT requirements Despite anything to the contrary in section 25 section 101 102 103 105A Section 104 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 104 amended 5 April 2023 section 30 Criminal Activity Intervention Legislation Act 2023 105: Penalties 1: A person who commits an offence under section 101 a: in the case of an individual, either or both of the following: i: a term of imprisonment of not more than 2 years: ii: a fine of up to $300,000; and b: in the case of a body corporate or partnership 2: A person who commits an offence under either of sections 102 103 a: in the case of an individual, either or both of the following: i: a term of imprisonment of not more than 3 months: ii: a fine of up to $10,000; and b: in the case of a body corporate or partnership Section 105(1)(b) amended 8 September 2018 section 9(1) Statutes Amendment Act 2018 Section 105(2)(b) amended 8 September 2018 section 9(2) Statutes Amendment Act 2018 Offence relating to cash transactions Heading inserted 5 April 2023 section 31 Criminal Activity Intervention Legislation Act 2023 105A: Contravention of section 67A 1: A person commits an offence who contravenes section 67A 2: A person who commits an offence under subsection (1) is liable, on conviction, to,— a: in the case of an individual, either or both of the following: i: a term of imprisonment of not more than 2 years: ii: a fine of up to $300,000; and b: in the case of a body corporate or partnership, a fine of up to $5 million. Section 105A inserted 5 April 2023 section 31 Criminal Activity Intervention Legislation Act 2023 Offences relating to cross-border transportation of cash 106: Failure to report cash equal to or above A person commits an offence if the person fails, without reasonable excuse, to make or cause to be made a cash report, in accordance with subpart 6 equal to or above Section 106 heading amended 11 August 2017 section 42(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 106 amended 11 August 2017 section 42(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 107: Failure to report cash equal to or above A person commits an offence if the person fails, without reasonable excuse, to make or cause to be made a cash report, in accordance with subpart 6 equal to or above Section 107 heading amended 11 August 2017 section 43(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 107 amended 11 August 2017 section 43(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 108: Structuring cross-border transportation to avoid application of AML/CFT requirements A person commits an offence if the person structures a cross-border transportation of cash to avoid the application of any AML/CFT requirements. 109: Defence It is a defence to an offence under section 106 107 section 70(d) a: the failure was due to some emergency or to any other circumstances outside the reasonable control of the defendant; and b: the defendant made or caused to be made a report in respect of that cash as soon as practicable after the obligation to make the report arose. 1996 No 9 s 40(3) 110: Providing false or misleading information in connection with cash report A person commits an offence if, without reasonable excuse, the person makes or causes to be made a cash report knowing it is false or misleading in any material respect. 1996 No 9 s 40(1)(b) 111: Offence to obstruct or not to answer questions from Customs officer 1: A person commits an offence if the person wilfully obstructs any Customs officer in the exercise of any power conferred or performance of any duty imposed on that officer by this Act or regulations 2: A person commits an offence if, without reasonable excuse, the person fails to answer questions from a Customs officer. 1996 No 9 s 40(2) Section 111(1) amended 11 August 2017 section 44 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 112: Penalties A person who commits an offence under any of sections 106 107 108 110 111 a: in the case of an individual, either or both of the following: i: a term of imprisonment of not more than 3 months: ii: a fine of up to $10,000; and b: in the case of a body corporate or partnership Section 112 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(b) amended 8 September 2018 section 10 Statutes Amendment Act 2018 113: Chief executive of New Zealand Customs Service may deal with cash reporting offences 1: This section applies if, in any case to which section 106 107 2: If this section applies, the chief executive of the New Zealand Customs Service may, at any time before a charging document has been filed section 112 3: If the chief executive of the New Zealand Customs Service accepts any sum under this section, the offender is not liable to be prosecuted for the offence in respect of which the payment was made. 1996 No 9 s 41 Section 113(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Relationship with Customs and Excise Act 2018 Heading amended 1 October 2018 section 443(3) Customs and Excise Act 2018 114: Relationship with Customs and Excise Act 2018 1: Nothing in this Act limits or affects the Customs and Excise Act 2018 2: The movement of cash in breach of any requirement of this Act or any regulations is, for the purposes of the Customs and Excise Act 2018 3: It is the duty of every Customs officer to prevent the movement of cash that is in breach of any requirement of this Act or any regulations. 4: For the purpose of carrying out the duty in subsection (3), a Customs officer may exercise his or her powers under the following sections of the Customs and Excise Act 2018 a: section 205 b: section 206 c: sections 210 211 214 d: sections 225 226 e: sections 227 237 f: section 228 g: section 252 h: section 257 i: section 258 j: sections 244 to 249 Section 114 heading amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 114(1) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 114(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 114(4) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Stored value instrument searches by Customs officer Heading replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 115: Duty to assist Customs officer to access stored value instruments 1: A Customs officer exercising a search power or an examination power under section 114(4) 2: In this case, section 130 3: In this section, stored value instrument a: means a portable device (for example, a debit card) that contains monetary value that is not physical currency but that can be reloaded or redeemed for cash; and b: includes an instrument that is prescribed as a bearer-negotiable instrument under section 153(b) Section 115 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 4: Search and seizure 116: Definitions In this subpart, unless the context otherwise requires,— document a: means any record of information; and b: includes— i: anything on which there is writing or any image; and ii: anything on which there are marks, figures, symbols, or perforations that have a meaning for persons qualified to interpret them; and iii: anything from which sounds, images, or writing can be reproduced, with or without the aid of anything else dwellinghouse enforcement officer section 141 evidential material a: an offence under this Part; or b: an attempt to commit an offence under this Part; or c: a civil liability act occupier a: a person who is present at the place and is in apparent control of it; and b: any person acting on behalf of the occupier place a: means anywhere on, under, or over any land or water; and b: includes all or any part of a building, structure, or conveyance seize thing a: any substance, article, document, container, or equipment; and b: anything in electronic or magnetic form. Search warrants 117: Search warrant 1: An enforcement officer may apply for a search warrant in respect of a place. 2: The application must be made by an enforcement officer in the manner provided in subpart 3 3: An issuing officer (within the meaning of section 3 4: The provisions of subparts 1 3 4 9 5: 6: Section 117(2) replaced 30 June 2013 section 201(3) Search and Surveillance Act 2012 Section 117(3) amended 30 June 2013 section 201(4) Search and Surveillance Act 2012 Section 117(4) replaced 30 June 2013 section 201(5) Search and Surveillance Act 2012 Section 117(4) amended 11 August 2017 section 45 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 117(5) repealed 30 June 2013 section 201(5) Search and Surveillance Act 2012 Section 117(6) repealed 30 June 2013 section 201(5) Search and Surveillance Act 2012 118: Powers under search warrant 1: A search warrant issued under section 117 a: b: c: search for d: inspect and copy any document; and for that purpose also do any of the following: i: require any person at the place to produce a particular document: ii: require any person at the place who has control or knowledge of a document to reproduce, or assist in reproducing, the document in usable form: iii: operate any equipment at the place: iv: remove a document temporarily to another place in order to copy it: e: f: require the occupier of the place to answer any questions put by the enforcement officer or constable. 2: An enforcement officer or constable may require the occupier of the place to do the following: a: hold any thing at the place in an unaltered state for a specified period of up to 5 working days: b: provide a copy of particular documents within a specified period (which must be a period that is reasonable in the circumstances). 3: The provisions of Part 4 subpart 3 sections 118 119 130 Section 118(1)(a) repealed 30 June 2013 section 201(6) Search and Surveillance Act 2012 Section 118(1)(b) repealed 30 June 2013 section 201(6) Search and Surveillance Act 2012 Section 118(1)(c) amended 30 June 2013 section 201(7) Search and Surveillance Act 2012 Section 118(1)(e) repealed 30 June 2013 section 201(6) Search and Surveillance Act 2012 Section 118(3) replaced 30 June 2013 section 201(8) Search and Surveillance Act 2012 Conduct of entry, search, and seizure 119: Assistance with searches Section 119 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 120: Enforcement officers to show identity card on request Section 120 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 121: Announcement before entry Section 121 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 122: Details of warrant to be given to occupier Section 122 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 123: Occupier entitled to be present during search 1: The occupier of a place that is subject to a search under this subpart, and who is present at any time during the search, is entitled to observe the search as it is being carried out. 2: The right to observe the search ceases if the person observing impedes the search. 3: This section does not prevent 2 or more parts of the place being searched at the same time. 124: Use of electronic equipment 1: If an enforcement officer, a constable, or a person assisting a search operates electronic equipment found at a place during a search, the officer, constable, or person must take all reasonable care not to damage the equipment or corrupt information stored on it. 2: If, as a result of a failure to take the care required by subsection (1), the owner of the equipment or information, or the occupier of the place that was searched, suffers damage, the owner or occupier may seek damages from the relevant AML/CFT supervisor or the Police (as the case may require) in respect of that damage. 125: Copies of documents seized to be provided Section 125 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 126: Receipts for things seized Section 126 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 127: Application of sections 198A and 198B of Summary Proceedings Act 1957 Section 127 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 Return and retention of things seized Heading repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 128: Return and retention of things seized Section 128 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 129: Order to retain things seized Section 129 repealed 30 June 2013 section 201(9) Search and Surveillance Act 2012 4: Institutional arrangements and miscellaneous provisions 1: Institutional arrangements AML/CFT supervisors 130: AML/CFT supervisors 1: The AML/CFT supervisors are as follows: a: for registered Reserve Bank b: for persons referred to in subsection (1A) (other than banks, life insurers, and non-bank deposit takers), the Financial Markets Authority is the relevant AML/CFT supervisor: c: for designated non-financial businesses or professions and high-value dealers, the Department of Internal Affairs, or another AML/CFT supervisor prescribed for the purpose, is the relevant AML/CFT supervisor: d: for TAB NZ 1A: For the purposes of subsection (1)(b), the persons are any of the following: a: persons registered, or required to be registered, under the Financial Service Providers (Registration and Dispute Resolution) Act 2008 i: section 5(1)(a), (ab), (d), (i) to (id), and (ma) ii: section 5(1)(k) b: statutory supervisors within the meaning of section 5 2: If the products or services provided by a particular reporting entity are covered by more than 1 AML/CFT supervisor,— a: the AML/CFT supervisors concerned may agree on the relevant AML/CFT supervisor that will be the reporting entity’s AML/CFT supervisor for the purposes of this Act; and b: the relevant AML/CFT supervisor will notify the reporting entity accordingly. 3: If a reporting entity is a member of a designated business group and the products and services provided by members of that designated business group are covered by more than 1 AML/CFT supervisor,— a: the AML/CFT supervisors concerned may agree on 1 AML/CFT supervisor that will be the AML/CFT supervisor for all the reporting entities that are members of the designated business group for the purposes of this Act; and b: that AML/CFT supervisor will notify the reporting entities accordingly. 4: If the AML/CFT supervisors cannot agree on which AML/CFT supervisor is to be a reporting entity's supervisor under subsection (2) or (3), then the AML/CFT co-ordination committee must appoint the AML/CFT supervisor for that entity. 5: A reporting entity may have only 1 AML/CFT supervisor. Section 130(1)(a) amended 5 December 2013 section 9 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 Section 130(1)(b) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 130(1)(c) replaced 11 August 2017 section 46 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 130(1)(d) inserted 11 August 2017 section 46 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 130(1)(d) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 130(1A) inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 130(1A)(a)(i) replaced 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019 131: Functions The functions of an AML/CFT supervisor are to— a: monitor and assess the level of risk of money laundering and the financing of terrorism across all of the reporting entities that it supervises: b: monitor the reporting entities that it supervises for compliance with this Act and regulations, and for this purpose to develop and implement a supervisory programme: c: provide guidance to the reporting entities it supervises in order to assist those entities to comply with this Act and regulations: d: investigate the reporting entities it supervises and enforce compliance with this Act and regulations: e: co-operate through the AML/CFT co-ordination committee (or any other mechanism that may be appropriate) with domestic and international counterparts to ensure the consistent, effective, and efficient implementation of this Act. 132: Powers 1: An AML/CFT supervisor has all the powers necessary to carry out its functions under this Act or regulations 2: Without limiting the power conferred by subsection (1), an AML/CFT supervisor may,— a: on notice, require production of, or access to, all records, documents, or information relevant to its supervision and monitoring of reporting entities for compliance with this Act; and b: conduct on-site inspections in accordance with section 133 c: provide guidance to the reporting entities it supervises by— i: producing guidelines; and ii: preparing codes of practice in accordance with section 63 iii: providing feedback on reporting entities' compliance with obligations under this Act and regulations; and iv: undertaking any other activities necessary for assisting reporting entities to understand their obligations under this Act and regulations, including how best to achieve compliance with those obligations; and d: co-operate and share information in accordance with sections 46 48 137 to 140 e: in accordance with this Act and any other enactment, initiate and act on requests from any overseas counterparts; and f: approve the formation of, and addition of members to, designated business groups. 3: An AML/CFT supervisor may only use the powers conferred on it under this Act and regulations for the purposes of this Act. 4: Nothing in this section requires any person to disclose any privileged communication. Section 132(1) amended 11 August 2017 section 47(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 132(4) inserted 11 August 2017 section 47(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 133: Matters relating to conduct of on-site inspections 1: An AML/CFT supervisor may, at any reasonable time, enter and remain at any place (other than a dwellinghouse or a marae) for the purpose of conducting an on-site inspection of a reporting entity. 2: During an inspection, an AML/CFT supervisor may require any employee, officer, or agent of the reporting entity to answer questions relating to its records and documents and to provide any other information that the AML/CFT supervisor may reasonably require for the purpose of the inspection. 3: A person is not required to answer a question asked by an AML/CFT supervisor under this section if the answer would or could incriminate the person. 4: Before an AML/CFT supervisor requires a person to answer a question, the person must be informed of the right specified in subsection (3). 5: Nothing in this section requires any person section 42 Section 133(5) amended 11 August 2017 section 48 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 134: Delegation of supervisory function and powers 1: An AML/CFT supervisor may delegate the following function and powers to a person who, by reason of his or her training or experience, is suitably qualified to perform that function and exercise those powers: a: its function under section 131(d) b: its powers under section 132(2)(a) and (b) section 131(d) 2: A delegation under subsection (1)— a: must be made by the chief executive of the AML/CFT supervisor in writing; and b: may be made subject to any restrictions and conditions that the AML/CFT supervisor thinks fit; and c: may be revoked at any time by written notice to the delegate. 3: A person to whom a function or power of the AML/CFT supervisor is delegated under this section— a: may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, and with the same effect, as if the delegate were the AML/CFT supervisor; and b: must disclose to the AML/CFT supervisor and manage appropriately any conflict of interest that might arise in relation to the performance of the function or exercise of the power; and c: must not disclose any information obtained under subsection (1) other than to the AML/CFT supervisor. Section 134(1)(b) amended 5 December 2013 section 10 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 135: Authority to act as delegate 1: The chief executive of the AML/CFT supervisor must issue a written authorisation to every person to whom a delegation is made under section 134 a: the name of the authorised person; and b: the function that he or she is authorised to perform; and c: the powers that he or she may exercise. 2: The delegate, when acting in the capacity of a delegate of the AML/CFT supervisor,— a: must carry on him or her— i: the written authorisation provided under subsection (1); and ii: evidence of his or her identity; and b: must produce the written authorisation and evidence referred to in paragraph (a), if requested to do so by a reporting entity that is subject to the delegated function or powers being performed or exercised by the delegate. 3: The delegate must return the written authorisation to the AML/CFT supervisor as soon as his or her delegation is revoked. 136: Effect of delegation 1: No delegation under section 134 a: affects or prevents the performance of any function or the exercise of any power by the AML/CFT supervisor; or b: affects the responsibility of the AML/CFT supervisor for the performance of its functions and the exercise of its powers. 2: Every person to whom a function or power is delegated under section 134 Use and disclosure of information 137: Power to use information obtained as AML/CFT supervisor in other capacity and vice versa 1: This section applies to information other than personal information. 2: The Reserve Bank may use any information obtained or held by it in the exercise of its powers or the performance of its functions and duties under the Reserve Bank of New Zealand Act 2021 Banking (Prudential Supervision) Act 1989 , the Insurance (Prudential Supervision) Act 2010 the Financial Market Infrastructures Act 2021 Non-bank Deposit Takers Act 2013 3: The Reserve Bank may use any information obtained or held by it in the exercise of its powers or the performance of its functions and duties under this Act as an AML/CFT supervisor for the purpose of exercising its powers or performing its functions and duties under the Reserve Bank of New Zealand Act 2021 Banking (Prudential Supervision) Act 1989 , the Insurance (Prudential Supervision) Act 2010 the Financial Market Infrastructures Act 2021 Non-bank Deposit Takers Act 2013 4: The Financial Markets Authority may use any information obtained or held by it in the exercise of its powers or the performance of its functions and duties under the Financial Markets Authority Act 2011 , the Financial Market Infrastructures Act 2021 and the Financial Markets Conduct Act 2013 5: The Financial Markets Authority may use any information obtained or held by it in the exercise of its powers or the performance of its functions and duties under this Act as an AML/CFT supervisor for the purpose of exercising its powers or performing its functions and duties under the Financial Markets Authority Act 2011 , the Financial Market Infrastructures Act 2021 and the Financial Markets Conduct Act 2013 6: The Department of Internal Affairs may use any information obtained or held by it in the exercise of its powers or the performance of its functions and duties under the Gambling Act 2003 , the Racing Industry Act 2020 Charities Act 2005 7: The Department of Internal Affairs may use any information obtained or held by it in the exercise of its powers or the performance of its functions and duties under this Act as an AML/CFT supervisor for the purpose of exercising its powers or performing its functions and duties under the Gambling Act 2003 , the Racing Industry Act 2020 Charities Act 2005 Section 137(2) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 137(2) amended 11 May 2021 section 162 Financial Market Infrastructures Act 2021 Section 137(2) amended 11 August 2017 section 49(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 137(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 137(3) amended 11 May 2021 section 162 Financial Market Infrastructures Act 2021 Section 137(3) amended 11 August 2017 section 49(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 137(4) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 137(4) amended 11 May 2021 section 162 Financial Market Infrastructures Act 2021 Section 137(4) amended 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019 Section 137(4) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 137(5) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 137(5) amended 11 May 2021 section 162 Financial Market Infrastructures Act 2021 Section 137(5) amended 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019 Section 137(5) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 137(6) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 137(6) amended 11 August 2017 section 49(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 137(7) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 137(7) amended 11 August 2017 section 49(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 138: Restriction on power to use information under section 137 An AML/CFT supervisor may only use information obtained under section 137 139: Power to disclose information 1: The Commissioner, the New Zealand Customs Service, or an AML/CFT supervisor may disclose any information (that is not personal information) supplied or obtained by it in the exercise of its powers or the performance of its functions and duties under this Act to any government agency or any regulator or regulator 2: If not authorised under any other provision of this Act, disclosure of any information between a government agency, a regulator, the Commissioner, the New Zealand Customs Service, an AML/CFT supervisor, or reporting entities, or to or from any of those parties, may be made for law enforcement purposes in accordance with regulations made under section 139A 3: Nothing in this section limits the Privacy Act 2020 Section 139 heading amended 11 August 2017 section 50(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 139(1) amended 11 August 2017 section 50(2)(a) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 139(1) amended 11 August 2017 section 50(2)(b) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 139(2) inserted 11 August 2017 section 50(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 139(3) inserted 11 August 2017 section 50(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 139(3) amended 1 December 2020 section 217 Privacy Act 2020 139A: Regulations relating to information sharing 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of section 139(2) a: specifying the type of information that may or may not be disclosed: b: prescribing the conditions under which the information may be disclosed and the conditions applying to the use of that information (for example, conditions relating to storage, copying, access, and the return of information). 2: Before recommending the making of regulations under this section, the Minister must consult— a: the agencies and regulators that may be affected by the proposed regulations; and b: the Privacy Commissioner; and c: any other person or body that the Minister considers may be affected by the proposed regulations. 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 139A inserted 11 August 2017 section 51 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 139A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 140: Power to use and disclose information supplied or obtained under other enactments for AML/CFT purposes 1: A government agency, an AML/CFT supervisor, or a regulator may disclose to another government agency or AML/CFT supervisor any information supplied or obtained under an enactment listed in subsection (2) if the disclosing entity has reasonable grounds to believe that the disclosure of that information is necessary or desirable for the purpose of ensuring compliance with this Act and regulations. 2: The enactments referred to in subsection (1) are— a: the Charities Act 2005 b: the Companies Act 1993 c: the Criminal Proceeds (Recovery) Act 2009 d: the Customs and Excise Act 2018 e: f: the Financial Markets Authority Act 2011 g: the Financial Markets Conduct Act 2013 h: Parts 1 to 7 ha: the Financial Service Providers (Registration and Dispute Resolution) Act 2008 i: the Financial Transactions Reporting Act 1996 j: the Gambling Act 2003 k: the Goods and Services Tax Act 1985 l: the Income Tax Act 2007 m: the Insurance (Prudential Supervision) Act 2010 n: the Lawyers and Conveyancers Act 2006 o: the New Zealand Institute of Chartered Accountants Act 1996 p: the Non-bank Deposit Takers Act 2013 pa: the Overseas Investment Act 2005 q: the Proceeds of Crime Act 1991 r: the Racing Industry Act 2020 s: the Real Estate Agents Act 2008 t: the Banking (Prudential Supervision) Act 1989 ta: the Russia Sanctions Act 2022 u: the Secondhand Dealers and Pawnbrokers Act 2004 v: the Tax Administration Act 1994 w: the Terrorism Suppression Act 2002 x: any other Act prescribed by regulations. Section 140(1) replaced 30 November 2022 section 13(1) Statutes Amendment Act 2022 Section 140(2) replaced 11 August 2017 section 52(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 140(2)(c) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 140(2)(c) amended 30 November 2022 section 13(2) Statutes Amendment Act 2022 Section 140(2)(d) amended 30 November 2022 section 13(3) Statutes Amendment Act 2022 Section 140(2)(e) repealed 15 March 2021 section 98 Financial Services Legislation Amendment Act 2019 Section 140(2)(h) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 140(2)(ha) inserted 24 October 2019 section 5 Statutes Amendment Act 2019 Section 140(2)(pa) inserted 16 June 2020 section 58 Overseas Investment (Urgent Measures) Amendment Act 2020 Section 140(2)(r) amended 1 August 2020 section 129 Racing Industry Act 2020 Section 140(2)(t) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 140(2)(ta) inserted 12 March 2022 section 33(3) Russia Sanctions Act 2022 141: Enforcement officers 1: For the purposes of this Act, an AML/CFT supervisor may appoint any employee as an enforcement officer, on a permanent or temporary basis, to exercise the powers conferred on the AML/CFT supervisor by this Act. 2: An AML/CFT supervisor must issue its enforcement officers with an identity card. 3: An enforcement officer must— a: carry his or her identity card at all times when acting as an enforcement officer under this Act or regulations; and b: return his or her identity card to the relevant AML/CFT supervisor immediately upon ceasing to be an enforcement officer. Financial intelligence functions of Commissioner 142: Financial intelligence functions of Commissioner The financial intelligence functions of the Commissioner are to— a: receive suspicious activity b: produce guidance material, including— i: typologies of money laundering and financing of terrorism transactions: ii: information for reporting entities on their obligations to report suspicious activities and prescribed transactions, and how to meet those obligations: c: provide feedback to reporting entities on the quality and timeliness of their suspicious activity d: enforce requirements to provide suspicious activity e: analyse suspicious activity f: access, directly or indirectly, on a timely basis the financial, administrative, and law enforcement information that the Commissioner requires to properly undertake his or her financial intelligence functions, including the analysis of suspicious activity and prescribed transaction reports g: refer to investigative branches of the New Zealand Police and to other law enforcement agencies any suspicious activity and prescribed transaction reports h: refer suspicious activity and prescribed transaction reports suspicious activity and prescribed transaction reports i: receive, analyse, and (if appropriate) refer to law enforcement agencies any cash reports: j: receive, analyse, and (if appropriate) refer to law enforcement agencies any suspicious property reports: ja: receive, analyse, and (if appropriate) refer to investigative branches of the New Zealand Police and to other law enforcement agencies, any prescribed transaction reports: k: produce risk assessments relating to money laundering offences and the financing of terrorism to be used by the Ministry, the Ministry of Justice, AML/CFT supervisors, and the New Zealand Customs Service: ka: receive and analyse financial intelligence relating to law enforcement purposes from international authorities authorised to perform functions broadly equivalent to the Commissioner’s financial intelligence functions: kb: co-operate with the Secretary of Foreign Affairs and Trade to implement and enforce the Russia Sanctions Act 2022 l: co-operate with the Ministry, the Ministry of Justice, AML/CFT supervisors, the New Zealand Customs Service, regulators, Section 142(a) amended 11 August 2017 section 53(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(b)(ii) replaced 11 August 2017 section 53(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(c) amended 11 August 2017 section 53(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(d) amended 11 August 2017 section 53(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(e) amended 11 August 2017 section 53(5) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(f) amended 11 August 2017 section 53(6) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(f) amended 1 July 2017 section 22(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 142(g) amended 11 August 2017 section 53(7) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(g) amended 1 July 2017 section 22(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 142(h) amended 11 August 2017 section 53(8) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(h) amended 1 July 2017 section 22(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 142(ja) inserted 1 July 2017 section 22(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 142(ka) inserted 11 August 2017 section 53(9) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 142(kb) inserted 12 March 2022 section 33(4) Russia Sanctions Act 2022 Section 142(l) amended 11 August 2017 section 53(10) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 143: Powers relating to financial intelligence functions of Commissioner 1: The Commissioner may— a: order production of or access to all records, documents, or information from any reporting entity that is relevant to analysing information received by the Commissioner b: share suspicious activity reports prescribed transaction reports, regulators and 2: Nothing in this section requires any person to disclose any privileged communication. Section 143(1)(a) amended 11 August 2017 section 54(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 143(1)(b) amended 11 August 2017 section 54(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 143(1)(b) amended 11 August 2017 section 54(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 143(1)(b) amended 1 July 2017 section 23(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 143(2) inserted 11 August 2017 section 54(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 144: Delegation of powers of Commissioner 1: The Commissioner may from time to time in writing, either generally or particularly, delegate to a constable of a level of position not less than inspector or an equally senior or more senior Police employee section 143(1)(a) 2: Where any constable or Police employee constable or Police employee constable or Police employee 3: A constable or Police employee a: is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and b: must produce evidence of his or her authority to do so, if reasonably requested to do so. 4: Every delegation under this section is revocable at will and does not prevent the exercise of any power by the Commissioner. Section 144(1) amended 11 August 2017 section 55 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 144(2) amended 30 November 2022 section 14 Statutes Amendment Act 2022 Section 144(3) amended 30 November 2022 section 14 Statutes Amendment Act 2022 145: Guidelines relating to reporting of suspicious activities 1: Subject to section 146 a: setting out any features of a transaction or other activity or other activity i: relevant to the investigation or prosecution of any person for a money laundering offence; or ii: relevant to the enforcement of the Misuse of Drugs Act 1975 iii: relevant to the enforcement of the Terrorism Suppression Act 2002 iv: relevant to the enforcement of the Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009 v: relevant to the investigation or prosecution of an offence section 243(1) b: setting out any circumstances in which a suspicious activity report relating to such an activity section 41(2) 2: Suspicious transaction or other activity 3: The Commissioner may issue an amendment or revocation of any suspicious transaction or other activity 4: Without limiting subsection (1), suspicious transaction or other activity or other activities 1996 No 9 s 24 Section 145 heading amended 11 August 2017 section 56(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(1)(a) amended 11 August 2017 section 56(2)(a) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(1)(a) amended 11 August 2017 section 56(2)(b) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(1)(a)(v) amended 1 July 2017 section 24 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 145(1)(b) amended 11 August 2017 section 56(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(2) amended 11 August 2017 section 56(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(3) amended 11 August 2017 section 56(5) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(4) amended 11 August 2017 section 56(6)(a) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 145(4) amended 11 August 2017 section 56(6)(b) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 146: Consultation on proposed guidelines 1: The Commissioner must, before issuing any suspicious transaction or other activity a: consult with, and invite representations from, the Privacy Commissioner under the Privacy Act 2020 b: give public notice of the Commissioner's intention to issue the guidelines, which notice must contain a statement— i: indicating the Commissioner's intention to issue the guidelines; and ii: inviting reporting entities that are likely to be affected by the proposed guidelines, and industry organisations that are representative of those reporting entities, to express to the Commissioner, within any reasonable period that is specified in the notice, their interest in being consulted in the course of the development of the guidelines; and c: consult with, and invite representations from, those reporting entities and industry organisations who express such an interest, and must have regard to any such representations. 2: Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising the proposal to issue any suspicious transaction or other activity 3: This section applies to any amendment or revocation of any suspicious transaction or other activity 1996 No 9 s 25 Section 146(1) amended 11 August 2017 section 57(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 146(1)(a) amended 1 December 2020 section 217 Privacy Act 2020 Section 146(2) amended 11 August 2017 section 57(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 146(3) amended 11 August 2017 section 57(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 147: Availability of guidelines On a request by any reporting entity in respect of which any suspicious transaction or other activity a: make those guidelines, and all amendments to those guidelines, available for inspection by that reporting entity or, as the case requires, that industry organisation at Police National Headquarters; and b: provide copies of those guidelines, and all amendments to those guidelines, to that reporting entity or, as the case requires, that industry organisation. 1996 No 9 s 26 Section 147 amended 11 August 2017 section 58 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 148: Review of guidelines 1: The Commissioner must review from time to time any suspicious transaction or other activity 2: Sections 145 146 or other activity 1996 No 9 s 27 Section 148(1) amended 11 August 2017 section 59(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 148(2) amended 11 August 2017 section 59(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Co-ordination 149: Role of Ministry The Ministry, in consultation with other agencies with AML/CFT roles and functions, is responsible for advising on the overall effectiveness and efficiency of the AML/CFT regulatory system, including— a: advising the Minister on outcomes and objectives for AML/CFT regulation and how best to achieve these (including links to other Government initiatives relevant to the purposes of this Act); and b: monitoring, evaluating, and advising the Minister on the performance of the AML/CFT regulatory system in achieving the Government’s outcomes and objectives for it; and c: advising the Minister on any changes necessary to the AML/CFT regulatory system to improve its effectiveness; and d: administering the relevant AML/CFT legislation. 150: AML/CFT co-ordination committee 1: The chief executive must establish an AML/CFT co-ordination committee consisting of— a: a representative from the Ministry; and b: a representative from the New Zealand Customs Service; and c: every AML/CFT supervisor; and d: a representative of the Commissioner; and e: such other persons as are invited from time to time by the chief executive in accordance with subsection (2). 2: Any person invited under subsection (1)(e) must be employed in a government agency. 3: The chair of the AML/CFT co-ordination committee is the chief executive. 151: Role of AML/CFT co-ordination committee The role of the AML/CFT co-ordination committee is to ensure that the necessary connections between the AML/CFT supervisors, the Commissioner, and other agencies are made in order to ensure the consistent, effective, and efficient operation of the AML/CFT regulatory system. 152: Functions The functions of the AML/CFT co-ordination committee are to— a: facilitate necessary information flows between the AML/CFT supervisors, the Commissioner, and other agencies involved in the operation of the AML/CFT regulatory system: b: facilitate the production and dissemination of information on the risks of money-laundering offences and the financing of terrorism in order to give advice and make decisions on AML/CFT requirements and the risk-based implementation of those requirements: c: facilitate co-operation amongst AML/CFT supervisors and consultation with other agencies in the development of AML/CFT policies and legislation: d: facilitate consistent and co-ordinated approaches to the development and dissemination of AML/CFT guidance materials and training initiatives by AML/CFT supervisors and the Commissioner: e: facilitate good practice and consistent approaches to AML/CFT supervision between the AML/CFT supervisors and the Commissioner: f: provide a forum for examining any operational or policy issues that have implications for the effectiveness or efficiency of the AML/CFT regulatory system. 2: Miscellaneous provisions Regulations 153: Regulations 1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: prescribing requirements (generic and sector-specific) for standard, simplified, enhanced, and ongoing customer due diligence and any other AML/CFT requirements, including, but not limited to, the following: i: information to be provided or obtained for the purposes of identification and verification: ii: the circumstances in which a particular type of customer due diligence must be conducted: iii: specifying entities or classes of entities, or products, services, or transactions for which a reporting entity may conduct simplified customer due diligence: iv: the conditions in which third parties may be relied on to conduct customer due diligence: v: the conditions on which a member of a designated business group may adopt an AML/CFT programme of another member of the group and share and use the policies, controls, and procedures of that programme: vi: the circumstances in which corporations are deemed to be affiliated: vii: the factors that a reporting entity must have regard to when assessing risk: b: prescribing instruments to be bearer-negotiable instruments for the purposes of this Act: c: prescribing the forms of, and the information to be included in, applications, warrants, reports, and other documents required under this Act: d: prescribing amounts or thresholds that are required to be prescribed for the purposes of this Act or regulations (and 1 or more amounts or thresholds may be prescribed for the purposes of different provisions of this Act or regulations): e: prescribing the information to be included in records and the manner in which records are to be kept by reporting entities, or any specified class or classes of reporting entities: f: prescribing other identifying information that allows a transaction to be traced back to the originator for the purposes of section 27(1) g: prescribing the manner in which any notice, report, or other document required by this Act is to be given or served: h: prescribing for the form of a formal warning and the manner in which it must be issued: i: specifying Acts for which disclosure of personal information may be made by an AML/CFT supervisor for the purposes of the detection, investigation, and prosecution of offences under the specified Act: j: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect. 2: Regulations under this section are secondary legislation ( see Part 3 1996 No 9 s 56 The following table is small in size and has 3 columns that are grouped under the 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 153(1)(d) replaced 11 August 2017 section 60 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 153(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 154: Regulations relating to application of Act 1: The Governor-General may, by Order in Council on the recommendation of the Minister, make regulations for the following purposes: a: exempting or providing for the exemption of any transaction, product, or service or class of transactions, products, or services from all or any of the provisions of this Act: ab: exempting or providing for the exemption of any financial activity or class of financial activities described in the definition of financial institution in section 5 ac: declaring an entity or a class of entities to be an approved entity or approved class of entities for the purposes of section 33(3A) b: excluding certain relationships or banking services from the application of section 29 c: exempting a reporting entity from its obligation to obtain some or all of the information set out in section 27(1) ca: exempting a reporting entity or a class of reporting entity from the obligation to report under section 48A d: exempting certain movements of cash from the application of subpart 6 e: prescribing threshold values for the purposes of sections 68 69 f: declaring an account or arrangement to be, or not to be, a facility and the circumstances and conditions in which an account or arrangement is to be, or not to be, a facility for the purposes of this Act: g: declaring a person or class of persons to be, or not to be, a reporting entity and the circumstances and conditions in which a person or class of persons is to be, or not to be, a reporting entity for the purposes of this Act: ga: declaring an activity or a class of activities to be, or not to be, an occasional activity and the circumstances and conditions in which an activity or a class of activities is to be, or not to be, an occasional activity for the purposes of the Act: h: declaring a transaction or class of transactions to be, or not to be, an occasional transaction and the circumstances and conditions in which a transaction or class of transactions is to be, or not to be, an occasional transaction for the purposes of this Act: ha: declaring an activity or a class of activities to be, or not to be, an occasional activity for the purposes of this Act: i: declaring a transfer or transaction or a class of transfers or transactions not to be a wire transfer and the circumstances and conditions in which a transfer or transaction or class of transfers or transactions is not a wire transfer for the purposes of this Act: j: declaring a person or class of persons to be, or not to be, a customer and the circumstances and conditions in which a person or class of persons is to be, or not to be, a customer for the purposes of this Act: k: declaring an entity or class of entities (whether domestic or overseas) to be eligible for inclusion in a l: declaring a person or class of persons to be, or not to be, a financial institution for the purposes of this Act. 2: The Minister must, before making any recommendation, have regard to— a: the purposes of this Act b: the risk of money laundering and the financing of terrorism; and c: the impact on the prevention, detection, investigation, and prosecution of offences; and d: the level of regulatory burden on a reporting entity; and e: whether the making of the regulation would create an unfair advantage for a reporting entity or would disadvantage other reporting entities; and f: the overall impact that making the regulation would have on the integrity of, and compliance with, the AML/CFT regulatory regime. 3: The Minister must also, before making any recommendation,— a: do everything reasonably possible on the Minister's part to advise all persons who in the Minister's opinion will be affected by any regulations made in accordance with the recommendation, or representatives of those persons, of the proposed terms of the recommendation and of the reasons for it; and b: give such persons or their representatives a reasonable opportunity to consider the recommendation and to make submissions on it to the Minister, and the Minister must consider those submissions; and c: d: make copies of the recommendation available for inspection by any person who so requests before any regulations are made in accordance with the recommendation. 4: Failure to comply with subsection (3) does not affect the validity of any regulations made under this section. 5: Regulations under this section are secondary legislation ( see Part 3 5: 2018-06-30 Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Amendment Regulations 2013 Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Amendment Regulations 2013 Any regulation made under section 154 expires on the day that is 5 years after the date on which regulation come into force. 2019-12-02 Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Amendment Regulations 2014 Any regulation made under section 154(5) expires on the day that is 5 years after the date on which regulation come into force. 2020-10-16 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Amendment Regulations 2015 Any regulation made under section 154 expires on the day that is 5 years after the date on which regulation come into force. 2022-11-01 Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Amendment Regulations 2016 Any regulation made under section 154 expires on the day that is 5 years after the date on which regulation come into force. The following table is small in size and has 3 columns that are grouped under the 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 154(1)(ab) inserted 11 August 2017 section 61(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 154(1)(ac) inserted 11 August 2017 section 61(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 154(1)(ca) inserted 1 July 2017 section 25 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 Section 154(1)(ga) inserted 11 August 2017 section 68 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 154(1)(ha) inserted 11 August 2017 section 61(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 154(1)(k) amended 12 December 2012 section 8 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2012 Section 154(2)(a) amended 11 August 2017 section 61(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 154(3)(c) repealed 11 August 2017 section 61(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 154(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 154(5) repealed 11 August 2017 section 61(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 155: Regulations relating to countermeasures 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for, or in relation to, prohibiting or regulating the entering into of transactions or business relationships between a reporting entity and any other person. 2: Regulations made for the purposes of subsection (1)— a: may be of general application; or b: may be limited by reference to any or all of the following: i: a specified transaction: ii: a specified party: iii: a specified overseas country. 3: The Governor-General may, by Order in Council, declare a country outside New Zealand to be a prescribed overseas country for the purposes of this section. 4: Any regulations made under subsection (1) expire on the day that is 5 years after the date on which regulations come into force. 5: The following are secondary legislation ( see Part 3 a: regulations under subsection (1): b: an order under subsection (3). Anti-Money Laundering and Counter-Terrorism Financing Act 2006 s 102 (Aust) The following table is small in size and has 3 columns that are grouped under the 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 155(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 156: Consultation not required for consolidation of certain regulations and minor amendments The Minister is not required to comply with section 154(3) a: revoke any regulations made under section 154 b: make minor amendments to regulations. 1996 No 9 s 56A Review provision Heading inserted 11 August 2017 section 62 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 156A: Review of operation of Act 1: The Minister of Justice must, not later than 1 July 2021, refer to the Ministry of Justice for consideration the following matters: a: the operation of the provisions of this Act since the commencement of this section; and b: whether any amendments to this Act are necessary or desirable. 2: The Ministry must report on those matters to the Minister of Justice within 1 year of the date on which the reference occurs. 3: The Minister of Justice must present a copy of the report provided under this section to the House of Representatives as soon as practicable after receiving it. Section 156A inserted 11 August 2017 section 62 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Ministerial exemptions 157: Minister may grant exemptions 1: The Minister may exempt either or both a: a reporting entity or class of reporting entities: b: a transaction or class of transactions. 1A: The Minister may grant an exemption— a: to an individual reporting entity on application by that entity in a manner and form approved by the chief executive (if any): b: to a class of reporting entities on the Minister’s own motion or on application by 1 or more reporting entities made in a manner or form approved by the chief executive (if any). 2: The Minister may grant the exemption— a: unconditionally; or b: subject to any conditions the Minister thinks fit. 3: Before deciding to grant an exemption and whether to attach any conditions to the exemption, the Minister must have regard to the following: a: b: the intent and purpose of this Act and any regulations: c: the risk of money laundering and the financing of terrorism associated with the reporting entity, including, where appropriate, the products and services offered by the reporting entity and the circumstances in which the products and services are provided: d: the impacts on prevention, detection, investigation, and prosecution of offences: e: the level of regulatory burden to which the reporting entity would be subjected in the absence of an exemption: f: whether the exemption would create an unfair advantage for the reporting entity or disadvantage third party reporting entities: g: the overall impact that the exemption would have on the integrity of, and compliance with, the AML/CFT regulatory regime. 4: An exemption under this section is secondary legislation ( see Part 3 5: 6: 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 that is of general application and applies to a class of reporting entities or transactions, but does not include an exemption granted in relation to a particular reporting entity or transaction. Legislation Act 2019 requirements for secondary legislation made under this section that is of general application and applies to a class of reporting entities or transactions, but does not include an exemption granted in relation to a particular reporting entity or transaction 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 all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • publish it on a website maintained by, or on behalf of, the chief executive • make it available in printed form for purchase on request by members of the public 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 157(1) amended 11 August 2017 section 63(1) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 157(1)(a) amended 11 August 2017 section 63(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 157(1A) inserted 11 August 2017 section 63(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 157(3)(a) repealed 11 August 2017 section 63(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 157(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 157(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 157(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 157(7) repealed 28 October 2021 regulation 83 Legislation Act (Amendments to Legislation) Regulations 2021 158: Minister must consult before granting exemption Before granting an exemption under section 157 a: the Ministers responsible for the AML/CFT supervisors; and b: any other persons the Minister considers appropriate having regard to those matters listed in section 157(3) 159: Requirements relating to exemptions 1: The exemption must include an explanation of the reason for granting the exemption. 2: The exemption— a: must be granted for a period specified by the Minister but that period must not be more than 5 years; and b: may, at any time, be varied or revoked by the Minister. 3: Section 159(3) repealed 5 August 2013 section 77(3) Legislation Act 2012 Resolution of disputes about privilege Heading inserted 11 August 2017 section 64 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 159A: Procedure for testing assertions that document privileged 1: If any person refuses to disclose any information or document on the grounds that it is a privileged communication and that section 132(4) 133(5) 143(3) 2: For the purposes of determining that application, the District Court Judge may require the information or document to be produced to the District Court Judge. Section 159A inserted 11 August 2017 section 64 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Transitional and savings provisions Heading repealed 11 August 2017 section 65 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 160: Transitional and savings provisions Section 160 repealed 11 August 2017 section 65 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Consequential amendments, repeals, and revocation 161: Amendments to other enactments 1: The enactment specified in Part 1 2009-10-17 Financial Transactions Reporting Act 1996 2: The enactments specified in Part 2 2009-10-17 Crimes Act 1961 Criminal Proceeds (Recovery) Act 2009 Customs and Excise Act 1996 Financial Transactions Reporting Act 1996 Misuse of Drugs Act 1975 Mutual Assistance in Criminal Matters Act 1992 Reserve Bank of New Zealand Act 1989 Terrorism Suppression Act 2002 3: The regulations specified in Part 3 2009-10-17 Financial Transactions Reporting (Interpretation) Regulations 1997 162: Amendment to Financial Transactions Reporting Act 1996 consequential on bringing into force of Part 2 OIC (SR 2011/221) 2013-06-30 Financial Transactions Reporting Act 1996 Brought into force immediately after rest of Act commenced by cl 2(2). Section 162 repealed 11 August 2017 section 66 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 163: Amendment to Financial Transactions Reporting Act 1996 relating to cross-border transportation of cash 2010-10-16 Financial Transactions Reporting Act 1996 Section 163 repealed 11 August 2017 section 66 Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017

DLM1440300

2009

Immigration Act 2009

1: Title This Act is the Immigration Act 2009. 2: Commencement 1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, except as provided in subsections (2) to (5) 2: Sections 30 31 60 100 104 111 120 149(1)(e) 278 283 to 291 312 400(l) 3: Section 477 4: Sections 475 476 478 5: Section 474 Immigration Act 2009 Amendment Act 2010 6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 29 November 2010 clause 2(2) Immigration Act 2009 Commencement Order 2010 Section 2(2) brought into force 20 December 2010 clause 2 Immigration Act 2009 Commencement Order (No 2) 2010 Section 2(2) brought into force 20 October 2011 clause 2 Immigration Act 2009 Commencement Order 2011 Section 2(2) brought into force 3 September 2012 Immigration Act 2009 Commencement Order 2012 Section 2(3) brought into force 2 August 2010 clause 2(1) Section 2(1) amended 9 April 2010 section 4(1) Immigration Act 2009 Amendment Act 2010 Section 2(5) added 9 April 2010 section 4(2) Immigration Act 2009 Amendment Act 2010 Section 2(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 3: Purpose 1: The purpose of this Act is to manage immigration in a way that balances the national interest, as determined by the Crown, and the rights of individuals. 2: To achieve this purpose, the Act establishes an immigration system that— a: requires persons who are not New Zealand citizens to— i: hold a visa to travel to New Zealand; and ii: hold a visa and be granted entry permission to stay in New Zealand; and b: provides for the development of immigration instructions (which set rules and criteria for the grant of visas and entry permission) to meet objectives determined by the Minister, which may include objectives such as— i: contributing to the New Zealand workforce through facilitating access to skills and labour; and ii: supporting families; and c: allows for the management of persons crossing the border by setting requirements that apply to— i: persons arriving, or intending to arrive, in New Zealand; and ii: persons departing, or intending to depart, from New Zealand; and d: provides a process for implementing specified immigration-related international obligations; and e: includes mechanisms to ensure that those who engage with the immigration system comply with its requirements, including mechanisms that— i: enable immigration officers to gather information in relation to visa holders, employers, and education providers to determine compliance with obligations in respect of the system; and ii: prescribe the system for the deportation of people who are not New Zealand citizens and who fail to comply with immigration requirements, commit criminal offences, or are considered to pose a threat or risk to security; and f: establishes a specialist tribunal to consider appeals against decisions made under this Act and to consider humanitarian appeals; and g: supports the settlement of migrants, refugees, and protected persons; and h: enables a levy to be charged to fund, or contribute to the funding of, costs associated with conservation or tourism. Section 3(2)(c) replaced 28 September 2017 section 266 Intelligence and Security Act 2017 Section 3(2)(h) inserted 1 July 2019 section 4 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 4: Interpretation In this Act, unless the context otherwise requires,— absolute discretion section 11 address for service section 387 administrative error section 8 airport section 2 appeal on humanitarian grounds section 207 appeal on the facts section 202 appeals body a: the Residence Review Board: b: the Removal Review Authority: c: the Refugee Status Appeals Authority: d: the Deportation Review Tribunal approved system a: providing information to the chief executive under section 96 b: giving notice under section 97(2) c: giving notice under section 97A(3) arrival hall section 59 biometric information a: 1 or more of the following kinds of personal information: i: a photograph of all or any part of the person’s head and shoulders: ii: impressions of the person’s fingerprints: iii: a scan of the person’s irises; and b: a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching border requirement sections 103 to 106 119 120 carrier a: means the owner or charterer of the craft; and b: if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and c: if there is no agent in New Zealand, includes the person in charge of the craft certificate of identity a: means a document (other than a passport) issued by the government of any country to any person for the purposes of facilitating that person’s entry into or exit from any country, being a document that— i: purports to establish the identity but not the nationality of that person; and ii: confers on that person a right to enter the country whose government has issued the document; and b: includes— i: any emergency travel document or refugee travel document issued under the Passports Act 1992 ii: any travel document issued by any international organisation for the time being specified by the Minister for the purpose of this definition chief executive a: the chief executive of the Department: b: when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Chief of Defence Force, and the General Manager of the Aviation Security Service) claim a: a refugee in New Zealand under the Refugee Convention: b: a protected person in New Zealand under the Convention Against Torture: c: a protected person in New Zealand under the Covenant on Civil and Political Rights claimant a: means a person who has made a claim; but b: does not include a person whose claim has been finally determined (within the meaning of section 128 classified information section 7(1) commercial craft compulsion order section 290(1) compulsory education a: provided at any primary school, intermediate school, composite school, secondary school, or specialist school (within the meaning of the Education and Training Act 2020 section 10(1) b: provided to a person at any time during the period beginning on the person’s fifth birthday and ending on 1 January following the person’s 19th birthday conditions conservation has the meaning given to it in section 2(1) contact address section 387A Convention Against Torture counsel assisting the court section 269 course of study a: means— i: any course of tuition or instruction for people entitled to free enrolment and education under section 33 section 10(1) ii: any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and iii: in relation to any particular person, any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand; but b: does not include any course of tuition or instruction excluded, or excluded for a particular purpose, from this definition by immigration instructions Covenant on Civil and Political Rights craft crew a: means every person employed or engaged in working or providing a service in or on the craft; and b: includes the person in charge of the craft customs officer section 5(1) Department departure hall section 59 dependent child deportation liability notice section 171 , and, for the purposes of serving a notice, includes a copy of the notice deportation order a: an order that contains the information described in section 176 section 175 b: an Order in Council made under section 163 c: a copy of the order specified in paragraph (a) or (b) designated agency section 264(1) disembarkation education provider a: in relation to any institution controlled by a board constituted under subpart 5 b: in relation to any institution controlled by the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Education and Training Act 2020 c: in relation to any university, means the appropriate university council: d: in any other case, means the institution, body, or person that or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or that or who would be so entitled if any such fees were payable employee employer entry permission a: a person who is not a New Zealand citizen: b: a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen epidemic management notice section 8(1) excluded person section 15 16 exclusive economic zone of New Zealand section 9 execute section 178(2) former Act Immigration Act 1987 government agency a: means— i: a public service agency as defined in section 5 ii: a Crown entity (within the meaning of section 7(1) b: includes the New Zealand Police grant holder a: means the person in respect of whom the visa is granted; but b: does not include a person whose visa has expired or been cancelled immigration control area section 382 immigration instructions a: means immigration instructions certified under section 22 b: includes residence instructions, temporary entry instructions, and transit instructions immigration officer section 388 immigration status a: holds a visa and, if so, what class and type of visa the person holds, and any conditions of the visa; or b: is— i: lawfully in New Zealand and, if so, what class and type of visa the person holds, and any conditions of the visa; or ii: unlawfully in New Zealand (within the meaning of section 9 imprisonment infringement fee section 400 infringement offence section 359 international visitor conservation and tourism levy means a levy imposed by regulations under section 400 section 399A invitation to apply section 94 leave New Zealand section 121 mass arrival group section 9A Minister , in relation to a provision of, or made under, this Act (or to such a provision for particular purposes), of the provision (or for its administration for those purposes) New Zealand a: the internal waters of New Zealand (as defined in section 4 b: the Ross Dependency (including any ice shelf); and c: for the purposes of sections 21(a) 22(1)(c)(ii) 73(d) 74(1)(b)(ii) 77(4)(a) 277 277A 382(1) d: for the purposes of section 283(2)(a) section 4 New Zealand citizen Citizenship Act 1977 Citizenship (Western Samoa) Act 1982 onshore operator a: in relation to a port, means— i: the owner of the port; or ii: if the owner is not responsible for the operation or management of the port, the manager of the port or any other person who is, for the time being, responsible for the operation or management of the port: b: in relation to an airport,— i: means a local authority for the time being authorised under section 3 ii: includes any person or association of persons or airport company authorised under section 3(3) passenger passport a: purports to establish the identity and nationality of the holder; and b: confers on the holder the right to enter the country the government of which has issued the document; and c: has not expired permanent resident person in charge personal service port a: means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and b: includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration prescribed proceedings involving classified information section 7(4) protected person section 130 131 refugee section 126 129 refugee and protection officer section 390 Refugee Convention a: means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951; and b: includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 registered post relevant agency a: Aviation Security Service: b: Civil Aviation Authority of New Zealand: c: Department of Corrections: d: Department of Internal Affairs: e: Department of Labour: f: Government Communications Security Bureau: g: Maritime New Zealand: h: Ministry of Agriculture and Forestry: i: Ministry of Fisheries: j: Ministry of Foreign Affairs and Trade: k: New Zealand Customs Service: l: New Zealand Defence Force: m: New Zealand Police: n: New Zealand Security Intelligence Service: o: a government agency established in substitution for or set up to take over any function of a department or agency listed in paragraphs (a) to (n) residence class visa residence instructions section 22 resident responsible adult section 375 restricted temporary entry instructions review proceedings a: by way of an application for review under the Judicial Review Procedure Act 2016 b: by way of an application for certiorari, mandamus, or prohibition; or c: by way of an application for a declaratory judgment scheduled international service a: performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and b: operated in such a manner that each flight or voyage is open to use by members of the public security a: means— i: the defence of New Zealand: ii: the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed in New Zealand: iii: the identification of foreign capabilities, intentions, or activities in or relating to New Zealand that affect adversely New Zealand’s international well-being, reputation, or economic well-being: iv: the protection of New Zealand from activities in or relating to New Zealand that— A: are influenced by any foreign organisation or any foreign person; and B: are clandestine or deceptive, or threaten the safety of any person; and C: affect adversely New Zealand’s international well-being, reputation, or economic well-being: v: the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act: vi: the prevention, investigation, and detection of organised crime, including transnational organised crime; and b: in an international security context, also includes the safety and stability of the international community, through co-operative measures such as international conventions and other arrangements or agreements between countries special adviser section 270 special advocate section 264 special direction section 378 stowaway study subsequent claim Part 5 Part 6A section 128 section 129B temporary entry class visa temporary entry instructions a: means immigration instructions that relate to the grant of temporary entry class visas; and b: includes restricted temporary entry instructions territorial sea of New Zealand section 3 transit instructions transit passenger transit period section 401(d) section 86A travelling to New Zealand Tribunal section 217 turnaround section 178(2) section 115 unlawfully in New Zealand section 9 visa a: means an entry in the records of the Department— i: made in accordance with section 62 ii: having the effect set out in section 43 b: includes— i: any visa of a class specified in section 70 ii: any visa deemed to be, or treated as being, held under this Act visa waiver section 69 warrant of commitment a: means a warrant of commitment issued under section 317 318 323 b: includes— i: a mass arrival warrant issued under section 317B ii: a further warrant of commitment issued under section 317E(1)(a) work a: means any activity undertaken for gain or reward; but b: does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions. Section 4 address for service inserted 7 May 2015 section 4(8) Immigration Amendment Act 2015 Section 4 approved system replaced 28 September 2017 section 267(1) Intelligence and Security Act 2017 Section 4 arrival hall amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 biometric information replaced 22 August 2017 section 30 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 4 chief executive replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 4 compulsory education replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 conservation inserted 1 July 2019 section 5(1) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 contact address inserted 7 May 2015 section 4(8) Immigration Amendment Act 2015 Section 4 course of study replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 departure hall amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 deportation liability notice amended 7 May 2015 section 4(2) Immigration Amendment Act 2015 Section 4 deportation order replaced 24 October 2019 section 65 Statutes Amendment Act 2019 Section 4 education provider replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 education provider replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 government agency replaced 7 August 2020 section 135 Public Service Act 2020 Section 4 government agency replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 4 international visitor conservation and tourism levy inserted 1 July 2019 section 5(1) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 mass arrival group inserted 19 June 2013 section 4(1) Immigration Amendment Act 2013 Section 4 Minister amended 1 July 2019 section 5(2)(a) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 Minister amended 1 July 2019 section 5(2)(b) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 New Zealand amended 7 May 2015 section 4(4) Immigration Amendment Act 2015 Section 4 New Zealand address repealed 7 May 2015 section 4(7) Immigration Amendment Act 2015 Section 4 review proceedings amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 4 scheduled international service inserted 28 September 2017 section 267(2) Intelligence and Security Act 2017 Section 4 transit passenger inserted 6 November 2015 section 4(5) Immigration Amendment Act 2015 Section 4 transit period replaced 6 November 2015 section 4(6) Immigration Amendment Act 2015 Section 4 warrant of commitment replaced 19 June 2013 section 4(2) Immigration Amendment Act 2013 5: Notifications 1: Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to the Minister, it must be served or supplied in accordance with section 386(1) 2: Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to an immigration officer or a refugee and protection officer, it must be served or supplied in accordance with section 386(2) 3: Where this Act or any regulations under this Act provide that any notice or other document must be served on a person other than the Minister or a person referred to in subsection (2), the notice or other document must be served in accordance with section 386A(2) 4: Where this Act or any regulations under this Act provide that any notice or other document must be supplied, notified, or in any other way given to a person other than the Minister or a person referred to in subsection (2), the notice or other document must be given or sent to the person in accordance with section 386A(3) 5: Subsections (1) to (4) are subject to sections 386(8) 387B Section 5(3) replaced 7 May 2015 section 5 Immigration Amendment Act 2015 Section 5(4) replaced 7 May 2015 section 5 Immigration Amendment Act 2015 Section 5(5) inserted 7 May 2015 section 5 Immigration Amendment Act 2015 6: How periods of time to be calculated 1: A period of time prescribed in this Act for the making of an application under the Act must be calculated excluding any day that is— a: a public holiday or a Department holiday determined by the chief executive; and b: not a Saturday or Sunday. 2: A period of time prescribed in this Act for the lodging of an appeal to the Tribunal must be calculated excluding— a: any day that is— i: a public holiday or a Department holiday determined by the chief executive; and ii: not a Saturday or Sunday; or b: if the Department is not the department referred to in clause 5 i: any day in the period beginning on 25 December in a year and ending on 2 January in the following year; and ii: if 1 January falls on a Friday, the following Monday; and iii: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and iv: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday. 3: Subsections (1) and (2) do not apply for the purposes of calculating working days under section 194(2) 195(3) Section 6(2)(b)(iii) replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 6(2)(b)(iv) inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 7: Meaning of classified information and proceedings involving classified information 1: In this Act, classified information a: the information is information of a kind specified in subsection (2); and b: disclosure of the information would be disclosure of a kind specified in subsection (3). 2: Information falls within subsection (1)(a) if it— a: might lead to the identification, or provide details, of the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the relevant agency; or b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the relevant agency; or c: has been provided to the relevant agency by the government of another country, an agency of a government of another country, or an international organisation, and is information that cannot be disclosed by the relevant agency because the government, agency, or organisation from which the information has been provided will not consent to the disclosure. 3: Disclosure of information falls within subsection (1)(b) if the disclosure would be likely— a: to prejudice the security or defence of New Zealand or the international relations of New Zealand; or b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country, an agency of a government of another country, or an international organisation; or c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or d: to endanger the safety of any person. 4: In this Act, proceedings involving classified information a: was relied on in making the decision appealed against or subject to review proceedings (including a decision of the Tribunal); or b: is first raised or proposed to be raised in the course of an application to the Tribunal or on appeal or in review proceedings; or c: is raised in an application under Part 9 5: A chief executive of a relevant agency must not delegate to any person the ability to certify information as classified information under subsection (1). 6: Subsection (5) does not limit clause 9 Section 7(6) amended 7 August 2020 section 135 Public Service Act 2020 8: Meaning of granting visa or entry permission as result of administrative error 1: In this Act, a visa is granted as a result of an administrative error if— a: it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b) b: it is granted to an excluded person (unless section 17 c: the person granting it intended to grant a visa of a type other than the one that was actually granted; or d: it is granted for a period exceeding the period specified in regulations or e: it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or f: it is granted in contravention of— i: a special direction; or ii: immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or iii: an instruction of a kind referred to in section 378(7) 2: In this Act, entry permission is granted as a result of an administrative error if— a: it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b) b: it is granted to an excluded person (unless section 17 c: it is granted in contravention of— i: a special direction; or ii: immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or d: it is granted on the basis of, or in conjunction with,— i: a visa that was itself granted on the basis of an administrative error; or ii: a visa that was granted for a period exceeding the period specified in immigration instructions for a visa of that type (unless the Minister or an immigration officer deliberately and properly granted the visa as an exception to the immigration instructions); or iii: a visa of a class or type other than that intended to be granted. 1987 No 74 ss 19(4) 32(4) Section 8(1)(d) amended 7 May 2015 section 6 Immigration Amendment Act 2015 9: Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen) 1: In this Act, a person who is not a New Zealand citizen is unlawfully in New Zealand a: is not the holder of a visa granted under this Act; or b: has not been granted entry permission under this Act. 2: A person's status as being unlawfully in New Zealand is calculated— a: as starting on the date the person arrived in New Zealand, if the person has never been lawfully in New Zealand since his or her arrival; or b: as starting on the day after the date on which the person's visa expired or was cancelled without another visa being granted; or ba: as starting on the day after the date on which a permit granted to the person under the former Act expired or was revoked without another permit being granted under that Act; or c: in accordance with sections 373 374 i: the person was born in New Zealand on or after 1 January 2006; and ii: he or she is not a New Zealand citizen. Section 9(2)(ba) inserted 7 May 2015 section 7 Immigration Amendment Act 2015 9A: Meaning of mass arrival group 1: In this Act, mass arrival group section 115(1) a: on board the same craft; or b: on board the same group of craft at the same time; or c: on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. 2: In subsection (1), craft Section 9A inserted 19 June 2013 section 5 Immigration Amendment Act 2013 Section 9A(2) amended 28 September 2017 section 268 Intelligence and Security Act 2017 10: Meaning of deported 1: For the purposes of this Act, a person is deported from a country if the person leaves the country (whether or not at the expense of the government of the country) and an order for the person's departure made by the government of the country, an authorised official of the country, or a judicial authority in the country, is in force. 2: For the purposes of this Act, a person is not deported from a country merely because the person is surrendered to another country in accordance with a request for the extradition of the person to that country. 3: For the purposes of this Act, a person is deported from New Zealand if— a: the person leaves New Zealand (whether or not at the expense of the Government of New Zealand)— i: on or after the date on which a deportation order may be served on the person under section 175A ii: after a deportation order has been served on the person; or iii: while he or she is subject to a prohibition on entry to New Zealand under section 179 180 b: the person is served with a deportation order when he or she is outside New Zealand; or c: the person was deported from New Zealand under the former Act. Section 10(3)(a)(i) amended 7 May 2015 section 8 Immigration Amendment Act 2015 11: Meaning of absolute discretion of the decision maker 1: If a provision of this Act provides that a matter or decision is in the absolute discretion a: the matter or decision may not be applied for; and b: if a person purports to apply for the matter or decision, there is no obligation on the decision maker to— i: consider the purported application; or ii: inquire into the circumstances of the person or any other person; or iii: make any further inquiries in respect of any information provided by, or in respect of, the person or any other person; and c: whether the purported application is considered or not,— i: the decision maker is not obliged to give reasons for any decision relating to the purported application, other than the reason that this section applies; and ia: privacy principle 6 (which relates to access to personal information and is set out in section 22 ii: section 27 section 23 2: Subsection (1)(c)(ia) applies to any decision made in relation to a purported application, whether the decision was made before or after the commencement of that subsection. 1987 No 74 ss 7(4) 12(4) 17(2) 25(3) 34B(3) 35A(2) 58(5) 130(6) Section 11(1)(c)(ia) inserted 7 May 2015 section 9(1) Immigration Amendment Act 2015 Section 11(1)(c)(ia) amended 1 December 2020 section 217 Privacy Act 2020 Section 11(2) inserted 7 May 2015 section 9(2) Immigration Amendment Act 2015 11A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 11A inserted 16 May 2020 section 4 Immigration (COVID-19 Response) Amendment Act 2020 12: Act binds the Crown This Act binds the Crown. 2: Core provisions and matters in relation to decision making Eligibility to be in or enter New Zealand 13: New Zealand citizens may enter and be in New Zealand at any time 1: For the purposes of this Act, every New Zealand citizen has, by virtue of his or her citizenship, the right to enter and be in New Zealand at any time. 2: However, to establish his or her right to enter New Zealand, a New Zealand citizen must prove his or her citizenship and establish his or her identity by complying with border requirements. 3: Nothing in this Act (other than subsection (2)) abrogates the right declared in subsection (1), and— a: no provision of this Act that is inconsistent with that right applies to a New Zealand citizen; and b: no New Zealand citizen is liable under this Act to deportation from New Zealand in any circumstances. 4: Without limiting subsection (3), no New Zealand citizen— a: requires a visa or entry permission; or b: may hold a visa, or be granted entry permission, except a New Zealand citizen who— i: is a national of 1 or more other countries; and ii: wishes to enter New Zealand other than as a New Zealand citizen; and iii: has not been granted New Zealand citizenship, been registered as a New Zealand citizen by descent under section 7(2) section 21 1987 No 74 s 3 14: Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand 1: A person who is not a New Zealand citizen may— a: travel to New Zealand only if the person— i: is the holder of a visa granted under this Act and the travel is consistent with the conditions of the visa; or ii: is a person to whom a visa waiver applies (whether authorised by regulation or special direction); and b: enter and be in New Zealand only if the person is the holder of a visa granted under this Act and he or she has been granted entry permission. 2: To avoid doubt, the fact that an application for a visa has been made by or for any person who is onshore does not— a: render the person’s presence in New Zealand lawful; or b: give the person a right to remain in New Zealand while the application is considered; or c: give the person a right to apply for or be granted any other visa pending determination of the application; or d: inhibit any deportation procedures under this Act that may apply to the person. 3: This Act applies subject to— a: sections 90 to 96 b: sections 150 to 155 1987 No 74 s 4 Excluded persons 15: Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand 1: No visa or entry permission may be granted, and no visa waiver may apply, to any person— a: who, at any time (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or b: who, at any time in the preceding 10 years (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or c: who is subject to a period of prohibition on entry to New Zealand under section 179 or 180 d: who at any time (whether before or after the commencement of this section) has been removed or deported from New Zealand under any enactment; or e: who is excluded from New Zealand under any enactment; or f: who has, at any time, been removed, excluded, or deported from another country. 2: Paragraphs (a) and (b) of subsection (1) apply— a: whether the sentence is of immediate effect or is deferred or is suspended in whole or in part: b: where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences: c: where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence. 3: Subsection (1)(d) does not apply to a person who— a: has been deported from New Zealand under section 158 of the Shipping and Seamen Act 1952 b: was subject to a removal order under section 54 c: was deported under this Act but is not, or is no longer, subject to a period of prohibition on entry under section 179 180 d: has been deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act. 4: This section is subject to section 17 1987 No 74 s 7(1)(a)–(d), (2) Section 15(3)(c) replaced 7 May 2015 section 10 Immigration Amendment Act 2015 16: Certain other persons not eligible for visa or entry permission 1: No visa or entry permission may be granted, and no visa waiver may apply, to any person who— a: the Minister has reason to believe— i: is likely to commit an offence in New Zealand that is punishable by imprisonment; or ii: is, or is likely to be, a threat or risk to security; or iii: is, or is likely to be, a threat or risk to public order; or iv: is, or is likely to be, a threat or risk to the public interest; or b: is a member of a terrorist entity designated under the Terrorism Suppression Act 2002 2: This section is subject to section 17 1987 No 74 s 7(1)(e)–(i) 17: Exceptions to non-eligibility for visa or entry permission 1: Despite sections 15 16 a: in accordance with a special direction; or b: in accordance with section 83 2: Despite sections 15 16 a: entry permission must be granted to— i: the holder of a permanent resident visa; and ii: the holder of a resident visa granted in New Zealand; and iii: the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa: b: a visa and entry permission must be granted to a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 section 10D(2)(d) Consular Privileges and Immunities Act 1971 3: A decision to grant a visa and entry permission under subsection (1) is in the absolute discretion of the decision maker. 1987 No 74 ss 7(3), (4) 11(1)(a) Persons unlawfully in New Zealand 18: Obligation of persons unlawfully in New Zealand to leave New Zealand 1: A person who is unlawfully in New Zealand has an obligation to leave New Zealand. 2: The obligation under subsection (1) arises whether or not the person is aware of the obligation, or of the implications of not meeting it, and— a: that obligation, and any liability of the person to deportation or other action under this Act, is not affected by any failure or alleged failure of the chief executive to communicate the obligation and related implications under section 19 b: nothing in paragraph (a) prevents any action from being brought in respect of such a failure or alleged failure in proceedings that are not directed towards preventing the deportation of any person. 1987 No 74 s 45 19: Duty of chief executive to communicate obligation to leave New Zealand 1: The chief executive must communicate to persons who are seeking visas to come to New Zealand or visas to be in New Zealand— a: the obligation to leave New Zealand created by section 18 b: that a person who fails to meet that obligation is liable for deportation. 2: Without limiting the means by which the chief executive may communicate those matters, he or she must provide the relevant information required by subsection (1)— a: at offices where visas are granted, by way of notices that can be readily seen by persons to whom it is likely to be of relevance: b: on application forms for visas: c: in immigration control areas, by way of notices that can be readily seen by all arriving temporary d: on informational material provided by the Department to persons who are interested in coming to New Zealand. 3: The chief executive may communicate the information in 1 or more languages as he or she thinks fit. 4: Any temporary entry class visa granted to any person that is evidenced by an endorsement in the holder’s passport or certificate of identity must contain words to the effect that the person must leave New Zealand before expiry of the visa, or face deportation. 1987 No 74 s 46 Section 19(2)(c) amended 7 May 2015 section 11 Immigration Amendment Act 2015 20: No right for person unlawfully in New Zealand to apply for visa No person who is unlawfully in New Zealand may apply for a visa and, where any such person purports to apply for a visa, it is a matter for the absolute discretion of the Minister. 1987 No 74 ss 17(2) 25(3) 21: No right for person unlawfully in New Zealand to work or study A person who is unlawfully in New Zealand may not— a: work in New Zealand or in the exclusive economic zone of New Zealand; or b: study in New Zealand, except in compulsory education (but subject to the Education and Training Act 2020 Section 21(b) amended 1 August 2020 section 668 Education and Training Act 2020 Immigration instructions 22: Immigration instructions 1: The Minister may certify immigration instructions relating to— a: residence class visas, temporary entry class visas, and transit visas: b: entry permission: c: conditions relating to resident visas, temporary entry class visas, and transit visas, including, without limitation, conditions relating to— i: travel to New Zealand: ii: the holder’s ability to work or study in New Zealand or in the exclusive economic zone of New Zealand: d: the periods for which each type of temporary entry class visa may be granted: e: the types of temporary visas that may be granted, and the name and description of each type. 2: Immigration instructions take effect from— a: the date they are certified; or b: a date specified in the instructions as being the date on which they come into effect, which must not be earlier than the date they are certified. 3: Applications for temporary entry class visas or transit visas that are made before any relevant immigration instructions take effect may be determined in accordance with those immigration instructions when those instructions take effect. 4: Subsection (3) does not apply to applications for temporary entry class visas subject to restricted temporary entry instructions. 5: The kinds of matters that may constitute immigration instructions for the purposes of this Act are as follows: a: any general or specific objectives of immigration policy: b: any rules or criteria for determining the eligibility of a person for the grant of a visa of any class or type, or for entry permission, being rules or criteria relating to the circumstances of that person or of any other person (a third party c: any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person’s eligibility for a visa or entry permission: d: any statement of, or rules or criteria or process for determining, the number or categories or ranking of persons or classes of persons whose applications for visas of any class or type or entry permission may be granted at any particular time or over any particular period: e: any rules or criteria for the lapsing of applications in respect of which no decision to grant a visa has been made: f: any matters relevant to balancing individual eligibility for a visa or entry permission against the overall objectives or requirements of immigration instructions: g: any requirements relating to documentation, consultation, or other evidence or information required to assess a person’s eligibility for a visa or entry permission: h: any statement of the conditions or types of conditions that may be imposed upon a visa of any particular class or type, and the circumstances in which or classes of persons in relation to whom the conditions may be imposed: i: the nature and extent of the discretion that immigration officers may exercise in making a decision on any visa. 6: Without limiting subsection (5), any rules or criteria relating to eligibility for a visa or entry permission— a: may include matters relating to— i: health: ii: character: iii: the immigration status of applicants for visas (whether currently or at any time in the past): iv: sponsorship: v: the provision of bonds: b: may, in respect of any 1 or more specified classes or categories of person who wish to apply for a visa,— i: include a requirement that persons of that class or category may apply for a visa only if invited to do so by the Minister or an immigration officer: ii: stipulate any period for which an expression of interest under section 92 iii: set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (5)(a) to (g) that will or may apply for the purpose of determining whether an invitation to apply for a visa should be granted to any such person: iv: stipulate any time frame, or any method for determining the time frame, within which the relevant application must be made following the issue of an invitation to apply for a visa. 7: Any conditions referred to in subsection (5)(h) that relate to resident visas (other than conditions relating to travel) must specify the maximum period, not exceeding 5 years, for which they may be imposed. 8: Immigration instructions certified by the Minister under subsection (1) are statements of Government policy. 1987 No 74 s 13B Section 22(5)(b) amended 7 May 2015 section 12 Immigration Amendment Act 2015 Section 22(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 23: Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions 1: The Minister must classify immigration instructions as— a: residence instructions; or b: temporary entry instructions (and, if appropriate, as restricted temporary entry instructions); or c: transit instructions. 2: To avoid doubt, any temporary entry instructions are not residence instructions, regardless of whether the granting of a visa or entry permission under those instructions may affect eligibility for, or otherwise relate to, the grant of a residence class visa. 24: Immigration instructions for lapsing of applications for visas 1: The Minister may certify in accordance with section 22 a: within any stipulated period or by any stipulated date; or b: by the date on which any relevant quota or limit set under immigration instructions for any particular period is reached; or c: by any other date on which some other specified event occurs or, as the case may be, has not occurred. 2: Rules and criteria set under this section— a: may differ for different classes or categories of applications: b: may specify any stage of processing of an application that must be reached within any stipulated period or by any stipulated date if the application is not to lapse. 3: The question whether an application meets any rules or criteria for lapsing set under this section is a matter for the discretion of the Minister or an immigration officer, and— a: no appeal lies against the decision of the Minister or the officer concerned, or the lapsing of the application, whether to the Minister, the Tribunal, a court, or otherwise; and b: no review proceedings may be brought in any court in respect of— i: the lapsing of an application for a visa under rules or criteria set under this section; or ii: the lapsing of an expression of interest in obtaining an invitation to apply for a visa. 4: Any decision that an application for a residence class visa, or a temporary entry class visa of a type subject to restricted temporary entry instructions, will lapse must be made in accordance with the rules and criteria applicable at the time the application was made. 5: If an application lapses, no further processing or decision in respect of that application is required. 6: If an application lapses in accordance with rules and criteria set under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it. 7: Nothing in this Act or in any other law or enactment entitles a person whose application has lapsed to recover from the Minister or the Department or any immigration officer any costs associated with the application, or any costs, damages, or compensation associated with the lapsing of the application, other than the application fee refundable under subsection (6). 8: In this section (except subsections (6) and (7)), application section 92 1987 no 74 s 13BB 25: Publication of immigration instructions 1: The chief executive must publish immigration instructions. 2: The chief executive must ensure that copies of immigration instructions are available or readily obtainable for inspection, free of charge, at— a: offices of the Department; and b: New Zealand government offices overseas that deal with immigration matters. 3: Nothing in subsection (2) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982 1987 No 74 s 13A Processing claims and applications for visas and entry permission 26: How claims and applications for visas and entry permission processed 1: The order and manner of processing any application for a visa or entry permission is a matter for the discretion of the Minister or an immigration officer. 2: Subsection (1) applies unless immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas require otherwise. 3: The order and manner of processing any claim is a matter for the discretion of a refugee and protection officer. 3A: Subsection (3) applies unless regulations made under section 400 4: However, the chief executive may give general instructions to immigration officers and refugee and protection officers on the order and manner of processing any application or claim, or specified classes of application or claim, and, if so, an immigration officer or a refugee and protection officer must process an application or claim in accordance with those instructions. 5: In giving any instructions, the chief executive may have regard to such matters as the chief executive thinks fit. 6: General instructions may apply to any or all applications or claims regardless of the fact that— a: the general instructions may be different from those existing at the time that the applications or claims were made; or b: the general instructions may result in applications or claims being processed in a different order or manner than would otherwise have occurred. 7: The question whether an application or claim is processed in an order and manner consistent with any general instructions is a matter for the discretion of the immigration officer or refugee and protection officer concerned, and— a: no appeal lies against his or her decision, whether to the Minister, the Tribunal, a court, or otherwise; and b: no review proceedings may be brought in any court in respect of— i: any general instructions; or ii: the application of any general instructions; or iii: any failure by the Minister or an immigration officer to process, or to continue to process, an application; or iv: any decision by the Minister or an immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application. 8: The chief executive may make arrangements for providing assistance to the Minister, immigration officers, and refugee and protection officers in processing applications and claims. 9: To avoid doubt, general instructions given under this section— a: are matters of rules and practice of the Department; and b: are not immigration instructions. 10: To avoid doubt, nothing in this Act, or in any other law or enactment, requires an immigration officer or a refugee and protection officer to process an application or claim in any particular order or manner unless required to do so by— a: general instructions given under this section; or b: immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas ; or c: regulations made under section 400 1987 No 74 s 13BA Section 26(3A) inserted 19 June 2013 section 6(1) Immigration Amendment Act 2013 Section 26(10)(b) amended 19 June 2013 section 6(2) Immigration Amendment Act 2013 Section 26(10)(c) inserted 19 June 2013 section 6(3) Immigration Amendment Act 2013 Reasons for decisions 27: Reasons for decisions must be given if visa or entry permission refused to certain persons 1: Except as otherwise provided in this Act, where a person who applied for a visa or entry permission onshore or in an immigration control area so requests, an immigration officer (or, where the decision is the Minister’s, the Minister) must give the reasons for any decision to— a: refuse to grant a visa to the person; or b: refuse to grant to the person a visa of a particular type; or c: refuse to grant entry permission to the person. 2: The reasons must— a: be given in writing; and b: contain the information required under section 23 3: Subsection (1) is subject to section 40(3)(e) and (f) 1987 No 74 s 36 Automated decision making and biometric information 28: Automated decision making in relation to visas, etc 1: An automated electronic system that applies criteria predetermined in accordance with immigration instructions may be used by the Department to— a: rank an expression of interest: b: process, grant, or refuse to grant an invitation to apply for a visa: c: process an application for, grant (with or without conditions), or refuse to grant a visa: d: process an application for, grant, or refuse to grant entry permission. 2: An automated electronic system may be used by the Department to process an application for, grant (with or without conditions), or refuse to grant an interim visa. 3: Conditions imposed on visas granted by an automated electronic system may only be conditions that are specified in immigration instructions for a visa of the relevant class or type. 4: However, nothing in this section prevents an immigration officer or the Minister from imposing further conditions, or varying or cancelling conditions under sections 50 to 55 5: Where a decision to grant or refuse to grant a visa or entry permission, or to issue or refuse to issue an invitation to apply for a visa, is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under this Act. 6: An automated electronic system may be used by the Department to process, accept, or refuse a request by a person seeking to rely on a visa waiver. 7: Where a decision to accept or refuse a request is made under subsection (6) Section 28(6) inserted 1 July 2019 section 6 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 28(7) inserted 1 July 2019 section 6 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 29: Automated decision making in advance passenger processing The chief executive may make a decision under section 97(1) or 97A(1) Section 29 amended 28 September 2017 section 269 Intelligence and Security Act 2017 29A: Use of automated system to confirm New Zealand citizenship 1: An automated electronic system that applies criteria predetermined by the chief executive may be used, for the purposes of this Act, to confirm a person's status as a New Zealand citizen. 2: The automated electronic system may be used to confirm a person's status as a New Zealand citizen only if there is available at least 1 other way of confirming the person's status, and that other way involves confirmation by a person. 3: A determination made using an automated electronic system must for all purposes be treated as a determination made by a person who is authorised to make the determination under this Act. Section 29A inserted 7 May 2015 section 13 Immigration Amendment Act 2015 30: Use of biometric information in decision making Biometric information required from persons in accordance with this Act may be used to— a: establish a record of a person’s identity; or b: establish or verify a person’s identity; or c: assist in decision making under this Act. 31: Collection and storage of biometric information 1: Biometric information collected under this Act may be collected, using an automated system or otherwise, by— a: an immigration officer or a refugee and protection officer; or b: an agent or person on behalf of an immigration officer or a refugee and protection officer. 2: Biometric information must be dealt with in accordance with the Privacy Act 2020 3: Subsection (2) is for the avoidance of doubt. Section 31(2) amended 1 December 2020 section 217 Privacy Act 2020 32: Department to undertake privacy impact assessment 1: The Department must complete a privacy impact assessment in respect of the collection and handling of biometric information under this Act to— a: identify the potential effects that the Act may have on personal privacy; and b: examine how any detrimental effects on privacy might be lessened. 2: The Department must consult the Privacy Commissioner— a: on the terms of reference developed for the assessment; and b: when completing the assessment. 3: The Department must review its privacy impact assessment if changes are made to this Act, regulations made under it, or operational policy in respect of the collection or handling of biometric information and, if the review establishes that new or increased privacy impacts have resulted from the changes, must— a: amend or replace the privacy impact assessment; and b: consult the Privacy Commissioner on the amended or replacement assessment. 4: The Department must ensure the current privacy impact assessment is— a: available on the Department's Internet site; and b: available or readily obtainable for inspection, free of charge, at— i: offices of the Department; and ii: New Zealand government offices overseas that deal with immigration matters. 5: Nothing in subsection (4) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982 Reliance on classified information in decision making 33: Classified information relating to security or criminal conduct may be relied on in decision making 1: Classified information may be relied on in making decisions or determining proceedings under this Act if the Minister determines that the classified information relates to matters of security or criminal conduct. 2: If subsection (1) applies, the Minister may— a: rely on the information to make a decision under Part 3 4 6 b: direct that the information be provided to a refugee and protection officer (who has been authorised by the chief executive to make decisions under Part 5 i: a decision under Part 5 ii: an application to the Tribunal under that Part; or c: refer the information to the Tribunal or a court, as the case may be, if the information is first to be relied on— i: in an appeal to the Tribunal or the court; or ii: in an application to the Tribunal; or iii: in review proceedings; or d: refer the information to the chief executive so that he or she may make an application for a warrant of commitment, or an application or a response to an application for review or release, in accordance with section 325 3: Sections 34 to 42 4: Sections 240 to 244 252 to 270 34: Minister may receive briefing 1: Where classified information may be relevant to a decision under this Act,— a: the Minister may request an oral or a written briefing from the chief executive of the relevant agency; and b: the Minister may seek the assistance of such security-cleared assistants as he or she thinks fit; and c: the content of the briefing is to be determined by the chief executive of the relevant agency. 2: No person may be called to give evidence in any court or tribunal in relation to the content of the briefing or anything coming to his or her knowledge as a result of the briefing (including any record of an oral briefing), except as provided in sections 241(1) 259(1) 35: Protection of classified information 1: Classified information relied on for the purpose of making any decision or determining any proceedings under this Act must be kept confidential and must not be disclosed, except as provided in sections 241(1) 259(1) 267(4) 269(4) 270(3) 2: Subsection (1)— a: does not limit or affect the application of the Ombudsmen Act 1975 Official Information Act 1982 Privacy Act 2020 b: otherwise applies despite any other enactment or rule of law to the contrary. 3: Neither the Tribunal nor any court may require or compel the chief executive of the relevant agency, the Minister, or any other person to disclose any classified information in any proceedings under this Act (but without derogating from sections 241(1) 259(1) Section 35(2)(a) amended 1 December 2020 section 217 Privacy Act 2020 36: Classified information must be balanced 1: The chief executive of a relevant agency who provides classified information to the Minister under this Act must ensure that— a: the information is provided in a manner that does not, by reason of the omission of any other relevant classified or non-classified information, give a misleading view of the information supplied; and b: any classified or non-classified information that is favourable to the person subject to the decision or proceedings is also provided; and c: any further classified information that becomes available and that is relevant to the decision or proceedings is provided. 2: The obligation to provide further information ceases on the date— a: the decision concerned is made: b: a decision on the proceedings concerned is made. 37: Withdrawal or updating of classified information 1: The chief executive of the relevant agency may at any time withdraw, update, or add to all or any part of any classified information provided to the Minister under this Act. 2: If the classified information is updated or added to, the Minister must make a further determination under section 33(1) 3: If the Minister determines that the information may be— a: relied on before the Minister makes a decision under Part 3 4 6 b: relied on before a refugee and protection officer makes a decision under Part 5 c: raised in proceedings involving classified information,— i: the Tribunal or court must treat the new or updated information in the same way as classified information originally provided to it under section 241(1) 259(1) ii: the Tribunal must determine in relation to the new or updated information the matters set out in section 243(1)(a), (b), and (c) 4: If the chief executive of the relevant agency withdraws any classified information,— a: the classified information must be kept confidential and must not be disclosed by the decision maker, the Tribunal, or the court (as the case may be); and b: the decision maker, the Tribunal, or the court must continue to make the decision or determine the proceedings— i: without regard to that classified information (but subject to section 243(2) ii: in the case of an appeal, a matter, or review proceedings, as if that information had not been available in making the decision subject to the appeal, matter, or review proceedings. 5: The chief executive of the relevant agency may at any time direct any person to return classified information to the relevant agency. 38: Summary of allegations to be developed 1: This section and section 39 relevant decision a: an application for a visa, if the application is for— i: a residence class visa; or ii: a temporary visa or a limited visa, and the applicant is onshore; or b: a person’s liability for deportation; or c: any matter to which Part 5 2: Before a relevant decision is made that relies on any classified information that is or may be prejudicial to the person who is the subject of the proposed decision,— a: the chief executive of the relevant agency and the Minister or the refugee and protection officer concerned, as the case may be, must agree a summary of the allegations arising from the classified information; and b: the Minister or the refugee and protection officer must forward the summary to the person who is the subject of the proposed decision for comment, and specify a time by which any comment may be provided. 3: For the purposes of making a relevant decision, the classified information may be relied on only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3) 4: Nothing in subsection (2) requires the summary to— a: list any documents or other source material containing classified information; or b: detail the contents of any documents or other source material containing classified information; or c: specify the source of any documents or other source material containing classified information. 5: A summary under this section must be updated, and the person affected provided with an updated summary, where— a: any classified information that was proposed to be relied on in making the decision is withdrawn (unless all of the classified information is withdrawn); or b: the chief executive of the relevant agency adds to or updates the classified information that will be relied on in making the decision. 6: An updated summary must be prepared in the same way as if it were a summary prepared under subsection (2)(a). 39: Reasons, etc, to be given where prejudicial decision made using classified information 1: Where a decision of a kind referred to in section 38(1) section 40 a: the fact that classified information was relied on in making the decision; and b: the reasons for the decision (except to the extent that providing reasons would involve a disclosure of classified information that would be likely to prejudice the interests referred to in section 7(3) c: the appeal rights, if any, available in respect of the decision; and d: if appeal rights are available, the right to be represented by a special advocate. 2: Reasons must— a: be given in writing; and b: contain the information required under section 23 3: The Minister or a refugee and protection officer, as the case may be, must also prepare a record of the reasons for the decision, including any reasons arising from the classified information, which may not be accessed or disclosed except in accordance with section 241(1) 259(1) 267(4) 40: Where classified information may be relied on without requirement for summary or reasons 1: Subsection (2) applies to the Minister if— a: he or she is making a decision under this Act relying on classified information; and b: the decision is not a decision of a kind referred to in section 38(1) 2: The Minister is not required to— a: provide potentially prejudicial information based on classified information to the person concerned for comment; or b: give reasons for the decision, and section 23 section 27 3: Nothing in section 38 39 a: if the decision concerned is in the absolute discretion of the decision maker; or b: in relation to expressions of interest or invitations to apply for a visa; or c: to applicants for transit visas; or d: to applicants for temporary entry class visas who are outside New Zealand; or e: in relation to applications for visas made in an immigration control area or in a place designated by the chief executive under section 383 f: in relation to applications for entry permission. 41: Declassification of classified information 1: Subsection (2) applies to classified information if— a: it is relied on, or may be relied on, to make a decision or determine proceedings under this Act; and b: during the process of making the decision or determining the proceedings, the information is declassified. 2: As from the date of declassification, the information is no longer subject to any of the confidentiality, process, or other requirements of this Act that apply to classified information or the users of the information. 3: For the purposes of this section, information is declassified when the chief executive of the relevant agency certifies in writing that, as from a specified date, the classified information concerned is no longer classified information within the meaning of section 7 42: No right of complaint to Inspector-General of Intelligence and Security No complaint may be made to the Inspector-General of Intelligence and Security about any situation or set of circumstances relating to an act, omission, practice, policy, or procedure done, omitted, or maintained (as the case may be) in connection with a decision under this Act involving classified information (including a determination in proceedings involving classified information). 3: Visas 1: Visas generally 43: Effect of visa 1: A visa (other than a transit visa) granted outside New Zealand indicates that— a: the holder of the visa has permission to— i: travel to New Zealand in accordance with the conditions of the visa (if any); and ii: apply for entry permission; and b: at the time the visa is granted, there is no reason to believe that the holder will be refused entry permission if the holder's travel is consistent with the conditions of the visa relating to travel; and c: if the holder is granted entry permission, the holder has permission to stay in New Zealand in accordance with the conditions of the visa (if any). 2: A visa granted in an immigration control area indicates that the holder of the visa,— a: if granted entry permission, has permission to stay in New Zealand in accordance with the conditions of the visa (if any); and b: has permission to travel to New Zealand subsequently and apply for entry permission in accordance with the conditions of the visa (if any). 3: A visa granted onshore indicates that the holder of the visa— a: has permission to stay in New Zealand in accordance with the conditions of the visa (if any); and b: has permission to travel to New Zealand subsequently and apply for entry permission in accordance with the conditions of the visa (if any). 4: A transit visa indicates that the holder of the visa has permission to travel to New Zealand, and to remain, for no longer than the transit period,— a: on the craft concerned; or b: in an immigration control area; or c: in the custody of the Police. 44: Person may hold only 1 current visa At any one time, a person may hold only 1 current visa. 45: Grant of visa generally matter of discretion 1: No person is entitled to a visa as of right. 2: In determining a visa application, the Minister or, subject to any special direction, an immigration officer, in his or her discretion,— a: may grant or refuse to grant a visa; and b: regardless of the class and type of visa that was applied for, may grant a visa of any class and type; and c: may impose conditions on the visa granted, or vary or waive conditions that would otherwise apply to it. 3: This section applies unless any provision in this Act expressly provides otherwise. 1987 No 74 ss 8–10 35 46: Grant of visa does not guarantee entry permission 1: The granting of a visa does not of itself entitle the holder to be granted entry permission. 2: Subsection (1) applies except if the visa granted is— a: a permanent resident visa; or b: a resident visa, and the visa was granted in New Zealand. 47: Grant of visa may be conditional on payment of bond 1: Before granting a visa to an applicant, the Minister or an immigration officer may require that a bond be paid in accordance with section 396 2: A bond required under subsection (1) may be— a: forfeited under section 397(1) b: refunded in whole or in part under section 397 3: The fact that a bond is forfeited under section 397(1) sections 49 to 55 48: Grant of visa may be conditional on sponsorship 1: Before a visa is granted to an applicant, the applicant may be required to supply a written undertaking, in a form approved by the chief executive, by a person (the sponsor 2: The requirement to supply a written undertaking may be imposed by— a: immigration instructions, in relation to any class or type of visa; or b: the Minister or an immigration officer, in relation to any particular visa. 3: Without limiting subsection (1),— a: the specified matter or matters in respect of the undertaking may relate to— i: employment of the applicant and any dependants of the applicant: ii: accommodation of the applicant and any dependants of the applicant: iii: maintenance (including the cost of any publicly funded services or benefits) of the applicant and any dependants of the applicant: iv: costs of repatriation or deportation of the applicant and any dependants of the applicant: b: an undertaking may relate to the sponsor— i: providing any matter directly; or ii: paying the costs of any matter, if the matter is provided by another person. 4: A sponsor must be— a: a New Zealand citizen, permanent resident, or resident; or b: an organisation that is registered in New Zealand as a company, an incorporated society, or a charitable trust; or c: a government agency. 5: A sponsor who is not a natural person must nominate an individual as the authorised contact for the purposes of the sponsorship. 6: A sponsor must also be acceptable to the Minister or the immigration officer, or meet any other criteria required by the relevant immigration instructions, or both, as the case may be. 7: It is a matter for the absolute discretion of the Minister or the immigration officer whether a person is acceptable as a sponsor, and no appeal lies against his or her decision, whether to any court, the Tribunal, the Minister, or otherwise. Visa conditions 49: Visas may be subject to conditions 1: Every visa other than a permanent resident visa is subject to such conditions (if any) as may be,— a: in the case of resident visas, specified in residence instructions relating to visas of that type, being the instructions applicable at the time the application for the visa was made: b: in the case of temporary entry class visas other than visas subject to restricted temporary entry instructions, specified in temporary entry instructions relating to visas of that class or a type of visa within that class, being instructions applicable at the time the visa was granted: c: in the case of temporary entry class visas subject to restricted temporary entry instructions, specified in temporary entry instructions applicable at the time the application for the visa was made: d: in the case of transit visas, specified in transit instructions applicable at the time the visa was granted: e: imposed by the Minister or an immigration officer under section 50 51 52 53 or 54 ea: imposed by section 55 f: imposed by or under any other Act. 2: The conditions of a visa relating to travel may— a: give permission to travel to New Zealand on a single journey, multiple journeys, or a set number of journeys; or b: give permission to travel to New Zealand for or within a specified time period; or c: expressly not authorise any further travel to New Zealand. Section 49(1)(e) amended 7 May 2015 section 14(1) Immigration Amendment Act 2015 Section 49(1)(ea) inserted 7 May 2015 section 14(2) Immigration Amendment Act 2015 50: Conditions on resident visas 1: On granting a resident visa as an exception to residence instructions, the Minister may— a: impose conditions in addition to those specified in the applicable residence instructions (if any): b: vary or waive conditions that would otherwise apply to a visa of that type. 2: Following the grant of a resident visa, the Minister may, by special direction,— a: impose further conditions whether or not the conditions are specified in the applicable residence instructions (if any): b: vary or cancel conditions that would otherwise apply to the visa or were imposed under subsection (1). 3: The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder. 4: A condition imposed, varied, waived, or cancelled under this section— a: must be notified to the visa holder by the Minister or an immigration officer; and b: takes effect— i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case. 4A: 4B: 4C: 4D: 4E: 5: To avoid doubt,— a: subsection (2) applies whether the resident visa was granted as an exception to residence instructions or otherwise: b: nothing in this section allows the Minister to impose conditions on a permanent resident visa, whether at the time of or subsequent to granting the visa. 2023-05-16 Immigration Act 2009 Section 50(4A) to (4E) are repealed at the close of 15 May 2023. Section 50(4A) repealed close of 15 May 2023 Section 50(4B) repealed close of 15 May 2023 Section 50(4C) repealed close of 15 May 2023 Section 50(4D) repealed close of 15 May 2023 Section 50(4E) repealed close of 15 May 2023 51: Resident visa holder may apply for variation of travel conditions 1: A resident visa holder may apply, in the prescribed manner, for a variation of the conditions of his or her visa relating to travel to New Zealand. 2: An immigration officer must determine the application in accordance with the residence instructions applicable at the time the application for the variation was made. 3: However, the Minister may vary conditions of a visa under this section by special direction, as an exception to residence instructions. 52: Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions) 1: On granting a temporary entry class visa, the Minister or an immigration officer may— a: impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that class or type: b: vary or waive conditions that would otherwise apply to a visa of that class or type. 2: Following the grant of a temporary entry class visa, the Minister or an immigration officer may— a: impose further conditions, whether or not the conditions are specified in the temporary entry instructions in relation to a visa of that class or type: b: vary or cancel conditions that would otherwise apply to a visa of that class or type or were imposed under subsection (1). 3: The Minister or an immigration officer may also do 1 or more of the things in subsection (2) by agreement with the visa holder. 4: A condition imposed, varied, waived, or cancelled under this section— a: must be notified to the visa holder by the Minister or an immigration officer; and b: takes effect— i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case. 4A: 4B: 4C: 4D: 4E: 5: Nothing in this section applies to a temporary entry class visa that is subject to restricted temporary entry instructions. 2023-05-16 Immigration Act 2009 Section 52(4A) to (4E) are repealed at the close of 15 May 2023. Section 52(4A) repealed the close of 15 May 2023 Section 52(4B) repealed the close of 15 May 2023 Section 52(4C) repealed the close of 15 May 2023 Section 52(4D) repealed the close of 15 May 2023 Section 52(4E) repealed the close of 15 May 2023 53: Conditions on temporary entry class visas subject to restricted temporary entry instructions 1: On granting a temporary entry class visa subject to restricted temporary entry instructions, as an exception to those instructions, the Minister may— a: impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that type: b: vary or waive conditions that would otherwise apply to a visa of that type. 2: Following the grant of a temporary entry class visa subject to restricted temporary entry instructions, the Minister may, by special direction,— a: impose further conditions, whether or not the conditions are specified in temporary entry instructions in relation to a visa of that type: b: vary or cancel conditions that would otherwise apply to a visa of that type or were imposed under subsection (1). 3: The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder. 4: A condition imposed, varied, waived, or cancelled under this section— a: must be notified to the visa holder by the Minister or an immigration officer; and b: takes effect— i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case. 4A: 4B: 4C: 4D: 4E: 5: To avoid doubt, subsection (2) applies whether the temporary entry class visa was granted as an exception to temporary entry instructions or otherwise. 2023-05-16 Immigration Act 2009 Section 53(4A) to (4E) are repealed at the close of 15 May 2023. Section 53(4A) repealed the close of 15 May 2023 Section 53(4B) repealed the close of 15 May 2023 Section 53(4C) repealed the close of 15 May 2023 Section 53(4D) repealed the close of 15 May 2023 Section 53(4E) repealed the close of 15 May 2023 54: Conditions on transit visas 1: On granting a transit visa, the Minister or an immigration officer may— a: impose conditions in addition to those specified in transit instructions: b: vary or waive conditions that would otherwise apply to a transit visa. 2: Following the grant of a transit visa, the Minister or an immigration officer may— a: impose further conditions, whether or not the conditions are specified in the transit instructions: b: vary or cancel conditions that would otherwise apply to a transit visa or were imposed under subsection (1). 3: The Minister or an immigration officer may also do 1 or more of the things in subsection (2) by agreement with the visa holder. 4: A condition imposed, varied, waived, or cancelled under this section— a: must be notified to the visa holder by the Minister or an immigration officer; and b: takes effect— i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case. 55: Condition that visa holder have sponsor 1: This section applies to a visa holder who, when applying for the visa concerned, was required to provide a written undertaking from a sponsor in accordance with section 48 2: It is a condition of the visa that— a: the visa holder have a sponsor for the purposes of the specified matter or matters provided for in the written undertaking; and b: the sponsor meets the obligations in relation to the specified matter or matters provided for in the undertaking. 2A: Where a condition under this section applies to a resident visa, the condition applies for the period, which may not exceed 10 years, specified— a: in immigration instructions, in relation to any type of resident visa; or b: by the Minister or an immigration officer, in relation to any particular visa. 3: If the sponsor fails to comply with the undertaking— a: the sponsor owes a debt to the Crown, recoverable by the Crown in a court of competent jurisdiction, if the Crown incurs a cost as a result of the failure; and b: the sponsor owes a debt to a third party, recoverable by the third party in a court of competent jurisdiction, if a cost has been incurred by the third party as a result of the failure; and c: the visa holder is deemed to have breached the conditions of his or her visa imposed under subsection (2). Section 55(2A) inserted 7 May 2015 section 15 Immigration Amendment Act 2015 56: Visa holder must comply with conditions 1: The holder of a visa that is subject to conditions must comply with the conditions of the visa. 2: In the case of conditions imposed by or under any other Act, or specified in immigration instructions, the obligation to comply with those conditions arises whether or not the visa holder is aware of the conditions, or of the implications of not complying with them. 3: A visa holder must comply with conditions imposed or varied and notified to the holder by the Minister or an immigration officer under section 50 51 52 53 54 4: It is presumed, in the absence of evidence to the contrary on the balance of probabilities, that a visa holder was notified of any conditions imposed or varied under section 50 51 52 53 54 section 386A Section 56(4) amended 7 May 2015 section 16 Immigration Amendment Act 2015 General rules relating to visas 57: Applications for visas 1: An application for a visa must be made in the manner prescribed for the class or type of visa sought. 2: The applicant must provide his or her contact address and address for service. 3: 4: 5: 6: 7: 2023-05-16 Immigration Act 2009 Section 57(3) to (7) are repealed at the close of 15 May 2023. Section 57(2) replaced 7 May 2015 section 17 Immigration Amendment Act 2015 Section 57(3) repealed the close of 15 May 2023 Section 57(4) repealed the close of 15 May 2023 Section 57(5) repealed the close of 15 May 2023 Section 57(6) repealed the close of 15 May 2023 Section 57(7) repealed the close of 15 May 2023 58: Obligation on applicant to inform of all relevant facts, including changed circumstances 1: It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made. 2: The Minister or immigration officer considering the application— a: is not obliged to seek any further information, evidence, or submissions; and b: may determine the application on the basis of the information, evidence, and submissions provided. 3: It is also the responsibility of an applicant for a visa to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances— a: may affect the decision on the application; or b: may affect a decision to grant entry permission in reliance on the visa for which the application is made. 4: Without limiting the scope of the expression material change in circumstances 5: For the purposes of sections 157 158 6: It is sufficient ground for the Minister or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person,— a: whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the visa; or b: did not ensure that an immigration officer was informed of any material change in circumstances to which subsection (3) applies between the time of making the application and the time of a decision on the application. 1987 No 74 ss 17A 25 34B 34G Section 58(5) replaced 7 May 2015 section 18 Immigration Amendment Act 2015 59: Applications by minors Where an application for a visa is made by or for a person under 18 years of age who is not married or in a civil union, the Minister or an immigration officer may decline the application if the Minister or immigration officer is not satisfied that any parent or guardian of the person consents to the making of the application. 1987 No 74 s 35(2) 60: Biometric information may be required from visa applicant 1: An applicant for a visa must allow biometric information to be collected from him or her. 2: If the applicant fails to allow the biometric information to be collected, the Minister or an immigration officer may refuse to grant the visa applied for. 3: The requirement in subsection (1) does not apply if the person is exempt from providing the information in accordance with regulations made under section 400(l) 61: Grant of visa in special case 1: The Minister may at any time, of the Minister’s own volition, grant a visa of any type to a person who— a: is unlawfully in New Zealand; and b: is not a person in respect of whom a deportation order is in force ; and c: is not a person in respect of whom a removal order is in force. 2: A decision to grant a visa under subsection (1) is in the Minister’s absolute discretion. 1987 No 74 s 35A Section 61(1)(b) amended 7 May 2015 section 19(1) Immigration Amendment Act 2015 Section 61(1)(c) inserted 7 May 2015 section 19(2) Immigration Amendment Act 2015 61A: Grant of visas by special direction 2023-05-16 Immigration Act 2009 Section 61A is repealed at the close of 15 May 2023. Section 61A repealed the close of 15 May 2023 62: Form of visa 1: A visa is granted by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive. 2: The entry for the visa must specify, as appropriate,— a: its start date (which may be the date of its grant or a future or past date): b: any conditions of the visa that relate to travel, including— i: whether the visa allows travel to New Zealand on a later occasion: ii: if the visa allows travel to New Zealand, the period during which the holder may travel to New Zealand: iii: if the visa allows travel to New Zealand, whether the visa gives permission to travel to New Zealand on a single journey, multiple journeys, or a set number of journeys: c: in relation to the holder’s stay in New Zealand, the date or event on the occurrence of which the visa will expire, or the period after which it will expire: d: any other conditions of the visa: e: for those persons granted entry permission, the date or dates the entry permission was granted: f: such other matters as may be required or approved by the chief executive. 3: A visa may (but need not) be evidenced by an endorsement in a passport or certificate of identity. 4: To avoid doubt, no electronic or physical record is required to be created for a visa that is deemed to be granted by or under this Act. 63: Expiry of visa 1: If the holder of a visa is in New Zealand, the visa expires on the earliest of— a: the beginning of the day after the date specified in the visa as the expiry date: b: the beginning of the day after the day on which an event specified in the visa as the event on the occurrence of which the visa will expire occurs: c: the beginning of the day after the last day of the period for which the visa grants stay in New Zealand to the holder: d: the beginning of the day that is 3 months after the day on which an epidemic management notice expires, if the visa— i: is a temporary entry class visa to which section 78 ii: has not been cancelled earlier. 2: If the holder of a visa is outside New Zealand, the visa expires on the earlier of— a: the day and time the holder left New Zealand, if the conditions of the visa do not allow further travel to New Zealand: b: the beginning of the day after the date that is specified by the conditions of the visa as the last day of the period of time within which travel is allowed to New Zealand. 64: Cancellation of visa on triggering event 1: A visa is cancelled in the following circumstances: a: on the deportation of its holder from New Zealand: ab: on the day after the first date on which a deportation order may be served on the person under section 175A b: on the refusal of entry permission to its holder: c: on entry permission granted to its holder being revoked: d: if the holder arrived at an immigration control area,— i: on the holder leaving the immigration control area without presenting himself or herself to an immigration officer; or ii: on the holder failing to comply with the instruction of an immigration officer to remain in the area: e: if the holder arrived at a place other than an immigration control area, on failing to present himself or herself in the prescribed manner and within the prescribed time as required under section 103(1)(b) f: on the start date of a further visa granted to its holder: g: on the grant of New Zealand citizenship to its holder: h: on the registration of New Zealand citizenship by descent under section 7(2) i: on the issue of an evidentiary certificate under section 21 2: Despite subsection (1)(f), the grant of a temporary entry class visa to the holder of a residence class visa does not cancel the residence class visa unless the grant of the temporary entry class visa was made under section 68 3: To avoid doubt, if a person’s visa is cancelled under subsection (1)(ab), the grant of a new visa to the person does not cancel the person’s liability for deportation. Section 64(1)(ab) inserted 7 May 2015 section 20(1) Immigration Amendment Act 2015 Section 64(3) inserted 7 May 2015 section 20(2) Immigration Amendment Act 2015 65: Cancellation of resident visa before holder first arrives in New Zealand as holder of visa 1: The Minister or an immigration officer may cancel a resident visa at any time before its holder first arrives in New Zealand as the holder of the visa, if— a: the visa was granted when the holder was outside New Zealand; and b: the person no longer meets the rules or criteria of the immigration instructions applicable at the time the application for the visa was made. 2: The Minister or an immigration officer must notify a person in writing Section 65(2) amended 7 May 2015 section 21 Immigration Amendment Act 2015 66: Cancellation of temporary entry class or transit visa by Minister or immigration officer 1: The Minister or an immigration officer may, if the Minister or immigration officer determines there is sufficient reason,— a: cancel a temporary entry class visa at any time when its holder is outside New Zealand: b: cancel a temporary entry class visa that has been extended in accordance with section 78 c: cancel a transit visa at any time. 2: The Minister or an immigration officer must notify a person, in writing, if— a: his or her visa is cancelled under this section; and b: he or she is outside New Zealand. 1987 No 74 ss 19 32 67: Cancellation of visa for administrative error An immigration officer may cancel a visa that the officer believes on reasonable grounds was granted as a result of an administrative error if— a: the visa was granted to a person in a place designated by the chief executive under section 383 i: the person is still in the designated place; or ii: the person has not left the arrival hall of the airport or port at which he or she arrived in New Zealand; or b: the visa was granted to a person in an immigration control area, or an office of the Department, in New Zealand and the person is still in the control area or office; or c: advice of the grant of the visa has not been sent or given to the person concerned, in any other case. 68: Grant of further visa where visa granted in error 1: If the Minister or an immigration officer determines that a visa was granted as a result of an administrative error but the visa was not cancelled under section 67 a: offer the holder a visa of such class and type, and subject to such conditions, as the Minister or immigration officer considers appropriate; and b: if the holder agrees, grant such a visa. 2: If the holder does not agree, he or she remains liable for deportation under section 155(1) 3: Subsection (2) is for the avoidance of doubt. Waiver of requirement for visa permitting travel to New Zealand in certain cases 69: Waiver of requirement for visa permitting travel to New Zealand in certain cases 1: Regulations made under section 400 2: The Minister may, by special direction,— a: waive for a period not exceeding 3 months the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, subject to any conditions specified by the Minister: b: suspend for a period not exceeding 3 months a waiver made by regulations referred to in subsection (1): c: waive, in any individual case, the requirement to hold a visa permitting travel to New Zealand: d: suspend, in any individual case, a waiver made by regulations referred to in subsection (1). 3: Any waiver or suspension of a waiver made in accordance with subsection (1) or (2)(a) or (b) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the waiver or suspension of waiver applies by reference to any or all of the following: a: their nationality: b: the country or place from which they are travelling (whether it be their original or an intermediate point of departure): c: their immediate or ultimate destination after being in or transiting through New Zealand: d: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued. 4: Any special direction made under subsection (2)(a) or (b)— a: must be b: expires at the end of the period of 3 months (or such shorter period as is specified in the direction) following the day on which the direction was made, unless sooner cancelled by the Minister by a further special direction, or by regulations: c: is secondary legislation ( see Part 3 section 378(3) 5: A special direction under subsection (2)(a) or (b) may not be effectively continued in force by the making of a further special direction to the same or similar effect. 6: A waiver under this section does not of itself entitle a person subject to the waiver to be granted entry permission. 1987 No 74 ss 11 12 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • comply with subsection (4)(a) 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 69(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 69(4)(c) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 2: Classes of visa 70: Classes of visa The following classes of visa may be granted under this Act: a: residence class visas, consisting of— i: permanent resident visas: ii: resident visas: b: temporary entry class visas, consisting of— i: temporary visas: ii: limited visas: iii: interim visas: c: transit visas. 1987 No 74 s 14 Residence class visas 71: Who may apply for residence class visa 1: The following persons may apply for a residence class visa: a: a person who is outside New Zealand and who wishes to come to New Zealand and stay indefinitely: b: a person who is— i: onshore; and ii: the holder of a temporary visa or a resident visa; and iii: not subject to section 150 c: a person to whom a visa waiver applies, and who falls within a class prescribed by regulations as a person who may apply for a residence class visa— i: in a place designated by the chief executive under section 383 ii: in an immigration control area; or iii: in a prescribed place. 2: No person who is of a class or category that, by virtue of immigration instructions, may only apply for a resident visa or a permanent resident visa by invitation, may apply for such a visa without an invitation. 3: A person may apply for a resident visa or a permanent resident visa in response to an invitation to apply only if the application is made in the time frame specified in the residence instructions. 4: To avoid doubt, no limited visa holder, interim visa holder, transit visa holder, or person who is liable for deportation may apply for a residence class visa. 5: However, the Minister, in his or her absolute discretion, may grant a residence class visa to a person to whom subsection (4) applies. 1987 No 74 s 17 72: Decisions on applications for residence class visa 1: Where the Minister or an immigration officer makes any decision in relation to an application for a residence class visa, that decision must be made in terms of the residence instructions applicable at the time the application was made and any discretion exercised must be in terms of those instructions. 2: No application for a residence class visa that is received by an immigration officer may be referred to the Minister for decision at first instance, unless the Minister gives a special direction to that effect. 3: Nothing in this section prevents the Minister, in his or her absolute discretion, from making any decision to grant a residence class visa as an exception to residence instructions in any particular case. 1987 No 74 ss 13C 17A(2) 73: Currency and nature of permanent resident visa The holder of a permanent resident visa is entitled— a: to travel to New Zealand at any time: b: to be granted entry permission: c: to stay in New Zealand indefinitely: d: to work in New Zealand or in the exclusive economic zone of New Zealand: e: to study in New Zealand. 74: Currency and nature of resident visa 1: The holder of a resident visa— a: is entitled to— i: travel to New Zealand; and ii: apply for entry permission (whether before or after travelling to New Zealand); and b: if granted entry permission, is entitled, in accordance with the conditions of the visa (if any),— i: to stay in New Zealand indefinitely: ii: to work in New Zealand or in the exclusive economic zone of New Zealand: iii: to study in New Zealand. 2: Subsection (1)(a) applies only if the visa holder's travel to New Zealand is consistent with the conditions of the visa relating to travel. 75: Former New Zealand citizens deemed to hold resident visa 1: This section applies to a person in New Zealand who— a: renounces his or her New Zealand citizenship; or b: is deprived of his or her New Zealand citizenship. 2: The person is deemed, from the date of renouncing, or being deprived of, his or her citizenship, to hold a resident visa— a: permitting the person to stay in New Zealand; and b: subject to any conditions specified in residence instructions certified for the purposes of this section at the time the person renounced or was deprived of his or her citizenship. Temporary entry class visas: provisions applying to all types 76: Decisions on applications for temporary entry class visa 1: The Minister or an immigration officer may, in the Minister’s or officer’s discretion, grant a temporary entry class visa as an exception to temporary entry class instructions in any particular case. 2: Subsection (1) does not apply to an application for a temporary entry class visa of a type subject to restricted temporary entry instructions. 3: However, nothing in subsection (2) prevents the Minister in his or her absolute discretion from making a decision to grant a visa as an exception to restricted temporary entry instructions in any particular case. 77: Currency and nature of temporary entry class visa 1: A temporary entry class visa may be granted— a: until a specified date; or b: until a specified event on the occurrence of which the visa expires; or c: for a specified period of time. 2: The holder of a temporary entry class visa— a: is entitled to— i: travel to New Zealand; and ii: apply for entry permission (whether before or after travelling to New Zealand); and b: if granted entry permission, is entitled, in accordance with the conditions of the visa (if any), to stay in New Zealand during the currency of the visa. 3: Subsection (2)(a) applies only if the visa holder's travel to New Zealand is consistent with the conditions of the visa relating to travel. 4: The holder of a temporary entry class visa may— a: work in New Zealand, or in the exclusive economic zone of New Zealand, only if the conditions of the visa allow, and only consistently with those conditions: b: study in New Zealand, only if the conditions of the visa allow, and only consistently with those conditions. 78: Deemed extension of temporary entry class visa expiring during epidemic 1: This section applies to a temporary entry class visa held by a person in New Zealand if— a: it was current immediately before the commencement of an epidemic management notice; and b: but for this section, it would expire before the day that is 14 days after the day on which the notice expires. 2: The visa must, for all purposes, be treated as if it continues to be a current visa allowing stay in New Zealand until the earlier of the following events: a: its cancellation: b: the expiration of 3 months after the day on which the epidemic management notice expires. 2A: 2B: 3: Subsection (2) does not require— a: the endorsement or modification of the visa; or b: the issue of a document extending the visa; or c: the grant of a new visa. 1987 No 74 s 35AC 2023-05-16 Immigration Act 2009 Section 78(2A) and (2B) are repealed at the close of 15 May 2023. Section 78(2A) repealed the close of 15 May 2023 Section 78(2B) repealed the close of 15 May 2023 78A: Extension of temporary entry class visa by special direction 2023-05-16 Immigration Act 2009 Section 78A is repealed at the close of 15 May 2023. Section 78A repealed the close of 15 May 2023 Temporary entry class visas: provisions applying to temporary visas 79: Who may apply for temporary visa 1: The following persons may apply for a temporary visa: a: a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come to New Zealand for any purpose for which a temporary visa may be granted: b: a person arriving in New Zealand and to whom a visa waiver applies: c: a person who is onshore, is the holder of a temporary visa, and is either— i: a person to whom section 150(1) and (2) ii: a claimant to whom section 150(3) 2: No person who is of a class or category that, by virtue of immigration instructions, may only apply for a temporary visa by invitation may apply for such a visa without an invitation. 3: A person may apply for a temporary visa (or a temporary visa of a particular type) in response to an invitation to apply only if the application is made in the time frame specified in the temporary entry instructions. 4: To avoid doubt,— a: no limited visa holder, interim visa holder, or transit visa holder may apply for a temporary visa; and b: a person liable for deportation may only apply— i: for a visa of the same class and type that he or she held before becoming liable for deportation; and ii: if he or she is not unlawfully in New Zealand. 5: However, the Minister, in his or her absolute discretion, may grant a temporary visa to a person prohibited from applying for a temporary visa under subsection (4). 1987 No 74 s 25(1) Temporary entry class visas: provisions applying to interim visas 80: Interim visa 1: The Minister or an immigration officer may, for the purpose of maintaining the lawful status in New Zealand of the applicant while the application is being considered, grant an interim visa to a person in New Zealand who— a: holds a temporary visa; and b: has applied for a further visa (whether a residence class or a temporary entry class visa). 2: No person has the right to apply for an interim visa, and any decision as to whether to grant an interim visa is a matter for the absolute discretion of the Minister or relevant immigration officer. 3: The holder of an interim visa may not apply for a visa of any other class or type. Temporary entry class visas: provisions applying to limited visas 81: Who may apply for limited visa The following persons may apply for a limited visa: a: a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come to New Zealand for an express purpose: b: a person arriving in New Zealand to whom a visa waiver applies who wishes to stay in New Zealand for an express purpose: c: a person onshore who is— i: the holder of a current limited visa, if further time is required to achieve the express purpose for which that visa was granted; or ii: the holder of a temporary visa (other than a person to whom section 150 1987 No 74 ss 14DA 34B 82: Grant of limited visa rather than temporary visa applied for or held 1: If a person applies for a temporary visa (rather than a limited visa), the Minister or an immigration officer may grant the person a limited visa rather than the temporary visa applied for if, and only if,— a: the person,— i: including a person to whom a visa waiver applies, is outside New Zealand and wishes to come to New Zealand for an express purpose; or ii: is a person to whom a visa waiver applies who arrives in New Zealand and wishes to stay in New Zealand for an express purpose; or iii: is the holder of a temporary visa, and agrees to the grant of the limited visa; and b: the Minister or the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of his or her visa; and c: the Minister or the immigration officer considers that the grant of a limited visa rather than a temporary visa is necessary to manage that risk. 2: If the holder of a temporary visa applies for entry permission, the Minister or an immigration officer may cancel the temporary visa by granting the person a limited visa, and grant entry permission to the person on the basis of the limited visa if, and only if,— a: the person wishes to enter New Zealand for an express purpose; and b: the Minister or the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of his or her visa; and c: the Minister or the immigration officer considers that the grant of a limited visa (and entry permission on the basis of that visa) is necessary to manage that risk; and d: the person agrees to the grant of a limited visa and entry permission on the basis of that visa. 1987 No 74 s 14DA(2) 83: Grant of limited visa in relation to criminal matters 1: A limited visa may be granted to a person if— a: a certificate has been issued in respect of the person under section 13 42(5) b: the limited visa is granted for the sole purpose of enabling the person— i: to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made under section 12 ii: to be transported through New Zealand pursuant to section 42 2: A limited visa may also be granted to a person for the sole purpose of enabling the person to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on the person in New Zealand. 1987 No 74 s 27A 84: Currency of limited visa 1: The Minister or, subject to any special direction, an immigration officer may grant a limited visa for the period that— a: is appropriate to achieve the express purpose for which the visa is granted; and b: does not exceed any period specified in respect of limited visas of that category by temporary entry instructions. 2: If the express purpose for which a limited visa was granted is achieved before the date on which it will expire, or if at any time it becomes apparent that the purpose is no longer achievable or has been abandoned by the visa holder,— a: an immigration officer may notify the visa holder of an earlier expiry date for the visa (being a date not earlier than 14 days after that notice is given to the visa holder); and b: the visa then expires on that earlier expiry date. 1987 No 74 s 34C 85: Limitations and conditions on holders of limited visa 1: The holder of a limited visa must leave New Zealand no later than the day that the visa expires. 2: The holder of a limited visa may not, whether before or after the expiry of the visa,— a: apply for a visa of a different class or type while in New Zealand; or b: while in New Zealand, request a special direction, or a visa under section 61 c: bring any appeal under this Act (other than an appeal under section 194 195 3: Every limited visa is to be granted subject to conditions relating to its purpose. 1987 No 74 ss 14DA(4) 34D Transit visas 86: Who must obtain transit visa 1: A person intending to travel to and be in New Zealand only as a transit passenger must, before proceeding to New Zealand, apply for and obtain a transit visa. 2: Subsection (1) applies to the person unless he or she is classified as a person to whom a transit visa waiver applies— a: by regulations made under section 400 b: by special direction of the Minister under subsection (4). 3: Regulations classifying persons as persons to whom a transit visa waiver applies— a: may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to all or any of the following: i: their nationality: ii: the country or place from which they are travelling (whether it be their original or intermediate point of departure): iii: their immediate or ultimate destination after transiting through New Zealand: iv: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued: b: are subject to any special direction made under subsection (4) that suspends any relevant transit visa waiver. 4: The Minister may, by special direction that has effect for a period not exceeding 3 months,— a: classify persons as persons to whom a transit visa waiver applies (whether by reference to the matters referred to in subsection (3)(a) or otherwise): b: suspend any transit visa waiver specified in regulations for any class or classes of person. 4A: 4B: 4C: 5: A special direction made under subsection (4)— a: must be b: expires at the end of the period of 3 months following the day on which it was made, unless sooner cancelled by the Minister by a further special direction, or by regulations ; and c: is secondary legislation ( see Part 3 section 378(3) 6: A special direction made under subsection (4) may not be effectively continued in force by the making of a further special direction to the same or similar effect. 7: 1987 No 74 s 14E(1)–(2D) 2023-05-16 Immigration Act 2009 Section 86(4A) to (4C) are repealed at the close of 15 May 2023. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • comply with subsection (5)(a) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 86(4A) repealed the close of 15 May 2023 Section 86(4B) repealed the close of 15 May 2023 Section 86(4C) repealed the close of 15 May 2023 Section 86(5)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 86(5)(b) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 86(5)(c) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 86(7) repealed 6 November 2015 section 22 Immigration Amendment Act 2015 86A: Obligation of transit passenger 1: During the transit period applying to a transit passenger, the transit passenger must remain— a: on the craft concerned; or b: in an immigration control area; or c: in the custody of the Police. 2: If a transit passenger fails to comply with subsection (1), the relevant transit period immediately expires (and section 115(1)(f) Section 86A inserted 6 November 2015 section 23 Immigration Amendment Act 2015 87: Transit visa may be granted as exception to immigration instructions The Minister or an immigration officer may, in his or her absolute discretion, grant a transit visa to a person as an exception to immigration instructions. 88: Currency of transit visa A transit visa is current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand in that period or until that date. 1987 No 74 s 14E(3) Section 88 replaced 6 November 2015 section 24 Immigration Amendment Act 2015 89: Limitations on holders of transit visa 1: The holder of a transit visa may not apply for entry permission or any class or type of visa while in New Zealand during the transit period. 2: However, the Minister or an immigration officer, in his or her absolute discretion, may grant to the person a visa of the type and class that the Minister or immigration officer thinks fit. 1987 No 74 s 14E(4), (5) 90: Cancellation of transit visa An immigration officer may cancel a transit visa at any time but, if he or she cancels the visa after the holder of the visa has arrived in New Zealand, the person is liable for turnaround. 91: Expiry of transit period At any time before the transit period of a transit passenger expires, an immigration officer may, in his or her absolute discretion,— a: extend the transit passenger's transit period beyond the transit period prescribed under section 401(d) b: grant the transit passenger a visa and entry permission. Section 91 replaced 6 November 2015 section 25 Immigration Amendment Act 2015 Invitation to apply for visa 92: Expressions of interest 1: A person who, by virtue of immigration instructions, is of a class or category of person that may apply for a visa of a particular class or type only if invited to do so by the Minister or an immigration officer may notify his or her interest in obtaining such an invitation in the prescribed manner. 2: A person submitting an expression of interest must provide a contact address and an address for service. 3: 4: Section 92(2) replaced 7 May 2015 section 26 Immigration Amendment Act 2015 Section 92(3) repealed 7 May 2015 section 26 Immigration Amendment Act 2015 Section 92(4) repealed 7 May 2015 section 26 Immigration Amendment Act 2015 93: Obligation to inform of all relevant facts, including changed circumstances 1: It is the responsibility of the person submitting an expression of interest to ensure that all information, evidence, and submissions that the person wishes to have considered in support of the expression of interest are provided when the expression of interest is submitted. 2: The Minister or immigration officer considering the expression of interest— a: is not obliged to seek any further information, evidence, or submissions; and b: may determine whether to issue an invitation to apply for a visa on the basis of the information, evidence, and submissions provided. 3: Nothing in subsection (2) prevents the Minister or immigration officer from taking into account any information, evidence, or submissions provided by the person at any time before the decision whether to issue the invitation is made. 4: It is also the responsibility of a person expressing an interest in obtaining an invitation to apply for a visa under section 94 a: may affect the decision to issue an invitation to apply; or b: may affect a decision to grant a visa to the person. 5: Without limiting the scope of the expression material change in circumstances 6: Failure to comply with the obligation set out in subsection (4) must be treated as concealing relevant information sections 157 158 1987 No 74 s 13D Section 93(6) amended 7 May 2015 section 27 Immigration Amendment Act 2015 94: Invitation to apply for visa 1: An invitation to apply for a visa is a statement by or on behalf of the Minister or an immigration officer, whether made electronically or in writing, that the person to whom it is made is authorised to make an application for a visa of a particular class or type. 2: No person may apply for a visa without an invitation if the person is of a class or category of person that, by virtue of immigration instructions, may apply for the visa only if invited to do so. 3: If an invitation is required by immigration instructions for the person to be able to apply for the relevant visa, the statement of the invitation is sufficient authority for the making of the application (unless the invitation is subsequently revoked). 4: Despite anything in this section or in any immigration instructions, the Minister may, by special direction, issue an invitation to apply for a visa to a person whether or not the person has expressed his or her interest in the manner required by this Act or immigration instructions. 5: An invitation to apply for a visa may at any time be revoked by the Minister or an immigration officer. A revocation takes immediate effect. 6: A decision as to whether to issue an invitation to apply for a visa may be made having regard to the immigration instructions applicable at the time of the decision, even if they differ from the immigration instructions applicable at the time of notification of the relevant expression of interest. 7: In a case where residence or restricted temporary entry instructions change between the date of issue of an invitation to apply for a residence class visa or visa to which restricted temporary entry instructions apply and the date on which a person’s application for the relevant visa is made in response to that invitation, the decision on that application must be made in terms of the immigration instructions applicable at the time the application for the visa was made (and not at the time the invitation was issued), and, subject to sections 72(3) 76(3) 1987 No 74 s 13E 95: Issue of invitation to apply for visa matter of discretion 1: No person is entitled as of right to an invitation to apply for a visa. 2: The decision whether to issue such an invitation, or to revoke such an invitation once issued, is a matter for the discretion of the Minister or, subject to any special direction, an immigration officer. 1987 No 74 s 10A 4: Arrivals and departures Advance passenger processing 96: Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure 1: This section applies to a carrier, and a person in charge, of a commercial craft if— a: one of the following applies: i: the craft is scheduled to travel to New Zealand in the course of a scheduled international service: ii: it is proposed that the craft travel to New Zealand from another country: iii: the craft is scheduled to travel from New Zealand in the course of a scheduled international service: iv: it is proposed that the craft travel from New Zealand to another country; and b: the chief executive has notified the carrier, or a person in charge, of the craft that the carrier or person in charge of the craft must comply with this section. 2: A carrier, or a person in charge, of a commercial craft must— a: obtain from every person who intends to board the craft for the purpose of travelling to, or from, New Zealand the advance passenger processing information prescribed for the purposes of this subsection; and b: provide that information to the chief executive, by means of an approved system, before the departure of the craft to travel to, or from, New Zealand. 3: The chief executive may, by notice in writing, in any specified circumstances, exempt a carrier, or person in charge, of a commercial craft from complying with some or all of the requirements under subsection (2). Section 96 replaced 28 September 2017 section 270 Intelligence and Security Act 2017 97: Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand 1: The chief executive may decide that a person in relation to whom information has been received under section 96(2) a: may board the craft; or b: may not board the craft; or c: may board the craft only if he or she complies with conditions specified by the chief executive. 2: The chief executive— a: must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) b: may do so in any form he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and c: may do so in any manner he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification. 3: The chief executive— a: may make a decision under subsection (1) whether or not the person to whom the decision relates— i: holds a visa to travel to New Zealand; or ii: has been granted entry permission; or iii: is a person to whom a visa waiver applies; but b: may not make a decision under subsection (1)(b) or (c) if the person to whom the decision relates is— i: a New Zealand citizen who, before boarding the craft, holds and produces a New Zealand passport; or ii: a New Zealand citizen who, before boarding the craft, holds and produces a foreign passport containing an endorsement of a type described in section 384 iii: a New Zealand citizen who, before boarding the craft, produces a returning resident's visa (within the meaning of section 2(1) iv: a permanent resident; or v: a resident visa holder, unless the person has not previously travelled to New Zealand as the holder of that visa and the visa was granted outside New Zealand. 4: A person in relation to whom a decision is made under subsection (1)— a: may not appeal the decision to any court, the Tribunal, the Minister, or otherwise: b: may bring review proceedings in relation to the decision only on the grounds that he or she is a person in relation to whom that decision should not have been made because he or she is a person to whom subsection (3)(b) applies. 5: The chief executive is not obliged to give reasons for a decision made under subsection (1) other than that subsection (1) applies, and section 23 6: Nothing in section 305 1987 No 74 s 125AB Section 97 heading replaced 28 September 2017 section 271(1) Intelligence and Security Act 2017 Section 97(1) replaced 28 September 2017 section 271(2) Intelligence and Security Act 2017 Section 97(2)(a) replaced 28 September 2017 section 271(3) Intelligence and Security Act 2017 Section 97(6) replaced 28 September 2017 section 271(4) Intelligence and Security Act 2017 97A: Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand 1: The chief executive may decide that a person in relation to whom information has been received under section 96(2) a: may board the craft; or b: may not board the craft; or c: may board the craft only if he or she complies with conditions specified by the chief executive. 2: The chief executive may make a decision under subsection (1)(b) or (c) only if the chief executive has reason to believe that the person is attempting to travel on— a: a lost, stolen, or invalid passport or certificate of identity; or b: a forged, false, fraudulently obtained, or improperly altered passport or certificate of identity; or c: a passport or certificate of identity that does not relate to that person. 3: The chief executive— a: must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) b: may do so in any form that he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and c: may do so in any manner that he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification. 4: Nothing in section 305 Section 97A inserted 28 September 2017 section 272 Intelligence and Security Act 2017 98: Grant of entry permission outside New Zealand 1: An immigration officer may grant entry permission to a person outside New Zealand if the person— a: is the holder of a visa (other than a transit visa); and b: is in a place designated by the chief executive under section 383 c: has applied for entry permission in the prescribed manner. 2: If a person outside New Zealand does not apply for entry permission under subsection (1)(c), section 103 99: New Zealand citizen may confirm citizenship before arrival in New Zealand 1: A New Zealand citizen who intends entering New Zealand as a New Zealand citizen may, before boarding a craft for the purpose of travelling to New Zealand, comply with any requirements prescribed for the purpose of confirming a person's status as a New Zealand citizen. 2: Otherwise, the person must fulfil the corresponding responsibility under section 103(1)(e) 3: Subsections (4) and (5) apply to a person who— a: intends to enter New Zealand as a New Zealand citizen; and b: presents one of the following types of passport before boarding a craft for the purpose of travelling to New Zealand: i: a New Zealand passport; or ii: a foreign passport containing an endorsement of a type described in section 384 iii: a foreign passport containing a returning resident's visa (within the meaning of section 2(1) 4: The person may, before boarding the craft, allow himself or herself to be photographed to confirm his or her New Zealand citizenship. 5: Otherwise, the person must fulfil the corresponding requirement under section 104 6: A photograph taken under subsection (4) (including any electronic record of the photograph) may be compared with— a: information in the person's passport; or b: information held by the department of State for the time being responsible for the administration of the Passports Act 1992 c: if the person does not hold a New Zealand passport, information held by the Department. 7: A photograph taken under subsection (4) must not be retained by the Department if the fact of the person’s New Zealand citizenship is confirmed. 8: A photograph taken under subsection (4) that does not confirm the fact of the person's New Zealand citizenship may be retained for the purposes of administering this Act. 100: Collection of biometric information from proposed arrivals 1: A person who is proposing to board a craft for the purposes of travelling to New Zealand must allow biometric information to be collected from him or her. 2: The requirement in subsection (1) does not apply if the person is exempt from providing the information in accordance with regulations made under section 400(l) 3: If the person fails to allow the biometric information to be collected, the chief executive may decide that the person— a: may not board the craft; or b: may board the craft only if the person complies with conditions specified by the chief executive. 4: Nothing in this section applies to a person who, before boarding the craft, holds and produces— a: a New Zealand passport; or b: a foreign passport containing an endorsement of a type described in section 384 c: a foreign passport containing a returning resident's visa (within the meaning of section 2(1) Section 100 Obligations in relation to craft coming to New Zealand 101: Obligations in relation to craft en route to or arriving in New Zealand 1: Except as provided in regulations made under this Act, the carrier, and the person in charge, of any craft that is en route to New Zealand or that berths, lands, or arrives in New Zealand from another country have the following responsibilities: a: to ensure that all persons boarding the craft have the prescribed documentation for immigration purposes: b: on arrival of the craft at a place that is or contains an immigration control area,— i: to produce for inspection such prescribed documents as an immigration officer may specify; and ii: if applicable, to prevent, with such reasonable force as may be necessary, the disembarkation of any person from the craft otherwise than into an immigration control area: c: subject to sections 17(3) 22 section 103(1)(b) d: if a stowaway has been found on the craft, to report that fact to an immigration officer as soon as practicable. 2: In addition to any obligations under section 102 a: in the case of a craft that is not a commercial passenger aircraft on a scheduled international service, to supply on demand by an immigration officer a list giving such details as the officer may specify concerning every person (whether a member of the crew or a passenger) who has been on board the craft since its last port of call: b: in the case of a commercial passenger aircraft on a scheduled international service, to supply such available information as may be required by an immigration officer relating to any person who may have been on board the craft since its last place of call. 3: Once a craft that is en route to New Zealand has entered the territorial limits of New Zealand, the person in charge of the craft is, for the purpose of ensuring or facilitating compliance with this Act, responsible for preventing, with such reasonable force as may be necessary, the disembarkation of any person from the craft other than for the purpose of carrying out the person’s responsibilities under section 103 4: Subsections (1) to (3) are subject to any applicable special direction or to regulations made under section 400 5: 1987 No 74 s 125(1), (2) Section 101(1)(c) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 101(5) repealed 28 September 2017 section 273 Intelligence and Security Act 2017 102: Obligations of carriers, and persons in charge, of craft to provide information 1: The purpose of this section is to facilitate— a: the exercise or performance of powers, functions, or duties under this Act: b: the prevention, detection, investigation, prosecution, and punishment of immigration offences: c: the protection of border security. 2: A carrier, and a person in charge, of a commercial craft who is required under section 96 a: travelling to New Zealand, including persons who did not board the craft for any reason (including because of a decision made by the chief executive under section 97 b: travelling from New Zealand, including persons who did not board the craft for any reason (including because of a decision made by the chief executive under section 97A 3: The chief executive may, by notice in writing, in any specified circumstances, exempt a carrier, or a person in charge, of a commercial craft from complying with some or all of the requirements under subsection (2). 4: Despite being granted an exemption, a carrier, or a person in charge, of a commercial craft must provide to the chief executive— a: some or all of the information required under subsection (2)(a) if requested by the chief executive not more than 14 days before or after the arrival of the craft in New Zealand; or b: some or all of the information required under subsection (2)(b) if requested by the chief executive not more than 14 days before or after the departure of the craft from New Zealand. 5: Information required under subsection (2) or (4) must be provided, or otherwise made available,— a: in a form and manner approved by the chief executive; and b: on the date, or at the time, specified by the chief executive; and c: for the period, if any, specified by the chief executive. 6: Information provided or otherwise made available to the chief executive under this section may be retained by the chief executive for any of the purposes listed in subsection (1). Section 102 replaced 6 June 2015 section 28 Immigration Amendment Act 2015 Section 102(2) replaced 28 September 2017 section 274 Intelligence and Security Act 2017 Section 102(3) replaced 28 September 2017 section 274 Intelligence and Security Act 2017 Section 102(4) replaced 28 September 2017 section 274 Intelligence and Security Act 2017 Obligations on persons arriving in New Zealand 103: Obligations on persons arriving in New Zealand 1: Except as provided in regulations made under this Act, or in any special direction, every person who arrives in New Zealand from another country has the following responsibilities: a: if the person arrives at an immigration control area, to present himself or herself to an immigration officer without delay: b: if the person arrives at a place other than an immigration control area, to present himself or herself in the prescribed manner within the prescribed time: c: to apply for a visa in the prescribed manner, if the person is a person to whom a visa waiver applies: d: to apply for entry permission in the prescribed manner unless— i: the person is a New Zealand citizen and holds and produces a New Zealand passport; or ii: the person is a New Zealand citizen and holds and produces a foreign passport containing an endorsement of a type described in section 384 iii: the person is a New Zealand citizen and holds and produces a foreign passport containing a returning resident's visa (within the meaning of section 2(1) iv: the person is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies: da: to produce, on demand by an immigration officer, the person's passport or certificate of identity and any travel tickets held by the person: e: in the case of a New Zealand citizen who is entering New Zealand as a New Zealand citizen, to comply with any requirements prescribed for the purpose of confirming the person’s status as a New Zealand citizen: f: to comply with any direction of an immigration officer to remain in the immigration control area or other prescribed place, or a specified part of the area or place: g: to comply with any other directions of an immigration officer while in an immigration control area. 2: However, the obligation in subsection (1)(e) does not apply if the person, before arriving in New Zealand, has already complied with those requirements in accordance with section 99 3: Where a person arriving in New Zealand is, by reason of age or disability, incapable of complying with any of the requirements of subsection (1), it is the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person’s behalf. 4: Every passport or certificate of identity produced by a person to an immigration officer under this section— a: must, if the person is a New Zealand citizen or is granted entry permission, be returned to the person before the person leaves the immigration control area; or b: if the person is refused entry permission, may be retained by the immigration officer, but must be returned to the person on the person’s departure from New Zealand. 5: To avoid doubt, a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen must apply for entry permission in the prescribed manner. 1987 No 74 s 126(1), (3) Section 103(1)(d)(iv) replaced 6 November 2015 section 29(1) Immigration Amendment Act 2015 Section 103(1)(da) inserted 7 May 2015 section 29(2) Immigration Amendment Act 2015 104: New Zealand citizens arriving in New Zealand to be photographed 1: Subsection (2) applies to a person who— a: arrives in New Zealand; and b: is entering New Zealand as a New Zealand citizen; and c: presents one of the following types of passport: i: a New Zealand passport; or ii: a foreign passport containing an endorsement of a type described in section 384 iii: a foreign passport containing a returning resident's visa (within the meaning of section 2(1) 2: The person must allow himself or herself to be photographed to confirm his or her New Zealand citizenship. 3: A photograph taken under subsection (2) (including any electronic record of the photograph) may be compared with— a: information in the person's passport; or b: information held by the department of State for the time being responsible for the administration of the Passports Act 1992 c: if the person does not hold a New Zealand passport, information held by the Department. 4: A photograph taken under subsection (2) must not be retained by the Department if the fact of the person’s New Zealand citizenship is confirmed. 5: A photograph taken under subsection (2) that does not confirm the fact of the person’s New Zealand citizenship may be retained for the purposes of administering this Act. 6: The obligation in subsection (2)— a: is in addition to any requirements prescribed for the purposes of section 103(1)(e) b: is subject to any prescribed exemptions made in accordance with section 402(l) 7: However, the obligation in subsection (2) does not apply if the person, before arriving in New Zealand, has already allowed himself or herself to be photographed in accordance with section 99 Section 104 105: Responsibilities of internationally ticketed passengers travelling by air within New Zealand 1: Where an internationally ticketed passenger is using air travel for a domestic sector, this section applies to the passenger from the time at which the passenger enters the departure hall at the commencement of the domestic sector until the time at which he or she leaves the arrival hall at the end of the domestic sector. 2: Every person to whom this section applies must produce for inspection on demand by an immigration officer the person’s passport or certificate of identity and the person’s boarding pass or travel tickets, or both, to enable the officer to determine whether the person is entitled to be in New Zealand with or without a visa under this Act. 3: Every passport, certificate of identity, boarding pass, or travel ticket produced by a person to an immigration officer under subsection (2)— a: must, if the person is a New Zealand citizen or holds a visa and has been granted entry permission, be inspected immediately and returned to the person as soon as the inspection is concluded; or b: may, if the person does not hold a visa or has not been granted entry permission, be retained by the immigration officer, but must be returned to the person on the person’s departure from New Zealand. 4: In this section and section 106 customs airport section 55 domestic passenger a: means a passenger who has an entitlement to air travel for a domestic sector on either— i: an aircraft that begins its journey outside New Zealand and, in the course of that journey, enters New Zealand and travels between at least 2 customs airports in New Zealand; or ii: an aircraft that begins its journey at a customs airport in New Zealand and, in the course of that journey, travels to at least 1 other customs airport in New Zealand before leaving New Zealand; but b: does not include an internationally ticketed passenger domestic sector internationally ticketed passenger a: began outside New Zealand; or b: began inside New Zealand and is to continue outside New Zealand. 1987 No 74 s 126A Section 105(4) customs airport amended 1 October 2018 section 443(3) Customs and Excise Act 2018 106: Responsibilities of domestic passengers travelling by air within New Zealand 1: Where any domestic passenger is using air travel for a domestic sector, this section applies to the passenger from the time at which the passenger enters the departure hall at the commencement of the domestic sector until the time at which he or she leaves the arrival hall at the end of the domestic sector. 2: Every person to whom this section applies must— a: produce for inspection on demand by an immigration officer the following documents as the officer may specify: i: the person’s boarding pass: ii: the person’s travel tickets: iii: if carried by the person, his or her passport or certificate of identity: iv: any other prescribed document; or b: if the person is unable to produce the specified document or documents, complete a form approved and issued for the purpose by the chief executive under section 381 3: A demand under subsection (2) may be made of a person only for the purpose of enabling the immigration officer to establish the person’s identity or the person’s entitlement to air travel for a domestic sector, or both. 4: Every boarding pass, travel ticket, passport, certificate of identity, or other document produced by a person to an immigration officer under subsection (2) must be either— a: inspected immediately and returned to the person as soon as the inspection has concluded; or b: retained by the immigration officer for as long as is necessary for the officer to determine whether he or she wishes to exercise any power under this Act in relation to the person or the document. 5: Nothing in this section limits the exercise by an immigration officer of any power contained in any other provision of this Act. 1987 No 74 s 126B Entry permission 107: Effect of entry permission or refusal of entry permission 1: A person granted entry permission to New Zealand may enter New Zealand. 2: The grant of entry permission has no effect unless the person also holds a visa. 3: Entry permission is granted by the Minister or an immigration officer. 4: The effect of a refusal to grant a person entry permission to New Zealand is that— a: any visa the person holds is cancelled; and b: if the person has arrived in New Zealand, the person is liable for turnaround. 108: Decisions on entry permission in relation to residence class visa holders 1: The holder of a permanent resident visa must be granted entry permission. 2: The holder of a resident visa granted in New Zealand must be granted entry permission. 3: The holder of a resident visa granted outside New Zealand must be granted entry permission if it is his or her second or subsequent entry to New Zealand as the holder of the visa. 4: If the holder of a resident visa granted outside New Zealand intends travelling to New Zealand for the first time as the holder of the visa and applies for entry permission under section 98(1) a: the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,— i: grant entry permission to the person; or ii: refuse entry permission to the person; and b: the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa. 5: If the holder of a resident visa arrives in New Zealand for the first time as the holder of the visa and the visa was granted outside New Zealand,— a: the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,— i: grant entry permission to the person; or ii: refuse entry permission to the person; and b: the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa. 6: The Minister's or immigration officer's decision under subsection (4)(a) or (5)(a) must be made, and any discretion exercised, in terms of the residence instructions applicable at the time the person applied for the visa. 7: For the purposes of subsections (4) and (5), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and, subject to section 187(1)(c) a: a decision to grant the visa holder entry permission: b: a decision to grant the visa holder entry permission, but to impose, vary, or cancel any conditions of the visa. 8: Subsection (7) does not limit or affect the right of the person to bring review proceedings. 9: Nothing in this section prevents the Minister, in his or her absolute discretion, from granting entry permission to a person as an exception to residence instructions. 109: Decisions on entry permission in relation to temporary entry class visa holders 1: The Minister or, subject to any special direction, an immigration officer may, in his or her discretion,— a: grant the holder of a temporary entry class visa entry permission on the basis of his or her visa; or b: in accordance with section 82 c: refuse the holder of a temporary entry class visa entry permission. 2: The Minister or an immigration officer may, in his or her discretion, grant the holder of a temporary entry class visa entry permission on the basis of his or her visa but impose further conditions, or vary or cancel any conditions that would otherwise apply to the visa. 3: The Minister may also, by special direction, impose further conditions on a temporary entry class visa subject to restricted temporary entry instructions, or vary or cancel any conditions that would otherwise apply to the visa, and grant the holder entry permission. 4: A decision under subsection (1) that relates to a temporary entry class visa of a type subject to restricted temporary entry instructions must be made in terms of the temporary entry instructions applicable at the time the person applied for the visa. 5: For the purposes of subsections (1) to (3), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and no appeal lies against his or her decision, whether to a court, the Tribunal, the Minister, or otherwise: a: a decision to grant the visa holder entry permission on the basis of the existing temporary entry class visa: b: a decision to grant the visa holder entry permission on the basis of the existing temporary entry class visa, but to impose, vary, or cancel conditions relating to stay in New Zealand: c: a decision to refuse the visa holder entry permission. 6: Subsection (5) 7: Nothing in this section prevents— a: the Minister or an immigration officer, in his or her discretion, from granting entry permission to the holder of a temporary entry class visa (other than a holder of a temporary entry class visa of a type subject to restricted temporary entry instructions) as an exception to temporary entry instructions: b: the Minister, in his or her absolute discretion, from granting entry permission to the holder of a temporary entry class visa of a type subject to restricted temporary entry instructions, as an exception to the restricted temporary entry instructions. Section 109(6) amended 7 May 2015 section 30 Immigration Amendment Act 2015 109A: Form of entry permission 1: Entry permission is granted by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive. 2: Entry permission may (but need not) be evidenced by an endorsement in a passport or certificate of identity. 3: To avoid doubt, no electronic or physical record is required to be created for entry permission that is deemed to be granted by or under this Act. Section 109A inserted 7 May 2015 section 31 Immigration Amendment Act 2015 110: Applicant for entry permission to provide address A person who applies for entry permission must provide a contact address and an address for service. a: b: c: Section 110 amended 7 May 2015 section 32(1) Immigration Amendment Act 2015 Section 110(a) repealed 7 May 2015 section 32(2) Immigration Amendment Act 2015 Section 110(b) repealed 7 May 2015 section 32(2) Immigration Amendment Act 2015 Section 110(c) repealed 7 May 2015 section 32(2) Immigration Amendment Act 2015 111: Collection of biometric information 1: An immigration officer may require a person who applies for entry permission (irrespective of whether the application is still being considered, or whether entry permission has been granted or refused) to provide biometric information— a: at any time before the person leaves the immigration control area, designated place, or prescribed place at which the application is made; and b: if the application is not made in New Zealand, at any time before the person leaves the immigration control area or prescribed place at which he or she arrives in New Zealand. 2: If a person refuses to allow the biometric information to be collected, the Minister or an immigration officer may— a: refuse to grant entry permission; or b: revoke any entry permission already granted. 3: Entry permission may be revoked at any time before the person leaves the immigration control area, designated place, or prescribed place. 4: A revocation under this section is made by entry on the records of the Department, and takes effect immediately. 5: This section does not apply to persons who, in accordance with regulations made under section 400(l) 6: In this section, designated place section 383 Section 111 replaced 7 May 2015 section 33 Immigration Amendment Act 2015 112: Obligation to inform of all relevant facts, including changed circumstances 1: It is the responsibility of an applicant for entry permission to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made. 2: The Minister or immigration officer considering the application— a: is not obliged to seek any further information, evidence, or submissions; and b: may determine the application on the basis of the information, evidence, and submissions provided. 3: It is also the responsibility of an applicant for entry permission to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that has occurred between the grant of a visa and the application for entry permission on the basis of that visa, if that fact or change in circumstances may affect the decision on the application. 4: Without limiting the scope of the expression material change in circumstances 5: Failure to comply with the obligation set out in subsection (3) must be treated as concealing relevant information section 157 158 6: It is sufficient grounds for the Minister or an immigration officer to refuse a: in applying for entry permission, whether personally or through an agent, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the permission; or b: did not ensure that the Minister or an immigration officer was informed of any material change in circumstances (within the meaning of subsection (3)) between the time of being granted a visa and the time of applying for entry permission. Section 112(5) amended 7 May 2015 section 34(1) Immigration Amendment Act 2015 Section 112(6) amended 7 May 2015 section 34(2) Immigration Amendment Act 2015 113: Revocation of entry permission for administrative error 1: An immigration officer may revoke a person's entry permission if the immigration officer believes on reasonable grounds that the entry permission was granted as a result of an administrative error. 2: Entry permission may be revoked at any time before the person leaves the immigration control area where the error was made. 3: If the person has been granted entry permission outside New Zealand, entry permission may be revoked at any time before— a: the person leaves the place designated by the chief executive under section 383 b: the person leaves the arrival hall of the airport or port at which he or she arrived in New Zealand. 4: A revocation under this section is made by entry on the records of the Department, and takes effect immediately. 113A: Revocation of deemed entry permission 2023-05-16 Immigration Act 2009 Section 113A is repealed at the close of 15 May 2023. Section 113A repealed the close of 15 May 2023 Turnaround provisions 114: Person failing to present and apply for entry permission A constable may arrest a person, and present him or her to an immigration officer for the purposes of making decisions in relation to the person under this Act, if the constable has good cause to suspect that— a: the person arrived in New Zealand from another country elsewhere than at an immigration control area or other prescribed place, and did not comply with the requirements of section 103 b: the person recently arrived in New Zealand from another country elsewhere than at an immigration control area or other prescribed place and will not comply with the requirements of section 103 c: the person arrived in New Zealand from another country at an immigration control area or other prescribed place and did not comply with the requirements of section 103 1987 No 74 s 126(6) 115: Arrest, detention, and turnaround of persons 1: This section applies to any person arriving in New Zealand from another country who— a: is a person to whom a visa waiver applies and who fails to apply for a visa and entry permission or is refused a visa; or b: is not a person to whom a visa waiver applies and is not the holder of a visa granted under this Act; or c: holds a visa but— i: the visa is subsequently cancelled under section 64(1)(b), (c), (d), or (e) ii: the visa is cancelled under section 67 d: is a stowaway; or e: after arriving in New Zealand, is a person whose transit visa is cancelled by an immigration officer under section 90 f: is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies, and the transit period concerned has expired. 2: The person— a: is, for the purposes of this Act, unlawfully in New Zealand; and b: does not have any rights of appeal on humanitarian grounds so long as this section applies to the person; and c: is liable to be arrested and detained under Part 9 d: is liable for turnaround. Section 115(1)(f) replaced 6 November 2015 section 35 Immigration Amendment Act 2015 116: When section 115 ceases to apply to person 1: Section 115 a: the expiry of 72 hours after the person (including a stowaway) first reports or presents to an immigration officer after arriving in New Zealand, unless that person is sooner arrested and detained or otherwise dealt with under Part 9 b: in the case of a person whose visa is deemed to be cancelled under section 64(1)(d)(ii) Part 9 c: the person being granted a visa and entry permission: d: the expiry of a warrant of commitment issued under section 317 318 Part 9 section 315 e: in the case of a person detained under a mass arrival warrant issued under section 317B section 317 317E 318 323 Part 9 section 315 2: This section is subject to section 117 3: For the purposes of this section, a stowaway is deemed to arrive in New Zealand at the time when the craft on which the stowaway is travelling crosses into the territorial limits of New Zealand. 1987 No 74 s 128(1)–(5) Section 116(1)(e) inserted 19 June 2013 section 17 Immigration Amendment Act 2013 117: When turnaround ceases to apply to person remanded in custody or imprisoned 1: Subsection (2) applies to a person who is— a: liable for turnaround; and b: remanded in custody for suspected criminal offending, or imprisoned in a prison for criminal offending. 2: The person remains liable for turnaround until the expiry of 72 hours after the person is released from custody or imprisonment. 3: Subsection (4) applies to a person who is liable for turnaround and who is arrested and detained not later than 72 hours after he or she has been released from custody or imprisonment for suspected criminal offending, or criminal offending. 4: The person remains liable for turnaround until the earliest a: the person is granted a visa and entry permission: b: the expiry of a warrant of commitment issued under section 317 318 Part 9 section 315 c: in the case of a person detained under a mass arrival warrant issued under section 317B section 317 317E 318 323 Part 9 section 315 Section 117(4) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Section 117(4)(c) inserted 19 June 2013 section 17 Immigration Amendment Act 2013 Obligations in relation to departure from New Zealand 118: Obligations of carriers, and persons in charge, of craft 1: The carrier, and the person in charge, of a craft leaving New Zealand have the following responsibilities: a: to allow the following persons to board the craft for passage from New Zealand: i: any person being deported: ii: any person liable for turnaround: b: in respect of such a person who is delivered to the craft by a constable or an immigration officer, to take all such reasonable steps (including the use of reasonable force) as may be necessary to detain that person on board the craft until it has left the territorial limits of New Zealand: c: to report to an immigration officer immediately before the departure of the craft details of any crew member or person of a class prescribed for the purposes of this section who— i: was on board the craft when it arrived in New Zealand; and ii: is not then on board the craft. 2: The carrier of a craft leaving New Zealand also has the following responsibilities: a: to provide passage from New Zealand at the cost in all respects of the carrier, or to bear the cost of passage from New Zealand by any other carrier, of any person— i: who was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and did not hold a visa permitting travel to New Zealand and who, on arrival in New Zealand, was— A: refused a visa and entry permission; or B: granted a visa and entry permission, but then had that entry permission revoked; or ii: who arrived in New Zealand as a member of the crew of the craft, or of any other craft operated by the carrier, and who remained unlawfully in New Zealand after the departure of that craft: b: to pay any costs incurred by the Crown in detaining and maintaining a person described in paragraph (a) pending the person's departure from New Zealand. 3: Subsections (1) and (2) are subject to any applicable special direction or to regulations made under section 400 4: The responsibility of the carrier and person in charge under subsection (1)(a) is not affected by the class or type of seat available on the craft, but is subject to— a: the safety of the craft; and b: the safety of the other persons on the craft; and c: in relation to a person being deported, an offer to pay the cost of passage having been received. 1987 No 74 s 125(3), (4), (5) Section 118(2)(a)(i) replaced 7 May 2015 section 36 Immigration Amendment Act 2015 119: Obligations of persons leaving New Zealand 1: Except as provided in regulations made under this Act, or in any special direction, every person leaving New Zealand has the following responsibilities: a: to present himself or herself to an immigration officer at an immigration control area or any other prescribed place: b: to comply with any direction of an immigration officer while at such an area or place: c: to provide such information and complete such documentation as may be prescribed. 2: Where a person leaving New Zealand is, by reason of age or disability, incapable of complying with any of the requirements of subsection (1), it is the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person’s behalf. 1987 No 74 s 126(2), (3) 120: Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected 1: A person leaving New Zealand who is not a New Zealand citizen must allow biometric information to be collected from him or her. 2: The requirement in subsection (1) does not apply if the person is exempt from providing the information in accordance with regulations made under section 400(l) Special provision for emergencies, etc 121: Persons deemed not to leave New Zealand in certain circumstances 1: For the purposes of this Act, a person is deemed not to leave New Zealand if he or she departs for another country on any craft and, before arriving in another country,— a: is forced to return to New Zealand by reason of any emergency affecting the craft; or b: returns to New Zealand because of any other emergency or circumstances beyond that person’s control. 2: Subsection (1) does not apply to a person liable for turnaround. 122: Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control Subject to sections 15 and 16 a: before arriving in any other country is forced to return, or returns, to New Zealand by reason of any emergency affecting the craft, or because of any other emergency or circumstances beyond the person’s control; and b: the person’s visa has expired, or is due to expire, at any time between the person’s departure from New Zealand and the date 14 days after the person’s return to New Zealand,— an immigration officer must, on application by the person, grant him or her a temporary entry class visa (current until a date not earlier than the 14th day following that return) and entry permission. 1987 No 74 s 127 Protection for carriers, and persons in charge, of craft 123: Protection for carriers, and persons in charge, of craft A person who in good faith imposes reasonable measures, including restraint or reasonable force, on another person in accordance with his or her responsibilities under section 101 118 1987 No 74 s 125(9) 5: Refugee and protection status determinations 124: Purpose of Part The purpose of this Part is to provide a statutory basis for the system by which New Zealand— a: determines to whom it has obligations under the United Nations Convention Relating to the Status of Refugees and the Protocol Relating to the Status of Refugees; and b: codifies certain obligations, and determines to whom it has these obligations, under— i: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: ii: the International Covenant on Civil and Political Rights. 1987 No 74 s 129A 125: Refugee or protection status to be determined under this Act 1: Every person who seeks recognition as a refugee in New Zealand under the Refugee Convention must have that claim determined in accordance with this Act. 2: Every person who seeks recognition as a protected person in New Zealand must have that claim determined in accordance with this Act. 3: Every question as to whether a person should continue to be recognised as a refugee in New Zealand or as a protected person in New Zealand must be determined in accordance with this Act. 4: Nothing in subsection (1) affects section 126 1987 No 74 s 129C 126: Recognition of refugees selected outside New Zealand A person must be recognised as a refugee in New Zealand, without the need for submission and determination of a claim under this Part, if, whether before or after the commencement of this section, he or she has been— a: recognised as a refugee outside New Zealand; and b: brought to New Zealand under a government mandated programme on the basis of that recognition. 1987 No 74 s 129L(2) 127: Context for decision making 1: Every claim under this Part must be determined by a refugee and protection officer. 2: In carrying out his or her functions under this Act, a refugee and protection officer must act— a: in accordance with this Act; and b: to the extent that a matter relating to a refugee or a person claiming recognition as a refugee is not dealt with in this Act, in a way that is consistent with New Zealand's obligations under the Refugee Convention. 3: The text of the Refugee Convention is set out in Schedule 1 1987 No 74 s 129D 128: Matter not finally determined until expiry of appeal period or when appeal determined A matter under this Part must not be treated as finally determined until— a: the expiry of the appeal period for any appeal relating to the matter; or b: if a person lodges an appeal, the appeal is determined. Claims for recognition as refugee or protected person 129: Recognition as refugee 1: A person must be recognised as a refugee in accordance with this Act if he or she is a refugee within the meaning of the Refugee Convention. 2: A person who has been recognised as a refugee under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(3) 130: Recognition as protected person under Convention Against Torture 1: A person must be recognised as a protected person in New Zealand under the Convention Against Torture if there are substantial grounds for believing that he or she would be in danger of being subjected to torture if deported from New Zealand. 2: Despite subsection (1), a person must not be recognised as a protected person in New Zealand under the Convention Against Torture if he or she is able to access meaningful domestic protection in his or her country or countries of nationality or former habitual residence. 3: For the purposes of determining whether there are substantial grounds for belief under subsection (1), the refugee and protection officer concerned must take into account all relevant considerations, including, if applicable, the existence in the country concerned of a consistent pattern of gross, flagrant, or mass violations of human rights. 4: A person who has been recognised as a protected person under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(4) 5: In this section, torture 131: Recognition as protected person under Covenant on Civil and Political Rights 1: A person must be recognised as a protected person in New Zealand under the Covenant on Civil and Political Rights if there are substantial grounds for believing that he or she would be in danger of being subjected to arbitrary deprivation of life or cruel treatment if deported from New Zealand. 2: Despite subsection (1), a person must not be recognised as a protected person in New Zealand under the Covenant on Civil and Political Rights if he or she is able to access meaningful domestic protection in his or her country or countries of nationality or former habitual residence. 3: For the purposes of determining whether there are substantial grounds for belief under subsection (1), the refugee and protection officer concerned must take into account all relevant considerations, including, if applicable, the existence in the country concerned of a consistent pattern of gross, flagrant, or mass violations of human rights. 4: A person who has been recognised as a protected person under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(4) 5: For the purposes of this section,— a: treatment inherent in or incidental to lawful sanctions is not to be treated as arbitrary deprivation of life or cruel treatment, unless the sanctions are imposed in disregard of accepted international standards: b: the impact on the person of the inability of a country to provide health or medical care, or health or medical care of a particular type or quality, is not to be treated as arbitrary deprivation of life or cruel treatment. 6: In this section, cruel treatment 132: Claims not to be accepted from certain persons 1: A refugee and protection officer must not consider a claim by a person who is— a: a New Zealand citizen; or b: a resident or permanent resident, unless— i: the person has been served with a deportation liability notice; or ii: the person is named in an Order in Council made under section 163 2: Nothing in this section affects the power of a refugee and protection officer to re-open a claim for further consideration under any of sections 143 to 147 1987 No 74 s 129K 133: How claim made 1: A claim is made as soon as a person signifies his or her intention to seek recognition as a refugee or a protected person in New Zealand to a representative of the Department or to a constable. 2: Once a claim is made, the claimant must, on request by a representative of the Department, confirm the claim in writing in the prescribed manner. 3: A claimant must as soon as possible endeavour to provide to a refugee and protection officer all information relevant to his or her claim, including— a: a statement of the grounds for the claim seeking recognition as a refugee or a protected person; and b: a statement of any grounds for any other potential claim seeking recognition as a refugee or a protected person. 4: If a claimant is aware that any member of his or her immediate family who is in New Zealand is seeking recognition as a refugee or a protected person, the claimant must, as soon as possible after making a claim, inform a refugee and protection officer and, if possible, state whether the family member's claim is on different grounds. 5: A claimant must provide a refugee and protection officer with a contact address and an address for service. 1987 No 74 s 129G(1)–(4) Section 133(5) replaced 7 May 2015 section 37 Immigration Amendment Act 2015 134: Whether to accept claim for consideration 1: In determining whether to accept a claim for consideration, a refugee and protection officer may take into account whether,— a: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: b: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for protection in another country: c: 1 or more of the circumstances relating to the claim were brought about by the claimant— i: acting otherwise than in good faith; and ii: for a purpose of creating grounds for recognition under section 129 2: A refugee and protection officer may decline to accept a claim for consideration where,— a: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: b: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for protection in another country. 3: A refugee and protection officer must decline to accept for consideration a claim for recognition as a refugee if the officer is satisfied that 1 or more of the circumstances relating to the claim were brought about by the claimant— a: acting otherwise than in good faith; and b: for a purpose of creating grounds for recognition under section 129 4: For the purposes of determining the matter in subsection (3), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. 5: In this section, international arrangement or agreement a: between New Zealand and 1 or more other countries in respect of the processing of claims for refugee or protection status; and b: that was entered into only after the Minister was satisfied that— i: the country is a party to the Refugee Convention, the Convention Against Torture, and the Covenant on Civil and Political Rights; and ii: the country has appropriate processes for dealing with refugee and protection claims. 135: Claimant responsible for establishing claim 1: It is the responsibility of a claimant to establish his or her claim for recognition under section 129 130 131 2: To this end, the claimant must ensure that, before a refugee and protection officer makes a determination on his or her claim, all information, evidence, and submissions— a: that the claimant wishes to have considered in support of the claim are provided to the refugee and protection officer; and b: that the claimant would wish to have considered in support of any other potential claim under section 129 130 131 1987 No 74 s 129G(5) 135A: Suspension of determination of claim 1: This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400 2: For the duration of the suspension, a refugee and protection officer must not— a: determine the claim in accordance with sections 136 137 b: make a decision on the claim in accordance with section 138 Section 135A inserted 19 June 2013 section 7 Immigration Amendment Act 2013 136: How refugee and protection officer to determine claim 1: For the purpose of determining a claim, a refugee and protection officer must determine the matters set out in section 137 2: In doing so, the refugee and protection officer may seek information from any source, but is not obliged to seek any information, evidence, or submissions further to that provided by the claimant. 3: The refugee and protection officer may determine the procedures that will be followed on the claim, subject to— a: this Part; and b: any regulations made for the purposes of this Part; and c: any general instructions given by the chief executive. 4: To avoid doubt, the refugee and protection officer may determine the claim on the basis only of the information, evidence, and submissions provided by the claimant concerned. 1987 No 74 s 129G(6), (7) 137: Matters to be determined by refugee and protection officer 1: For each claim accepted for consideration, a refugee and protection officer must determine, in the following order: a: whether to recognise the claimant as a refugee on the ground set out in section 129 b: whether to recognise the claimant as a protected person on the ground set out in section 130 c: whether to recognise the claimant as a protected person on the ground set out in section 131 2: For each claim accepted for consideration, a refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) or (c), whether there are serious reasons for considering that the claimant has— a: committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or b: committed a serious non-political crime outside New Zealand before entering New Zealand; or c: been guilty of acts contrary to the purposes and principles of the United Nations. 3: To avoid doubt, a determination made under subsection (2)— a: must not be used as grounds to refuse a claim by the person concerned for recognition as a protected person; and b: is relevant only if the person is recognised as a protected person; and c: if answered in the affirmative, requires the Minister to determine the immigration status of the protected person in accordance with section 139 4: For each claim accepted for consideration, a refugee and protection officer must also determine whether the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. 5: To avoid doubt, a refugee and protection officer— a: in determining the matters specified in this section, may make findings of credibility or fact: b: must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds set out in sections 129 to 131 138: Decision on claim 1: A refugee and protection officer must recognise a person as— a: a refugee if satisfied that the grounds for recognition in section 129 b: a protected person if satisfied that the grounds for recognition in section 130 131 2: Despite subsection (1), a refugee and protection officer may refuse to recognise a person as a refugee or a protected person if he or she is satisfied that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. 3: The decision of the refugee and protection officer is final, unless overturned by the Tribunal on appeal under section 194 4: The refugee and protection officer must notify the claimant, in the prescribed manner, of— a: the officer’s decision on the claim; and b: the reasons for the decision, which must contain the information required under section 23 c: the officer’s determination in relation to section 137(2) d: the claimant’s right of appeal to the Tribunal, where a claim for recognition on any ground has been declined. 5: Once a decision on a claim is made and notified to a claimant, any refugee and protection officer may, in his or her absolute discretion, re-open the claim for further consideration under any of sections 143 to 147 1987 No 74 s 129I 139: Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts The Minister must make any decision about a protected person’s immigration status if a refugee and protection officer has determined under section 137(2) 140: Limitation on subsequent claims 1: A refugee and protection officer must not consider a subsequent claim for recognition as a refugee or a protected person a: that there has been a significant change in circumstances material to the claim since the previous claim was determined; and b: the change in 1 or more of the circumstances was not brought about by the claimant— i: acting otherwise than in good faith; and ii: for a purpose of creating grounds for recognition under any of sections 129 to 131 2: For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. 3: A refugee and protection officer may refuse to consider a subsequent claim for recognition as a refugee or a protected person if the officer is satisfied that the claim— a: is manifestly unfounded or clearly abusive; or b: repeats any claim previously made (including a subsequent claim). 1987 No 74 s 129J Section 140(1) amended 19 June 2013 section 8(1) Immigration Amendment Act 2013 Section 140(1)(b)(ii) amended 19 June 2013 section 8(2) Immigration Amendment Act 2013 Section 140(3)(b) replaced 19 June 2013 section 8(3) Immigration Amendment Act 2013 141: Procedure on subsequent claims 1: The procedures specified in sections 135 to 139 section 195 2: In a subsequent claim, a claimant may not challenge any finding of credibility or fact made by a refugee and protection officer (or by a refugee status officer under the former Act) or the Tribunal (or by the Refugee Status Appeals Authority under the former Act) in relation to a previous claim by the claimant, and the refugee and protection officer determining the subsequent claim may rely on those findings. 142: Claim treated as withdrawn if claimant leaves New Zealand If a claimant leaves New Zealand, his or her claim (including any subsequent claim) under this Part must be treated as withdrawn. 1987 No 74 s 129V Cessation or cancellation of recognition 143: Cessation of recognition as refugee or protected person A refugee and protection officer may cease to recognise a person as a refugee or a protected person, as the case may be, if— a: 1 of the following applies: i: the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or ii: the original determination to recognise the person as a refugee was made under the former Act by a refugee status officer or before 1 October 1999; or iii: the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and b: 1 or more of the following apply: i: the Refugee Convention has ceased to apply to the person in terms of Article 1C: ii: there are no longer substantial grounds for believing that the person, if deported from New Zealand, would be in danger of being subjected to torture (as defined in section 130(5) iii: there are no longer substantial grounds for believing that the person, if deported from New Zealand, would be in danger of being subjected to arbitrary deprivation of life or cruel treatment (as defined in section 131(6) 144: Application to Tribunal for cessation of recognition as refugee or protected person 1: A refugee and protection officer may apply to the Tribunal for a determination as to whether a person's recognition as a refugee or a protected person should cease if the original determination to recognise the person as a refugee or a protected person was made by the Tribunal (or by the Refugee Status Appeals Authority under the former Act). 2: On an application made under subsection (1), the Tribunal may cease to recognise a person as a refugee or a protected person if 1 or more of the circumstances referred to in section 143(b) 145: Cancellation of New Zealand citizen's recognition as refugee or protected person A refugee and protection officer may cancel the recognition of a New Zealand citizen as a refugee or a protected person, as the case may be, if— a: 1 of the following applies: i: the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or ii: the original determination to recognise the person as a refugee was made under the former Act by a refugee status officer or before 1 October 1999; or iii: the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and b: 1 or more of the following apply in respect of the person: i: the refugee and protection officer has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information: ii: the person has been convicted of an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information: iii: the refugee and protection officer has determined that the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and c: the refugee and protection officer has determined that the person is not a refugee or a protected person. 146: Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen) 1: A refugee and protection officer may cancel the recognition of a person who is not a New Zealand citizen as a refugee or a protected person, as the case may be, if— a: 1 of the following applies: i: the original determination to recognise the person as a refugee or a protected person was made under this Act; or ii: the original determination to recognise the person as a refugee was made under the former Act or before 1 October 1999; or iii: the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and b: 1 or more of the circumstances referred to in section 145(b) c: the refugee and protection officer has determined that the person is not a refugee or a protected person. 2: A person whose recognition as a refugee or a protected person is cancelled under this section— a: is liable for deportation under section 162 b: has the rights of appeal set out in subsection (2) of that section. 147: Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person 1: A refugee and protection officer may apply to the Tribunal for a determination as to whether the recognition of a New Zealand citizen as a refugee or a protected person should be cancelled if— a: the original determination to recognise the person as a refugee or a protected person was made by the Tribunal; or b: the original determination to recognise the person as a refugee was made by the Refugee Status Appeals Authority under the former Act. 2: On an application made under subsection (1), the Tribunal may cancel the recognition of a New Zealand citizen as a refugee or a protected person, as the case may be, if— a: 1 or more of the following apply in respect of the person: i: the Tribunal has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or ii: the person has been convicted of an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or iii: the Tribunal has determined that the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by the Tribunal or the Refugee Status Appeals Authority for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and b: the Tribunal has determined that the person is not a refugee or a protected person. 148: Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146 When making a determination under section 143 145 146 a: a refugee and protection officer must notify the person concerned of the matter that is being considered; and b: sections 135 136(3) 138(4)(a), (b), and (d) 138(5) 149 Miscellaneous matters 149: Powers of refugee and protection officers 1: In carrying out his or her functions under this Part in relation to a claimant or to a person whose recognition as a refugee or a protected person is being investigated, a refugee and protection officer may— a: require the person to supply such information, and within such times, as the officer reasonably requires: b: require the person to produce such documents in the person’s possession or within the person’s ability to obtain as the officer requires: c: inform the person that any other person may be required to produce or disclose relevant documents or information relating to the person, and require the other person to produce or disclose, as the case may be, any relevant documents or information relating to the person: d: if the officer has good cause to suspect that a person other than the person concerned has in his or her or its e: require the person to allow biometric information to be collected from him or her: f: require the person to attend an interview: g: seek information from any source: h: determine the claim or matter on the basis of the information, evidence, and submissions provided by the person. 2: A person who is requested to produce a document under subsection (1)(d) is not entitled to refuse to comply with the request by reason only that the person concerned has a lien over the document. 3: If a claimant, or a person whose recognition as a refugee or a protected person is being investigated, is detained in custody, a refugee and protection officer may require the person having custody of that person to— a: provide the refugee and protection officer with access to the place where the person is being detained; and b: produce the person for interview; and c: make appropriate facilities available for the interview. 4: Where a person who is required to attend an interview fails to attend at the appointed time and place, the refugee and protection officer may determine the claim or matter without conducting the interview. 1987 No 74 s 129H Section 149(1)(d) amended 7 May 2015 section 38 Immigration Amendment Act 2015 150: Special provision relating to claimants granted temporary visas 1: This section applies to any person who— a: is a claimant to whom a temporary entry class visa has been granted, whether before or after the person became a claimant; or b: having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of his or her claim being declined. 2: A person to whom this section applies may not, either before or after the expiry of the temporary entry class visa,— a: apply for a further visa of any class or type while in New Zealand; or b: while in New Zealand, request a special direction or make a request for the grant of a visa under section 61 c: bring any appeal under section 187 3: Despite subsection (2)(a), a claimant may apply for a further temporary visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her claim is determined. 4: Nothing in this section prevents a person from bringing an appeal to the Tribunal under section 206 5: This section ceases to apply to a person if and when— a: the person is recognised as a refugee or a protected person; or b: the person leaves New Zealand; or c: the person is granted a visa (other than a temporary visa granted under the exception referred to in subsection (3)). 1987, No 74 s 129U 151: Confidentiality to be maintained in respect of claimants, refugees, and protected persons 1: Confidentiality as to the fact that a person is a claimant, a refugee, or a protected person, and as to the particulars relating to the person's claim or status, must at all times during and subsequent to the determination of the claim or other matter be maintained by all persons and, in a particular case, may require confidentiality to be maintained as to the very fact or existence of a claim or case, if disclosure of its fact or existence would— a: tend to identify the person concerned; or b: be likely to endanger the safety of any person. 2: Despite subsection (1), the fact of a claim or particulars relating to a claim may be disclosed— a: for the purposes of determining the claim or matter, administering this Act, or determining any obligations, requirements, or entitlements of the claimant or other person concerned under any other enactment; or b: for the purposes of the maintenance of the law, including for the prevention, investigation, and detection of offences in New Zealand or elsewhere; or c: to the United Nations High Commissioner for Refugees (or a representative of the High Commissioner); or d: if the particulars relating to a claim are published in a manner that is unlikely to allow identification of the person concerned (whether in a published decision of the Tribunal under clause 19 e: if, in the circumstances of the particular case, there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure of the information. 3: In determining whether information may be released under subsection (2)(e), the person considering whether to disclose the information may have regard to the protections that the person, agency, or body to whom the information is disclosed may apply to the information, including— a: any applicable requirements of the Privacy Act 2020 b: any orders of the Tribunal or other court; and c: any protection mechanisms that the person, agency, or body itself must or may apply. 4: If, in relation to a claim or particulars relating to a claim, the test in subsection (2)(e) is satisfied (the person concerned having considered the matters in subsection (3)),— a: the chief executive may publish the decision of a refugee and protection officer relating to the claim if the chief executive determines that, in the circumstances of the particular case, it is in the public interest to do so: b: the Attorney-General may, subject to any orders of the Tribunal, publish the decision of the Tribunal relating to the claim if the Attorney-General determines that, in the circumstances of the particular case, it is in the public interest to do so. 5: To avoid doubt,— a: a refugee and protection officer may disclose information under subsection (2)(a) when carrying out his or her functions under section 136(2) 149(1)(c) or (g) b: the chief executive may disclose information under subsection (2)(a) when collecting information on behalf of the Tribunal under section 229 c: the Tribunal may disclose information under subsection (2)(a) when carrying out its functions under section 228 clause 10(1)(b) and (c) d: for the purposes of determining a claim, or cancelling the recognition of, or ceasing to recognise, a person as a refugee or a protected person, information may be disclosed under subsection (2)(a). 6: Nothing in this section prevents the disclosure of the fact that a person is a claimant, a refugee, or a protected person, or disclosure of particulars in relation to a claimant, a refugee, or a protected person, to the extent that the person concerned— a: has expressly waived his or her right to confidentiality under this section; or b: by his or her words or actions, impliedly waived his or her right to confidentiality under this section. Section 151(3)(a) amended 1 December 2020 section 217 Privacy Act 2020 152: Disclosure of information about claimant, refugee, or protected person by government agencies 1: An officer or employee of any government agency may, for the purpose of assisting a refugee and protection officer or the Tribunal to determine a claim or investigate a matter involving a claimant or a refugee or a protected person in New Zealand, disclose information about that claimant, refugee, or person to the refugee and protection officer or the Tribunal. 2: When requesting the assistance, the refugee and protection officer or the Tribunal must— a: inform the other officer or employee of the requirements of confidentiality in section 151 b: require that officer or employee not to disclose information of the kind described in section 151(1) 3: To avoid doubt, a refugee and protection officer or the Tribunal does not breach section 151 6: Deportation 153: Purpose of Part 1: The purpose of this Part is to support the integrity of New Zealand's immigration system and the security of New Zealand by providing for the deportation of certain persons from New Zealand. 2: To this end, this Part— a: specifies when a person is liable for deportation; and b: specifies how that liability must be communicated to the person; and c: sets out the consequences of the liability for the person; and d: specifies the only situations in which an appeal right exists in respect of that liability; and e: provides for the person's deportation to be executed without the need for further inquiries if no appeal is made or an appeal is unsuccessful. Liability for deportation 154: Deportation liability if person unlawfully in New Zealand 1: A person unlawfully in New Zealand is liable for deportation. 2: A person unlawfully in New Zealand may, not later than 42 days after first becoming unlawfully in New Zealand, appeal on humanitarian grounds against his or her liability for deportation. 3: Subsection (2) applies except if subsection (4) or (5) 4: If the person is unlawfully in New Zealand following an unsuccessful reconsideration under section 185 a: the day on which the person became unlawfully in New Zealand; or b: the day on which the person received confirmation of the decision to decline his or her visa application. 5: A person is not entitled to an appeal under subsection (2) if— a: the person is unlawfully in New Zealand following the cancellation of the person's visa under section 64(1)(ab) b: the person has already had an opportunity (whether exercised or not) to appeal against his or her liability for deportation. Section 154(3) amended 7 May 2015 section 39(1) Immigration Amendment Act 2015 Section 154(5) inserted 7 May 2015 section 39(2) Immigration Amendment Act 2015 155: Deportation liability if person's visa granted in error 1: A person is liable for deportation if— a: the Minister or an immigration officer determines that the person's visa was granted as a result of an administrative error; and b: the visa was not cancelled under section 67 c: no visa was granted to the person under section 68 2: The holder of a temporary visa or interim visa to whom this section applies has 14 days from the date of service of a deportation liability notice to give good reason why he or she should not be deported. 3: Subsection (2) does not apply if— a: the person is the holder of a limited visa; or b: the Minister or an immigration officer determines that the person is an excluded person. 4: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation— a: on the facts and on humanitarian grounds, if the person holds a residence class visa; or b: on humanitarian grounds only, in the case of a person holding a temporary visa or an interim visa. 5: However, subsection (4) does not apply if the person is liable for deportation under this section because the person re-entered New Zealand while he or she was subject to a period of prohibition on entry. Section 155(5) inserted 7 May 2015 section 40 Immigration Amendment Act 2015 156: Deportation liability if visa held under false identity 1: A person is liable for deportation if— a: the person is convicted of an offence where the identity of the person is established, and that identity is different to the identity under which the person holds a visa; or b: the Minister determines that the person holds a visa under a false identity. 2: If a person is liable for deportation under this section and the visa is a temporary visa or interim visa,— a: the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and b: if subsection (1)(b) applies, the person has 14 days from the date of service of a deportation liability notice to give good reason why the deportation should not proceed. 3: If a person is liable for deportation under this section and the visa is a residence class visa,— a: the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and b: if subsection (1)(b) applies, the person may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on the facts against his or her liability for deportation. 4: For the purposes of subsections (2) and (3), a person to whom a visa has been granted in a false identity is deemed to have been unlawfully in New Zealand since— a: the date the person arrived in New Zealand, if he or she has held a visa in a false identity since that date; or b: the day after the date on which a visa granted in the person's actual identity expired, or was cancelled without another visa being granted, if he or she has held a visa in his or her actual identity after arriving in New Zealand. 157: Deportation liability of temporary entry class visa holder for cause 1: A temporary entry class visa holder is liable for deportation if the Minister determines that there is sufficient reason to deport the temporary entry class visa holder. 2: The person has 14 days from the date of service of the deportation liability notice to give good reason why deportation should not proceed. 3: Subsection (2) does not apply if— a: the person is the holder of a limited visa; or b: the Minister determines that the person is an excluded person. 4: A temporary visa holder or interim visa holder who is liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on humanitarian grounds against his or her liability for deportation. 5: For the purposes of subsection (1), sufficient reason a: breach of conditions of the person’s visa: b: criminal offending: c: other matters relating to character: d: concealing e: a situation where the person’s circumstances no longer meet the rules or criteria under which the visa was granted. Section 157(5)(d) amended 7 May 2015 section 41 Immigration Amendment Act 2015 158: Deportation liability of residence class visa holder due to 1: A residence class visa holder is liable for deportation if— a: the person is convicted of an offence where it is established that— i: any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or ii: any of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed; or b: the Minister determines that— i: any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or ii: any of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed. 1A: Subsection (1) applies— a: whether or not the person holding the residence class visa is the person who— i: provided the information that is established or determined to be fraudulent, forged, false, or misleading; or ii: concealed the relevant information that is established or determined to have been concealed; and b: whether the visa was granted before or after this subsection came into force. 2: A former citizen who is deemed by section 75 a: the person was deprived of his or her New Zealand citizenship under section 17 b: that fraud, false representation, or wilful concealment of relevant information occurred in the context of procuring the immigration status that enabled the person to meet a requirement, or requirements, for the grant of New Zealand citizenship. 3: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation— a: on humanitarian grounds only, if subsection (1)(a) or (2) applies: b: on the facts and on humanitarian grounds, if subsection (1)(b) applies. 4: If section 156 section 156 Section 158 heading amended 7 May 2015 section 42(1) Immigration Amendment Act 2015 Section 158(1) replaced 7 May 2015 section 42(2) Immigration Amendment Act 2015 Section 158(1A) inserted 7 May 2015 section 42(2) Immigration Amendment Act 2015 159: Deportation liability of resident if visa conditions breached 1: A resident is liable for deportation if the Minister determines that— a: the conditions of his or her visa have not been met; or b: the resident has materially breached the conditions of his or her visa. 2: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal both on the facts and on humanitarian grounds against his or her liability for deportation. 160: Deportation liability of residence class visa holder if new information as to character becomes available 1: A residence class visa holder is liable for deportation if, not later than 5 years after the date the person first held a residence class visa,— a: new information becomes available that— i: relates to the character of the person; and ii: was relevant at the time the visa was granted; and b: the Minister determines that the person would not have been eligible for the grant of the visa under this Act or immigration instructions if that information had been available at the time the visa was granted. 2: For the purposes of subsection (1), the new information may relate to whether the person was, or should have been, an excluded person, or to rules and criteria relating to character contained within immigration instructions. 3: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal both on the facts and on humanitarian grounds against his or her liability for deportation. 4: For the purposes of subsection (1), the date that a person first held a residence class visa must be calculated in accordance with section 161(5) 161: Deportation liability of residence class visa holder convicted of criminal offence 1: A residence class visa holder is liable for deportation if he or she is convicted, in New Zealand or elsewhere,— a: of an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time— i: when the person was unlawfully in New Zealand; or ii: when the person held a temporary entry class visa; or iii: not later than 2 years after the person first held a residence class visa; or b: of an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or c: of an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa ; or d: of an offence against section 350(1)(a) 351 2: A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal— a: on humanitarian grounds against his or her liability for deportation; and b: if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported. 3: For the purposes of subsection (1)(a)(iii), (b), (c), and (d) 4: Subsection (1)(c) applies— a: whether the sentence is of immediate effect or is deferred or is suspended in whole or in part: b: if a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the person had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences: c: if a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence. 5: For the purposes of this section and section 160(1) a: on the date on which the person is first granted a residence class visa of any type in New Zealand; or b: if the visa was granted outside of New Zealand, on the first occasion on which the person arrives in New Zealand and is granted entry permission as the holder of the residence class visa; or c: if the person arrives in New Zealand and is granted entry permission as the holder of a residence class visa following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand after the continuous period of absence; or d: if the person is a person to whom a visa waiver applies and arrives in New Zealand following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand (and is granted a residence class visa) after the continuous period of absence. 6: Subsection (7) applies to a person if he or she— a: was exempt from the requirement to hold a permit under the former Act; but b: is deemed to hold a residence class visa under section 417(3) 7: For the purposes of this section, the person first holds a residence class visa— a: on the date he or she first entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act; or b: on the date he or she first re-entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act following a continuous period of absence from New Zealand of at least 5 years. 1987 No 74 s 91(1), (4), (6) Section 161(1)(c) amended 7 May 2015 section 43(1) Immigration Amendment Act 2015 Section 161(1)(d) inserted 7 May 2015 section 43(2) Immigration Amendment Act 2015 Section 161(3) amended 7 May 2015 section 43(3) Immigration Amendment Act 2015 162: Deportation liability if refugee or protection status cancelled under section 146 1: A person who is not a New Zealand citizen and who was previously recognised as a refugee or a protected person is liable for deportation if his or her recognition is cancelled under section 146 2: The person may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation— a: on humanitarian grounds only, if the person has been convicted of an offence where it is established that he or she acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or b: on the facts and on humanitarian grounds, in any other case. 1987 No 74 s 129L(1)(c) 163: Deportation liability of persons threatening security 1: Where the Minister certifies that a person constitutes a threat or risk to security, the Governor-General may, by Order in Council, order the deportation from New Zealand of that person. 2: The person named in the order is accordingly liable for deportation. 3: The Governor-General may, by Order in Council, revoke an order made under subsection (1). 1987 No 74 ss 72 73 164: Limitation on deportation of persons recognised or claiming recognition as refugee or protected person 1: No person who is recognised as a refugee or a protected person in New Zealand, or who is a claimant, may be deported under this Act. 2: Subsection (1) applies despite anything in this Part, but subject to subsections (3) and (4). 3: A refugee or a claimant for recognition as a refugee may be deported but only if Article 32.1 or 33 of the Refugee Convention allows the deportation of the person. 4: A protected person may be deported to any place other than a place in respect of which there are substantial grounds for believing that the person would be in danger of being subjected to— a: torture (as defined in section 130(5) b: arbitrary deprivation of life or cruel treatment (as defined in section 131(6) 5: A refugee and protection officer must determine the matter in subsection (3) or (4), and section 148 165: Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons An immigration officer must have regard to Part 5 Schedule 1 166: Limitation on deportation of diplomats, etc Despite anything in this Part, no person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 section 10D(2)(d) Consular Privileges and Immunities Act 1971 167: Period of deportation liability 1: Residence class visa holders remain liable for deportation for a period of 10 years following the arising of the liability for deportation. 2: The period of 10 years in subsection (1) must be calculated exclusive of— a: any time spent by the person in imprisonment following conviction for any offence: b: any period of time when the person’s liability for deportation is suspended by the Minister under section 172 section 212 3: To avoid doubt, a person liable for deportation under section 154 168: Liability for deportation when person outside New Zealand 1: A person may become liable for deportation under any of sections 155 to 163 Part 7 2: Subsection (3) applies to a person who— a: is outside New Zealand; and b: is liable for deportation; and c: holds a visa. 3: The person may— a: appeal against his or her liability for deportation; and b: travel to New Zealand during the period in which the appeal can be made; and c: if the person does appeal, travel to New Zealand pending the determination of the appeal. 169: Effect of being liable for deportation 1: A person liable for deportation may not— a: apply for a visa, if he or she is unlawfully in New Zealand; or b: apply for a further visa of a different class or type, if he or she currently holds a visa. 2: However, the Minister or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom subsection (1)(b) applies. 3: While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended. 3A: However, nothing in subsection (3) prevents the processing of any application referred back to the Minister or the chief executive by the Tribunal under section 188(1)(d) or (e) 4: While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 section 7(1)(b)(ii) Section 169(3A) inserted 7 May 2015 section 44 Immigration Amendment Act 2015 Notification of liability for deportation 170: Deportation liability notice 1: A deportation liability notice must be served on a person liable for deportation if it is intended to execute the deportation of the person. 2: Subsection (1) applies unless— a: the person is liable for deportation on the grounds of being unlawfully in New Zealand; or b: the person is named in a deportation order under section 163 3: If a deportation liability notice is served by way of personal service, it may be served only by an immigration officer or by another person on behalf of an immigration officer. Section 170(3) replaced 7 May 2015 section 45 Immigration Amendment Act 2015 171: Contents of deportation liability notice A deportation liability notice must be signed by the Minister or an immigration officer and state— a: the provision b: the ground or grounds on which liability for deportation arose: c: if applicable, the right to give good reason, not later than 14 days after the date of service of the notice, as to why deportation should not proceed, and who that reason must be given to: d: whether there is a right of appeal against liability for deportation and, if so,— i: what it is: ii: how to exercise the right of appeal: iii: the time limit for lodging the appeal: e: the length or period of prohibition on entry to New Zealand that the person named in the notice may become subject to: f: the consequences of attempting to return to New Zealand during the prohibition: g: the requirement to repay any costs to the Crown of deportation: h: if applicable, that a refugee and protection officer has determined that deportation of the person is not prohibited under section 164 i: if applicable, the grounds on which liability for deportation has been reactivated under section 172(3) 212(3) Section 171(a) amended 7 May 2015 section 46 Immigration Amendment Act 2015 Cancellation or suspension of deportation liability 172: Minister may cancel or suspend liability for deportation 1: The Minister may at any time, by written notice, cancel a person’s liability for deportation. 2: The Minister may at any time, by written notice (a suspension notice a: for a period not exceeding 5 years; and b: subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification). 2A: The Minister may exercise his or her powers under this section whether or not the person who is liable for deportation— a: has given good reason under section 155(2) 156(2)(b) 157(2) b: has purported to apply to the Minister for any other reason. 3: Where a person fails to comply with the conditions stated in a suspension notice a: the Minister may reactivate the person's liability for deportation by causing a deportation liability notice (a reactivation notice b: subject to section 175A(4) i: lodge an appeal with the Tribunal on the grounds specified in section 155 156 158 159 160 161, 162 section 173A(2) ii: leave New Zealand. 4: In the case of a person who has appealed against his or her liability for deportation, the Minister must notify the Tribunal if the person’s liability for deportation is cancelled, suspended, or reactivated under subsection (1), (2), or (3)(a). 5: The decision to cancel or suspend a person’s liability for deportation is in the absolute discretion of the Minister. 6: In the case of a person in imprisonment, the period referred to in subsection (2) commences on the date of the person’s release. 7: The cancellation or suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds. Section 172(2) amended 24 October 2019 section 66(1) Statutes Amendment Act 2019 Section 172(2A) inserted 7 May 2015 section 47(1) Immigration Amendment Act 2015 Section 172(3) amended 24 October 2019 section 66(2) Statutes Amendment Act 2019 Section 172(3)(a) amended 24 October 2019 section 66(3) Statutes Amendment Act 2019 Section 172(3)(b) replaced 24 October 2019 section 66(4) Statutes Amendment Act 2019 173: Right of victims to make submissions on suspension or cancellation of liability for deportation 1: In determining whether to cancel or suspend a person’s liability for deportation, the Minister must have regard to any written submissions made by a victim of an offence or offences of which the person who is liable for deportation has been convicted and from which his or her liability for deportation arises. 2: The Minister must, on a request for the purpose, make available to a lawyer or agent (if any) who is acting for the person who is liable for deportation a copy of all written submissions made by the victim. 3: The Minister, or a lawyer or agent acting for the person, must, on a request for the purpose, show the person a copy of all written submissions made by the victim. However, the person may not keep a copy of any of those submissions. 4: Despite subsections (2) and (3), the Minister may withhold from the person and every lawyer or agent (if any) acting for the person any part of the victim’s written submissions if, in the Minister’s opinion, the withholding of that part is necessary to protect the physical safety or security of the victim concerned. 5: Despite subsection (1), the Minister must not have regard to any part of the victim’s submissions that is withheld under subsection (4). 6: In this section, victim section 29 1987 No 74 s 93A 173A: Person may defer lodging appeal against liability for deportation 1: This section applies to a residence class visa holder who is— a: liable for deportation under section 155 156 158 159 160 161 162 b: entitled to appeal to the Tribunal on the grounds specified in any one of those provisions; and c: served with a suspension notice under section 172(2) 2: The person may defer lodging an appeal with the Tribunal against their liability for deportation until the person is served with a reactivation notice under section 172(3) 3: If the person chooses to lodge an appeal with the Tribunal after being served with a reactivation notice, the time periods specified in sections 155(4) 156(3) 158(3) 159(2) 160(3) 161(2) 162(2) Section 173A inserted 24 October 2019 section 67 Statutes Amendment Act 2019 174: Effect of suspension 1: Where a person’s liability for deportation is suspended by the Minister under section 172 a: the person may not apply for a visa of a different class or type; and b: the processing of any application made by the person for a visa of a different class or type must be suspended; and c: subject to sections 9 10 section 7(1)(b)(i) 2: If the Minister determines that a person has met the conditions stated by the Minister under section 172(2) a: cancel the person's liability for deportation; and b: notify the person and the Tribunal of that fact. Deportation 175: Service of deportation order 1: A deportation order may be served on a person who is liable for deportation on or after the date or time specified in section 175A 2: However, a deportation order may be served on an earlier date, if requested by the person liable for deportation. 3: A deportation order may only be served by an immigration officer (or by another person on behalf of an immigration officer) or a constable. 4: A deportation order may only be served on a person outside New Zealand if the person still holds a visa. Section 175 replaced 7 May 2015 section 48 Immigration Amendment Act 2015 175A: Time when deportation order may be served 1: Where a person has a right to give good reason why deportation should not proceed, the first day on which a deportation order may be served on the person is,— a: if the person does not provide submissions as to good reason why deportation should not proceed, the day that is 15 days after the date of service of a deportation liability notice on the person; or b: if the person provides submissions as to good reason why deportation should not proceed, and the person to whom the submissions are provided determines that deportation should continue, the day after the person is notified of that determination. 2: Where a person has a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is— a: the day after the expiry of the period for lodging an appeal, if the person has not lodged an appeal: b: where the person has lodged an appeal to the Tribunal,— i: if the appeal is withdrawn, the day after the withdrawal: ii: if the liability for deportation is upheld, the day that is 28 days after the Tribunal determines the appeal (but subject to paragraph (c)): c: where the person has applied under section 245 i: if the application for leave is withdrawn, the day after the withdrawal: ii: if the High Court refuses leave to appeal, on the day after the expiry of the period for lodging an application for leave to the Court of Appeal in accordance with the rules of the Court of Appeal (but subject to subparagraph (iii)): iii: if the person applies to the Court of Appeal for leave and leave is refused, the day after the person is notified of the Court of Appeal’s refusal: iv: if the application for leave is granted but the appeal is withdrawn, the day after the withdrawal: v: if the application for leave is granted and the person’s liability for deportation is upheld, the day after the person is notified of the determination of the appeal. 3: Where a person has both a right to give good reason why deportation should not proceed and a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is the later of— a: the first day on which the deportation order may be served under subsection (1); and b: the first day on which a deportation order may be served under subsection (2). 4: Where a person has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) 212(1) a: the day that is 28 days after service of a deportation liability notice on the person under section 172(3) 212(3)(a) b: any applicable day determined under subsection (2). 5: A deportation order may be served immediately on a person in the following circumstances: a: where the person has been served with a deportation liability notice and the person does not have— i: a right to give good reason why deportation should not proceed; or ii: a right of appeal against liability for deportation: b: where an Order in Council under section 163 c: where the person— i: was unlawfully in New Zealand before 2 am on 29 November 2010; and ii: continues to be unlawfully in New Zealand under this Act; and iii: has no right of appeal under this Act against liability for deportation: d: where the person was the holder of a limited visa that has expired (unless that person has been served with a deportation liability notice under paragraph (a), in which case paragraph (a) applies). 6: In this section, a right to give good reason why deportation should not proceed Section 175A inserted 7 May 2015 section 48 Immigration Amendment Act 2015 176: Content of deportation order 1: A deportation order must specify— a: that the person named in the order is ordered to be deported from New Zealand; and b: that any visa held by the person has been, or will be, cancelled in accordance with section 64(1)(ab) c: the provision of this Act under which the person became liable for deportation; and d: the ground or grounds for deportation; and e: the period of any prohibition on entry to New Zealand that the person named in the order is subject to; and f: the consequences of attempting to return to New Zealand during the period of prohibition; and g: that the person is required to repay the actual or (if an estimate of costs is specified in the deportation order) the estimated costs of deportation. 2: A deportation order must be signed by— a: the Governor-General, if the order is made under section 163 b: an immigration officer, in any other case. Section 176(1)(b) replaced 7 May 2015 section 49(1) Immigration Amendment Act 2015 Section 176(1)(g) replaced 7 May 2015 section 49(2) Immigration Amendment Act 2015 177: Deportation order may be cancelled 1: An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 154 2: Nothing in subsection (1) gives a person a right to apply for the cancellation of a deportation order. However, an immigration officer must consider cancelling the deportation order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations. 3: If an immigration officer does consider cancelling a deportation order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise— a: may make a decision as he or she thinks fit; and b: in doing so, is not under any obligation, whether by implication or otherwise,— i: to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 207 ii: to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is the subject of the deportation order or any other person. 4: Whether or not an immigration officer considers cancelling a deportation order,— a: he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and ab: information privacy section 22 b: section 23 5: However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record— a: a description of the international obligations; and b: the facts about the person's personal circumstances. Section 177(4)(ab) inserted 7 May 2015 section 50 Immigration Amendment Act 2015 Section 177(4)(ab) amended 1 December 2020 section 217 Privacy Act 2020 178: Executing deportation order 1: A deportation order may be executed once it has been served on the person subject to the order. 2: A deportation order may be executed by— a: taking the person into custody; and b: escorting the person (or arranging for the person to be escorted) to an airport or port; and c: ensuring that the person is placed on board a craft and detained there until the person leaves New Zealand. 3: A deportation order may be executed in respect of a person who is serving a sentence of imprisonment in a prison only if the Minister has ordered the release of the person in accordance with section 55 179: Deported person may not enter New Zealand during period of prohibition on entry 1: A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a visa or entry permission, during the period of prohibition on entry that applies to the person as set out in the following table: The following table is small in size and contains 2 columns. Column 1 is headed Why person deported. Column 2 is headed Period of prohibition on entry (calculated from the date of deportation) Why person deported Period of prohibition on entry (calculated from the date of deportation) Section 155 none Section 154 2 years Section 154 5 years Section 154 5 years Section 157 5 years Section 159 5 years Section 156 permanent prohibition Section 158 (fraud, forgery, etc, in relation to an application) permanent prohibition Section 160 permanent prohibition Section 162 permanent prohibition Section 161 permanent prohibition Section 163 permanent prohibition 2: A person who is liable for deportation is not subject to any period of prohibition on entry if the person— a: is liable for deportation only on the grounds that the person is unlawfully in New Zealand; and b: leaves New Zealand voluntarily before he or she is served with a deportation order. 3: For the purposes of subsection (1), the relevant provision for determining why the person was deported is— a: the provision under which the person became liable for deportation, as stated in the last deportation order served on the person; or b: if no deportation order was served on the person, the provision under which liability for deportation arose, as stated in the last deportation liability notice served on the person. Section 179(1) table amended 7 May 2015 section 51(1) Immigration Amendment Act 2015 Section 179(2) replaced 7 May 2015 section 51(2) Immigration Amendment Act 2015 Section 179(3) inserted 7 May 2015 section 51(2) Immigration Amendment Act 2015 180: Deported person may not enter New Zealand until costs of deportation repaid 1: A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a visa or entry permission, until the person has repaid any debt due to the Crown in respect of the costs of his or her deportation. 2: The requirement of this section is in addition to the period of prohibition on entry under section 179 3: The Minister may reduce or waive any debt due by a person under subsection (1) in his or her absolute discretion. 181: Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry 1: Subsection (2) applies to a person who— a: is deported from New Zealand; and b: on deportation, is subject to a period of prohibition on entry to New Zealand under section 179 180(1) c: attempts to enter or enters New Zealand during the period of prohibition in one of the following ways: i: by boarding a craft, or attempting to board a craft, that is travelling to New Zealand: ii: by arriving in New Zealand: iii: by entering New Zealand. 2: The period of prohibition on entry to which the person is subject under section 179 a: the date the person attempts to re-enter, if the attempted entry is unsuccessful: b: the date the person is once again deported from New Zealand, if the attempted re-entry is successful. 3: If, despite a prohibition on entry applying to a person, a person re-enters New Zealand and the person becomes subject to a further prohibition on entry, the period of prohibition on entry that applies to the person on the subsequent deportation is the longest prohibition applicable under the table set out in section 179 182: Minister may reduce or remove period of prohibition on entry 1: The Minister may in his or her absolute discretion reduce, or remove altogether, the period of prohibition on entry that would otherwise apply to a person under section 179(1) 2: A reduction or removal under subsection (1) remains subject to section 180(1) 7: Appeals, reviews, and other proceedings 183: Interpretation In this Part, unless the context otherwise requires,— affected person a: the subject of an application made by a refugee and protection officer under section 144 147 b: the subject of an application made by the Minister under section 212(2) closed hearing a: the Judge or Judges hearing the case: b: the chief executive of the relevant agency, or his or her security-cleared representative, or both: c: the Minister, or his or her security-cleared representative, or both: d: if applicable, a refugee and protection officer, or his or her security-cleared representative, or both: e: any special advocate: f: any person appointed as counsel assisting the court or as a special adviser by the Tribunal or the court: g: any person authorised by the Tribunal or the court to provide administrative assistance in the proceedings and who has an appropriate security clearance matter a: an application made by a refugee and protection officer under section 144 147 b: an application made by the Minister under section 212(2) 184: Purpose of Part The purpose of this Part is— a: to provide comprehensively for the system of appeal and review in respect of decision making under this Act, including by providing for— i: reconsideration of certain temporary visa applications; and ii: appeals in respect of decisions on residence class visas; and iii: appeals in respect of decisions concerning recognition of a person as a refugee or a protected person; and iv: appeals against liability for deportation; and b: to establish the Immigration and Protection Tribunal, a specialist tribunal to determine appeals and other matters under this Act; and c: to provide for appeals from the decisions of the Tribunal, and deal with judicial reviews of decisions made under this Act. Limited right of reconsideration concerning temporary entry class visas 185: Right of reconsideration if onshore application for further temporary visa declined 1: This section applies to a holder of a temporary visa if— a: the holder of the temporary visa (the applicant b: the application for the further temporary visa is declined; and c: the Minister did not make the decision to decline the application. 2: The applicant may apply in the prescribed manner for a reconsideration of the decision to decline a further visa if, and only if,— a: the application for reconsideration is made not later than 14 days after the date on which the applicant received notice of the decision to decline the further visa; and b: the applicant is still lawfully in New Zealand at the time of the application for reconsideration. 3: The decision to decline the visa application must be reconsidered by another immigration officer of equal grade or senior to the one who made the decision, or by the Minister. 4: If the decision to decline the visa application is confirmed and no visa is granted following reconsideration under this section, an immigration officer must inform the applicant, in writing, of— a: the decision; and b: in the case of an applicant who still holds a visa, the date on which the person will have an obligation to leave New Zealand; and c: in the case of an applicant who no longer holds a visa,— i: the fact that the person is already obliged to leave New Zealand; and ii: the fact that the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the date on which the person received confirmation of the decision to decline the visa application. 5: The result of any reconsideration under this section of a decision to decline an application for a further temporary visa is final and conclusive, and no further application for reconsideration of that decision may be made. 6: The fact that an application for reconsideration has been made under this section does not of itself entitle the applicant to remain in New Zealand after the expiry of the applicant’s current temporary visa, but, until the application for reconsideration has been determined or withdrawn, the person may not be deported. 1987 No 74 s 31 Limited right of review in respect of temporary entry class visa decisions 186: Limited right of review in respect of temporary entry class visa decisions 1: No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a temporary entry class visa, whether to any court, the Tribunal, the Minister, or otherwise. 2: Subsection (1) applies except to the extent that section 185 3: A person may bring review proceedings in a court in respect of a decision in relation to a temporary entry class visa except if the decision is in relation to the— a: refusal or failure to grant a temporary entry class visa to a person outside New Zealand: b: cancellation of a temporary entry class visa before the holder of the visa arrives in New Zealand. Appeals in relation to residence class visas 187: Rights of appeal in relation to decisions concerning residence class visas 1: There is a right of appeal to the Tribunal against a decision concerning a residence class visa in the following circumstances: a: an applicant for a residence class visa may appeal against— i: a decision of an immigration officer to decline to grant the visa (including in the circumstances described in section 190(2)(b) ii: a decision by the Minister not to grant a residence class visa if classified information has been relied on in making the decision: b: a person outside New Zealand who has been granted a resident visa may appeal against a decision to cancel the visa under section 65(1) c: a person who has been granted a resident visa may appeal against a decision to refuse to grant the person entry permission (including in the circumstances described in section 190(2)(b) 2: However, no appeal lies under this Act in respect of— a: a decision by the Minister not to grant a residence class visa (except in the circumstances described in subsection (1)(a)(ii)); or b: a refusal of the Minister or an immigration officer to grant a residence class visa or entry permission to an excluded person; or c: a refusal or failure of the Minister or an immigration officer to issue an invitation to apply for a visa; or d: a refusal of the Minister or an immigration officer to grant a residence class visa to a person who has been invited to apply for a visa, if a ground for the refusal is that the Minister or officer determines that the person,— i: whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for a visa, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the person; or ii: did not ensure that an immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person’s application for the relevant visa; or e: a lapse of an application for a residence class visa or of an expression of interest in obtaining an invitation to apply for a visa; or f: a revocation of an invitation to apply for a visa. 3: Where a person to whom subsection (1)(b) or (c) applies appeals under this section, this Act applies as if the decision were a decision to decline an application for a residence class visa. 4: The grounds for an appeal under this section are that— a: the relevant decision was not correct in terms of the residence instructions applicable at the time the relevant application for the visa was made; or b: the special circumstances of the appellant are such that consideration of an exception to those residence instructions should be recommended. 5: An appeal under this section must be brought not later than 42 days after the date the appellant is notified of the decision appealed against. 6: 7: 8: A person may bring review proceedings in a court in respect of a decision in relation to a residence class visa except if the decision is in relation to— a: the refusal or failure to grant a residence class visa to a person outside New Zealand; or b: the cancellation of a resident visa granted outside New Zealand before the holder of the visa first arrives in New Zealand as the holder of the visa. 1987 No 74 s 18C(1)–(3) Section 187(6) repealed 7 May 2015 section 52 Immigration Amendment Act 2015 Section 187(7) repealed 7 May 2015 section 52 Immigration Amendment Act 2015 188: Determination of appeal in relation to residence class visa 1: In determining an appeal under section 187 a: confirm the decision appealed against as having been correct in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; or b: reverse the decision as having been incorrect in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; or c: note the correctness of the original decision in terms of the residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but reverse that decision on the basis of any information properly made available to the Tribunal that reveals that the grant of the visa would have been correct in terms of the applicable residence instructions; or d: note the correctness of the original decision in terms of the residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but determine the appeal by cancelling the decision and referring the matter back to the Minister, if he or she made the decision, or the chief executive, in any other case, for consideration under those residence instructions as if a new visa application had been made that included any additional information properly provided to the Tribunal; or e: determine the appeal by cancelling the decision and referring the application back to the Minister, if he or she made the decision, or the chief executive, in any other case, for correct assessment in terms of the applicable residence instructions, where the Tribunal— i: considers that the decision appealed against was made on the basis of an incorrect assessment in terms of the residence instructions applicable at the time the application was made; but ii: is not satisfied that the appellant would, but for that incorrect assessment, have been entitled in terms of those instructions to the visa or entry permission; or f: confirm the decision as having been correct in terms of the residence instructions applicable at the time the visa application was made, but recommend that the special circumstances of the applicant are such as to warrant consideration by the Minister as an exception to those instructions. 2: Where the Tribunal determines to reverse a decision to refuse a visa under subsection (1)(b) or (c), the Tribunal must— a: consider whether it is appropriate that conditions should be imposed in accordance with section 50 b: if it considers that imposing conditions is appropriate, direct the Minister to impose under that section the conditions specified in its decision (which may be specified with the degree of generality or particularity that the Tribunal thinks fit); and c: notify the appellant in writing of any conditions imposed. 3: Where the Tribunal refers an application back to the Minister or the chief executive under subsection (1)(e), the Tribunal may give him or her the directions it thinks fit as to how a correct assessment of the application should be carried out. 4: The Tribunal must, as soon as practicable, notify the appellant in writing of its decision on the appeal and the reasons for that decision. 5: Subject to section 245 1987 No 74 s 18D 189: Use of further information in appeals under section 187 1: In determining an appeal under section 187 2: Subsection (1) is subject to subsections (3) to (6). 3: The Tribunal may consider information or evidence not provided by the appellant to the Minister or the immigration officer before the time of the relevant decision if— a: the Tribunal is satisfied that— i: the information or evidence existed at the time the decision to refuse the visa was made, and would have been relevant to the making of that decision; and ii: the appellant could not, by the exercise of reasonable diligence, have placed that information or evidence before the Minister or the immigration officer at the time at which the Minister or the officer made the decision on the application; and iii: in all the circumstances it is fair to consider the information or evidence; or b: the Tribunal considers that it is necessary for it to have the information or evidence for the purpose of considering whether to make a determination under section 188(1)(f) 4: The Tribunal may require the chief executive to arrange for an interview to be conducted with any specified person for any specified purpose and in any specified manner, and for the report of that interview to be provided to the Tribunal, where— a: the Tribunal considers that the decision under appeal depended, in whole or in part, upon the recorded results of an interview conducted with the appellant or with some other person connected with the application; and b: those results involved the recording of an exercise of judgment on the part of the interviewing officer as opposed to the recording of facts; and c: the Tribunal considers that further written evidence or submissions will not assist to confirm or test those results. 5: An interview conducted under subsection (4) may not be conducted by any immigration officer who has previously interviewed the person. 6: The Tribunal may, if it considers it fair in all the circumstances to do so, determine the appeal in the manner set out in section 188(1)(d) a: it comes to the attention of the Tribunal that any particular event has occurred after the time at which the Minister or the immigration officer made the decision on the appellant’s visa application; and b: the Tribunal is satisfied that the event materially affects the applicant’s eligibility under residence instructions. 1987 No 74 s 18F(4)–(6) 190: Procedure where appeal successful or Tribunal makes recommendation 1: The Minister or an immigration officer must grant a residence class visa (and if necessary grant entry permission) to the appellant where the Tribunal reverses a decision under section 188(1)(b) or (c) 2: However, nothing in subsection (1) requires a residence class visa or entry permission to be granted to a person— a: until the normal requirements for providing any certificate or other material that is required before a visa or entry permission can be granted have been complied with, where the certificate or other material— i: was not supplied to the Minister or the immigration officer concerned before the date on which the decision appealed against was made; or ii: by reason of the passing of time, is no longer current for the purposes of granting a visa or entry permission under this Act; or b: where, since the date of the decision that is the subject of the appeal, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being granted a residence class visa or entry permission in terms of both— i: the residence instructions applicable at the time of the relevant visa application; and ii: the residence instructions currently applicable. 3: Where, in reliance on subsection (2)(a), a residence class visa is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer must grant a temporary visa to the person, being a visa that is current for a period of not less than 6 months. 4: The Minister must not impose any conditions on a resident visa granted under subsection (1), unless the Tribunal has directed the Minister to do so under section 188(2)(b) 5: Where the Tribunal makes a recommendation under section 188(1)(f) a: must consider whether a residence class visa should be granted to the appellant as an exception to residence instructions; and b: may, if he or she grants a resident visa, impose conditions on the visa in accordance with section 50 6: The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5), and neither section 27 section 23 1987 No 74 s 18E No appeal or review rights in relation to invitations to apply and transit visas 191: No appeal or review rights in relation to invitations to apply 1: No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to whether to issue an invitation to apply for a visa, whether to a court, the Tribunal, the Minister, or otherwise. 2: No review proceedings may be brought in any court in respect of any refusal or failure of the Minister or an immigration officer to issue an invitation to apply for a visa or to revoke an invitation if an invitation is issued. 192: No appeal or review rights in relation to transit visas 1: No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a transit visa, whether to a court, the Tribunal, the Minister, or otherwise. 2: No review proceedings may be brought in any court in respect of any decision to refuse to grant or to cancel a transit visa. Appeals against decisions relating to refugee or protection status 193: Tribunal consideration of refugee and protection matters 1: Every appeal relating to whether a person should be recognised as a refugee or a protected person in New Zealand must be determined in accordance with this Act. 2: Every appeal as to whether a person should continue to be recognised as a refugee or a protected person in New Zealand must be determined in accordance with this Act. 3: To the extent that an issue is not dealt with in this Act, the Tribunal, in carrying out its functions in relation to the recognition of a person as a refugee, must act in a way that is consistent with New Zealand’s obligations under the Refugee Convention. 4: The Tribunal, in carrying out its functions in relation to the recognition of a person as a protected person, must act in a way that is consistent with this Act. 194: Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) 1: A person may appeal to the Tribunal against a decision by a refugee and protection officer— a: to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that— i: in light of an international arrangement or agreement (as defined in section 134(5) ii: in light of an international arrangement or agreement (as defined in section 134(5) b: under section 134(3) c: to decline the person’s claim to be recognised under any of sections 129 130 131 d: to cease to recognise the person as a refugee or a protected person under section 143 e: to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145 2: An appeal under this section must be brought,— a: if the person is in detention under Part 9 b: in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. 3: The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension. 4: To avoid doubt, an appeal right arises under subsection (1)(c) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. 5: Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either— a: is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or b: would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. 6: The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is— a: successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal b: unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. 6A: If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c). 7: If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. 8: To avoid doubt, nothing in subsection (7) applies to a person who— a: complies with subsection (6); and b: is successful on the appeal under this section; and c: becomes liable for deportation for any reason at some future date. 9: In subsection (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 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 a year and ending with 2 January in the following year; and c: if 1 January falls on a Friday, the following Monday; and d: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. 1987 No 74 s 129O Section 194(1)(e) amended 7 May 2015 section 53(1) Immigration Amendment Act 2015 Section 194(6)(a) amended 7 May 2015 section 53(2) Immigration Amendment Act 2015 Section 194(6A) inserted 7 May 2015 section 53(3) Immigration Amendment Act 2015 Section 194(9)(a) 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 194(9)(ab) inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 195: Right of appeal in relation to subsequent claims for refugee or protection status 1: A person may appeal to the Tribunal against a decision by a refugee and protection officer— a: under section 140(1) or a protected person b: under section 140(3) Part 6A 2: A person may appeal to the Tribunal against a decision by a refugee and protection officer to decline a subsequent claim by the person to be recognised under any of sections 129 130 131 3: An appeal under this section must be brought,— a: if the person is in detention under Part 9 b: in any other case, not later than 10 working days after the date on which the appellant was notified of the decision to which the appeal relates. 4: The Tribunal may, however, extend the time for lodging an appeal in any particular case if satisfied that special circumstances warrant an extension. 5: To avoid doubt, an appeal right arises under subsection (2) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. 6: Subsection (7) applies to a person who is entitled to appeal under this section and who either— a: is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or b: would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. 7: The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (6)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is— a: successful on the appeal under this section, and the Tribunal goes on to consider the claim and grants the person recognition, it must dispense with its consideration of the person's humanitarian appeal: b: successful on the appeal under this section, and the Tribunal goes on to consider the claim but declines the claim, it must consider the person's humanitarian appeal: c: unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. 8: If the person does not lodge a humanitarian appeal in accordance with subsection (7), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. 9: To avoid doubt, nothing in subsection (8) applies to a person who— a: complies with subsection (7); and b: is successful on the appeal under this section; and c: becomes liable for deportation for any reason at some future date. 10: In subsection (3), working day section 194(9) Section 195(1)(a) amended 19 June 2013 section 17 Immigration Amendment Act 2013 196: Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement 1: Where an appeal is brought under section 194(1)(a) a: determine the matter de novo; and b: determine whether, in light of any international arrangement or agreement (as defined in section 134(5) i: a claim for refugee status in another country: ii: a claim for protection in another country. 2: The Tribunal may dismiss or allow the appeal 3: If the Tribunal allows the appeal a: it must refer the claim back to a refugee and protection officer for consideration; and b: if the appeal section 194(5) section 194(6)(a) 4: To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant. Section 196(2) amended 7 May 2015 section 54(1) Immigration Amendment Act 2015 Section 196(3) amended 7 May 2015 section 54(2) Immigration Amendment Act 2015 Section 196(3)(b) amended 7 May 2015 section 54(3) Immigration Amendment Act 2015 197: Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee 1: Where an appeal is brought under section 194(1)(b) a: determine the matter de novo; and b: determine whether 1 or more of the circumstances relating to the claim were brought about by the claimant— i: acting otherwise than in good faith; and ii: for a purpose of creating grounds for recognition under section 129 2: For the purposes of determining the matter in subsection (1), the Tribunal must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. 3: The Tribunal may dismiss or allow the appeal 4: If the Tribunal allows the appeal a: it must refer the claim back to a refugee and protection officer for consideration; and b: if the appeal section 194(5) section 194(6)(a) 5: To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant. Section 197(3) amended 7 May 2015 section 55(1) Immigration Amendment Act 2015 Section 197(4) amended 7 May 2015 section 55(2) Immigration Amendment Act 2015 Section 197(4)(b) amended 7 May 2015 section 55(3) Immigration Amendment Act 2015 198: Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition 1: Where an appeal is brought under section 194(1)(c), (d), or (e) a: determine the matter de novo; and b: determine, in the following order: i: whether to recognise the person as a refugee on the ground set out in section 129 ii: whether to recognise the person as a protected person on the ground set out in section 130 iii: whether to recognise the person as a protected person on the ground set out in section 131 c: in relation to the matters in paragraph (b)(ii) and (iii), determine whether there are serious reasons for considering that the claimant has— i: committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or ii: committed a serious non-political crime outside New Zealand before coming to New Zealand; or iii: been guilty of acts contrary to the purposes and principles of the United Nations. 2: However, if the appeal is brought under section 194(1)(e) section 145(b)(i) or (iii) a: determine the matter de novo; and b: determine whether either or both of the following apply: i: recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information: ii: the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and c: if it finds that either or both of the matters under paragraph (b) do apply, determine the matters described in subsection (1)(b) and (c); and d: if it does not find that either of the matters described in paragraph (b) applies, allow the appeal. 3: The Tribunal may dismiss or allow the appeal 4: If the Tribunal allows an appeal section 194(5) section 194(6)(a) 5: To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant. Section 198(1) amended 7 May 2015 section 56(1) Immigration Amendment Act 2015 Section 198(2) replaced 7 May 2015 section 56(2) Immigration Amendment Act 2015 Section 198(3) amended 7 May 2015 section 56(3) Immigration Amendment Act 2015 Section 198(4) amended 7 May 2015 section 56(4) Immigration Amendment Act 2015 Section 198 compare note repealed 7 May 2015 section 56(5) Immigration Amendment Act 2015 199: After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts The Minister must make any decision about a person's immigration status if the Tribunal has determined that— a: the person is a protected person; and b: there are serious reasons under section 198(1)(c) 200: Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person 1: Where an appeal is brought under section 195(1)(a) a: whether there has been a significant change in circumstances material to the appellant’s claim since the previous claim was determined; and b: if so, whether the change in 1 or more of the circumstances was brought about by the appellant— i: acting otherwise than in good faith; and ii: for a purpose of creating grounds for recognition under any of sections 129 to 131 2: The Tribunal must dismiss the appeal if it determines that— a: there is no significant change in circumstances; or b: the change in 1 or more of the circumstances was brought about by the appellant— i: acting otherwise than in good faith; and ii: for a purpose of creating grounds for recognition under any of sections 129 to 131 3: The Tribunal must consider the claim for recognition in accordance with section 198(1) a: determines that there is a significant change in circumstances; and b: does not determine that the change in 1 or more of the circumstances was brought about by the appellant— i: acting otherwise than in good faith; and ii: for a purpose of creating grounds for recognition under any of sections 129 to 131 4: Where an appeal is brought under section 195(1)(b) 5: If the Tribunal determines that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must dismiss the appeal. 6: If the Tribunal does not determine that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must consider the claim for recognition in accordance with section 198(1) 7: Where an appeal is brought under section 195(2) section 198(1) 8: If the Tribunal reverses a decision in relation to a person to whom section 195(6) section 195(7)(a) Section 200(1)(b)(ii) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Section 200(2)(b)(ii) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Section 200(3)(b)(ii) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Appeal on facts against liability for deportation 201: Persons who may appeal to Tribunal on facts 1: The following persons may appeal to the Tribunal on the facts against their liability for deportation: a: residents whose liability for deportation arises under section 155 156(1)(b) 158(1)(b) 159 160 b: permanent residents whose liability for deportation arises under section 155 156(1)(b) 158(1)(b) 160 c: persons recognised as refugees or protected persons whose liability for deportation arises under section 162(1) 2: The following persons may not appeal to the Tribunal on the facts against their liability for deportation: a: residents or permanent residents whose liability for deportation arises under section 156(1)(a) 158(1)(a) 161 b: persons whose liability for deportation arises under section 162(1) c: persons whose liability for deportation arises by way of a deportation order under section 163 202: Grounds for determining appeal on facts The Tribunal must allow an appeal against liability for deportation on the facts where,— a: in the case of an appellant liable for deportation under section 155 b: in the case of an appellant liable for deportation under section 156(1)(b) c: in the case of an appellant liable for deportation under section 158(1)(b)(i) ca: in the case of an appellant liable for deportation under section 158(1)(b)(ii) d: in the case of an appellant liable for deportation under section 159 i: the conditions of the resident visa were met; or ii: the resident has not materially breached the conditions of his or her visa: e: in the case of an appellant liable for deportation under section 160 i: the new information was not material to the applicant’s character as at the time the visa was granted; or ii: the person would have been eligible for the grant of the visa under this Act or immigration instructions: f: in the case of an appellant liable for deportation under section 162 i: the person's recognition as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or ii: the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information. Section 202(c) replaced 7 May 2015 section 57 Immigration Amendment Act 2015 Section 202(ca) inserted 7 May 2015 section 57 Immigration Amendment Act 2015 203: Process when entitlement to appeal on facts and humanitarian grounds 1: A person who is entitled to and wishes to appeal both on the facts and on humanitarian grounds must lodge both appeals together within the relevant time limits. 2: Where practicable, the Tribunal must consider both appeals together, but— a: must first consider the appeal on the facts; and b: may dispense with its consideration of the humanitarian appeal if the appellant’s appeal on the facts is successful. 3: This section is subject to sections 194(6) 195(7) 204: Special process where refugee or protection status acquired through fraud, etc 1: Subject to subsections (2) and (3), where a person who is liable for deportation under section 162 sections 129 to 131 2: If the Tribunal has allowed an appeal on the facts under section 202(f) a: whether the person is currently a refugee or a protected person; or b: any humanitarian appeal brought by the person. 3: If the Tribunal does not allow an appeal on the facts under section 202(f) a: first determine whether to recognise the person as a refugee or a protected person in terms of sections 129 130 131 b: if it does not recognise the person as a refugee or a protected person, then determine any humanitarian appeal by the person. 4: When determining whether to recognise a person as a refugee or a protected person for the purposes of this section, the Tribunal must determine the matter in accordance with section 198(1) 205: Special process if refugee or protected person liable for deportation under section 161 1: This section applies if— a: a refugee or a protected person is liable for deportation under section 161 b: a refugee and protection officer has determined that the deportation of the person is not prohibited under section 164 c: the person appeals against that determination under section 161(2)(b) 2: The Tribunal must— a: first determine whether the deportation of the person is prohibited under section 164 b: if it determines that the deportation of the person is not prohibited, then determine any appeal on humanitarian grounds brought by the person. Appeal on humanitarian grounds against liability for deportation 206: Who may appeal to Tribunal on humanitarian grounds 1: The following persons may appeal to the Tribunal on humanitarian grounds against their liability for deportation: a: a person liable for deportation under section 154 b: a temporary visa holder or interim visa holder liable for deportation under section 155 156 157 c: a resident or permanent resident liable for deportation under section 155 156 158 159 160 161 d: a person liable for deportation under section 162 2: No person may appeal to the Tribunal on humanitarian grounds— a: against any liability for deportation arising from the expiry or cancellation of a limited visa; or b: if he or she is a person to whom section 115 154(5) 210(2) 216(2) c: whose liability for deportation arises by way of a deportation order under section 163 ; or d: if he or she holds a limited visa and is liable for deportation under section 155 156 157 e: if the person is liable for deportation under section 155 3: No person may appeal to the Tribunal on humanitarian grounds against his or her liability for deportation if the person has— a: failed to lodge a humanitarian appeal at the same time as lodging an appeal in relation to a claim or a subsequent claim, where he or she is required to do so under this Act; or b: had a humanitarian appeal heard by the Tribunal in relation to a claim or a subsequent claim. Section 206(2)(b) amended 7 May 2015 section 58(1) Immigration Amendment Act 2015 Section 206(2)(c) amended 7 May 2015 section 58(2) Immigration Amendment Act 2015 Section 206(2)(d) inserted 7 May 2015 section 58(3) Immigration Amendment Act 2015 Section 206(2)(e) inserted 7 May 2015 section 58(3) Immigration Amendment Act 2015 207: Grounds for determining humanitarian appeal 1: The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that— a: there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and b: it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand. 2: In determining whether it would be unjust or unduly harsh to deport from New Zealand an appellant who became liable for deportation under section 161 section 208 1987 No 74 ss 47(3) 105(1A) 208: Right of victims to make submission on appeal 1: In determining a humanitarian appeal by a person who becomes liable for deportation under section 161 a: any written submissions made to it by a victim of an offence or offences of which the appellant has been convicted and from which the liability for deportation arose; and b: any relevant written submissions made by a victim to the Minister under section 173 2: In addition to, or instead of, making written submissions under this section, the victim may, with the leave of the Tribunal, make oral submissions to the Tribunal at the hearing. 3: The Tribunal must make available to a lawyer or agent acting for the appellant, on a request by the appellant, a copy of all written submissions made by the victim under section 173 4: The Tribunal, or a lawyer or agent acting for the appellant, must, on a request for the purpose, show the appellant a copy of all written submissions made by the victim under section 173 5: Despite subsections (3) and (4), the Tribunal may withhold from the appellant and every lawyer or agent acting for the appellant (if any) either or both of the following if, in the Tribunal’s opinion, that withholding is necessary to protect the physical safety or security of the victim concerned: a: any part of the victim’s written submissions under section 173 section 173(4) b: any part of the victim’s written submissions under this section. 6: Despite subsection (1), the Tribunal must not have regard to any part of the victim’s submissions that is withheld under subsection (5). 7: In this section, victim section 29 Orders on determination of appeal 209: Tribunal may make orders considered necessary on allowing appeal against liability for deportation If the Tribunal decides that an appeal against liability for deportation should be allowed, it may order that an immigration officer take such steps as it considers necessary to give effect to its decision. 210: Tribunal may order grant of visa on allowing appeal against liability for deportation 1: Without limiting section 209 a: a resident visa subject to such conditions (if any) as the Tribunal determines; or b: a temporary visa for a period not exceeding 12 months subject to such conditions (if any) as the Tribunal determines. 2: If a temporary visa is granted following an order made under subsection (1)(b), no further appeal against liability for deportation may be brought by the holder upon the expiry of the visa or upon the holder earlier becoming liable for deportation. 3: The Tribunal may order the imposition of any condition on the grant of a resident visa that it thinks fit, having regard to the reasons why the appellant was able to demonstrate exceptional circumstances of a humanitarian nature or why it was not contrary to the public interest to allow the appellant to remain in New Zealand, whether or not the condition is of a kind authorised by residence instructions. 4: To avoid doubt, the Tribunal may order an immigration officer to grant a visa, and the officer must grant the visa, even though the person would normally be prohibited from being granted a visa under section 15 16 5: If the Tribunal orders the imposition of any condition on a visa,— a: the condition must be treated as if it were a condition imposed by the Minister under section 50 52 b: the condition must be notified to the visa holder in writing; and c: section 56(1) 6: The chief executive must ensure that the terms of an order given under this section are complied with. 1987 No 74 s 52 211: Effect of successful appeal against liability for deportation 1: If the Tribunal allows an appeal under this Part against liability for deportation, the appellant's liability is cancelled and subsection (2), (3), or (4) applies, as the case may be. 2: If the appellant is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the appellant is detained that the appellant's liability for deportation is cancelled, and the appellant must be immediately released. 3: If the appellant is subject to residence or reporting requirements under section 315 4: If the appellant has been released on conditions under section 320 5: Subsection (1) applies unless— a: the appeal concerned is a humanitarian appeal; and b: the appellant is a resident or a permanent resident; and c: the Tribunal instead suspends the appellant's liability for deportation under section 212 6: Nothing in this section limits section 209 1987 No 74 s 107 212: Tribunal may suspend liability for deportation on allowing humanitarian appeal 1: On allowing any humanitarian appeal the Tribunal may, in the case of a resident or permanent resident, make an order suspending the appellant’s liability for deportation for a period not exceeding 5 years, subject to such conditions (if any) as the Tribunal determines. 2: If a person’s liability for deportation has been suspended by the Tribunal under subsection (1), the Minister may subsequently apply to the Tribunal for a determination on whether the person has failed to meet any condition imposed by the Tribunal. 3: If the Tribunal determines that the person has failed to comply with any condition,— a: the Tribunal may reactivate the person's liability for deportation by causing an immigration officer to serve a deportation liability notice on the person that sets out the grounds of the reactivation; and b: the person has 28 days from the date the notice is served to leave New Zealand before he or she may be deported. 4: In the case of a person in imprisonment, the period referred to in subsection (1) commences on the date of the person’s release from imprisonment. 5: The suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds. 213: Effect of suspension 1: If a person’s liability for deportation is suspended by the Tribunal under section 212 a: subsection (2), (3), or (4) applies, as the case may be; and b: the person may not apply for a visa of a different class or type; and c: the processing of any application made by the person for a visa of a different class or type must be suspended; and d: subject to sections 9 10 section 7(1)(b)(i) 2: If the person is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the person is detained that the person's liability for deportation is suspended, and the person must be immediately released. 3: If the person is subject to residence or reporting requirements under section 315 4: If the person has been released on conditions under section 320 5: If the Minister determines that a person has met any conditions imposed by the Tribunal under section 212(1) 6: If the Tribunal did not impose conditions on the person under section 212(1) 214: Effect of suspension on appeal 1: This section applies if the Minister suspends a person’s liability for deportation, and the person has lodged an appeal under this Part against that liability. 2: If the person does not withdraw the appeal, the Tribunal may, on the application of the person, adjourn any appeal on humanitarian grounds lodged by the person. 3: If the person’s liability for deportation is cancelled under section 172 174(2) 4: If the person is served with a reactivation section 172(3) 5: Section 214(4) amended 24 October 2019 section 68(1) Statutes Amendment Act 2019 Section 214(5) repealed 24 October 2019 section 68(2) Statutes Amendment Act 2019 215: Tribunal may reduce or remove period of prohibited entry under deportation order 1: On declining an appeal against liability for deportation, the Tribunal may in its absolute discretion order the reduction, or removal altogether, of the period of any prohibition on entry to New Zealand that would otherwise apply under section 179 2: A reduction or removal under subsection (1) remains subject to section 180(1) 216: Tribunal may make order delaying deportation if appeal unsuccessful 1: On declining an appeal against liability for deportation, if the Tribunal considers it necessary to enable the appellant to remain in New Zealand for the purposes of getting his or her affairs in order, it may order— a: that the deportation of the appellant be delayed for a period not exceeding 12 months, commencing on the date of the Tribunal's decision; or b: that a temporary entry class visa, valid for a period not exceeding 12 months, commencing on the date of the Tribunal's decision, be granted to the appellant. 2: If the Tribunal orders the grant of a visa under subsection (1)(b), no further appeal against liability for deportation may be brought by the holder upon the expiry of the visa or upon the holder earlier becoming liable for deportation. Immigration and Protection Tribunal 217: Immigration and Protection Tribunal 1: For the purposes of this Act there is a tribunal called the Immigration and Protection Tribunal. 2: The functions of the Tribunal are— a: to determine appeals against— i: decisions to decline to grant residence class visas: ii: decisions in relation to recognition as a refugee or a protected person: iii: decisions to cease to recognise a person as a refugee or a protected person: iv: decisions to cancel the recognition of a New Zealand citizen as a refugee or a protected person: v: liability for deportation: b: to determine applications— i: made by refugee and protection officers in relation to the cessation of recognition of a person as a refugee or a protected person, if the recognition was originally determined by the Tribunal (or by the Refugee Status Appeals Authority under the former Act): ii: made by refugee and protection officers in relation to the cancellation of recognition of a New Zealand citizen as a refugee or a protected person, if the recognition was originally determined by the Tribunal (or by the Refugee Status Appeals Authority under the former Act): iii: made by the Minister under section 212(2) c: to deal with certain transitional matters arising from the repeal of the Immigration Act 1987 Part 12 218: Nature of Tribunal 1: The Tribunal is a specialist body that has the role of deciding appeals and matters by making findings of fact, applying the relevant law, and making a determination. 2: In carrying out its role, the proceedings of the Tribunal in any particular case may be, as the Tribunal thinks fit,— a: of an inquisitorial nature; or b: of an adversarial nature; or c: of both an inquisitorial and an adversarial nature. 219: Membership of Tribunal 1: The Tribunal consists of— a: a chair, being a District Court Judge: b: such other members as may be appointed under subsection (3), being lawyers who have held a practising certificate for at least 5 years or have other equivalent or appropriate experience (whether in New Zealand or overseas): c: a representative of the United Nations High Commissioner for Refugees, to serve as an ex officio member in relation to matters relating to refugees: d: a District Court Judge seconded to the Tribunal under section 240 2: The chair of the Tribunal is appointed by the Governor-General on the advice of the Attorney-General, given after consultation with the Minister of Justice and the Minister. 3: The other members 4: None of the following persons may be appointed as a member of the Tribunal: a: an immigration officer; or b: a refugee and protection officer; or c: any person who at any time in the previous 5 years has been— i: an immigration officer; or ii: a refugee and protection officer; or iii: an immigration officer, a visa officer, or a refugee status officer under the former Act. Section 219(3) amended 14 November 2018 section 100 Tribunals Powers and Procedures Legislation Act 2018 219A: Appointment of temporary acting chair or member of Tribunal 1: If the chair or another member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if another member appointed under section 219(1)(b) a: on the recommendation of the Attorney-General, after consultation with the Minister of Justice and the Minister, may appoint a suitable person as the acting chair for the period or purpose stated in the appointment: b: on the recommendation of the Minister of Justice, after consultation with the Minister, may appoint a suitable person as an acting member for the period or purpose stated in the appointment. 2: No person may be appointed as an acting chair or acting member unless he or she is eligible for appointment to the relevant position. 3: An acting chair or other member, while acting in that position, is to be treated as the chair or other member. 4: No appointment of an acting chair or other member, no act done by an acting chair or other member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 219A inserted 14 November 2018 section 101 Tribunals Powers and Procedures Legislation Act 2018 220: Role of chair of Tribunal 1: In addition to deciding appeals and matters in the Tribunal, the chair of the Tribunal is responsible for— a: making such arrangements as are practicable to ensure that the members of the Tribunal discharge their functions— i: in an orderly and expeditious manner; and ii: in a way that meets the purposes of this Act; and b: directing the education, training, and professional development of members of the Tribunal; and c: dealing with complaints made about members of the Tribunal. 2: Without limiting subsection (1), the chair of the Tribunal may— a: issue practice notes (not inconsistent with this Act or any regulations made under it) for the purposes of regulating the practice and procedure of the Tribunal and for the guidance of other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal b: develop a code of conduct for members of the Tribunal: c: require particular members of the Tribunal to determine particular appeals. Section 220(2)(a) amended 14 November 2018 section 102 Tribunals Powers and Procedures Legislation Act 2018 221: Exercise of jurisdiction 1: For the purpose of any appeal or matter in its jurisdiction, the Tribunal consists of 1 member, except as provided in this section. 2: The chair of the Tribunal may direct that, because of the exceptional circumstances of any case, the case is to be heard and determined by more than 1 member. In any such case the chair must designate— a: the members who are to hear and determine the case (being not more than 3 members); and b: the member who is to be the presiding member for the purposes of the hearing and determination. 3: Where a case before the Tribunal relates to a refugee or a claimant for refugee status,— a: the ex officio member referred to in section 219(1)(c) b: this is in addition to the other member or members of the Tribunal required under subsection (1) or (2). 222: Procedure for determining appeals and matters generally 1: The Tribunal must determine an appeal or matter with all reasonable speed. 2: The chair of the Tribunal may decide the order in which appeals and matters are to be heard generally, or in any particular circumstances. 3: No decision on an appeal or matter is to be called into question on the basis that the appeal or matter ought to have been heard or decided earlier or later than any other appeal, matter, or category of appeal or matter. 4: The Tribunal may regulate its procedures as it sees fit, subject to this Act and any regulations made under this Act. 5: This section is subject to section 257 223: Chair to ensure appeals and matters heard expeditiously 1: The chair of the Tribunal must make such directions as are necessary to ensure that appeals and matters are heard in an orderly and expeditious manner. 2: Subsection (3) applies if— a: more than 1 appeal is lodged by the same person whether or not— i: relating to substantially the same set of circumstances; or ii: lodged at the same time; or b: appeals or matters that are lodged by different persons— i: are associated because— A: of the relationship of the appellant or appellants or affected person or persons; or B: they relate to the same person; and ii: relate to substantially the same set of circumstances; or c: an appeal or matter is lodged and a previous appeal or matter has already been determined in respect of the same person. 3: If this subsection applies, the chair may, for the purposes of complying with subsection (1), direct that— a: the appeals or matters be determined by the same member of the Tribunal; or b: the appeals or matters be determined together by the same member of the Tribunal; or c: the appeal or matter be determined by the same member of the Tribunal who determined the previous appeal or matter. 224: Tribunal may dismiss frivolous or vexatious appeal The Tribunal may at any time dismiss an appeal that it is satisfied is frivolous or vexatious. 224AA: Tribunal may strike out, determine, or adjourn appeal 1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it— a: discloses no reasonable cause of action; or b: is likely to cause prejudice or delay; or c: is frivolous or vexatious; or d: is otherwise an abuse of process. 2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,— a: if the party is required to be present, strike out the proceeding; or b: determine the proceeding in the absence of the party; or c: adjourn the hearing. Section 224AA inserted 14 November 2018 section 103 Tribunals Powers and Procedures Legislation Act 2018 224A: Annual report on performance of Tribunal's functions 1: The chair of the Tribunal must, in each year, provide a report to the Minister of Justice, the Minister of Immigration, and the Minister for Courts on the performance of the Tribunal's functions under this Act in respect of the financial year ending in that year. 2: The report must include details of both the number of determinations and the nature of the determinations made by the Tribunal in the period to which the report relates. 3: The Minister of Justice must present a copy of the report to the House of Representatives as soon as practicable after it is provided to that Minister. Section 224A inserted 7 May 2015 section 59 Immigration Amendment Act 2015 Procedure for appeals and matters 225: How appeal or matter lodged 1: An appeal or matter must be lodged in the prescribed manner and be accompanied by the prescribed fee (if any). 2: The appellant or affected person must— a: provide the Tribunal with a contact address and an address for service; and b: notify the Tribunal in a timely manner of a change in either 3: 4: Section 225(2)(a) replaced 7 May 2015 section 60(1) Immigration Amendment Act 2015 Section 225(2)(b) amended 7 May 2015 section 60(2) Immigration Amendment Act 2015 Section 225(3) repealed 7 May 2015 section 60(3) Immigration Amendment Act 2015 Section 225(4) repealed 7 May 2015 section 60(3) Immigration Amendment Act 2015 226: Proceedings on appeal or matter 1: It is the responsibility of an appellant or affected person to establish his or her case or claim, and the appellant or affected person must ensure that all information, evidence, and submissions that he or she wishes to have considered in support of the appeal or matter are provided to the Tribunal before it makes its decision on the appeal or matter. 2: Where an appeal or matter is lodged,— a: subject to agreement between the Tribunal and the chief executive, the Tribunal must give the chief executive a copy of the notice of appeal or matter and any information, evidence, or submissions lodged by the appellant or affected person; and b: the chief executive must, in the time allowed by the Tribunal for the purpose, lodge with the Tribunal any file relevant to the appeal or matter that is held by the Department. 3: The Minister, the chief executive, or a refugee and protection officer may also, in the time allowed by the Tribunal for the purpose, lodge with the Tribunal any other information, evidence, or submissions in relation to the appeal or matter as he or she thinks fit. 1987 No 74 ss 18F(3) 129P(1) 227: Minister or Department is party to proceedings The Minister, the chief executive, or a refugee and protection officer, as the case may be, is a party to any proceedings under this Act, including proceedings involving classified information. 228: Information Tribunal may consider 1: When considering an appeal or a matter, the Tribunal may seek information from any source. 2: However, the Tribunal is not obliged to seek any information, evidence, or submissions further to those provided by the appellant or the affected person and the Minister, the chief executive, or a refugee and protection officer (as the case may be), and may determine the appeal or matter only on the basis of the information, evidence, and submissions provided by those persons. 1987 No 74 ss 18F(2) 129P(2) 129S 229: Tribunal may require chief executive to provide information 1: The Tribunal may require the chief executive to seek and provide information relevant to an appeal or matter, and the chief executive must comply, to the extent practicable, with such a requirement. 2: Where the chief executive provides information to the Tribunal under subsection (1), the chief executive must be treated as an agent of the Tribunal for the purposes of the Official Information Act 1982 Privacy Act 2020 3: No party to the appeal or matter may request the Tribunal to exercise its powers under this section. 4: This section is subject to section 35(3) 1987 No 74 ss 18F(3) 129P(4) Section 229(2) amended 1 December 2020 section 217 Privacy Act 2020 230: Tribunal must disclose prejudicial information 1: Except as provided in subsection (3), the Tribunal must disclose to the appellant or affected person, and give the appellant or affected person an opportunity to rebut or comment on, information or material that— a: is provided to the Tribunal by a source other than the appellant or affected person; and b: is or may be prejudicial to the appellant or affected person; and c: the Tribunal intends to take into account in determining the appeal or matter. 2: The Tribunal must set a reasonable time within which the appellant or affected person may rebut or comment on the information or material. 3: Subsection (1) does not require the Tribunal to disclose any information or material if— a: the disclosure would be likely to endanger the safety of any person; or b: it is classified information that the Tribunal must keep confidential and must not disclose under section 259 4: The Tribunal must, however, notify the appellant or affected person of the fact of any non-disclosure on the grounds specified in subsection (3). 1987 No 74 s 18F(7)–(9) 231: Findings of credibility and fact 1: On any appeal or matter, the Tribunal may rely on any finding of credibility or fact— a: by the Tribunal in any previous appeal or matter determined by the Tribunal that involved the appellant or affected person; or b: by any appeals body in any previous appeal or matter determined by the appeals body that involved the appellant or affected person. 2: A person may not challenge any finding of credibility or fact that may be relied on by the Tribunal under subsection (1). 3: For the purposes of subsection (1)(b), matter section 129L(1)(f) 1987 No 74 s 129P(9) 232: Tribunal may require provision of biometric information For the purposes of assisting the Tribunal to determine an appeal or matter, the Tribunal may require the appellant or affected person to allow biometric information to be collected from him or her. 233: When Tribunal must or may provide oral hearing 1: The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. 2: The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. 3: The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— a: the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and b: the Tribunal considers that the appeal or other contention of the person— i: is prima facie manifestly unfounded or clearly abusive; or ii: relates to a subsequent claim for refugee or protection status. 4: The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status. Section 233 replaced 19 June 2013 section 9 Immigration Amendment Act 2013 234: Decision on papers in other circumstances 1: Despite section 233 2: Except as otherwise provided in section 233 235: Tribunal may issue single decision when appeals or matters heard together In any proceedings in which more than 1 appeal or matter is heard together, the Tribunal may issue a single decision in respect of the appeals or matters. 236: Appeals against deportation liability where person serving prison sentence 1: Where a person appealing against his or her liability for deportation is serving a sentence of imprisonment in a prison, the Tribunal must, with a view to determining the appeal before the person’s release, consider and determine any appeal on humanitarian grounds as soon after the appeal is lodged but before sentence) before the person’s 2: In this section, parole eligibility date short-term sentence statutory release date section 4 Section 236(1) amended 24 October 2019 section 69(a) Statutes Amendment Act 2019 Section 236(1) amended 24 October 2019 section 69(b) Statutes Amendment Act 2019 Section 236(1) amended 24 October 2019 section 69(c) Statutes Amendment Act 2019 237: Procedure Schedule 2 238: Withdrawal of appeal or matter 1: An appeal to the Tribunal may be withdrawn by the appellant at any time. 2: A matter lodged with the Tribunal may be withdrawn by the applicant at any time. 3: If a person withdraws an appeal against liability for deportation, the person may be served with a deportation order and the person’s deportation may be executed. 4: In any other case, if an appeal is withdrawn, the decision appealed against stands. 239: Deemed withdrawal of certain appeals where person leaves New Zealand 1: A person’s appeal to the Tribunal is deemed to be withdrawn when the person leaves New Zealand if the appeal is— a: an appeal against liability for deportation, if the appeal is brought by a person liable for deportation under any of sections 154 to 158 161 162 b: an appeal against a decision to decline recognition as a refugee or a protected person; or c: an appeal against a decision to cease to recognise a person as a refugee or a protected person. 2: Subsection (1) does not apply if— a: the person's liability for deportation has been suspended under section 172(2) b: the person leaves New Zealand during the suspension period. 3: In determining whether a person has left New Zealand, the Tribunal may rely on a certificate made under section 366(2)(17) Special procedure where classified information involved 240: How proceedings involving classified information to be conducted by Tribunal 1: If proceedings before the Tribunal involve classified information, the Tribunal must consist of— a: the chair of the Tribunal; or b: the chair of the Tribunal and 1 or 2 other members. 2: If subsection (1)(b) applies, each member must be— a: a member of the Tribunal who is a District Court Judge; or b: a nominated District Court Judge. 3: In this section, nominated District Court Judge a: the Chief District Court Judge; or b: a District Court Judge (other than the chair of the Tribunal) nominated by the Chief District Court Judge to be seconded to the Tribunal to exercise its jurisdiction in relation to proceedings involving classified information. 4: For the purposes of subsection (2)(b), the Chief District Court Judge may nominate a maximum of 2 District Court Judges (other than himself or herself) at any one time. 241: Presentation of classified information to Tribunal 1: The Tribunal must be given access to classified information that— a: was relied on to make a decision that is on appeal to the Tribunal; or b: is first raised in the course of an appeal to, or a matter before, the Tribunal. 2: Before holding a substantive hearing on the appeal or matter, the Tribunal must hold a closed hearing at which the chief executive of the relevant agency makes a presentation on the classified information (a preliminary hearing 3: The purpose of the preliminary hearing is not to enable the Tribunal to consider or determine the matters in section 243 a: the chief executive of the relevant agency about the information; or b: if necessary, any other person from the relevant agency about the information. 4: The preliminary hearing may not occur before the date that is 28 days after the appellant or affected person is provided with the names of possible special advocates under section 265(2) 5: The content of the presentation is to be determined by the chief executive of the relevant agency. 242: Tribunal to approve summary of allegations 1: The purpose of this section is to give an appellant or affected person an opportunity to comment on potentially prejudicial information in the course of proceedings involving classified information before the Tribunal. 2: If proceedings before the Tribunal involve classified information,— a: the chief executive of the relevant agency must develop, and provide to the Tribunal for approval, a summary of the allegations arising from the classified information; and b: the Tribunal must— i: approve the summary developed under paragraph (a); or ii: modify the summary, and then approve it; and c: following approval (with or without modification) of the summary, the Tribunal must provide the summary to the appellant or affected person, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant). 3: For the purposes of making its decision, the Tribunal may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3) 4: In determining whether, or how, to modify the summary, the Tribunal— a: must have regard to the views of the relevant agency; and b: may have regard to the views of the applicant or the person who made the decision to which the proceedings apply. 5: Nothing in this section requires the summary to— a: list any documents or other source material containing classified information; or b: detail the contents of any documents or other source material containing classified information; or c: specify the source of any documents or other source material containing classified information. 6: An updated summary must be prepared and provided in the same way as if it were a summary prepared under subsection (2) if— a: any classified information that was proposed to be relied on in the course of the appeal or matter is withdrawn (unless all the information is withdrawn); or b: further relevant classified information becomes available that may be relied on in the course of the appeal or matter. 7: To avoid doubt, a special advocate may not be involved in the process of approving, amending, or updating a summary (including an updated summary). 243: Matters to be considered by Tribunal 1: Where proceedings involve classified information, the Tribunal must determine the following matters: a: whether the classified information is relevant to the subject matter of the appeal or matter concerned: b: whether the classified information is information of a kind specified in section 7(2) section 7(3) c: whether the classified information is credible: d: the substantive grounds of the appeal or matter, having regard to— i: all the information available to the Tribunal, including any relevant and credible classified information; and ii: the relevant criteria under which the decision appealed against or to which the matter relates was made. 2: If the Tribunal considers that— a: any classified information is not relevant to the appeal or matter, it must disregard that information; and b: any information does not meet the criteria specified in section 7(2) and (3) i: the relevant agency agrees to the disclosure of the information to the appellant or affected person; or ii: the Tribunal considers that it is of benefit to the appellant or affected person; and c: any classified information is not credible, it must disregard that information. 3: To avoid doubt, classified information may be relevant to an appeal or matter whether it is beneficial or detrimental to the appellant or affected person. 244: Tribunal may require mixture of closed and open hearings In any oral hearing for proceedings involving classified information, the Tribunal may require a mixture of— a: closed hearings for those parts of the hearing in which classified information is involved; and b: hearings at which the appellant or affected person may be present. Appeal from Tribunal and judicial review 245: Appeal to High Court on point of law by leave 1: Where any party to an appeal to, or matter before, the Tribunal (being either the person who appealed or applied to the Tribunal, an affected person, or the Minister, chief executive, or other person) is dissatisfied with any determination of the Tribunal in the proceedings as being erroneous in point of law, that party may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the High Court on that question of law. 1A: A decision by the Court of Appeal to refuse leave to appeal to the High Court is final. 2: An application to the High Court under this section for leave to appeal must be made a: not later than 28 days after the date on which the decision of the Tribunal to which the appeal relates was notified to the party appealing; or b: within such further time as the High Court may allow on application made before the expiry of that 28-day period. 3: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason ought to be submitted to the High Court for its decision. 4: On the appeal, the High Court must determine the question or questions of law arising in the proceedings, and may then— a: confirm the decision in respect of which the appeal has been brought; or b: remit the matter to the Tribunal with the opinion of the High Court, together with any directions as to how the matter should be dealt with; or c: make such other orders in relation to the matter as it thinks fit. 5: Subject to subsection (2), every appeal under this section must be dealt with in accordance with the rules of the court, with any modifications necessary to reflect the provisions of this Act, including any ancillary general practices and procedures developed under section 260 1987 No 74 s 115 Section 245(1A) inserted 7 May 2015 section 61(1) Immigration Amendment Act 2015 Section 245(2) amended 7 May 2015 section 61(2) Immigration Amendment Act 2015 246: Appeal to Court of Appeal on point of law by leave 1: Any party to an appeal under section 245 Section 56 2: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason ought to be submitted to the Court of Appeal for its decision. 3: The court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise. 4: Every appeal under this section must be dealt with in accordance with the rules of the court, with any modifications necessary to reflect the provisions of this Act, including any ancillary general practices and procedures developed under section 260 1987 No 74 s 116 Section 246(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 247: Special provisions relating to judicial review 1: Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced not later than 28 days after the date on which the person concerned is notified of the decision, unless— a: the High Court decides that, by reason of special circumstances, further time should be allowed; or b: leave is required, under section 249(3) 2: 3: In this section, statutory power of decision section 4 4: Nothing in this section limits the time for bringing review proceedings challenging the vires of any regulations made under this Act. 1987 No 74 s 146A Section 247(1) replaced 7 May 2015 section 62 Immigration Amendment Act 2015 Section 247(2) repealed 7 May 2015 section 62 Immigration Amendment Act 2015 Section 247(3) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 248: Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision The Minister, the chief executive, or a refugee and protection officer, as the case may be, may be a respondent in any review proceedings relating to a decision of the Tribunal. 249: Restriction on judicial review of matters within Tribunal’s jurisdiction 1: No review proceedings may be brought in any court in respect of a decision where the decision (or the effect of the decision) may be subject to an appeal to the Tribunal under this Act unless an appeal is made and the Tribunal issues final determinations on all aspects of the appeal. 2: No review proceedings may be brought in any court in respect of any matter before the Tribunal unless the Tribunal has issued final determinations in respect of the matter. 3: Review proceedings may then only be brought in respect of a decision or matter described in subsection (1) or (2) if the High Court has granted leave to bring the proceedings or, if the High Court has refused to do so, the Court of Appeal has granted leave. 4: An application to the High Court for leave to bring review proceedings must be made— a: not later than 28 days after the date on which the Tribunal’s determination in respect of the decision or matter to which the review proceedings relate is notified to the person bringing the proceedings; or b: within such further time as the High Court may allow on application made before the expiry of that 28-day period. 5: A decision by the Court of Appeal to refuse leave to bring review proceedings in the High Court is final. 6: In determining whether to grant leave for the purposes of this section, the court to which the application for leave is made must have regard to— a: whether review proceedings would involve issues that could not be adequately dealt with in an appeal against the final determination of the Tribunal; and b: if paragraph (a) applies, whether those issues are, by reason of their general or public importance or for any other reason, issues that ought to be submitted to the High Court for review. 7: A court that grants leave under subsection (3) to bring review proceedings must state the issue or issues to be determined in the proceedings. 8: Nothing in this section limits any other provision of this Act that affects or restricts the ability to bring review proceedings. Section 249 replaced 7 May 2015 section 63 Immigration Amendment Act 2015 249A: Applications for appeal and judicial review of Tribunal decision to be lodged together 1: This section applies if a person intends to both appeal against a determination of the Tribunal under this Act and bring review proceedings in respect of that same decision. 2: The person must— a: lodge the application for leave to appeal and the application for leave to bring review proceedings together; and b: if both applications for leave are granted, lodge the application for appeal and the application for judicial review together. 3: The High Court must, unless it considers it impracticable in the particular circumstances of the case to do so,— a: endeavour to determine both applications for leave together; and b: if both applications for leave are granted, endeavour to hear the appeal and the review proceedings together. Section 249A inserted 7 May 2015 section 63 Immigration Amendment Act 2015 249B: Appeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction 1: This section applies in respect of judicial review proceedings for which leave was granted under section 249(3) 2: Any party to the proceedings who is dissatisfied with any determination of the High Court in the proceedings may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the Court of Appeal. Section 56 3: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the issue involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision. Section 249B inserted 7 May 2015 section 63 Immigration Amendment Act 2015 Section 249B(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 250: Certain appeals and review proceedings to be treated as priority fixture All courts must hear and determine any appeal or review proceedings relating to the following persons as if the appeal or review had been granted a priority fixture: a: persons who are unlawfully in New Zealand: b: persons who are not New Zealand citizens and who hold temporary entry class visas. 251: Relationship with Senior Courts Act 2016 The Senior Courts Act 2016 is subject to sections 247 248 249 250 262 Section 251 replaced 1 March 2017 section 183(b) Senior Courts Act 2016 General provisions relating to proceedings involving classified information 252: Proceedings involving classified information may be heard only by nominated Judge 1: Where proceedings involving classified information are to be heard by the High Court, the proceedings must be heard by 1 or more nominated Judges. 2: In this section and section 253 nominated Judge a: the Chief High Court Judge: b: a High Court Judge nominated by the Chief High Court Judge to hear and determine proceedings involving classified information. 3: For the purposes of subsection (2)(b), the Chief High Court Judge may nominate a maximum of 2 High Court Judges (other than himself or herself) at any one time. 253: Appeal to High Court or review proceedings involving classified information 1: This section applies where an appeal or review proceedings in the High Court involve classified information. 2: Where a party raises classified information in an appeal or review proceedings, the nominated Judge must consider the information and any submissions made in relation to it in order to determine whether it is relevant to the appeal or review proceedings. 3: Where the court determines that the classified information is relevant to the appeal or review proceedings, sections 252 255 to 270 4: Where the nominated Judge determines that the classified information is not relevant to the appeal or review proceedings, section 259(3) to (8) 254: Appeal to Court of Appeal or Supreme Court involving classified information 1: This section applies where classified information is relied on in a decision (whether on appeal, review, or otherwise) that is subject to appeal to— a: the Court of Appeal, whether under section 246 b: the Supreme Court. 2: Where a party raises classified information in an appeal or review proceedings, the court must consider the information and any submissions made in relation to it in order to determine whether it is relevant to the appeal or review proceedings. 3: Where the court determines that the classified information is relevant to the appeal or review proceedings, sections 255 to 270 4: Where the court determines that the classified information is not relevant to the appeal or review proceedings, section 259(3) to (8) 255: Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court Where any decision on any appeal or review or other proceedings involving classified information is to be appealed to the Court of Appeal or to the Supreme Court, the appeal must be lodged not later than 10 days after the appellant is notified of the decision being appealed against. 256: Court to approve summary of allegations 1: The purpose of this section is to give an appellant, a respondent, or an affected person, as the case may be, an opportunity to comment on potentially prejudicial information in the course of proceedings involving classified information in a court. 2: If proceedings before a court involve classified information,— a: the chief executive of the relevant agency must develop, and provide to the court for approval, a summary of the allegations arising from the classified information; and b: the court must— i: approve the summary developed under paragraph (a); or ii: modify the summary and then approve it; and c: following approval (with or without modification) of the summary, the court must provide the summary to the appellant, respondent, or affected person, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant). 3: For the purposes of making its decision, the court may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3) 4: In determining whether, or how, to modify the summary, the court— a: must have regard to the views of the relevant agency; and b: may have regard to the views of the person who made the decision to which the proceedings apply or who made the application to which the proceedings apply. 5: Nothing in this section requires the summary to— a: list any documents or other source material containing classified information; or b: detail the contents of any documents or other source material containing classified information; or c: specify the source of any documents or other source material containing classified information. 6: An updated summary must be prepared and provided in the same way as if it were a summary prepared under subsection (2), if— a: any classified information that was proposed to be relied on in the course of the proceedings is withdrawn (unless all the information is withdrawn); or b: further relevant classified information becomes available that will be relied on in the course of the proceedings. 257: Priority or urgency to be afforded to proceedings involving classified information 1: A court and the Tribunal must give priority to setting down and determining any proceedings involving classified information. 2: A court must treat with urgency proceedings involving classified information in relation to a person— a: whose deportation has been ordered under section 163 b: who is being detained under Part 9 3: Nothing in this section prevents a party to proceedings in the Tribunal or a court from requesting urgency in any other case. 258: Relevant agency entitled to be party to proceedings involving classified information 1: Where any proceedings involving classified information are to be heard by the Tribunal or a court, the relevant agency is entitled to be a party to the proceedings. 2: The chief executive of the Department must notify the chief executive of the relevant agency about any proceedings involving classified information. 259: Obligation and powers of Tribunal and courts in relation to classified information 1: The Minister or a refugee and protection officer (as appropriate) must provide to the Tribunal or a court (as appropriate) classified information— a: relied on in making a decision that is appealed or subject to review proceedings in accordance with this Act; or b: first raised in the course of an appeal to, or a matter before, the Tribunal. 2: Before providing the classified information, the Minister or the refugee and protection officer must consult the chief executive of the relevant agency. 3: The Tribunal and the courts must keep confidential and must not disclose any information provided as classified information, even if they consider that the information does not meet the criteria set out in section 7(2) and (3) 4: Subsection (3) applies both during and after completion of proceedings involving classified information. 5: In any oral hearing, the Tribunal and the courts must receive or hear the following in a closed hearing: a: any information provided as classified information: b: any submissions in relation to information provided as classified information. 6: In any proceedings involving classified information, the Tribunal or a court may, in order to comply with subsection (3), make 1 or more of the following orders: a: an order forbidding publication of any report or account of the whole or any part of the evidence adduced or the submissions made in the proceedings: b: an order forbidding the publication of the name of any witness or witnesses, or any name or particulars likely to lead to the identification of any witness or witnesses: c: subject to subsection (5), an order excluding any person from the whole or any part of the Tribunal's or the court's proceedings, including— i: the appellant or the appellant's representative; or ii: the affected person or the affected person's representative; or iii: staff of the Tribunal or court. 7: An order made under subsection (6)— a: may be made for a limited period or permanently; and b: if it is made for a limited period, may be renewed for a further period or periods by the Tribunal or the court; and c: if it is made permanently, may be reviewed by the Tribunal or the court at any time. 8: Nothing in this section limits section 27 1987 No 74 s 82(1), (3) 260: Ancillary general practices and procedures to protect classified information 1: Any general practices and procedures that may be necessary to implement the procedures specified in sections 240 to 244 252 to 270 325 326 a: the chair of the Tribunal and the Attorney-General, in relation to proceedings involving classified information heard by the Tribunal; and b: the Chief Justice and the Attorney-General, in relation to all other proceedings. 2: Without limiting subsection (1), general practices and procedures may be agreed on the following matters: a: measures relating to the physical protection of the classified information during and after all proceedings involving classified information: b: the manner in which the classified information may be provided to the Tribunal or the court: c: measures to preserve the integrity of the classified information until any appeals are withdrawn or finally determined. 261: No disqualification by reason of security briefing No Judge or member of the Tribunal is disqualified from hearing any proceedings involving classified information by reason of having received a briefing on security matters in general from any agency. 262: Restriction on appeal and review 1: No appeal or review proceedings may be brought in respect of the use of classified information for the purposes of this Act except as provided for in this Act. 2: To avoid doubt and without limiting subsection (1) or section 249 a: a determination of the Minister under section 33 b: the form or content of a summary prepared and provided under section 38 c: the form or content of information provided under section 39 d: the form or content of a presentation made by the chief executive of a relevant agency under section 241 e: the form or content of a summary developed, provided, and approved under section 242 256 f: a decision to withdraw, update, or add to classified information. 3: No appeal under section 245 4: No review proceedings may be brought in relation to any appeal or matter before the Tribunal to which subsection (3) or sections 240 to 244 Special advocates 263: Role of special advocates 1: The role of a special advocate is to represent a person who is the subject of— a: a decision made involving classified information; or b: proceedings involving classified information. 2: In particular, a special advocate may— a: lodge or commence proceedings on behalf of the person: b: make oral submissions and cross-examine witnesses at any closed hearing: c: make written submissions to the Tribunal or the court, as the case may be. 3: At all times a special advocate must— a: ensure that the confidentiality of the classified information remains protected; and b: act in accordance with his or her duties as an officer of the High Court. 4: The Minister or a refugee and protection officer (as appropriate) must provide a special advocate with access to the classified information— a: relied on in making the decision being appealed against; or b: provided to the Tribunal for the purpose of determining the matter; or c: provided to the Tribunal or the court in the appeal or in the review proceedings; or d: provided to the court in warrant of commitment proceedings. 5: Before providing access to the classified information, the Minister or the refugee and protection officer must consult the chief executive of the relevant agency. 6: A special advocate must keep confidential and must not disclose classified information, except as expressly provided under this Act. 7: The chief executive of the Department must meet the actual and reasonable costs of a special advocate on a basis agreed between the special advocate and the designated agency. 264: Recognition of special advocates 1: A special advocate is a lawyer (as defined in section 6 2: The designated agency may recognise a lawyer as a special advocate if— a: the lawyer holds an appropriate security clearance given by the chief executive of the Ministry of Justice; and b: the designated agency is satisfied that the lawyer has appropriate knowledge and experience to be recognised as a special advocate. 3: Recognition under this section continues for 5 years, but the designated agency may recognise a lawyer as a special advocate for further 5-year periods. 4: The designated agency may withdraw a special advocate's recognition if the special advocate— a: ceases to hold an appropriate security clearance; or b: is suspended from practice as a barrister, a solicitor, or both, under the Lawyers and Conveyancers Act 2006 c: is struck off the roll of barristers and solicitors of the High Court. 5: The designated agency must, in addition to recording the persons recognised by it as special advocates, maintain a list of special advocates who may represent persons in proceedings under Part 9 a: a person has not yet appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and b: classified information may be relied on in determining an application made under that Part. 265: Appointment of special advocate in individual case 1: The Minister or a refugee and protection officer (as appropriate) must notify the designated agency if it is likely that a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)— a: will be made relying on classified information; and b: may be subject to appeal. 2: The designated agency must provide the names of no fewer than 3 possible special advocates to a person who is the subject of a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)— a: if the decision relies on classified information and a person subject to the decision appeals it; and b: not later than 3 days after the person lodges the appeal. 3: The designated agency must not provide the name of a special advocate unless the special advocate is reasonably available, having regard to the time frames in this Part. 4: The chief executive or the Minister (as appropriate) must notify the designated agency if— a: classified information is first raised or proposed to be raised in the course of an appeal to, or a matter before, the Tribunal; or b: a person appeals against a decision of the Tribunal and the Tribunal relied on classified information in making the decision; or c: a person brings review proceedings in relation to any decision made under this Act and the decision maker relied on classified information in making the decision. 5: The designated agency must provide the names of no fewer than 3 possible special advocates to the appellant, applicant, or affected person, as the case may be, no later than 3 days after receiving a notification under subsection (4). 6: An appellant, applicant, or affected person, as the case may be, must determine whether to appoint a special advocate, and which special advocate to appoint, and notify the designated agency accordingly, not later than 7 days after being notified of the names of possible special advocates. 7: If the appellant, applicant, or affected person does not appoint a special advocate, the Department must make arrangements with the designated agency for a special advocate to be available on behalf of the person. 8: Subsection (6) does not apply if the appellant or applicant is the Minister, the chief executive, or a refugee and protection officer. 266: Appointment of special advocate for purposes of Part 9 proceedings 1: This section applies to a person if the person— a: has not appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and b: is the subject of an application under Part 9 2: If the person has been arrested and detained under Part 9 section 264(5) 3: If the person has been detained under a warrant of commitment, or released on conditions under section 320 section 264(5) 4: If an application on a matter to which subsection (2) or (3) applies is made directly to the High Court, or is transferred to the High Court, the special advocate concerned must be provided with access to the classified information provided to the High Court before the application is heard (and he or she may not unreasonably refuse to be provided with access to the classified information). 5: The designated agency must not provide the name of a special advocate unless the special advocate is reasonably available, having regard to the time frames in Part 9 267: Communication between special advocate and person to whom classified information relates 1: In this section (other than subsection (4)), person A a: a person who has appointed a special advocate under section 265(6) b: a person to whom a special advocate has been made available under section 265(7) 266 2: In subsection (4), person A a: a person who has appointed a special advocate under section 265(6) b: a person to whom a special advocate has been made available under section 265(7) 3: A special advocate may communicate with person A or person A's representative on an unlimited basis until the special advocate has been provided with access to the classified information concerned, but once he or she has been provided with access to the classified information, he or she may not communicate with any person about any matter connected with the proceedings involving the classified information except in accordance with this section. 4: The Minister or a refugee and protection officer (as appropriate) must provide the special advocate with access to the classified information on any date that is 29 days or more after the date on which person A was provided with the names of possible special advocates under section 265(2) or (5) section 265(7) 5: A special advocate may not unreasonably refuse to be provided with access to the classified information after the date after which access may be provided under subsection (4). 6: A special advocate may, without the approval of the Tribunal or the court, communicate about the proceedings with— a: the Judge or Judges of the Tribunal or the court: b: the Minister, or the Minister’s security-cleared representative: c: the refugee and protection officer concerned, or the refugee and protection officer's security-cleared representative: d: the chief executive of the relevant agency, or that chief executive’s security-cleared representative: e: the chief executive of the Department, if the proceedings relate to an application to which section 325 f: any other person, except for person A or his or her representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings. 7: A special advocate who wishes to communicate with person A or his or her representative after having been given access to the classified information may submit a written communication to the Tribunal or the court (as appropriate) for approval and for forwarding to person A or his or her representative. 8: The Tribunal or court must either— a: forward the communication, with or without amendment, to person A or his or her representative if the communication would not be likely to prejudice the interests referred to in section 7(3) b: decline to forward the communication, and notify the special advocate of that decision. 9: The Tribunal or court may consult the chief executive of the relevant agency before determining— a: whether to forward a communication, with or without amendment, to person A or his or her representative; or b: if it proposes to forward the communication, the nature of any amendments necessary; or c: whether to decline to forward the communication. 10: The Tribunal or court may— a: amend a communication only if the communication would be likely to prejudice the interests referred to in section 7(3 b: decline to forward a communication only if the communication would be likely to prejudice the interests referred to in section 7(3) 11: Person A may, of his or her own volition, communicate with the special advocate on any matter in accordance with subsection (12). 12: The communication— a: must be made in writing; and b: may be made through person A's representative. 13: The special advocate must not reply to such a communication except— a: in accordance with the manner set out in subsection (7); or b: in order to provide a bare acknowledgement of receipt of the communication to person A or his or her representative. 268: Protection of special advocates from liability 1: To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of— a: misconduct within the meaning of section 9 b: unsatisfactory conduct within the meaning of section 12 2: To avoid doubt, the provisions of this Act apply despite the requirements of any practice rules made and approved under the Lawyers and Conveyancers Act 2006 3: No person is personally liable for any act done or omitted to be done in good faith, in his or her capacity as a special advocate, in accordance with the requirements or provisions of this Act or of any regulations made under this Act. 269: Tribunal or court may appoint counsel assisting the court 1: The Tribunal or a court may appoint counsel assisting the court for the purposes of any proceedings before it involving classified information. 2: Counsel assisting the court may be a special advocate but, if not, must be a person who holds an appropriate security clearance given by the chief executive of the Ministry of Justice. 3: Subsection (1) applies regardless of whether the person concerned has appointed a special advocate or a special advocate has been made available for the person. 4: The Tribunal or the court may provide counsel assisting the court with access to the classified information concerned as it thinks fit. 5: Counsel assisting the court must keep confidential and must not disclose classified information, except as expressly provided under this Act. 6: Counsel assisting the court may be removed from office by the Tribunal or a court for inability to perform the role of counsel assisting the court, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court. 270: Tribunal or court may appoint special adviser 1: The Tribunal or a court may appoint a cultural, medical, intelligence, military, or other special adviser for the purposes of giving advice in any proceedings before it involving classified information. 2: The special adviser must hold an appropriate security clearance given by the chief executive of the Ministry of Justice. 3: The Tribunal or the court may provide the special adviser with access to the classified information concerned as it thinks fit. 4: A special adviser must keep confidential and must not disclose classified information, except as expressly provided under this Act. 5: Subsection (1) applies regardless of whether— a: the person concerned has appointed a special advocate or a special advocate has been made available for the person; and b: the Tribunal or the court has appointed counsel assisting the court for the purposes of the proceedings. 6: A special adviser may be removed from office by the Tribunal or a court for inability to perform the role of special adviser, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court. 271: Payment to counsel assisting the court or special adviser 1: The Tribunal or the court concerned may make the order it thinks just for payment to— a: counsel assisting the court appointed for any proceedings under section 269 b: a special adviser appointed for any proceedings under section 270 2: The Registrar of the Tribunal or the court must send a copy of the order to the chief executive of the department of State referred to in clause 5 of Schedule 2 8: Compliance and information 272: Purpose of Part The purpose of this Part is— a: to confer on immigration officers the power to obtain information in order to allow the Department to— i: detect immigration fraud or misrepresentation: ii: identify persons failing to comply with immigration-related obligations, including by breaching the conditions of their visas: b: to confer on immigration officers powers to assist in locating persons who are or may be liable for deportation: c: to authorise the Department to share information with other persons and agencies, to enable— i: the persons and agencies to effectively administer and comply with certain legislation or to check a person's eligibility for publicly funded services; and ii: the Department to effectively administer this Act: d: to confer on constables the powers described in paragraphs (a) and (b). 273: Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278 In sections 274 276 277 278 Power to access address information 274: Certificate requiring production of address information 1: An immigration officer may prepare a certificate in the prescribed form if the officer has good cause to suspect that— a: a particular person may be, or may become as a result of investigations, liable for deportation; or b: particular premises are being occupied or have been occupied (whether for residential purposes or otherwise) by a person who may be, or may become as a result of investigations, liable for deportation. 2: A certificate prepared under subsection (1)(a) may, where the officer believes that the person concerned may be using 1 or more aliases, include any such alias. 3: On being provided with a certificate prepared under subsection (1), any person referred to in section 275 a: in the case of a certificate prepared under subsection (1)(a), the present whereabouts of the person named in the certificate or that person’s whereabouts at any time in the past; or b: in the case of a certificate prepared under subsection (1)(b), the name of the present occupier or any of the present occupiers of the premises or the name of the occupier or any of the occupiers of the premises at any time in the past. 4: Subsection (3) applies despite any enactment or rule of law to the contrary, and no person who provides a record or information in compliance with that subsection is liable in any civil or criminal proceedings in respect of that action. 1987 No 74 s 64 275: Persons required to provide access to address information The persons and bodies who may be required by certificate under section 274 a: the following government agencies: i: New Zealand Customs Service: ii: Ministry of Social Development: iii: Ministry of Justice: iv: New Zealand Police: v: Land Transport New Zealand: vi: Department of Building and Housing: vii: Kāinga Ora–Homes and Communities viii: Department of Corrections: ix: any government agency established in substitution for, or set up to take over any relevant function of, the departments and agencies listed in subparagraphs (i) to (viii): b: education providers, in relation only to enrolled students not in compulsory education: c: postal and courier service providers: d: telecommunications service providers: e: internet service providers: f: subscription television service providers: g: finance and banking service providers: h: local government and regional government bodies: i: insurance service providers: j: providers of utilities such as electricity, gas, and water: k: real estate agents: l: in relation to a person whose location is being sought, the person’s employer or former employer. 1987 No 74 s 64 Schedule 1 Section 275(a)(vii) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Powers of entry, inspection, etc 276: Powers of entry and inspection relating to records of accommodation providers 1: An immigration officer may exercise the powers in subsection (2) for the purposes of locating any person who is liable for deportation. 2: Where an immigration officer believes on reasonable grounds that the information contained in any register or list kept by an accommodation provider might relate to any person who is liable for deportation, the officer may— a: enter any part of the premises, other than a part of the premises that is a dwellinghouse, in which the officer reasonably believes the register or list is kept; and b: require the accommodation provider or any person appearing to have that register or list under that person’s control to produce for inspection any part of the register or list that relates to a person who is liable for deportation; and c: copy or require a person to provide a copy of any part of any register or list that is required to be produced to the officer. 3: An immigration officer may exercise the powers in subsection (2) at any reasonable time during which the premises are open for business, whether by day or by night and without warrant or any other authority than this section. 4: In this section, accommodation provider 1987 No 74 s 138 277: Powers of entry and inspection relating to records of employers 1: An immigration officer may exercise the powers in subsection (3) in the circumstances described in subsection (2) for the following purposes: a: determining whether a person is complying with work-related conditions of his or her visa: b: determining whether an employer is complying with the employer's obligations (which, to avoid doubt, includes the obligation not to commit an offence) c: locating a person who is liable for deportation: d: determining whether a person who is working for an employer in New Zealand is entitled to work in New Zealand. 2: An immigration officer may exercise the powers in subsection (3) where the officer believes on reasonable grounds that— a: there is kept on any i: any wages and time record kept by an employer in accordance with the provisions of any Act; or ii: any other document relating to the remuneration or employment conditions of an employee; and b: there may be information in that record or other document relating to a person who is— i: not entitled under this Act to work in New Zealand or to undertake work of the relevant type or duration or for the relevant employer; or ii: otherwise not complying with obligations under this Act (including obligations as an employer); or iii: liable for deportation. 3: An immigration officer may— a: enter any part of the employer’s premises in which the officer reasonably believes a wages and time record, or any other document referred to in subsection (2)(a)(ii), is kept; and b: require the employer or the person appearing to have the record or document under that person's control to produce that record or document for inspection; and c: copy or require a person to provide a copy of any part of any record or document that is required to be produced to the officer. 4: An immigration officer may exercise the powers in subsection (3) at any reasonable time during which work is being carried out on the premises or the premises are open for business, whether by day or by night, without a warrant or any other authority than this section. 5: In this section, premises 1987 No 74 s 138 Section 277(1)(b) amended 7 May 2015 section 65(1) Immigration Amendment Act 2015 Section 277(1)(d) inserted 7 May 2015 section 65(2) Immigration Amendment Act 2015 Section 277(2)(a) amended 7 May 2015 section 65(3) Immigration Amendment Act 2015 Section 277(5) inserted 7 May 2015 section 65(4) Immigration Amendment Act 2015 277A: Powers of entry and search for employees on employers’ premises 1: In this section,— premises specified employee section 350 351 specified person a: is not entitled under this Act to work in New Zealand; or b: is not complying with 1 or more work-related conditions of his or her visa. 2: An immigration officer may, for any purpose listed in section 277(1) a: that are owned, occupied, or used by an employer; and b: at which the officer believes on reasonable grounds that work is being done. 3: An immigration officer may— a: enter any part of the premises; and b: search for any specified person or specified employee at the premises; and c: require any specified person at the premises to answer questions put by the immigration officer in order to ascertain— i: whether the person is entitled to work in New Zealand; and ii: whether the person is complying with the work-related conditions of his or her visa (if any); and d: require any specified person at the premises to produce for inspection— i: any documentary or other evidence of the person's identity; and ii: the person's passport or certificate of identity (whether or not it also relates to any other person); and e: require anyone at the premises who has access to copying facilities to provide copies of any documents or things provided under paragraph (d); and f: require any specified employee at the premises to answer questions put by the immigration officer in order to ascertain whether the specified employee's employer is complying with the employer's obligations under this Act. 4: An immigration officer may retain any original documents or things produced under subsection (3)(d), and any copies provided under subsection (3)(e), and may check them against any wages and time records, or any other documents relating to the remuneration or employment conditions of any employees, obtained by the officer under section 277(3) 5: The powers in subsection (3) may be exercised at any reasonable time during which work is being carried out at the premises, or they are open for business, whether by day or by night, without a warrant or any other authority than this section. 6: Any original documents or things produced under this section may be retained and used by an immigration officer until the immigration officer has determined whether the person to whom they relate is liable for deportation or turnaround, and then,— a: if the person is liable for deportation or turnaround, or becomes liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things may be retained and used by the Crown toward effecting the person's deportation or departure from New Zealand; or b: if the person is not liable for deportation or turnaround, and does not become liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things must be returned to the person as soon as possible. Section 277A inserted 6 May 2016 section 66 Immigration Amendment Act 2015 277B: Department must review and report on entry and search powers under section 277A 1: The Department must, not later than 3 years after the commencement of section 277A a: review the exercise by immigration officers of the entry and search powers conferred by section 277A(3)(a) and (b) b: prepare a report on the review for the Minister. 2: The report must include recommendations to the Minister on whether any amendments to the Act concerning the powers under section 277A(3)(a) or (b) 3: As soon as practicable after receiving the report, the Minister must present a copy of the report to the House of Representatives. Section 277B inserted 6 May 2016 section 66 Immigration Amendment Act 2015 277C: Departmental annual report to record exercise of entry and search powers under section 277A 1: The chief executive must include in every annual report prepared by the chief executive for the purposes of section 43 a: the number of occasions during the period covered by the report on which immigration officers exercised the powers conferred by section 277A(3)(a) or (b) b: the number of persons charged during the period covered by the report with an offence under section 350 351 section 277A(3)(a) or (b) 2: To avoid doubt, this section does not require the chief executive to include in any annual report information about an entry or a search undertaken by consent. Section 277C inserted 6 May 2016 section 66 Immigration Amendment Act 2015 278: Powers of entry and inspection relating to records of education providers 1: An immigration officer may exercise the powers in subsection (4) in the circumstances described in subsection (2) for the following purposes: a: determining whether a person is complying with the study-related conditions of his or her visa: b: determining whether an education provider is complying with the provider’s obligations under this Act: c: locating a person who is liable for deportation. 2: Subject to subsection (3), an immigration officer may exercise the powers in subsection (4) where the immigration officer believes on reasonable grounds that— a: any information or record is held on an education provider’s premises; and b: that information or record may relate to a person who is— i: not entitled under this Act to study in New Zealand, or undertake a course of study of a particular type or duration or conducted by a particular education provider; or ii: otherwise not complying with obligations under this Act (including obligations as an education provider); or iii: liable for deportation. 3: The powers in subsection (4) may not be exercised in relation to a person undertaking compulsory education or any member of the family of such a person. 4: An immigration officer may— a: enter any part of the education provider's premises in which the officer reasonably believes the information or record is held; and b: require the education provider or person appearing to have the information or record under that person’s control to produce for inspection the information or record; and c: copy or require a person to provide a copy of any information or record that is required to be produced to the officer. 5: An immigration officer may exercise the powers in subsection (4) at any reasonable time during which the education provider is open for business, whether by day or by night, without a warrant or any other authority other than this section. 1987 No 74 s 138 Power to require production of documents, etc 279: Powers of immigration officer to require information and documents where offence suspected 1: Where an immigration officer has good cause to suspect that a person has committed an offence against this Act, the officer may require the person to do all or any of the following things: a: supply the person's full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address: b: produce for inspection documentary or other evidence of the person’s identity: c: produce any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person: d: produce evidence of any visa relating or purporting to relate to the person, whether or not it relates to any other person: e: surrender any passport, certificate of identity, or evidence of any visa produced under paragraph (c) or (d): f: if the person does not currently have in his or her possession any of the documents or other things referred to in paragraphs (b) to (d), give the officer details of where they can be found and who is holding them. 2: Before acting under subsection (1), the immigration officer must— a: inform the person that he or she suspects that the person has committed an offence against this Act; and b: warn the person that if the person fails without reasonable excuse to comply with his or her request, the person may be charged with an offence against section 344(b) 1987 No 74 s 136(1) 279A: Treatment of identity documents and other things 1: In this section and sections 280 to 281B identity document a: documentary or other evidence of the person’s identity: b: any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person: c: any passport or certificate of identity relating to a dependent child of the person (but only in circumstances where there is good cause to suspect that the child is liable for deportation or turnaround). 2: Any identity documents or things surrendered or obtained under sections 280 to 281B 3: To the extent that any identity documents or things surrendered or obtained under sections 280 to 281B a: on the person's departure from New Zealand or on the person being granted a visa and entry permission; or b: when the person's liability for deportation is cancelled or suspended, or ceases for any reason. Section 279A inserted 7 May 2015 section 67 Immigration Amendment Act 2015 280: Power of immigration officer to request information and documents where liability for deportation or turnaround suspected 1: If an immigration officer has good cause to suspect that a person is liable for deportation or turnaround, the officer may, for the purpose of establishing whether that is the case, request the person to do 1 or more of the following things: a: supply the person's full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address: b: produce any identity documents for inspection: c: surrender any identity document produced under paragraph (b): d: if the person does not currently have in his or her possession an identity document requested by the officer, give details to the officer of where it can be found or who is holding it. 2: Before acting under subsection (1), the immigration officer must— a: inform the person that he or she suspects that the person is liable for deportation or turnaround; and b: warn the person that if the person fails without reasonable excuse to comply with his or her request, the person is liable to arrest and detention under this Act. 1987 No 74 s 138A(1), (2) Section 280(1) replaced 7 May 2015 section 68 Immigration Amendment Act 2015 281: Power to require information from person liable for deportation or turnaround Where a person is liable for deportation or turnaround, an immigration officer may require the person to— a: do any of the things in section 280(1) b: produce and surrender any travel tickets, or cash or security in lieu of travel tickets, held by the person. Section 281 replaced 7 May 2015 section 69 Immigration Amendment Act 2015 281A: Obligation of third parties to surrender identity documents 1: A person ( person A person B a: person B— i: has failed to produce or surrender the identity document when required to do so under section 280 281 ii: has told an immigration officer where the identity document may be found or who is holding it; and b: the immigration officer has good cause to suspect that person A is in possession of the identity document; and c: the immigration officer gives person A a certificate in the prescribed form that requires person A to surrender the identity document. 2: No action lies against person A in any court if, pursuant to a requirement or purported requirement under this section by an immigration officer, person A surrenders an identity document relating to person B to the immigration officer. Section 281A inserted 7 May 2015 section 69 Immigration Amendment Act 2015 281B: Power of entry and search for identity documents 1: An authorised immigration officer may, in order to facilitate the deportation or turnaround of a person, exercise the powers in subsection (2) if— a: the person is liable for deportation or turnaround; and b: the person has refused a requirement under section 281 c: the immigration officer has reasonable grounds to believe that the identity document is at the place to be entered and searched; and d: the place proposed to be entered and searched is— i: the place (which may include a vehicle) where the person is currently located; or ii: the person's abode; or iii: any premises or vehicle owned by, or under the control of, the person. 2: An immigration officer may at any reasonable time, without a warrant or any other authority than this section, do either or both of the following: a: enter and search a place referred to in subsection (1)(d): b: seize any identity document that a person has been required to produce or surrender and that is found at the place. 3: However, an immigration officer must not exercise any power under this section until on or after the date on which section 285A Immigration Amendment Act 2015 Section 281B inserted 7 May 2015 section 69 Immigration Amendment Act 2015 Powers at border 282: Immigration officer’s powers to enter immigration control area An immigration officer may, at any time of day or night, without a warrant or any authority other than this section, enter any immigration control area or any building or craft in that area for the purposes of carrying out his or her functions under this Act. 283: Powers at border 1: An immigration officer may exercise the powers in subsections (2), (3), and (4) if the officer believes on reasonable grounds that it is necessary for the purpose of— a: detecting an offence against this Act; or b: apprehending any person who is liable for deportation or is, or is likely to be, liable for turnaround; or c: processing arriving passengers, whether or not they have left the craft; or d: locating any stowaway; or e: deporting any person or facilitating the departure of persons liable for turnaround. 2: An immigration officer may at any time, for a purpose described in subsection (1), without a warrant or any other authority than this section, do either or both of the following things: a: enter and search any craft that arrives in New Zealand: b: enter and search any land or premises in any airport or port, including any immigration control area. 3: Without limiting the power of entry and search in subsection (2), an immigration officer may, before the disembarkation of a person from a craft,— a: interview the person: b: view the person’s seating and identify those passengers seated with the person: c: search for the person’s travel and identity documents. 4: An immigration officer may retain any documents found in a search carried out under this section if retaining the documents is necessary for the purposes of administering this Act. 284: Power of entry and search of craft 1: An immigration officer may exercise the powers in subsection (2) where the officer believes on reasonable grounds that there is on board any craft that is in the contiguous zone or territorial sea of New Zealand, a person who, if he or she lands in New Zealand, will— a: commit an offence against this Act; or b: be liable for deportation; or c: be, or be likely to be, liable for turnaround. 2: An immigration officer may at any time, without a warrant or any other authority than this section, and by force if necessary, do the following things: a: enter and search any craft for the purpose of determining whether there is a person to whom subsection (1) applies on board; and b: if satisfied that there is a person to whom subsection (1) applies on board, exercise any power under this Act or any other Act that he or she could exercise if the craft was in New Zealand. 3: A person is not granted a visa or entry permission and does not enter New Zealand lawfully by reason only of being brought into New Zealand— a: by an immigration officer who is exercising or has exercised powers referred to in subsection (2); or b: on board a craft permitted or required to enter New Zealand by an immigration officer who is exercising or has exercised powers referred to in subsection (2). 285: Power of entry and search at border place 1: An immigration officer may exercise the powers in subsection (2) for the purpose of— a: detecting an offence against this Act; or b: apprehending a person who is liable for deportation or turnaround. 2: An immigration officer may at any time for a purpose described in subsection (1), without a warrant or any other authority than this section, and by force if necessary, enter and search any border place where the officer a: has good cause to suspect that an offence against this Act is likely to be, or is being, committed; or b: believes on reasonable grounds that a person to whom subsection (1)(b) applies is in the place. 3: In subsection (2), border place a: any part of the foreshore: b: the shores or banks of a port, bay, harbour, lake, river, or other waters: c: any land or premises in a port, including a containerbase, immigration control area, wharf, or transit building: d: a pier or other structure attached to and extending from any shore or bank described in paragraph (b). Section 285(2) amended 7 May 2015 section 70(1) Immigration Amendment Act 2015 Section 285(2)(a) replaced 7 May 2015 section 70(2) Immigration Amendment Act 2015 Section 285(2)(b) replaced 7 May 2015 section 70(2) Immigration Amendment Act 2015 285A: Search of persons 1: An immigration officer may search a person who arrives in New Zealand from another country if— a: the immigration officer has demanded, under section 103(1)(da) b: the person has failed to comply with that demand; and c: the immigration officer believes on reasonable grounds that the person is not a New Zealand citizen; and d: the immigration officer has reasonable cause to suspect that some or all of the required documents are hidden on or about the person or in any baggage under the immediate control of the person. 2: A search under this section may include a rub-down search (as defined in the Search and Surveillance Act 2012 3: If, as a result of a search under this section, the person's passport or certificate of identity or any travel tickets are found,— a: the documents may be retained by the immigration officer for the purpose of administering this Act (unless the person is found to be a New Zealand citizen or a person who has a visa and entry permission); and b: the documents must be returned to the person— i: if the person is granted a visa and entry permission; or ii: on the person's departure from New Zealand. 4: Sections 123 to 126 subpart 7 sections 85 to 87 Section 285A inserted 6 May 2016 section 71 Immigration Amendment Act 2015 Powers relating to deportation and turnaround 286: Powers of entry and search relating to deportation For the purpose of serving any deportation liability notice , deportation order, or removal order, or executing a deportation order or removal order a: enter and search at any reasonable time by day or night any building or premises in which the officer believes on reasonable grounds that the person named in the notice or order is present; and b: serve the notice or order, or execute the deportation order or removal order 1987 No 74 s 137(1) Section 286 amended 7 May 2015 section 72(1) Immigration Amendment Act 2015 Section 286(b) amended 7 May 2015 section 72(2) Immigration Amendment Act 2015 287: Special biometric information For the purposes of sections 288 to 290A special biometric information a: the person's palm-prints: b: the person's footprints: c: measurements of the whole person: d: photographs of the whole person. Section 287 replaced 7 May 2015 section 73 Immigration Amendment Act 2015 288: Requirement to allow collection of biometric information and special biometric information 1: If a person is liable for deportation or turnaround, an immigration officer may require the person to allow biometric information, special biometric information, or both to be collected from him or her. 2: An immigration officer may require a person to allow biometric information to be collected from him or her if the immigration officer has good cause to suspect any of the following matters, and the immigration officer requires the biometric information in order to determine any of those matters: a: that the person is liable for deportation or turnaround: b: that the person is not complying with, or is materially breaching, the conditions of the person's visa: c: that the person is undertaking work or a course of study but is not entitled to undertake that work or study under this Act: d: that the person has obtained a visa under a fraudulent identity. 3: Any biometric information or special biometric information obtained from a person under subsection (1), or under a compulsion order made under section 290 section 289(1) Section 288 replaced 7 May 2015 section 73 Immigration Amendment Act 2015 289: Application for order authorising collection of biometric information 1: An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information, special biometric information, or both to be collected from him or her in response to a requirement by an immigration officer under section 288(1) a: the facts relied on to show that the person is liable for deportation or turnaround; and b: evidence that the person has refused to allow biometric information or special biometric information to be collected from him or her in accordance with a requirement under section 288(1) c: if special biometric information was required, the facts relied on for believing that any of the things referred to in section 287 2: An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information to be collected from him or her in response to a requirement by an immigration officer under section 288(2) a: the facts relied on to show that there is good cause to suspect that any matter in section 288(2) b: evidence that the person has refused to allow biometric information to be collected from him or her in accordance with a requirement under section 288(2) c: the reasons why it is considered necessary to obtain a compulsion order in relation to the person, including the facts relied on to show that there are reasonable grounds to believe that biometric information collected from the person would tend to confirm whether or not any matter in section 288(2) 3: For the purposes of subsection (1)(a), it is sufficient if (but not essential that) an immigration officer includes a copy of a deportation liability notice or deportation order with the application. 4: If an application is made under this section,— a: an immigration officer must serve a copy of the application on the respondent; and b: both the immigration officer and the respondent may appear and may offer evidence at the hearing of the application. 5: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be otherwise admissible in a court of law. Section 289 replaced 7 May 2015 section 73 Immigration Amendment Act 2015 290: Judge may authorise biometric information and special biometric information to be collected 1: On the hearing of an application for a compulsion order, a District Court Judge may make a compulsion order requiring the respondent to allow specified biometric information, special biometric information, or both to be collected from him or her if the Judge is satisfied that,— a: in the case of an application relating to a refusal of a requirement under section 288(1) i: the respondent is liable for deportation or turnaround; and ii: the respondent has refused to allow the biometric information, special biometric information, or both to be collected from him or her following a requirement under section 288(1) iii: if special biometric information was required, there are reasonable grounds to believe that any of the things referred to in section 287 iv: in all the circumstances, it is reasonable to make the order: b: in the case of an application relating to a refusal of a requirement under section 288(2) i: there is good cause to suspect that any matter in section 288(2) ii: there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in section 288(2) iii: the respondent has refused to allow biometric information to be collected from him or her following a requirement under section 288(2) iv: in all the circumstances, it is reasonable to make the order. 2: In considering whether to make a compulsion order, the Judge must have regard to any matter the Judge considers relevant, including— a: any reasons given by the respondent for opposing the making of the order; and b: in relation to an application under section 289(1) section 287 c: in relation to an application under section 289(2) 3: A person served with a compulsion order must allow the biometric information or special biometric information specified in the order to be collected from him or her. Section 290 replaced 7 May 2015 section 73 Immigration Amendment Act 2015 290A: Obtaining biometric information by compulsion 1: If, after a compulsion order is served on a person, the person refuses to allow the biometric information or special biometric information specified in the order (the required biometric information a: arrest the person; and b: remove the person to, and detain him or her in, a suitable place where the required biometric information can be collected; and c: collect, as soon as practicable, the required biometric information from the person, by force if necessary. 2: If force is used under subsection (1)(c), it must be reasonable and no more than is necessary to collect the required biometric information from the person. 3: The person must be released from detention as soon as the required biometric information has been collected, unless the person's continued detention is authorised under any other provision of this or any other Act. Section 290A inserted 7 May 2015 section 73 Immigration Amendment Act 2015 291: Further applications for compulsion order 1: The fact that a compulsion order has previously been sought or made in respect of a matter, whether or not the previous application or order related to the same person, does not prohibit— a: the making of an application under section 289 b: a Judge from making a compulsion order in respect of a matter. 2: Notwithstanding anything in this section, where a further application for a compulsion order is made in respect of a matter in relation to which a previous compulsion order application has been made, the Judge may refuse to make the order sought if he or she is satisfied that the further application is vexatious or an abuse of the process of the court. Powers generally 292: Immigration officer may have assistance For the purpose of performing his or her functions under this Part, an immigration officer may be accompanied, if he or she thinks fit, by any other employee of the Department or by a customs officer. 293: Police to have powers of immigration officers For the purposes of this Act, a constable has all the powers of an immigration officer under sections 276 to 292 and 293A Section 293 amended 7 May 2015 section 74 Immigration Amendment Act 2015 293A: Warrant to enter and search 1: An immigration officer may apply for a search warrant to search any place or thing. 2: The application must be made, in the manner provided in subpart 3 section 3(1) 3: An issuing officer may issue a search warrant to an immigration officer if the issuing officer is satisfied that there are reasonable grounds— a: to suspect that any relevant offence specified in the application has been committed, is being committed, or will be committed; and b: to believe that the search will find evidential material in respect of the offence in or on the place or thing specified in the application. 4: In this section, relevant offence a: this Act or any regulations made under it; or b: the former Act or any regulations made under it; or c: any other enactment, if the offence relates directly to matters concerning immigration. 5: The provisions of Part 4 sections 118 119 section 293 Section 293A replaced 7 May 2015 section 75 Immigration Amendment Act 2015 Disclosure of information to or by other agencies, bodies, or persons 294: Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence 1: The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Corrections Act 2004 responsible department 2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department any identifying information— a: about a person who has been sentenced to imprisonment; or b: if authorised by regulations made under the Corrections Act 2004 3: The chief executive of the Department may compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may, in accordance with the arrangements made under subsection (2), supply to an authorised officer the following information relating to the person: a: identifying information about the person; and b: the person’s immigration status under this Act and— i: any changes to that status: ii: any action taken under this Act in respect of that person: iii: any proposed action to be taken under this Act in relation to that person. 4: The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them— a: the frequency with which information may be supplied; and b: the form in which information may be supplied; and c: the method by which information may be supplied. 4A: On or after 1 December 2020, no information may be disclosed under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 5: In this section,— authorised officer identifying information a: full name: b: date and place of birth: c: gender: d: unique identifying number used by the responsible department: e: unique identifying number used by the Department: f: biometric information: g: citizenship: h: alias or aliases. 1987 No 74 s 141AC Section 294(4A) inserted 1 December 2020 section 190 Privacy Act 2020 295: Information matching to locate person in serious default of payment of fine 1: The purpose of this section is to facilitate the exchange of information between the Department and the department of State for the time being responsible for the enforcement of fines (the responsible department a: the responsible department to locate any person who is in serious default in the payment of any fine; and b: appropriate fines enforcement action to be taken against that person. 2: For the purpose of this section, an authorised officer may supply to the chief executive of the Department any identifying information about a person who is in serious default in the payment of a fine, and the chief executive of the Department may compare that information with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may supply to an authorised officer 1 or more of the following: a: the person's full name: b: the person's date of birth: c: the person's gender: d: the person's nationality: e: the person's address: f: the person's occupation: g: the expiry date of any visa granted to the person (if applicable): h: the date that the person is expected to return to New Zealand (if applicable). 3: The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them— a: the frequency with which information may be supplied; and b: the form in which information may be supplied; and c: the method by which information may be supplied. 3A: On or after 1 December 2020, no information may be exchanged under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 4: In this section and section 296 amount of reparation section 79 authorised officer fine a: a fine within the meaning of section 79 b: a fine to which section 19 c: a fine to which section 43 45 d: e: any amount payable under section 138A(1) fines enforcement action identifying information serious default a: the person owes— i: an amount of $1,000 (or any other lesser amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or ii: any amount of reparation; and b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a); and c: the warrant has not been withdrawn or executed. 5: An order under paragraph (a)(i) of the definition of serious default in subsection (4) is secondary legislation ( see Part 3 1987 No 74 ss 141AD 141AE The following table is small in size and has 3 columns that are grouped under the 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 295(3A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 295(4) amount of reparation inserted 13 February 2012 section 4(3) Immigration Amendment Act 2011 Section 295(4) fine replaced 13 February 2012 section 4(1) Immigration Amendment Act 2011 Section 295(4) fine repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 295(4) reparation repealed 13 February 2012 section 4(2) Immigration Amendment Act 2011 Section 295(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 296: No Crown liability to third parties for fines enforcement action 1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter a: after the arrival of the alleged defaulter in New Zealand; or b: before the departure of the alleged defaulter from New Zealand. 2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1), unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent. 3: Nothing in subsection (2) applies to or affects any question of the liability of the Crown to the alleged defaulter. 1987 No 74 s 141AF 297: Chief executive may supply information concerning specified fines defaulters to commercial carriers Section 297 repealed 1 October 2018 section 443(3) Customs and Excise Act 2018 298: Information matching to verify social security benefit matters 1: The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Social Security Act 2018 responsible department a: the entitlement or eligibility of any person to or for any benefit; or b: the amount of any benefit to which any person is or was entitled or for which any person is or was eligible. 2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about any person who has applied to receive, is receiving, or has received a benefit. 3: The chief executive of the Department may— a: compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person; and b: if the Department has immigration information about the person, and he or she is a person described in subsection (4), supply the information described in subsection (5) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (2). 4: The person— a: is a person who the chief executive of the Department believes is unlawfully in New Zealand; or b: is a person on whom an immigration officer or a constable may serve a deportation order under section 175(1) c: is a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa; or d: is a person who has made a claim for recognition, or has been recognised, as a refugee or a protected person; or e: is a person who has lodged an appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person; or f: is a person whose appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person has been determined; or g: is a person who has been deported (whether under this Act or the former Act) or removed under the former Act 5: The information referred to in subsection (3) is as follows: a: the person’s full name: b: any aliases known to be used by the person: c: the person’s date of birth: d: the person’s nationality: e: the person’s address: f: the person's immigration status, including— i: the start date of any visa granted to the person; and ii: the expiry date of any visa granted to the person: g: whether the person has applied for a residence class visa and, if so, the date on which the application was made: h: the date on which a deportation order was served on the person (if applicable): i: the date of the person’s deportation from New Zealand (if applicable): j: the date on which the person made a claim (if any) for recognition as a refugee or a protected person: k: the decision of a refugee and protection officer in relation to the person’s claim (if any) for recognition as a refugee or a protected person and the date on which the decision was made: l: whether the person has lodged an appeal against a decision referred to in paragraph (k) and, if so, the date on which the appeal was lodged: m: the outcome of any appeal referred to in paragraph (l) and the date of the decision: n: if the person is a refugee or a protected person, whether he or she has applied for a visa and, if so, the type of visa applied for and the date on which the application was made. 6: The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them— a: the frequency with which information may be supplied; and b: the form in which information may be supplied; and c: the method by which information may be supplied. 6A: On or after 1 December 2020, no information may be disclosed under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 7: In this section,— authorised officer benefit a: a benefit as defined in Schedule 2 b: a funeral grant lump sum payable under section 90 c: any special assistance payable under a programme approved under section 100 101 identifying information a: the person's full name and gender: b: any aliases known to the responsible department to be used by the person: c: the person's date of birth: d: the person's address. 1987 No 74 s 141A Section 298(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 298(4)(g) amended 7 May 2015 section 76 Immigration Amendment Act 2015 Section 298(6A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 298(7) benefit replaced 26 November 2018 section 459 Social Security Act 2018 299: Information matching to recover costs of visa holder's social security benefit from sponsor 1: The purpose of this section is to facilitate the disclosure of information between the department of State for the time being responsible for the administration of the Social Security Act 2018 responsible department section 48 section 55 2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the Department may supply to the chief executive of the responsible department identifying information about any person in respect of whom an undertaking relating to the payment of a benefit has been given under section 48 3: The chief executive of the responsible department may— a: compare any information he or she receives under subsection (2) with any information held by the responsible department that relates to the person; and b: if the responsible department has information about the person, and he or she has received, or is receiving, a benefit, supply the information described in subsection (4) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (2). 4: The information is— a: the person's full name and gender: b: any aliases known to the responsible department to be used by the person: c: the person's date of birth: d: the person's address: e: the nature of the benefit provided to the person: f: the amount of the benefit provided to the person: g: the period during which the benefit was provided to the person: h: any unique identifying number used by the responsible department in relation to the person. 5: The chief executive and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them— a: the frequency with which information may be supplied; and b: the form in which information may be supplied; and c: the method by which information may be supplied. 5A: On or after 1 December 2020, no information may be disclosed under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 6: In this section,— authorised officer benefit a: a benefit as defined in Schedule 2 b: a funeral grant lump sum payable under section 90 c: any special assistance payable under a programme approved under section 100 101 identifying information a: the person's full name and gender: b: any aliases known to the Department to be used by the person: c: the person's date of birth: d: the person's address. Section 299(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 299(5A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 299(6) benefit replaced 26 November 2018 section 459 Social Security Act 2018 300: Information matching to determine eligibility or liability to pay for services 1: The purpose of this section is to facilitate the disclosure of information between the Department and the responsible department to enable the responsible department to determine— a: a person's eligibility for access to services b: a person's liability to pay for services 2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section. 3: In accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about— a: a person who seeks access to services b: a person for whom access is sought to services c: a person who has received services 4: The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person. 5: If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsections (6) and (7) to an authorised officer in accordance with the arrangements made under subsection (2). 6: The information is— a: the person's identifying information: b: the person's immigration status, including— i: the start date of any visa granted to the person: ii: the expiry date of any visa granted to the person: iii: the date on which the person was granted entry permission: iv: the conditions, if any, relating to the person’s immigration status: v: any changes to the person's immigration status and the dates of the changes: vi: any action taken under this Act in relation to the person and the date of the action: c: the date or dates on which the person leaves or has left New Zealand: d: the start date of any permit granted to the person under the former Act: e: the expiry date of any permit granted to the person under the former Act: f: if the person was exempt from the requirement to hold a permit under the former Act, the period of the exemption. 7: The information is also, if it is relevant to the matter to be determined by the responsible department,— a: the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including— i: the start date of any visa granted to the associated person: ii: the expiry date of any visa granted to the associated person: iii: the date on which the associated person was granted entry permission: iv: the conditions, if any, relating to the associated person's immigration status: v: any changes to the associated person's immigration status and the dates of the changes: vi: any action taken under this Act in relation to the associated person and the date of the action: b: the date or dates on which the associated person leaves or has left New Zealand: c: the start date of any permit granted to the associated person under the former Act: d: the expiry date of any permit granted to the associated person under the former Act: e: if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption. 8: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, determine by agreement between them— a: the frequency with which information may be supplied; and b: the form in which the information may be supplied; and c: the method by which the information may be supplied. 8A: On or after 1 December 2020, no information may be disclosed under this section except under— a: an information matching agreement entered into under Part 10 clause 11 b: an approved information sharing agreement entered into under subpart 1 9: In this section,— authorised officer identifying information responsible department Pae Ora (Healthy Futures) Act 2022 services section 4 Section 300 heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(1)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(1)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(3)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(3)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(3)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(8A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 300(9) publicly funded health and disability support services repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(9) responsible department amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(9) services inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 301: Disclosure of immigration information to verify eligibility for publicly funded services 1: The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any publicly funded service to enable the service provider to determine— a: a person’s eligibility for access to the publicly funded service; or b: where a person is being or has been provided with the publicly funded service, the person’s liability to pay for the service provided. 2: For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about— a: a person who seeks access to a publicly funded service; or b: a person for whom access is sought to a publicly funded service; or c: a person who is receiving or has received a publicly funded service. 3: If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information: a: identifying information about the person: b: the person's immigration status, including— i: the start date of any visa granted to the person: ii: the expiry date of any visa granted to the person: iii: the date on which the person was granted entry permission: iv: the conditions, if any, relating to the person's immigration status: v: any changes to the person's immigration status, and the dates of the changes: vi: any action taken under this Act in relation to the person, and the date of the action: c: the date or dates on which the person leaves or has left New Zealand: d: the start date of any permit granted to the person under the former Act: e: the expiry date of any permit granted to the person under the former Act: f: if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption: g: if relevant to the matter to be determined by the service provider,— i: the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including— A: the start date of any visa granted to the associated person: B: the expiry date of any visa granted to the associated person: C: the date on which the associated person was granted entry permission: D: the conditions, if any, relating to the associated person's immigration status: E: any changes to the associated person's immigration status, and the dates of the changes: F: any action taken under this Act in relation to the associated person, and the date of the action: ii: the date or dates on which the associated person leaves or has left New Zealand: iii: the start date of any permit granted to the associated person under the former Act: iv: the expiry date of any permit granted to the associated person under the former Act: v: if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption. 4: The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies with subsections (5) and (6). 5: For the purposes of subsection (4), an agreement— a: must be in writing; and b: must state criteria for the disclosure of information under it; and c: must state, in respect of the information to be disclosed,— i: the use the service provider may make of it; and ii: either— A: that the service provider must not disclose it to any other agencies, bodies, or persons; or B: the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and d: may state— i: the form in which information may be disclosed: ii: the method by which information may be disclosed; and e: may be varied. 6: The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section. 7: If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review. 8: The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so. 9: Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person. 10: The service provider must ensure that each of its annual reports includes information in relation to any agreements between the chief executive and a service provider under this section, including information about— a: the number of agreements; and b: an outline of each agreement; and c: the number of cases in which the accuracy of the information disclosed by the chief executive was challenged. 11: In this section,— authorised officer identifying information publicly funded service a: is determined by or under a statute; and b: is related to, or affected by, a person’s immigration status service provider 302: Disclosure of information to enable Department to check identity, character, and status 1: The purpose of this section is to facilitate the disclosure of information by a specified agency to the Department to enable the Department to— a: establish or verify a person's identity: b: check matters relating to a person's character: c: ascertain whether a person is an excluded person. 2: For the purposes of this section, the chief executive of the Department may supply identifying information about the following persons to the chief executive of the specified agency: a: a person who holds a visa: b: a person to whom a visa waiver applies: c: a person who applies for a visa: d: a person who applies for entry permission: e: a person who is deemed to have been granted entry permission: f: a person who travels to New Zealand, including as a member of the crew of a craft, and does not enter New Zealand as a New Zealand citizen: g: a person about whom the chief executive has received and retained information under section 96 102 h: a person liable for turnaround or who the chief executive of the Department suspects is liable for turnaround: i: a person who the chief executive of the Department believes is unlawfully in New Zealand: j: a person who may be, or may become as a result of investigations, liable for deportation. 3: The chief executive of the specified agency may compare the information he or she receives with information that the specified agency holds about the person. 4: If the specified agency holds information about the person, the chief executive of the specified agency may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies. 5: The information is— a: the person's identifying information: b: the person's previous convictions: c: the person's modus operandi: d: details of the person's known or suspected involvement in illegal activities: e: details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering: f: intelligence analysis assessments of and reports about the person: g: details of communications interceptions involving the person: h: the person's general history known to the specified agency (which may include information about associates and networks): i: the person's past travel movements. 6: The following provisions apply to an agreement: Making a: it must not be made until the chief executive of the specified agency has consulted the Privacy Commissioner about it: b: it must be made between the chief executive of the specified agency and the chief executive of the Department: c: it must be in writing: Contents d: it must state the criteria for the disclosure under it of information by the specified agency to the Department: e: it must state the use that the Department may make of the information disclosed to it: f: it must— i: state that the Department must not disclose the information disclosed to it to any other agencies, bodies, or persons; or ii: state the other agencies, bodies, or persons to which the Department may disclose information disclosed to it, the extent to which the Department may disclose the information, and the conditions subject to which the Department may disclose the information: g: it may state the form in which the information may be disclosed: h: it may state the method by which the information may be disclosed: Varying i: it may be varied: j: it must not be varied until the chief executive of the specified agency has consulted the Privacy Commissioner about the variation: Reviews and reports k: it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the Department at intervals of no less than 12 months, if the Privacy Commissioner so requires. 7: The chief executive of the Department must ensure that each annual report of the Department includes information about agreements between the chief executive of the Department and the chief executive of the specified agency under this section, including— a: the number of agreements; and b: an outline of each agreement; and c: the number of cases in which the accuracy of the information disclosed by the chief executive of the specified agency was challenged. 8: In this section,— authorised officer chief executive of the specified agency identifying information a: full name: b: date and place of birth: c: gender: d: unique identifying number used by the Department: e: unique identifying number used by the specified agency: f: biometric information: g: alias or aliases: h: address: i: distinguishing features: j: details of travel documents: k: details of identity documents: l: citizenship: m: nationality specified agency a: the New Zealand Police: b: the Ministry of Justice: c: the department of State responsible for the administration of the Biosecurity Act 1993 d: the department of State responsible for the administration of the Corrections Act 2004 e: the department of State responsible for the administration of the Customs and Excise Act 2018 Section 302(8) specified agency amended 1 October 2018 section 443(3) Customs and Excise Act 2018 303: Disclosure of information to enable specified agencies to check identity and character 1: The purpose of this section is to facilitate the disclosure of information by the Department to a specified agency to enable the specified agency to— a: establish or verify a person's identity: b: check matters relating to a person's character. 2: For the purposes of this section, the chief executive of the specified agency may supply identifying information about the following persons to the chief executive of the Department: a: a person in New Zealand who the chief executive of the specified agency believes is not a New Zealand citizen: b: a person outside New Zealand who the chief executive of the specified agency believes— i: is not a New Zealand citizen; and ii: is intending to board a craft for the purpose of travelling to New Zealand: c: a person outside New Zealand who the chief executive of the specified agency believes— i: is not a New Zealand citizen; and ii: has previously travelled to New Zealand. 3: The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person. 4: If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsection (5) to an authorised officer under an agreement entered into in accordance with section 303C 5: The information is— a: the person's identifying information: b: the person's previous convictions: c: the person's modus operandi: d: details of the person's known or suspected involvement in illegal activities: e: details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering: f: intelligence analysis assessments of and reports about the person: g: details of communications interceptions involving the person: h: the person's general history known to the Department (which may include information about associates and networks): i: the person's past travel movements: j: details of a visa held by the person. 6: 7: The chief executive of the specified agency must ensure that each annual report of the specified agency includes information about agreements between the chief executive of the specified agency and the chief executive of the Department under this section, including— a: the number of agreements; and b: an outline of each agreement; and c: the number of cases in which the accuracy of the information disclosed by the chief executive of the Department was challenged. 8: In this section,— authorised officer chief executive of the specified agency identifying information a: full name: b: date and place of birth: c: gender: d: unique identifying number used by the specified agency: e: unique identifying number used by the Department: f: biometric information: g: alias or aliases: h: address: i: distinguishing features: j: details of travel documents: k: details of identity documents: l: citizenship: m: nationality specified agency a: the New Zealand Police: b: the Ministry of Justice: c: the department of State responsible for the administration of the Biosecurity Act 1993 d: the department of State responsible for the administration of the Corrections Act 2004 e: the department of State responsible for the administration of the Customs and Excise Act 2018 Section 303(4) amended 28 September 2017 section 275(1) Intelligence and Security Act 2017 Section 303(6) repealed 28 September 2017 section 275(2) Intelligence and Security Act 2017 Section 303(8) specified agency amended 1 October 2018 section 443(3) Customs and Excise Act 2018 303A: Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security 1: The purpose of this section is to enable the disclosure of information by the Department to a specified agency to allow that agency a longer period of time to— a: identify any person of interest who is intending to board a craft for the purpose of travelling from New Zealand; and b: perform any of its functions, or exercise any of its powers, in relation to an identified person of interest before that person departs from New Zealand. 2: For the purpose of this section, the chief executive of a specified agency may supply to the chief executive of the Department personal information about a person of interest. 3: The chief executive of the Department may compare the information received under subsection (2) about a person of interest with APP information that he or she holds. 4: If the chief executive of the Department holds APP information about the person of interest, he or she may, under an agreement entered into in accordance with section 303C a: notify the chief executive of the specified agency that the person of interest intends to board a craft for the purpose of travelling from New Zealand; and b: disclose to that chief executive— i: the APP information held by the chief executive of the Department about the person of interest; and ii: any other information held by the chief executive of the Department about the person’s intended travel (for example, when and where the person checked in). 5: In this section,— APP information section 96(2) chief executive of a specified agency person of interest a: poses a threat or risk to the security of New Zealand or another country because the person intends to— i: carry out, or facilitate, a terrorist act (within the meanings of those terms or expressions in sections 5 5A ii: engage in, or facilitate, the proliferation of weapons of mass destruction; or iii: engage in, or facilitate, any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; or b: is— i: a person under control or supervision (as defined in section 3(1) ii: on bail with an electronic monitoring condition granted under section 30B iii: liable to be arrested (with or without a warrant) by an employee or agent of a specified agency; or iv: suspected of escaping from lawful custody; or v: suspected of being a perpetrator or victim of an offence under section 98D vi: suspected of being involved in the unlawful movement of illegal goods; or vii: a person who poses a risk, for any reason, to the safety of other passengers, the crew, or craft personal information a: the person’s— i: full name; and ii: date of birth; and iii: place of birth; and iv: nationality; and v: gender; and b: the details specified in the person’s passport or certificate of identity, if known, including— i: the passport or certificate of identity number; and ii: the expiry date; and iii: the issuer of the person’s certificate of identity (if any), if it is not the person’s country of nationality specified agency a: the New Zealand Police: b: the department of State responsible for the administration of the Corrections Act 2004 c: the department of State responsible for the administration of the Customs and Excise Act 1996 d: the Civil Aviation Authority of New Zealand established under section 72A(1) Section 303A inserted 28 September 2017 section 276 Intelligence and Security Act 2017 Section 303A(5) person of interest replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021 303B: Direct access to information for purposes of law enforcement, counter-terrorism, and security 1: For the purpose of section 303A 2: Before allowing the chief executive of a specified agency access to the APP information, the chief executive of the Department must enter into an agreement with the specified agency in accordance with section 303C 3: The agreement must specify, in addition to the matters set out in section 303C(2)(d) to (h) a: the particular information that may be accessed: b: the particular purpose or purposes for which the information may be accessed: c: the positions or designations of the persons in the specified agency who may access the database or databases: d: the records to be kept in relation to each occasion on which a database is accessed: e: the safeguards that are to be applied for protecting personal information that is accessed: f: the requirements relating to storage and disposal of information obtained by the specified agency from the database: g: the requirements for reviewing the agreement. 4: In this section,— access APP information chief executive of a specified agency specified agency person of interest section 303A(5) APP information database database Section 303B inserted 28 September 2017 section 276 Intelligence and Security Act 2017 303C: Requirements for agreements entered into under section 303, 303A, or 303B 1: This section applies to an agreement entered into under section 303 303A 303B 2: An agreement— Making a: must not be made until the chief executive of the Department has consulted the Privacy Commissioner: b: must be made between the chief executive of the Department and the chief executive of the specified agency: c: must be in writing: Contents d: must state the criteria for the disclosure under it of information by the Department to the specified agency: e: must state the use that the specified agency may make of the information disclosed to it: f: must— i: state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or ii: state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information: g: may state the form in which the information may be disclosed: h: may state the method by which the information may be disclosed: Varying i: may be varied: j: must not be varied until the chief executive of the Department has consulted the Privacy Commissioner: Reviews and reports k: must, if the Privacy Commissioner requires, provide that the agreement, and the arrangements for disclosure under it, be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months. Section 303C inserted 28 September 2017 section 276 Intelligence and Security Act 2017 304: Disclosure of information to employers 1: The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a person is entitled under this Act to work in the employer’s service. 2: On receipt of a request from an employer, the chief executive may, for the purpose of this section, disclose the information specified in subsection (4) to the employer. 3: The chief executive must not disclose the information specified in subsection (4) unless satisfied that the request— a: has been made by an employer in New Zealand; and b: is for the purpose of enabling the employer to verify that a person is entitled under this Act to work in the employer’s service. 4: The information that may be disclosed under this section is as follows: a: whether the person is entitled to undertake that work in New Zealand: b: if the person is entitled to undertake that work in New Zealand,— i: the duration of the entitlement; and ii: any conditions imposed on that entitlement. 5: Where the chief executive discloses information under this section to an employer, the employer must be informed of the requirement to comply with the Privacy Act 2020 Section 304(5) amended 1 December 2020 section 217 Privacy Act 2020 305: Disclosure of information overseas 1: The chief executive may disclose any information specified in section 306 a: the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; or b: the processing of international passengers; or c: border security. 2: The disclosure of information under subsection (1) must be— a: in accordance with an agreement between the chief executive and the agency, body, or person concerned that complies with subsections (3) and (4); or b: in accordance with subsection (7). 3: The chief executive must not enter into an agreement for the purposes of subsection (2)(a) unless satisfied that it is justified to help prevent, identify, or respond to violations of New Zealand law or,— a: in the case of an agreement with an international agency or body, to help prevent, identify, or respond to the kinds of actions that the agency or body has a function of preventing, identifying, or responding to; or b: in any other case, to help prevent, identify, or respond to violations of the law of the state concerned. 4: For the purposes of subsection (2)(a), an agreement— a: must be in writing; and b: must state criteria for the disclosure of information under it; and c: must state, in respect of the information to be disclosed,— i: the use the agency, body, or person may make of it; and ii: either— A: that the agency, body, or person must not disclose it to any other agency, body, or person; or B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and d: may state— i: the form in which information may be disclosed: ii: the method by which information may be disclosed; and e: may be varied. 5: The chief executive— a: must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and b: if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and c: as soon as practicable after conducting a review required to be undertaken under paragraph (b), must report the result to the Privacy Commissioner. 6: The Privacy Commissioner must not require the chief executive to undertake a review of an agreement under subsection (5)(b) within 12 months of last doing so. 7: The chief executive may disclose information to an overseas agency, body, or person if— a: the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; and b: the information is disclosed subject to conditions stating— i: the use the agency, body, or person may make of it; and ii: either— A: that the agency, body, or person must not disclose it to any other agency, body, or person; or B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and c: the chief executive makes and keeps a record of— i: the information that was disclosed; and ii: the agency, body, or person to which it was disclosed; and iii: the conditions subject to which it was disclosed. 8: The chief executive must not disclose any information under subsection (7) unless satisfied that it relates to a suspected violation of New Zealand law or,— a: in the case of disclosure to an international agency or body, to a suspected action of a kind that the agency or body has a function of preventing, identifying, or responding to: b: in any other case, to a suspected violation of the law of the state concerned. 1987 No 74 s 141AA 306: Information that may be disclosed under section 305 1: The information that may be disclosed under section 305 a: airline passenger and crew lists: b: craft movements (which may include passenger and crew lists): c: past travel movements of specified people: d: previous convictions of specified people: e: general history of specified people (which may include associates and networks): f: modus operandi of specified people: g: known currency and other financial transactions of relevant interest, including involvement in money laundering: h: intelligence analysis assessments and reports: i: details of communications interceptions: j: personal identification details (which may include photographs, biometric information, distinguishing features, and details of identity or travel documents): k: names and details of immigration personnel and transport personnel: l: details of known or suspected involvement of people in illicit activities: m: details of any visa held by a person. 2: Section 305 1987 No 74 s 141AB 9: Detention and monitoring 307: Purpose of Part 1: The purpose of this Part is to establish a tiered detention and monitoring regime in order to ensure— a: the integrity of the immigration system through providing for the management of persons who are liable for deportation or turnaround; and b: the safety and security of New Zealand where a person who is liable for deportation may constitute or be suspected of constituting a threat or risk to security. 2: The purposes of the warrant of commitment regime for members of a mass arrival group under this Part are— a: to provide a practicable and administratively workable time period within which arrival processing of the mass arrival group can be completed; and b: to provide a practicable and administratively workable time period within which any threat or risk to security or to the public arising from, or that may arise from, the members of the mass arrival group, whether collectively or individually, may be properly assessed; and c: to avoid disrupting the efficient functioning of the Department, the courts, or any prison or premises identified in a relevant warrant of commitment. Section 307(2) inserted 19 June 2013 section 11 Immigration Amendment Act 2013 308: This Part code for detention and monitoring of person if detention and monitoring under this Act This Part must be treated as a code for the purposes of the detention and monitoring of any person if the reason for the detention or monitoring arises under this Act, and no person who is liable for arrest and detention under this Act may be granted bail from that detention. Arrest and detention 309: Persons liable to arrest and detention 1: The following persons are liable to arrest and detention under this Part: a: persons who are liable for turnaround: b: persons who are liable for deportation (including persons recognised as refugees or protected persons but whose deportation is not prohibited under section 164(3) or (4) c: persons who are suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fail to supply satisfactory evidence of their identity when requested under section 280 d: persons who are, on reasonable grounds, suspected by an immigration officer or a constable of constituting a threat or risk to security. 2: The following persons are not liable to arrest and detention under this Part: a: persons who are recognised as refugees, except those whose deportation is not prohibited under section 164(3) b: persons who are recognised as protected persons, except those whose deportation is not prohibited under section 164(4) 310: Purpose for which arrest and detention powers may be exercised The powers of arrest and detention under this Part may be exercised for the following purposes: a: in the case of a person liable for turnaround, to detain the person in order to place him or her on the first available craft leaving New Zealand: b: in the case of a person liable for deportation,— i: to detain the person pending the making of a deportation order, including during the completion of any appeal brought by the person against his or her liability for deportation; or ii: to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand: c: in the case of a person who is suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fails to supply satisfactory evidence of his or her identity when requested under section 280 d: in the case of a person— i: who is suspected of constituting a threat or risk to security, to detain the person pending the making of a deportation order; or ii: who is subject to a deportation order under section 163 e: in the case of a person who has breached residence and reporting requirements agreed under section 315 section 320 section 317 318 320 311: Implications of liability to arrest and detention Where a person is liable to arrest and detention under this Part,— a: the person may be subject to the 4-hour limited detention by an immigration officer provided for in section 312 b: the person may be arrested and detained without warrant for a period not exceeding 96 hours by a constable in accordance with section 313 c: an immigration officer may agree to residence and reporting requirements with the person in accordance with section 315 d: the person may be detained in custody under a warrant of commitment e: the person may be released on conditions under section 320 Section 311(d) amended 19 June 2013 section 17 Immigration Amendment Act 2013 312: Limited power of detention for up to 4 hours A person liable to arrest and detention under this Part may be detained by an immigration officer for a purpose set out in section 310 a: the exercise by a constable of the power of arrest and detention under section 313 b: the delivery of the person into custody under this Act; or c: the person no longer being liable to arrest and detention under this Part; or d: the purpose of the detention being achieved; or e: the elapsing of 4 hours since the detention commenced. 2004 No 50 s 103 313: Initial period of detention for up to 96 hours without warrant 1: Where a person is liable to arrest and detention under this Part, a constable may, and if requested by an immigration officer must, for a purpose set out in section 310 2: A person arrested and detained under this section may be detained only as long as is necessary to achieve the purpose of the arrest and detention without further authority than this section, but must not be detained for a period longer than 96 hours. 3: The period of 96 hours in subsection (2) is to be determined inclusive of any time during which the person was detained by an immigration officer under section 312 314: Persons arrested and detained pending making of deportation order 1: This section applies in the case of a person arrested and detained under section 313 2: If subsection (1) applies, a constable must as soon as is practicable refer the case to the Minister to determine whether to certify, under section 163 1987 No 74 s 75 315: Person may instead agree to residence and reporting requirements 1: Rather than causing a person who is liable for arrest and detention to be arrested under section 313 section 316 a: reside at a specified place: b: report to a specified place at specified periods or times in a specified manner: c: provide a guarantor who is responsible for— i: ensuring the person complies with any requirements agreed under this section; and ii: reporting any failure by the person to comply with those requirements: d: if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal: e: undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand. 2: A decision as to whether to offer or agree residence and reporting requirements under subsection (1) is a matter for the absolute discretion of an immigration officer. 3: An immigration officer may at any time vary any residence or reporting requirements under this section at the request or with the agreement of the person. 4: The agreement or variation of any residence or reporting requirements must be in writing and must— a: list any requirements agreed under subsection (1) or (3); and b: include a warning that, if the person fails to comply with any agreed requirement, the person may be detained under section 312 section 313 5: An immigration officer may at any time, in the officer’s absolute discretion, decide to end any agreement made under subsection (1). 6: A person may be detained under section 312 section 313 a: if an immigration officer determines that the person, without reasonable excuse,— i: has failed to reside at the specified place; or ii: has failed to comply with other agreed requirements; or b: if an immigration officer ends an agreement under subsection (5); or c: in order to execute a deportation order or place the person on the first available craft leaving New Zealand. 7: An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part. 1987 No 74 s 98 Warrants of commitment 316: Application for warrant of commitment 1: An immigration officer may apply to a District Court Judge for a warrant of commitment (or a further warrant of commitment) authorising a person’s detention for up to 28 days in any case where it becomes apparent, in the case of a person detained in custody under this Part, that before the expiry of the period for which detention is authorised— a: there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or b: the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or c: the Minister has not made, or is not likely to make, a decision as to whether to certify that the person constitutes a threat or risk to security; or d: for any other reason, the person is unable to leave New Zealand. 2: Every application under this section— a: must be made on oath; and b: must include a statement of the reasons why the person should be the subject of a warrant of commitment; and c: may include any other supporting evidence. 3: The Judge must determine the application under section 317 318 323 1987 No 74 s 128(8) 317: Decision on application for warrant of commitment 1: On an application for a warrant of commitment, a District Court Judge— a: must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately: b: may, in any other case, either— i: issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days, if satisfied of the matters in subsections (2) and (3) (and having taken into account the matters in subsections (4) and (5)); or ii: order the person’s release from custody on conditions under section 320 2: A Judge may issue a warrant of commitment if satisfied on the balance of probabilities that the person in custody is the person named in the application and that any 1 or more of the following applies: a: a craft is likely to be available, within the proposed period of the warrant of commitment, to take the person from New Zealand: b: the reasons why a craft was not available to take the person from New Zealand are continuing and are likely to continue, but not for an unreasonable period: c: the other reasons the person was not able to leave New Zealand are still in existence and are likely to remain in existence, but not for an unreasonable period: d: the person has not supplied satisfactory evidence of his or her identity. 3: If subsection (2) does not apply, the Judge may, nevertheless, make a warrant of commitment if it is, in all the circumstances, in the public interest to do so. 4: In determining whether to issue a warrant of commitment, or whether to order the person’s release on conditions, the Judge must have regard to, among other things, the need to seek an outcome that maximises compliance with this Act. 5: Unless there are exceptional circumstances, the Judge must not release the person on conditions if— a: the identity of the person is unknown; or b: the person’s identity has not been established to the satisfaction of the court; or c: a direct or indirect reason for the person being unable to leave New Zealand is, or was, some action or inaction by the person occurring after the person was— i: served with a deportation liability notice; or ii: arrested and detained for the purpose of deportation or turnaround; or d: the person claimed refugee or protection status only after the person was— i: served with a deportation liability notice or deportation order or with a removal order under the former Act ii: arrested and detained for the purposes of deportation or turnaround. 1987 No 74 s 60 Section 317(5)(d)(i) amended 7 May 2015 section 77 Immigration Amendment Act 2015 317A: Application for mass arrival warrant 1: An immigration officer may apply to a District Court Judge for a warrant of commitment authorising the detention, for a period of not more than 6 months, of the members of a mass arrival group (a mass arrival warrant a: the warrant is necessary— i: to effectively manage the mass arrival group; or ii: to manage any threat or risk to security or to the public arising from, or that may arise from, 1 or more members of the mass arrival group; or iii: to uphold the integrity or efficiency of the immigration system; or iv: to avoid disrupting the efficient functioning of the District Court, including the warrant of commitment application procedure; and b: the members of the mass arrival group are detained in custody under this Part; and c: it becomes apparent that, before the expiry of the period for which detention is authorised, 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) 2: Every application under this section must— a: be made on oath; and b: include— i: the number of persons to whom the warrant is to apply; and ii: identity information in respect of each of the persons; and iii: particulars of the craft, or of each of the group of craft, on which the persons arrived (if known); and iv: a description of the circumstances in which the craft, or the group of craft, arrived; and c: include a statement of— i: why the warrant is necessary in terms of subsection (1)(a); and ii: how subsection (1)(c) relates to each person to whom the warrant is to apply. 3: An application under this section may, but is not required to, include any other supporting evidence or information relating to the members of the mass arrival group. 4: The Judge must determine an application under section 317B 5: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group. 6: In subsection (2)(b)(ii), identity information a: a name of the person (which may be the name that the person is known by or a name assigned to the person): b: biometric information in relation to the person: c: a physical description of the person. Section 317A inserted 19 June 2013 section 12 Immigration Amendment Act 2013 317B: Decision on application for mass arrival warrant 1: On an application for a mass arrival warrant under section 317A a: if satisfied of the matters in subsection (2), grant the application and act under subsection (3); or b: if not satisfied of the matters in subsection (2), refuse the application and act under subsection (4). 2: The matters are that— a: the application relates to a mass arrival group; and b: the warrant is necessary for 1 or more of the reasons stated in section 317A(1)(a) c: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) d: the requirements of section 317A(2)(a) to (c) 3: The Judge must issue the warrant in the prescribed form authorising the detention of each member of the mass arrival group in a place or the places named in the warrant— a: for the period sought in the application; or b: for a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,— i: the reasons for the necessity of the warrant in terms of section 317A(1)(a) ii: the circumstances described in paragraphs (a) to (d) of section 316(1) 4: The Judge must— a: treat the application as if it were applications made under section 316 b: determine the applications in accordance with subsection (3) of that section. Section 317B inserted 19 June 2013 section 12 Immigration Amendment Act 2013 317C: Variation of mass arrival warrant 1: If a mass arrival warrant is issued under section 317B section 317A 2: Every application under this section must— a: be made on oath; and b: include— i: a copy of the original application and warrant; and ii: identity information (within the meaning of section 317A(6) iii: a statement of how section 317A(1)(c) 3: On an application under this section, a District Court Judge must,— a: if satisfied of the matters in subsection (4), grant the application and act under subsection (5); or b: if not satisfied of the matters in subsection (4), refuse the application and act under subsection (6). 4: The matters are that— a: the persons are members of the mass arrival group; and b: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) c: the requirements of subsection (2) have been met. 5: The Judge must vary the existing warrant to include the persons specified in the application, but must not extend the period of the warrant. 6: The Judge must— a: treat the application as if it were applications made under section 316 b: determine the applications in accordance with subsection (3) of that section. 7: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a variation of a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group. Section 317C inserted 19 June 2013 section 12 Immigration Amendment Act 2013 317D: District Court may impose reporting requirements 1: When issuing a mass arrival warrant under section 317B section 317C section 317A(1)(a) 2: A District Court Judge may shorten the period of a mass arrival warrant or a varied mass arrival warrant, and vary the warrant accordingly, if, after receiving a report, he or she is satisfied that those reasons will no longer apply after the expiry of the shortened period. Section 317D inserted 19 June 2013 section 12 Immigration Amendment Act 2013 317E: Application for further warrant of commitment in respect of mass arrival group 1: An immigration officer may apply to a District Court Judge for a further warrant of commitment authorising the continued detention of— a: all or specified members of a mass arrival group, as members of a mass arrival group; or b: 1 or more members of a mass arrival group as individuals. 2: An application for a further warrant of commitment under subsection (1)(a) may be for a period of not more than 28 days and must— a: comply with section 317A(2) b: be determined by a District Court Judge in accordance with section 317B 3: An application for a further warrant of commitment under subsection (1)(b) must be made under section 316 4: If a member of a mass arrival group is dealt with under subsection (3),— a: he or she— i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant. 5: Subsection (4)(a) is for the avoidance of doubt. Section 317E inserted 19 June 2013 section 12 Immigration Amendment Act 2013 318: Decision on application for warrant if threat or risk to security 1: This section applies where an immigration officer applies for a warrant of commitment to authorise the detention of a person— a: who was arrested and detained under section 313 b: whose deportation has been ordered under section 163 2: A District Court Judge must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately. 3: Except where subsection (2) applies, the Judge must— a: issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days; or b: if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions under section 320 319: Warrant of commitment 1: A warrant of commitment authorises the manager of the prison or the person in charge of the premises identified in the warrant to detain the person to whom the warrant relates until the earliest of the following: a: in the case of a person liable for turnaround, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of placing the person on the first available craft to leave New Zealand: b: in the case of a person liable for deportation, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of executing the deportation order: c: written notification is received from an immigration officer that the person has ceased to be liable to arrest and detention under this Part: d: a Judge orders the release of the person: e: the warrant of commitment expires. 2: The period for which detention is authorised by a warrant of commitment must be calculated exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 96 hours after the date on which the person is again taken into custody under this Act. 1987 No 74 s 128 320: Court may instead release person on conditions 1: Where a District Court Judge orders a person’s release under section 317(1)(b)(ii) 318(3)(b) 323(3) 324A(6)(b) a: a condition that the released person must reside at a specified place: b: a condition that the released person must report to a specified place at specified periods or times in a specified manner: c: if the person is a claimant, a condition that the released person must attend any required interview with a refugee and protection officer or hearing with the Tribunal: d: a condition that the released person provide a guarantor who is responsible for— i: ensuring compliance with any conditions imposed under this section; and ii: reporting any failure to comply with those conditions: e: a condition that the person take a specified action for the purpose of facilitating the person’s deportation or departure from New Zealand. 2: Where conditions are imposed on a released person under subsection (1),— a: the conditions must be notified in writing to the person before his or her release, and take effect on release; and b: the notice of conditions must include a warning that, if the person fails to comply with any condition, the person may be detained under section 312 section 313 3: Conditions imposed under this section may be varied at any time— a: by a District Court Judge on the application of the person released or an immigration officer under section 324 b: by consent between the released person and an immigration officer, if— i: the conditions imposed relate to the matters described in subsection (1)(a) or (b); or ii: the order imposing the conditions allows the variation. 4: A variation of a condition under subsection (3)— a: takes effect immediately; but b: must be put in writing, and notified to the released person, as soon as practicable. 5: A person may be detained under section 312 section 313 a: if an immigration officer determines that the person, without reasonable excuse, has failed to comply with any conditions imposed under subsection (1) or varied under subsection (3); or b: if an immigration officer makes an application under section 324(2) c: to execute a deportation order or place the person on the first available craft leaving New Zealand. 6: Conditions imposed under this section lapse, and the person ceases to be bound by them, when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part. 1987 No 74 ss 79 128AB Section 320(1) amended 19 June 2013 section 17 Immigration Amendment Act 2013 321: Special conditions where threat or risk to security Where a District Court Judge determines to order the release of a person to whom section 318 section 320 a: a condition that the person not have access to or use specified communication devices or facilities (such as a telephone, the Internet, or email): b: a condition that the person refrain from associating with any 1 or more named individuals, or individuals associated with 1 or more named organisations. 322: Persons detained under warrant of commitment or released on conditions pending making of deportation order 1: This section applies in the case of a person who was arrested and detained on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security and who— a: is being detained pursuant to a warrant of commitment b: has been released on conditions under section 320 2: If the Minister decides not to certify that a person to whom this section applies constitutes a threat or risk to security, or fails to make a certification not later than 14 days after the initial arrest under section 313 a: the person ceases to be liable to arrest and detention under this Part; and b: in the case of a person being detained under a warrant of commitment, an immigration officer must notify that fact in writing to the manager or other person in charge of the prison or premises identified in the warrant. 1987 No 74 s 79 Section 322(1)(a) amended 19 June 2013 section 17 Immigration Amendment Act 2013 323: Decisions on warrants of commitment where detention beyond 6 months 1: This section applies where a person would, upon a successful application for a further warrant of commitment under section 316 a: the person’s initial detention under a warrant of commitment, where the person has exhausted all appeal rights under this Act at the time of that initial detention, or had no such appeal rights; or b: where paragraph (a) does not apply, the later of— i: the conclusion of any appeal proceedings brought by the person; or ii: the expiry of any period for bringing such an appeal; or c: the date when a claim for recognition as a refugee or a protected person is finally determined (within the meaning of section 128 i: was served with a deportation liability notice or order; or ii: was arrested and detained for the purpose of deportation or turnaround. 2: A further warrant of commitment authorising the detention of a person to whom this section applies must be issued if a District Court Judge is satisfied— a: that the person's deportation or departure is prevented by some action or inaction of the person; and b: that no exceptional circumstances exist that would warrant release. 3: If the Judge is not so satisfied, the Judge must order the person’s release on conditions under section 320 4: An application for a further warrant of commitment in a case to which this section applies— a: must be supported by evidence under oath by an immigration officer; and b: must include a statement as to why the further warrant is required; and c: may include any other supporting evidence. 5: The Judge may require the immigration officer to attend the hearing to give evidence and be subject to cross-examination. 6: The period of 6 months referred to in subsection (1) must be calculated exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 96 hours after the date on which the person is again taken into custody under this Act. 7: This section does not apply to a person whose deportation has been ordered under section 163 8: To avoid doubt, if a person to whom subsection (1)(c) applies makes a subsequent claim, the 6-month period must be treated as starting on the date the subsequent claim is finally determined. 9: In subsection (1),— appeal proceedings appeal rights a: the rights of appeal the person has or had against liability for deportation; and b: the refugee and protection appeals associated with any claim made before the person was served with a deportation liability notice or arrested and detained for the purpose of deportation or turnaround. 10: For the purposes of subsection (2), exceptional circumstances a: the period of time that a person has already been detained under this Part; or b: the possibility that the person's deportation or departure may continue to be prevented by some action or inaction of the person. 1987 No 74 s 60(6)(b) 324: Review of warrant of commitment or release on conditions 1AA: In this section, warrant of commitment a: a mass arrival warrant issued under section 317B b: a further warrant of commitment issued under section 317E(1)(a) 1: At any stage during the currency of a warrant of commitment an immigration officer may apply to a District Court Judge for— a: a variation of the warrant of commitment; or b: an order that the person who is detained under the warrant be released on conditions under section 320 c: an order that the person be released from custody. 2: At any stage when a person is released on conditions under section 320 a: an order that the person who is released on conditions be detained under a warrant of commitment; or b: a variation of conditions. 3: Subject to subsection (5), a person detained under a warrant of commitment may apply to a District Court Judge for— a: a variation of the warrant of commitment; or b: an order that the person be released on conditions under section 320 4: Subject to subsection (5), a person released on conditions may apply to a District Court Judge seeking a variation of those conditions. 5: An application under subsection (3) or (4) must be made with the leave of a District Court Judge, which may be granted only if the Judge is satisfied that new information has become available that— a: is material to the person’s ongoing detention or release on conditions; and b: was unavailable at the time the warrant of commitment or the decision to release on conditions was made. 6: An application for a review of a warrant of commitment or release on conditions must be considered having regard to section 317 318 323 Section 324(1AA) inserted 19 June 2013 section 13(1) Immigration Amendment Act 2013 Section 324(6) amended 19 June 2013 section 13(2) Immigration Amendment Act 2013 324A: Review of mass arrival warrant 1: In this section, warrant of commitment a: a mass arrival warrant issued under section 317B b: a further warrant of commitment issued under section 317E(1)(a) 2: At any stage during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant for either or both of the following reasons: a: to shorten the period that the warrant applies: b: to provide for 1 or more persons detained under the warrant to be detained in a place or places other than the place or places currently specified in the warrant for those persons. 3: An application made under subsection (2) must— a: be made on oath; and b: include— i: a copy of the warrant to be varied; and ii: a statement of the reasons for the application. 4: On an application under subsection (2)(a), a District Court Judge must vary the period of the warrant of commitment— a: to the period sought in the application; or b: to a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,— i: the reasons for the necessity of the warrant in terms of section 317A(1)(a) ii: the circumstances described in paragraphs (a) to (d) of section 316(1) 5: On an application under subsection (2)(b), a District Court Judge may vary the warrant of commitment, but only to authorise the detention of the persons in a place or places other than the place or places currently specified in the warrant for those persons. 6: At any stage during the currency of a warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for— a: a warrant of commitment for the individual as an individual; or b: an order that the individual be released on conditions under section 320 c: an order that the individual be released. 7: An application for a warrant of commitment under subsection (6)(a) must be made under section 316 8: An application for release on conditions under subsection (6)(b) must be considered having regard to section 317 318 323 9: If a member of a mass arrival group is dealt with under subsection (6),— a: he or she— i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant. 10: Subsection (9)(a) is for the avoidance of doubt. Section 324A inserted 19 June 2013 section 14 Immigration Amendment Act 2013 Applications under this Part involving classified information 325: Consideration by High Court of application involving classified information 1: This section and section 326 section 316 324(1), (2), (3), or (4) 2: In such a case— a: the application, or the response to an application for review made by the person subject to the decision, must be made by the chief executive and not by an immigration officer; and b: the District Court Judge must not be provided with access to any classified information. 3: If the District Court Judge considering the application considers that it is necessary to access classified information in order to make a decision in relation to an application under section 316 324 section 252(2) 4: If the chief executive considers that it will be necessary for a Judge to access classified information in order to make a decision in relation to an application under section 316 324 5: If this section applies, the person may continue to be detained— a: without warrant under section 313 section 312 b: under an existing warrant of commitment, until a determination is made on the application, as long as the application is made before the expiry of the existing warrant of commitment. 326: Process for High Court to consider application 1: Where an application is transferred or made directly to the High Court under section 325 sections 252 257 to 259 261 to 270 2: In determining the application,— a: sections 317 318 320 321 323 324 b: it is not the role of the nominated Judge to determine the matters described in section 243(1) c: the classified information must be treated as accurate. Duties of detaining officers 327: Duties of detaining officers 1: It is the duty of an immigration officer when detaining any person under section 312 a: to inform the person at the time of the detention of the reason for the detention (unless in all the circumstances it is impracticable to do so); and b: to produce the officer’s warrant; and c: to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and d: to inform the person of the maximum duration of the detention. 2: It is the duty of every constable when arresting and detaining any person without warrant under section 313 a: to inform the person at the time of the arrest, unless in all the circumstances it is impracticable to do so, of the reason for the arrest, and that the arrest does not relate to a criminal matter; and b: in the case of a constable who is not in uniform, to produce his or her badge or other evidence of being a constable; and c: to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and d: to inform the person of the maximum duration of the detention. 3: An immigration officer or a constable is not guilty of an offence and is not liable to any civil proceedings in respect of the arrest or detention by that officer or constable if he or she has reasonable and probable grounds for believing that the person is liable to arrest and detention under this Part. 4: A failure to fulfil any of the duties mentioned in subsections (1) and (2) does not of itself deprive the immigration officer or the constable, or any assistant, of protection from criminal responsibility. 1987 No 74 s 134 328: Additional powers relating to detention by immigration officer 1: Where an immigration officer is exercising the power of detention under section 312 a: to prevent the detained person from harming any person; or b: to prevent the detained person from damaging any property; or c: to prevent the detained person from escaping or attempting to escape from detention; or d: to recapture the person, if the person is fleeing, having escaped from detention. 2: By virtue of section 82 sections 85 to 87 section 89(1)(e) Part 4 sections 124 to 126 3: 4: 5: 6: An immigration officer who uses physical force or undertakes a search under this section must, not later than 3 working days after the use of the force or the search, give to the chief executive a written report of the use of the force or search, the circumstances in which it was used or conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1) or (2). Section 328(2) replaced 7 May 2015 section 78 Immigration Amendment Act 2015 Section 328(3) repealed 7 May 2015 section 78 Immigration Amendment Act 2015 Section 328(4) repealed 7 May 2015 section 78 Immigration Amendment Act 2015 Section 328(5) repealed 7 May 2015 section 78 Immigration Amendment Act 2015 329: Arresting or detaining officer may seek assistance 1: Where a constable is arresting any person under this Act, the constable may call upon any person in the vicinity for assistance. 2: Where an immigration officer is detaining any person under section 312 3: Every person so called upon is justified (as defined in section 2(1) or detention 1987 No 74 s 135 Section 329(3) amended 7 May 2015 section 79(1) Immigration Amendment Act 2015 Section 329(3) amended 7 May 2015 section 79(2) Immigration Amendment Act 2015 Form of custody 330: Approval of premises for purpose of immigration detention The chief executive may approve any premises for the purpose of detention under this Act. 331: Form of custody of persons detained without warrant overnight Every person who is placed in custody under section 313 a: in the case of a person under 18 years of age who is not married or in a civil union i: a residence (within the meaning of section 2(1) Oranga Tamariki Act 1989 Oranga Tamariki Act 1989 ii: b: in any other case, in— i: premises approved by the chief executive under section 330 ii: a police station. 1987 No 74 s 128(6) Section 331(a) amended 7 May 2015 section 80(1) Immigration Amendment Act 2015 Section 331(a)(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 331(a)(ii) amended 7 May 2015 section 80(2) Immigration Amendment Act 2015 332: Form of custody of persons detained under warrant of commitment Every person who is to be detained in custody under a warrant of commitment must be detained,— a: in the case of a person under 18 years of age who is not married or in a civil union i: a residence (within the meaning of section 2(1) Oranga Tamariki Act 1989 Oranga Tamariki Act 1989 ii: iii: premises approved by the chief executive under section 330 b: in any other case,— i: in a prison; or ii: in other premises approved for the purpose by the Judge, being premises approved by the chief executive under section 330 1987 No 74 s 62 Section 332(a) amended 7 May 2015 section 81(1) Immigration Amendment Act 2015 Section 332(a)(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 332(a)(ii) amended 7 May 2015 section 81(2) Immigration Amendment Act 2015 333: Special provisions relating to custody 1: Every person to whom a warrant of commitment is addressed under this Act is justified in detaining in accordance with the terms of the warrant any person who the addressee of the warrant believes on reasonable grounds to be the person named in the warrant, whether or not there is any defect in the issuing of the warrant. 2: Where any person (the detainee a: inform the detainee of the detainee’s right to contact a lawyer or any responsible adult nominated by or in respect of the detainee under section 375 b: on request by the detainee, any lawyer or agent acting for the detainee, or, where appropriate, any responsible adult, parent, or guardian, take all such reasonable steps as may be practicable to enable the lawyer or agent, or the responsible adult, parent, or guardian, to visit the detainee and communicate with the detainee in private. 3: Where a person is detained under this Act in a prison, that person must be treated in accordance with the Corrections Act 2004 4: A person to whom a warrant of commitment is addressed may take such reasonable measures as are necessary to give effect to the warrant. 1987 No 74 s 140 334: Additional provisions relating to custody in approved premises 1: Without limiting section 333(4) section 330 section 313 a: to prevent the person to whom the warrant or detention applies (the detainee b: to prevent the detainee from damaging any property; or c: to prevent the detainee from escaping or attempting to escape from custody; or d: to recapture the detainee, if the detainee is fleeing after having escaped from custody. 2: A person who uses physical force for any of the purposes referred to in subsection (1)— a: may use no more physical force than is reasonably necessary in the circumstances; and b: must as soon as practicable report the relevant incident to the person in charge of the premises concerned. 3: Where physical force is used in respect of a detainee by a person to whom subsection (1) applies, the person in charge of the premises concerned must— a: document the force used and the circumstances surrounding the use of that force; and b: as soon as is reasonably practicable, deliver the detainee into the custody of a constable for the purpose of bringing the detainee before a District Court Judge to determine the matters specified in subsection (4) or (5). 4: Where a detainee is delivered into the custody of a constable under subsection (3), and he or she is subject to a warrant of commitment,— a: a constable must as soon as practicable bring the person before a District Court Judge to consider the terms of the warrant of commitment; and b: the Judge may either confirm the existing warrant of commitment or amend the warrant by altering the place of detention specified in it (and, if appropriate, the person to whom it is addressed). 5: If a detainee is delivered into the custody of a constable under subsection (3) and he or she is detained under section 313 section 316 section 315 6: The Judge may also issue a further warrant of commitment in accordance with the relevant provisions of this Part where an immigration officer makes a contemporaneous application for a further warrant under section 316 7: A person who is delivered into the custody of a constable under this section and is to be detained overnight must be detained in the manner provided by section 332 8: For the avoidance of doubt, nothing in this section limits or affects any provision of the Crimes Act 1961 a: a justification or excuse for the use of force; or b: a defence to a charge involving the use of force. 1987 No 74 s 140A Delivery of person for purpose of deportation 335: Delivery of person into custody of immigration officer or police for purposes of deportation 1: Where a person is being held in custody pursuant to a warrant of commitment issued under this Part, an immigration officer or a constable may request the manager or other person in charge of the prison or other premises in which that person is held in custody to deliver the person into the custody of a constable for arrest and detention under section 313 section 312 2: Where a person is in prison undergoing imprisonment, an immigration officer or a constable may, on the date that the person is due to be released from imprisonment, request that, instead of releasing the person from custody, the manager or other officer in charge deliver the person into the custody of a constable for arrest and detention under section 313 section 312 336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned 1: This section applies if the following circumstances arise: a: a craft that was to take from New Zealand a person in relation to whom a deportation order is being executed, or whose departure is being effected,— i: ceases to be available for any reason; or ii: is, or is likely to be, delayed in New Zealand for more than 96 hours; or b: for any other reason it is not practicable in all the circumstances for the person to leave New Zealand at the expected time. 2: When this section applies,— a: a person who was released from custody pursuant to a warrant of commitment must be returned to the custody of the person to whom the warrant of commitment was addressed, and for that purpose the warrant remains in full force and effect: b: a person who has been subject to residence and reporting conditions under section 315 section 320 c: in any other case, an application may be made under section 316 Special provision where epidemic management notice in force 337: During epidemic District Court may deal with certain matters on basis of documents only 1: While an epidemic management notice is in force, any matter for which this Act requires a person to be brought before a District Court Judge may be dealt with by a District Court Judge on the basis of documents only, without the person being brought before the Judge. 2: Subsection (1) overrides every provision of this Act requiring a person to be brought before a District Court Judge for the consideration or determination of a matter. 3: If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only. 1987 No 74 s 129ZC 338: Modification during epidemic of requirements to bring people before District Court Judge 1: This subsection applies to a requirement imposed by or under this Act if it requires a person to be brought before a District Court Judge at intervals of not more than a stated duration for consideration or further consideration of a question. 2: While an epidemic management notice is in force, it is a sufficient compliance with a requirement to which subsection (1) applies if, at intervals of not more than 28 days, a District Court Judge considers or further considers the question concerned. 3: If the notice applies to only stated parts of New Zealand, subsection (2) applies within those parts only. 1987 No 74 s 129ZD 339: During epidemic certain warrants 1: If a warrant of commitment issued under this Act was in force immediately before the commencement of an epidemic management notice, it has effect as if it had authorised the detention of the person named in it for a period of 28 days. 2: Subsection (1) overrides every provision of this Act to the contrary. 2A: In subsection (1), warrant of commitment section 317B 3: If the notice applies to only stated parts of New Zealand, subsections (1) and (2) apply within those parts only. 1987 No 74 s 129ZE Section 339 heading amended 7 May 2015 section 82(1) Immigration Amendment Act 2015 Section 339(2A) inserted 19 June 2013 section 17 Immigration Amendment Act 2013 Section 339(2A) subsection number replaced 7 May 2015 section 82(2) Immigration Amendment Act 2015 340: Application of section 320 during epidemic 1: While an epidemic management notice is in force, an immigration officer and a released person may agree in writing to vary a condition imposed under section 320 a: whether or not the order containing it provides for them to do so; and b: whether or not they have the consent of a District Court Judge. 2: If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only. 341: Calculation of consecutive period of detention for purposes of section 323 1: In calculating for the purposes of section 323 a: no account is to be taken of any periods of detention occurring while an epidemic management notice is in force; but b: periods of detention do not cease to be consecutive just because they include periods during which an epidemic management notice was in force. 2: If the epidemic management notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only. 10: Offences, penalties, and proceedings Offences 342: Provision of false or misleading information 1: Every person commits an offence against this Act who— a: makes any statement, or provides any information, evidence, or submission, knowing that it is false or misleading in any material respect, in support of— i: any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or ii: any request for variation, waiver, or cancellation of the conditions of a visa; or iii: any appeal or application in the nature of an appeal to the Minister or the Tribunal; or b: produces or surrenders any document or supplies any information to an immigration officer or a refugee and protection officer knowing that it is false or misleading in any material respect; or c: completes any document required as part of a border requirement in a manner that the person knows to be false or misleading in any particular, or fails to comply with any of his or her other responsibilities under section 103 2: To avoid doubt, no proceedings under subsection (1)(b) may be brought if the documents or information are supplied in the circumstances to which Article 31.1 of the Refugee Convention applies. 1987 No 74 ss 126(4) 142(1)(a), (c) 343: Aiding and abetting 1: Every person commits an offence against this Act who,— a: for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain unlawfully in New Zealand or to breach any condition of a visa granted to the other person; or b: whether in or outside New Zealand, and whether or not the other person in fact enters New Zealand, aids, abets, incites, counsels, or procures any other person to unlawfully enter New Zealand i: knowing that the other person’s entry into New Zealand is or would be unlawful; or ii: being reckless as to whether the other person’s entry into New Zealand is or would be unlawful; or c: whether in or outside New Zealand, aids, abets, incites, counsels, or procures any other person to complete a document in a manner that the person aiding or assisting knows to be false or misleading in any particular, being a document required for the purposes of— i: section 98 103 ii: any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or iii: any request for variation, waiver, or cancellation of the conditions of a visa; or iv: any appeal or application in the nature of an appeal to the Minister or the Tribunal; or d: aids, abets, incites, counsels, or procures any other person to be or to remain unlawfully in New Zealand or to breach any condition of a visa granted to the other person under this Act. 2: In subsection (1)(a), for a material benefit section 2(1) 3: For the purposes of subsection (1)(b), a person unlawfully enters New Zealand if the person— a: arrives in New Zealand in a manner that does not comply with section 103 b: arrives in New Zealand without holding a visa, if the person requires a visa to travel to New Zealand; or c: arrives in New Zealand as the holder of a visa, or is granted a visa on arrival in New Zealand, but— i: the visa was or is granted in a false identity; or ii: any of the information provided in relation to the person's application for the visa was fraudulent, forged, false, or misleading, or relevant information was concealed; or d: is granted entry permission but— i: the entry permission was or is granted on the basis of a visa granted in a false identity; or ii: any of the information provided in relation to the person's application for the entry permission was fraudulent, forged, false, or misleading, or relevant information was concealed; or e: f: enters New Zealand in any other manner and, in doing so, does not comply with the requirements of this Act. 4: To avoid doubt, a person unlawfully enters New Zealand within the meaning of subsection (3) whether or not any action has been taken under this Act in relation to the visa or entry permission used by the person for the purpose of entering (for example, conviction of the person for procuring a visa by fraud or revocation of the person's entry permission). 1987 No 74 s 142(1)(ea), (eb), (ec), (f) Section 343(1)(b) amended 19 June 2013 section 15(1) Immigration Amendment Act 2013 Section 343(3) inserted 19 June 2013 section 15(2) Immigration Amendment Act 2013 Section 343(3)(c) replaced 7 May 2015 section 83 Immigration Amendment Act 2015 Section 343(3)(d) replaced 7 May 2015 section 83 Immigration Amendment Act 2015 Section 343(3)(e) repealed 7 May 2015 section 83 Immigration Amendment Act 2015 Section 343(4) inserted 19 June 2013 section 15(2) Immigration Amendment Act 2013 344: Obstruction or failing to meet requirements Every person commits an offence against this Act who,— a: without reasonable excuse, refuses or fails to produce or surrender any document, or to supply any information, when required to do so by an immigration officer or a refugee and protection officer in accordance with any of the provisions of this Act; or b: after being warned in accordance with section 279 c: fails to remain in an immigration control area or other prescribed place when required to do so, or to follow an immigration officer's instructions while in an immigration control area or other prescribed place; or d: resists or intentionally obstructs any immigration officer, refugee and protection officer, or constable in the exercise of the powers of that officer or constable under this Act; or e: refuses or fails to provide biometric information under section 104 111 120 f: refuses or fails to provide biometric information in accordance with a compulsion order. 1987 No 74 s 142(1)(b), (g) Section 344(c) replaced 7 May 2015 section 84 Immigration Amendment Act 2015 345: Improper dealings with immigration or identity documents 1: Every person commits an offence against this Act who, whether in or outside New Zealand, produces, surrenders, or passes off an immigration or identity document— a: as relating to the person when in fact, to the person's knowledge, the document relates to some other person; or b: knowing the document to be forged or to have been obtained fraudulently. 2: Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver a: produce it or pass it off as relating to the receiver or some other person; or b: sell, hire, lend, give, or otherwise dispose of it. 3: Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver a: produce it or pass it off as relating to the receiver or some other person; or b: sell, hire, lend, give, or otherwise dispose of it. 4: In this section, immigration or identity document a: a passport; or b: a certificate of identity; or c: an endorsement in a passport of the type described in section 384 d: evidence of a visa; or e: an invitation to apply for a visa; or f: a certificate of citizenship; or g: anything purporting to be a document described in any of paragraphs (a) to (f). 1987 No 74 s 142(1)(d), (e) 346: Impersonation Every person commits an offence against this Act who, not being an immigration officer or a refugee and protection officer, personates or pretends to be an immigration officer or a refugee and protection officer. 1987 No 74 s 142(1)(h) 347: Publishing false or misleading information Every person commits an offence against this Act who, for the purpose of encouraging, inducing, deterring, or preventing immigration to New Zealand of any person or class of persons, publishes, disseminates, or causes or procures the publication of any information or representation knowing that the information or representation is false or misleading. 1987 No 74 s 142(1)(i) 348: Alteration of forms Every person commits an offence against this Act who, not being an immigration officer or a refugee and protection officer,— a: after the person to whom a form (that is required to be completed for the purposes of this Act) relates has signed it and declared its contents to be true,— i: alters information entered on it; or ii: enters further information on it; or iii: alters any material attached to it; or iv: attaches any material or further material to it; and b: allows the form to leave his or her possession without writing on it and signing a statement of— i: the information or material that has been altered, entered, or attached; and ii: why and by whom the information or material has been altered, entered, or attached. 1987 No 74 s 142(2) 349: Offences relating to carriers, and persons in charge, of craft 1: Every carrier, or person in charge, of a commercial craft commits an offence who— a: fails without reasonable excuse to comply with any of the carrier's or the person's responsibilities under section 96(2) b: allows a person to travel to, or from, New Zealand before a decision has been made by the chief executive under section 97(1) 97A(1) c: having been notified under section 97(2) section 97(1)(b) or (c) ca: having been notified under section 97A(3) d: fails without reasonable excuse to comply with any of the carrier’s or the person’s obligations under section 102(2), (4), or (5) e: 2: Every carrier, or person in charge, of a craft commits an offence who fails without reasonable excuse to comply with any of the requirements of— a: section 101(1)(a) b: section 118(1)(a) c: sections 101(1)(b), (c), and (d) 101(2) 118(1)(b) and (c) 3: Every person in charge of a craft commits an offence who fails without reasonable excuse to comply with section 101(3) 4: Every carrier of a craft commits an offence who fails to comply with section 118(2) 5: To avoid doubt, proceedings in respect of an offence against subsection (1), (2), or (3) may be taken— a: against the carrier, or the person in charge, of the craft, but not both: b: whether the offence occurred in or outside New Zealand. 1987 No 74 ss 125AA(4) 125AC(1), (2) 125AE(1), (2) 125(6)–(8) Section 349(1)(b) replaced 28 September 2017 section 277(1) Intelligence and Security Act 2017 Section 349(1)(ca) inserted 28 September 2017 section 277(2) Intelligence and Security Act 2017 Section 349(1)(d) replaced 6 June 2015 section 85 Immigration Amendment Act 2015 Section 349(1)(e) repealed 6 June 2015 section 85 Immigration Amendment Act 2015 350: Offences by employers 1: Every employer commits an offence against this Act who— a: allows or continues to allow any person to work in that employer’s service, knowing that the person is not entitled under this Act to do that work; or b: allows a person who is not entitled under this Act to work in the employer’s service to do that work. 2: Subsection (1)(a) applies whether the person commenced work in the employer’s service before or after the commencement of this section. 3: It is a defence to a charge under subsection (1)(b) that the employer— a: did not know that the person was not entitled to do the work; and b: took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to do the work. 4: Except as provided in subsection (3), it is not a defence to a charge under subsection (1)(b) that the employer did not know that the person was not entitled under this Act to do that work. 5: A charge 6: For the purposes of this section, an employer is treated as knowing that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this section), the employer has been informed of that fact in writing by an immigration officer. 7: No employer is liable for an offence against this section in respect of any period during which the employer continues to allow any person to work in the employer's service in compliance with the minimum requirements of any employment agreement (within the meaning of the Employment Relations Act 2000) relating to the giving of notice on termination of employment. 1987 No 74 s 39 Section 350(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 351: Exploitation of unlawful employees and temporary workers 1: Every employer commits an offence against this Act who,— a: while allowing an unlawful employee or temporary worker i: is responsible for a serious failure to pay to the employee or worker Holidays Act 2003 ii: is in serious default under the Minimum Wage Act 1983 or worker iii: is responsible for a serious contravention of the Wages Protection Act 1983 or worker b: while allowing an unlawful employee or temporary worker or worker i: leaving the employer’s service; or ii: leaving New Zealand; or iii: ascertaining or seeking his or her entitlements under the law of New Zealand; or iv: disclosing to any person the circumstances of his or her work for the employer. 2: For the purposes of subsection (1)(a), the following are questions of fact: a: whether a failure to pay to a person money payable under the Holidays Act 2003 b: whether a default under the Minimum Wage Act 1983 c: whether a contravention of the Wages Protection Act 1983 3: For the purposes of subsection (1)(a), the following matters may be taken into account in deciding whether a failure, default, or contravention is serious: a: the amount of money involved: b: whether it comprises a single instance or a series of instances: c: if it comprises a series of instances,— i: how many instances it comprises: ii: the period over which they occurred: d: whether or not it was intentional: e: whether the employer concerned has complied with the record-keeping obligations imposed by the Act concerned: f: any other relevant matter. 4: The following are examples of actions of the kind referred to in subsection (1)(b): a: taking or retaining possession or control of a person’s passport, any other travel or identity document, or travel tickets: b: preventing or hindering a person from— i: having access to a telephone; or ii: using a telephone; or iii: using a telephone privately; or iv: leaving premises; or v: leaving premises unaccompanied: c: preventing or hindering a labour inspector (within the meaning of the Employment Relations Act 2000 5: Subsection (4) does not limit subsection (1)(b). 6: A charge 7: For the purposes of this section, an employer is treated as knowing— a: that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer; and b: that a worker holds a temporary entry class visa if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer. 8: In this section, in relation to an employer,— temporary worker a: who the employer knows holds a temporary entry class visa; or b: who holds a temporary entry class visa and in respect of whom the employer is reckless as to whether or not the person holds a temporary entry class visa unlawful employee a: the employer knows, under this Act, the person is not entitled to undertake; or b: the person is, under this Act, not entitled to undertake and in respect of which the employer is reckless as to whether or not the person is entitled to undertake the work. 1987 No 74 s 39A Section 351 heading amended 7 May 2015 section 86(1) Immigration Amendment Act 2015 Section 351(1)(a) amended 7 May 2015 section 86(2) Immigration Amendment Act 2015 Section 351(1)(a)(i) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(1)(a)(ii) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(1)(a)(iii) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(1)(b) amended 7 May 2015 section 86(2) Immigration Amendment Act 2015 Section 351(1)(b) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 351(7) replaced 7 May 2015 section 86(4) Immigration Amendment Act 2015 Section 351(8) replaced 7 May 2015 section 86(5) Immigration Amendment Act 2015 352: Offences by education providers 1: Every education provider commits an offence against this Act who— a: allows or continues to allow any other person to undertake a course of study knowing that the person is not entitled under this Act to undertake the course; or b: allows any other person to undertake a course of study if the person is not entitled under this Act to undertake the course. 2: Subsection (1)(a) applies whether the person commenced the course of study before or after the commencement of this section. 3: No person commits an offence under subsection (1) by reason of allowing or continuing to allow a person who is not entitled to study in New Zealand to undertake compulsory education. 4: It is a defence to a charge under subsection (1)(b) that the education provider— a: did not know that the person was not entitled to undertake the course of study; and b: took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to undertake that course. 5: Except as provided in subsection (4), it is not a defence to a charge under subsection (1)(b) that the education provider did not know that the person was not entitled under this Act to undertake that course of study. 6: A charge 7: For the purposes of this section, allowing a person to undertake a course of study includes accepting the person for enrolment in the course. 8: For the purposes of this section, a person is treated as knowing that another person is not entitled under this Act to study in New Zealand if, at any time in the preceding 12 months (whether before or after the commencement of this section), the person has been informed of that fact in writing by an immigration officer. 1987 No 74 s 40 Section 352(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 353: Offences in relation to Tribunal 1: Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any papers, documents, records, or things, without sufficient cause,— a: fails to attend in accordance with the summons; or b: refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer; or c: fails to produce any such paper, document, record, or thing. 2: Every person commits an offence who— a: intentionally obstructs or hinders the Tribunal or any member of it or any authorised person in any inspection or examination of papers, documents, records, or things under clause 10(1)(a) of Schedule 2 b: without sufficient cause, fails to comply with any requirement of the Tribunal or any authorised person made under clause 10(1)(b) or (c) c: without sufficient cause, contravenes or fails to comply with any order made by the Tribunal under clause 10(3) d: breaches an order made under clause 18(4) 3: No person summoned to attend before the Tribunal may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which the person was required to attend, there was made to the person a payment or tender of the amount determined under clause 16 of Schedule 2 1908 No 25 s 9 Section 353(2)(c) replaced 14 November 2018 section 104 Tribunals Powers and Procedures Legislation Act 2018 Section 353(2)(d) inserted 14 November 2018 section 104 Tribunals Powers and Procedures Legislation Act 2018 354: Failure to maintain confidentiality in relation to refugee or protection matters Every person commits an offence who, without reasonable excuse,— a: contravenes section 151(1) b: publishes information released in contravention of section 151(1) 1987 No 74 s 129T(5) Penalties 355: Penalties: general 1: A person convicted of an offence against section 342(1)(b) 343(1)(a) 345 348 2: A person convicted of an offence against section 343(1)(b) or (c)(i) 3: A person convicted of an offence against section 342(1)(c) 343(1)(d) 344(c) or (d) 354 4: A person convicted of an offence against section 346 4A: A person convicted of an offence against section 353(2)(d) 5: A person convicted of an offence against this Act, or against any regulations made under this Act, for which no specific penalty is provided in the Act or regulations is liable to a fine not exceeding $5,000. 6: Where any person is convicted of an offence against section 343(1)(d) 7: For the purposes of subsection (6), the costs incurred or likely to be incurred in deporting a person include— a: the costs of locating, detaining, and maintaining the person; and b: internal travel costs for the person; and c: external travel costs for the person. 1987 No 74 s 144 Section 355(4A) inserted 14 November 2018 section 105 Tribunals Powers and Procedures Legislation Act 2018 Section 355(5) replaced 7 May 2015 section 87 Immigration Amendment Act 2015 356: Penalties: carriers, and persons in charge, of craft 1: A person convicted of an offence against section 349 section 349(2)(b) a: in the case of a carrier of a craft, to imprisonment for a term not exceeding 3 months, a fine not exceeding $50,000, or both: b: in the case of a person in charge of a craft, to imprisonment for a term not exceeding 3 months, a fine not exceeding $25,000, or both. 2: A person convicted of an offence against section 349(2)(b) a: in the case of a carrier of a craft, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000: b: in the case of a person in charge of a craft, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000. 1987 No 74 ss 125AA(4) 125AC(3) 125AE(3) 125(6), (7) 357: Penalties: employers 1: A person convicted of an offence against section 350(1)(a) 2: A person convicted of an offence against section 350(1)(b) 3: A person convicted of an offence against section 351(1) a: a temporary worker within the meaning of paragraph (a) of the definition of temporary worker in section 351(8) b: an unlawful employee within the meaning of paragraph (a) of the definition of unlawful employee in section 351(8) 4: A person convicted of an offence against section 351(1) a: a temporary worker within the meaning of paragraph (b) of the definition of temporary worker in section 351(8) b: an unlawful employee within the meaning of paragraph (b) of the definition of unlawful employee in section 351(8) 1987 No 74 ss 39(5) 39A(8) Section 357(3) replaced 7 May 2015 section 88 Immigration Amendment Act 2015 Section 357(4) inserted 7 May 2015 section 88 Immigration Amendment Act 2015 358: Penalties: education providers 1: A person convicted of an offence against section 352(1)(a) 2: A person convicted of an offence against section 352(1)(b) Infringement offences for carriers, or persons in charge, of craft 359: Infringement offences In this Act, infringement offence a: an offence against section 349(1) or 349(2)(a) b: an offence prescribed as an infringement offence for the purposes of this Act by regulations made under section 400 360: Proceedings for infringement offences If a person who is a carrier, or a person in charge, of any craft is alleged to have committed an infringement offence, the person may either— a: be proceeded against by filing a charging document under section 14 b: be served with an infringement notice as provided in section 362 Section 360 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 361: Immigration officer may require information When considering whether to issue an infringement notice, an immigration officer may require the person concerned to provide all or any of the following information: a: the full name of the person in charge of the craft: b: the date of birth of the person in charge of the craft: c: the full residential address and, if different, the full postal address of the person in charge of the craft: d: the legal name of the carrier of the craft: e: the full postal address of the carrier of the craft: f: an electronic address for service for the carrier: g: an electronic address for service for the person in charge of the craft. Section 361(f) inserted 7 May 2015 section 89 Immigration Amendment Act 2015 Section 361(g) inserted 7 May 2015 section 89 Immigration Amendment Act 2015 362: Infringement notices 1: If an immigration officer believes on reasonable grounds that a carrier, or a person in charge, of a craft has committed an infringement offence, the immigration officer may issue an infringement notice to the carrier, or the person in charge, of the craft. 2: Every infringement notice must be in the prescribed form and must include the following particulars: a: sufficient detail to fairly inform the person of the time, place, and nature of the alleged infringement offence: b: the infringement fee for the infringement offence: c: an address at which the infringement fee may be paid: d: the time within which the infringement fee must be paid: e: a summary of the provisions of section 21(10) f: a statement that the person has a right to request a hearing: g: a statement of the consequences if the person does not pay the infringement fee and does not request a hearing: h: any other prescribed matters. 3: Every infringement notice must be served on the carrier, or person in charge, of the craft who appears to have committed the infringement offence. 4: 5: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 Section 362(3) replaced 7 May 2015 section 90 Immigration Amendment Act 2015 Section 362(4) repealed 7 May 2015 section 90 Immigration Amendment Act 2015 363: Reminder notices Regulations made under section 400 364: Infringement fees 1: Infringement fees prescribed under this Act may not exceed,— a: in the case of a person in charge of a craft, $2,500; and b: in the case of a carrier of a craft, $5,000. 2: All infringement fees are payable to the chief executive, and the chief executive must pay all infringement fees received into a Crown Bank Account. 365: Revocation of infringement notices An immigration officer may, by written notice served on the person to whom the infringement notice was issued a: the infringement fee is paid; or b: an order for payment of a fine is made by a court under section 21 Section 365 amended 7 May 2015 section 91 Immigration Amendment Act 2015 365A: Service of notices 1: This section applies to the following notices: a: an infringement notice served under section 362 b: a reminder notice referred to in section 363 c: a notice served under section 365 2: Every notice to which this section applies must be served by way of— a: sending it to the electronic address for service of the recipient, in which case it is deemed to be received by the recipient on the date on which it was sent; or b: personal service on the recipient; or c: sending it by registered post to the recipient's last known place of residence or business, in which case it is deemed to be received by the recipient on the date on which it was posted. 3: Subsection (2) applies despite anything in section 24 a: if service is effected in accordance with subsection (2), the recipient is deemed to have consented to service in that way (despite sections 220 224(1)(b) b: in any case, for the purpose of sections 387 389 Section 365A inserted 7 May 2015 section 92 Immigration Amendment Act 2015 Section 365A(3)(a) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Evidence in proceedings 366: Evidence in proceedings: certificates in relation to persons 1: In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an immigration officer or a refugee and protection officer and containing a statement in relation to any person to the effect of all or any of the matters described in subsection (2) or (3) is deemed to be proof of the truth of the statement, in the absence of proof to the contrary established on the balance of probabilities. 2: A certificate under this section may, in relation to a person, state that— 1: the person is not a New Zealand citizen; or 2: the person holds or at any material time held, or does not hold or did not at any material time hold, a visa; or 3: any visa granted to the person was granted for a specified period or on or until a specified date, or until the occurrence of a specified event, or was granted for an express purpose, or is or was subject to specified conditions; or 4: the person is or was at any material time, or is not or was not at any material time, the subject of a visa waiver; or 5: the person, or any visa or other document relating to or held by the person, is not, or was not at any material time, the subject of a special direction given under this Act; or 6: the person was or was not, at any material time, granted entry permission; or 7: an invitation to apply for a visa was or was not issued to the person, or was or was not revoked (including the date of issue or revocation, where appropriate); or 8: a decision whether to grant any visa has been made; or 9: an immigration officer or a refugee and protection officer was or was not satisfied as to any relevant specified matter; or 10: a particular stage of processing an application had or had not been reached; or 11: an automated electronic system was or was not applying criteria predetermined in accordance with immigration instructions or by the chief executive; or 12: the result of the process described in paragraph (11) was or was not applied as the basis for a decision; or 13: the person was served with a deportation liability notice on a specified date, or was deported from New Zealand on a specified date, or that there is or was, at any material time, a deportation order in force in respect of that person; or 13A: the person was removed from New Zealand on a specified date; or 14: the person was, at a specified time or for a specified period, liable for deportation; or 15: for the purpose of obtaining any visa, the person while outside New Zealand made any statement or supplied any information to an immigration officer that was false or misleading in any material respect, or produced or surrendered to an immigration officer any passport or certificate of identity or other document that was forged or obtained fraudulently; or 16: the person produced or surrendered to an immigration officer, while in New Zealand, any passport, certificate of identity, or other document that was forged or obtained fraudulently or that contained any evidence of a visa that was forged or so obtained, for the purpose of— a: obtaining a visa; or b: obtaining any variation, cancellation, or waiver of the conditions of any visa; or c: claiming any visa waiver; or d: supporting any appeal against deportation from New Zealand; or 17: the person is or is not in New Zealand, or has or has not left New Zealand, or was or was not in New Zealand, or had or had not left New Zealand at any particular time or for or during any particular period; or 18: the person has or has not lodged an appeal under any stated provision of Part 7 19: a certain document or application was received by an immigration officer or a refugee and protection officer on a certain date; or 20: the person is or is not an excluded person; or 21: the person travelled to New Zealand on a certain commercial craft at a certain time; or 22: the person did or did not travel to New Zealand before a decision was made by the chief executive under section 97(1) 22A: the person did or did not travel from New Zealand before a decision was made by the chief executive under section 97A(1) 23: the person travelled to New Zealand contrary to a decision made by the chief executive under section 97(1)(b) or (c) 23A: the person travelled from New Zealand contrary to a decision made by the chief executive under section 97A(1)(b) or (c) 24: the person did not provide, or otherwise make available, to the chief executive the information prescribed for the purposes of section 102(2) 25: the person has or has not, at any material time,— a: claimed to be a refugee in New Zealand or elsewhere; or b: been recognised as a refugee in New Zealand or elsewhere; or c: claimed recognition as a protected person in New Zealand; or d: been recognised as a protected person in New Zealand; or e: in a country other than New Zealand, claimed recognition as, or been recognised as, a person in need of protection under the Convention Against Torture or the Covenant on Civil and Political Rights; or 26: the person, while in New Zealand, produced or surrendered to an immigration officer or a refugee and protection officer any passport, certificate of identity, or other document that was forged or obtained fraudulently; or 27: a matter is or is not before a refugee and protection officer under section 143 145 146 28: a matter is or is not before the Tribunal under section 144 147 3: A certificate under this section may, in relation to a person, state that— a: fingerprints matching the person’s fingerprints were obtained under a particular name in a particular country; or b: the person has or has not been granted any particular immigration status (including any particular type of visa) or citizenship under a particular name in a particular country; or c: the person has or has not been recognised as a refugee or a protected person under a particular name in a particular country; or d: the person has or has not been deported from a particular country under a particular name; or e: the person has or has not been issued with a passport, certificate of identity, or other document under a particular name in a particular country; or f: the person has or has not been convicted of, charged with, or under investigation for an offence under a particular name in a particular country; or g: the person has or has not been awarded a particular qualification under a particular name in a particular country; or h: the person was or was not employed in a particular position (by a particular employer if appropriate) under a particular name in a particular country. 1987 No 74 s 143(1), (1A) Section 366(2)(13A) inserted 7 May 2015 section 93(1) Immigration Amendment Act 2015 Section 366(2)(22A) inserted 28 September 2017 section 278(1) Intelligence and Security Act 2017 Section 366(2)(23A) inserted 28 September 2017 section 278(2) Intelligence and Security Act 2017 Section 366(2)(24) replaced 7 May 2015 section 93(2) Immigration Amendment Act 2015 367: Evidence in proceedings: certificates as to forms, documents, etc For the purposes of any proceedings relating to any matter under this Act, whether before the Tribunal or a court,— a: a certificate signed by an immigration officer and containing a statement to the effect that any specified form was or was not approved and issued by the chief executive is sufficient evidence of the fact that it was or was not so approved and issued: b: a document purporting to be a special direction given under this Act, or a record of such a direction, or a copy of such a direction or record, and certified to be such by the Minister or an immigration officer, is sufficient evidence of the fact that such a special direction was given in respect of the person named, or the visa or document described, and on the date specified, in the document or certificate: c: a certificate signed by the Minister or an immigration officer and containing a statement to the effect that any specified document did or did not express immigration instructions applicable on any date or dates specified in the certificate is sufficient evidence of the fact that the document did or did not express immigration instructions applicable on that date or those dates: d: a document purporting to be a deportation liability notice or deportation order made under Part 6 e: a certificate signed by the chief executive stating that a particular place is or was an immigration control area is sufficient evidence of the fact that that place is or was an immigration control area. 1987 No 74 s 143(3)–(4B), (6) 368: Evidence in respect of matters occurring and documents executed outside New Zealand 1: The court, Tribunal, or other person or body conducting or in charge of any proceedings under this Act may, if it considers it fair and equitable to do so, receive as evidence any statement, document, or information tendered in respect of a document executed outside New Zealand, whether or not it would be normally admissible in a court of law. 2: Where a certificate under section 366 section 366(2)(15) or (3) 3: Where a statement, document, or information is received as evidence under subsection (1) or (2), the court, Tribunal, or other person or body conducting or in charge of the proceedings may determine the credibility or weight (if any) to be given in the proceedings to the document, statement, or information concerned. 1987 No 74 s 143(2), (7) 369: Presumption that certificates duly authorised Every person signing a certificate under section 366 367 1987 No 74 s 143(5) Procedural provisions relating to offences 370: Procedural provisions relating to offences 1: 2: 3: Only an immigration officer, a constable, or some other person authorised for the purpose by the Minister, may commence a proceeding for an offence against this Act or any regulations made under it. 1987 No 74 s 145(1)–(3) Section 370(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 370(2) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 370(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 371: Presumption of authority For the purposes of section 370(3) a: a person is an immigration officer, a constable, or any other authorised person; or b: proceedings were commenced Section 371(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 372: Time for filing charging document 1: Despite anything to the contrary in section 25 a: the date when the incident, situation, or set of circumstances to which the offence relates first became known to an immigration officer; or b: the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to an immigration officer. 2: Subsection (1) does not apply to the offences set out in sections 342(1)(b) 343(1)(a), (b), or (c)(i) 345 348 351 Section 372 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 11: Miscellaneous provisions Matters relating to immigration status of persons born in New Zealand 373: Immigration status of persons born in New Zealand on or after 1 January 2006 1: This section applies to a person who— a: is born in New Zealand on or after 1 January 2006; and b: is not a New Zealand citizen. 2: From birth, the person is deemed to have the most favourable immigration status of either of his or her parents at the time that he or she was born, as determined under section 374 a: the person leaves New Zealand; or b: the person is accorded a different immigration status under, or by the operation of, this Act. 1987 No 74 s 4A 374: Immigration status of persons whose status depends on immigration status of parent 1: A person’s immigration status for the purposes of section 373 a: if both parents are recorded on the person’s original birth record, whichever of the following is applicable: i: if both parents held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the visa of the parent whose temporary visa has the longest unexpired period: ii: if 1 parent only held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of that parent’s temporary visa: iii: if both parents held limited visas, the person is deemed to hold a limited visa of the duration of the unexpired period of the visa of the parent whose limited visa has the longest unexpired period: iv: if 1 parent only held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of that parent’s limited visa: v: if both parents held interim visas, the person is deemed to hold an interim visa of the duration of the unexpired period of the visa of the parent whose interim visa has the longest unexpired period: vi: if 1 parent only held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa: vii: if both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration: b: if 1 parent only is recorded on the person’s original birth record, whichever of the following is applicable: i: if the parent held a temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the parent’s temporary visa: ii: if the parent held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of the parent’s limited visa: iii: if the parent held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa: iv: if the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent’s unlawful status. 2: Where a person is deemed to hold a visa under this section, the visa expires on the person’s departure from New Zealand, unless it has already expired. 3: In this section, unexpired period section 63 1987 No 74 s 4A(4) Minors 375: Minors to have responsible adult to represent their interests 1: In any matters of the kind referred to in subsection (2) that relate to a person who is under 18 years of age and who is not married or in a civil union (in this section and sections 376 377 minor a: the minor’s interests are to be represented by the minor's parent; and b: the parent is the responsible adult for the minor for the purposes of this section and sections 376 377 2: If a minor does not have a responsible adult to represent the minor’s interests by virtue of subsection (1), a responsible adult must be nominated in accordance with this section to represent the minor’s interests in relation to any of the following matters under this Act: a: the minor’s liability for deportation, and the deportation of the minor: b: any claim by the minor for recognition as a refugee or a protected person: c: any appeal or review proceedings by the minor under this Act: d: any detention of the minor under this Act. 3: The responsible adult is to be nominated by the Tribunal, an immigration officer, a refugee and protection officer, or a Judge, as the case may require. 4: A person may be nominated as a responsible adult only if— a: the person is 20 years of age or more; and b: except in the case of a parent or guardian of the minor, the person is a New Zealand citizen or a resident or permanent resident; and c: the person is— i: a parent, guardian, or relative of the minor; or ii: a person suggested by the minor; or iii: any other person having responsibility for the minor or who is otherwise suitable to represent the minor’s interests; or iv: if no appropriate person is otherwise available under this subsection, a person designated by the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 d: except in the case of a parent or guardian of the minor, the person agrees in writing to be nominated as a responsible adult. 5: Should the need arise, and after such consultation as is reasonable in the circumstances, a substitute responsible adult may be nominated in accordance with the requirements of this section. 6: The role of a responsible adult— a: relates only to the matters or proceedings in relation to which he or she was nominated; and b: finishes when the minor leaves New Zealand or the matter or proceedings concerned are completed, as the case may be. 7: A responsible adult who is representing the interests of a minor in any matter of a kind referred to in subsection (2) must supply to an immigration officer, a refugee and protection officer, or the Tribunal, as the case may require, an address in New Zealand at which any communication relating to the minor may be notified to that adult. 1987 No 74 s 141B Section 375(4)(c)(iv) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 376: Role and rights of responsible adult The following provisions apply to any dealings under this Act with a minor who has a responsible adult to represent his or her interests: a: the responsible adult may, on the minor's behalf,— i: appeal to the Tribunal under Part 7 ii: appeal to the High Court under section 245 iii: bring review proceedings in the High Court in accordance with this Act: b: the responsible adult may make submissions to the Tribunal: c: the responsible adult may appear and be heard in any District Court proceedings under this Act relating to the minor: d: to the extent practicable given the level of maturity and understanding of the minor, the responsible adult must attempt to elicit the views of the minor and make them known on behalf of the minor, where appropriate: e: any document required to be served on or notified to the minor is instead to be served on or notified to the responsible adult, and such service or notification is deemed to be service on or notification to the minor. 1987 No 74 s 141C 377: Views of minor to be considered In any proceedings or process of a kind referred to in section 375(2) a: an opportunity must be given, so far as practicable, for the minor to express his or her views on the matter, whether personally or through a responsible adult; and b: due weight is to be given to those views having regard to the age and level of maturity and understanding of the minor. 1987 No 74 s 141D Special directions 378: Special directions 1: The Minister may give to the chief executive or any other immigration officer, either in writing or orally, a special direction, in relation to any matter for which such a direction is contemplated by any provision of this Act or of regulations made under this Act, in respect of— a: any person, visa, or document; or b: any 2 or more persons, visas, or documents where by reason of any specific event, occurrence, or unusual circumstances there is a common link between those persons, visas, or documents. 2: The Minister may give in writing a special direction— aaa: aab: aac: aad: a: waiving the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, in accordance with section 69(2)(a) b: suspending, under section 69(2)(b) section 69(1) ba: c: classifying persons to whom a transit visa waiver applies, in accordance with section 86(4)(a) d: suspending, under section 86(4)(b) section 86(2)(a) 2A: 3: A special direction comes into force on the day on which it is made, or any later date specified in the direction. 4: Where a special direction is given orally, the chief executive or immigration officer must as soon as possible make a written record of the content and date of the direction. 5: A special direction may be subject to such conditions as the Minister thinks fit. 6: A special direction may revoke or amend any previous special direction. 7: Nothing in this section limits or affects the powers of the Minister to give all such instructions to the chief executive as the Minister thinks fit in the ordinary course of the administration of the immigration portfolio and of this Act. 8: The decision whether to grant a special direction is in the absolute discretion of the Minister. 9: 1987 No 74 s 130 2023-05-16 Immigration Act 2009 Section 378(2)(aaa) to (aad) and paragraph (ba) and subsection (2A) are repealed at the close of 15 May 2023. Section 378(2)(aaa) repealed the close of 15 May 2023 Section 378(2)(aab) repealed the close of 15 May 2023 Section 378(2)(aac) repealed the close of 15 May 2023 Section 378(2)(aad) repealed the close of 15 May 2023 Section 378(2)(ba) repealed the close of 15 May 2023 Section 378(2A) repealed the close of 15 May 2023 Section 378(9) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 379: Immigration officer to act in accordance with special direction Any decision made, or discretion exercised, under this Act by an immigration officer must be made or exercised in accordance with any special direction that is— a: relevant to the decision; and b: in force at the time the decision is made. Delegation of Minister's powers 380: Delegation of Minister's powers 1: The Minister may, in writing, delegate to any immigration officer 1 or more of the powers conferred on the Minister by this Act, except— a: this power of delegation; and b: the power to certify immigration instructions under section 22 c: the powers referred to in section 33(1) and (2) ca: cb: cc: cd: d: the power to make a special direction under section 69(2)(a) or (b) da: e: the power to make a special direction under section 86(4) f: the power to certify under section 163(1) g: the power to make a decision of a kind referred to in section 139 199 1A: 2: The immigration officer to whom a delegation may be made may be an officer referred to by name or the officer who for the time being holds a specified position. 3: Every delegation is revocable at will, and no delegation prevents the exercise of any power by the Minister. 4: A delegation may be made subject to such restrictions and conditions as the Minister thinks fit, and may be made either generally or in relation to any particular case. 5: A delegation no longer applies to a person when the person leaves the Department or service or employment in respect of which the delegation was made. 6: Until revoked, a delegation continues in force according to its tenor, even if the Minister who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that Minister. 7: The fact that any immigration officer exercises any power of the Minister, other than a power referred to in subsection (1), is, in the absence of proof to the contrary, sufficient evidence that the officer has been authorised to do so by a delegation under this section. 1987 No 74 s 131 2023-05-16 Immigration Act 2009 Section 380(1)(ca) to (cd) and paragraph (da) and subsection (1A) are repealed at the close of 15 May 2023. Section 380(1)(ca) repealed the close of 15 May 2023 Section 380(1)(cb) repealed the close of 15 May 2023 Section 380(1)(cc) repealed the close of 15 May 2023 Section 380(1)(cd) repealed the close of 15 May 2023 Section 380(1)(da) repealed the close of 15 May 2023 Section 380(1A) repealed the close of 15 May 2023 Matters relating to chief executive 381: Chief executive may approve forms 1: The chief executive may approve and issue application forms and any other forms that the chief executive considers necessary for the purposes of this Act, not being forms prescribed or to be prescribed by regulations made under this Act. 2: Every document purporting to be in a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive, an immigration officer, or a refugee and protection officer otherwise certifies. 3: The chief executive referred to in clause 5(2) or matters (as defined in section 183 a: that he or she considers necessary for the purposes of this Act; and b: for which no forms are currently prescribed. 4: Every document purporting to be in a form approved and issued by the chief executive referred to in clause 5(2) Section 381(3) amended 7 May 2015 section 94 Immigration Amendment Act 2015 382: Chief executive to designate immigration control areas 1: The chief executive may designate the following places in New Zealand as immigration control areas: a: all or any part of the area of an airport: b: all or any part of the area of a port: c: any other place that the chief executive considers appropriate for processing people arriving in and departing from New Zealand. 2: The chief executive must give written notice of a designation under this section to— a: the operator of the airport or port concerned; or b: the person otherwise in control of the place (being an owner, occupier, lessee, or sublessee). 3: The chief executive must also publicly notify any designation under this section by making available a description of the designated area or place, free of charge, at— a: offices of the Department; and b: New Zealand Government offices overseas that deal with immigration matters. 383: Chief executive may designate places outside New Zealand where entry permission may be granted 1: The chief executive may— a: designate places outside New Zealand (for example, ports, airports, or offices of the Department that are overseas) where an immigration officer may grant entry permission to a person before the person travels to New Zealand; and b: determine the class or classes of persons that may be granted entry permission at a designated place. 2: The chief executive must publicly notify any designation under this section by making available a description of the designated place, free of charge, at— a: offices of the Department; and b: New Zealand Government offices overseas that deal with immigration matters. Endorsement of New Zealand citizenship in foreign passports 384: Endorsement in foreign passport 1: For the purpose of facilitating a person's entry into New Zealand, the chief executive may make an endorsement in relation to a passport (other than a New Zealand passport)— a: held by a New Zealand citizen to indicate the fact of the person's New Zealand citizenship: b: on which the person is entitled to travel to indicate the fact of the person's New Zealand citizenship. 2: An endorsement is made by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive. 3: An endorsement may (but need not) be evidenced by a physical endorsement in the passport concerned. 4: A New Zealand citizen who wishes to obtain an endorsement of the type described in subsection (1) must apply to the chief executive in the prescribed manner and include— a: the prescribed evidence to support his or her application; and b: either— i: a New Zealand passport issued on or after 5 November 2005; or ii: if the person does not hold a New Zealand passport issued on or after 5 November 2005, a photograph suitable for use as biometric information. 5: The chief executive may cancel an endorsement given under subsection (1) if the person is deprived of, or renounces, his or her citizenship under the Citizenship Act 1977 Responsibilities of certain operators of airports and ports 385: Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc 1: The operator of an airport or a port that is subject to a designation under section 382 2: The operator of the airport or port may impose a reasonable charge or charges on the Department for providing the operating areas, accommodation, facilities, buildings, equipment, and storage required by the chief executive under subsection (1), but no charge may be imposed on the Department in respect of any operating area used for the processing of persons arriving in or departing from New Zealand (including any area used for the purposes of ensuring that a person is placed on the first available craft leaving New Zealand). 3: Subsection (2) applies despite anything to the contrary in the Airport Authorities Act 1966 1996 No 27 s 18(1), (2), (3)(a) Notice requirements and addresses for communications 386: Serving and giving notices, etc, to Minister and officers 1: If under this Act any notice or other document is to be served on or supplied to the Minister, it must be delivered to the Minister’s office or to an immigration officer at an office of the Department. 2: If under this Act any notice or other document is to be served on or supplied to an immigration officer or a refugee and protection officer, it must be delivered personally to an immigration officer or a refugee and protection officer or sent by registered post to an immigration officer or a refugee and protection officer at an office of the Department. 3: 4: 5: 6: 7: 8: This section applies unless a provision in this Act expressly provides otherwise. 1987 No 74 s 146 Section 386 heading replaced 7 May 2015 section 95(1) Immigration Amendment Act 2015 Section 386(3) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(4) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(5) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(6) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(7) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 386A: Serving and giving notices, etc, to other people 1: This section applies where, under this Act or any regulations made under it, a notice or other document is required to be served on, or supplied, notified, or in any other way given to, a person other than a person referred to in section 386(1) or (2) 2: A notice or other document that is required to be served on a person must be in writing and must be served by— a: personal service on the person; or b: sending it by registered post to the person's address for service; but if the address for service is the address of a lawyer or agent, service is effected only if the lawyer or agent signs a memorandum stating that he or she accepts service of the notice or document on behalf of the person. 3: If a notice or other document is required to be supplied, notified, or in any other way given to a person, the notice or other document must be in writing and must be either given to the person personally or sent to the person's contact address, in which case,— a: if the address is a physical address, it must be sent by registered post to that address; and b: if the address is an electronic address, it must be sent by electronic means to that address. 4: A notice or document served or sent by registered post is deemed to be received by the person to whom it is addressed,— a: if the address is in New Zealand, 7 days after the date on which it was sent; and b: if the address is outside New Zealand, 14 days after the date on which it was sent. 5: A notice or other document sent to an electronic address is deemed to be received by the person to whom it is addressed 3 working days after the date on which it was sent. 6: Subsection (4) applies unless the intended recipient proves that he or she did not receive the notice or document and the failure to receive it was not a result of fault on his or her part, and— a: he or she is— i: the holder of a residence class visa; or ii: a person described in section 187(1)(a) to (c) b: the address to which the notice or document was sent is an address outside New Zealand. Section 386A inserted 7 May 2015 section 96 Immigration Amendment Act 2015 387: Address for service 1: A person's address for service is, unless any of subsections (2) to (4) apply, either of the following provided by the person: a: the person's physical address (whether in or outside New Zealand): b: a physical address in New Zealand of a lawyer or other person who is acting as an agent for the person and is authorised by the person to accept service on his or her behalf. 2: If the address provided by a person as his or her address for service is known not to be an address at which service can properly be effected, and if subsections (3) and (4) do not apply, the person's address for service is the person's contact address, if that address is a postal address. 3: If a person is under 18 years of age and is not married or in a civil union, the person's address for service is,— a: if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the address for service of that other person; or b: if a responsible adult has been determined or nominated under section 375 section 141B 4: If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3) does not apply, the person's address for service is the postal address of the place where the person is detained or required to reside. 5: A person who has provided an address for service may at any time substitute a different address for service by giving written notice of the new address to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires. 6: Subsection (7) applies if the latest address provided by a person was provided before section 97 7: Despite subsection (1), the person's address for service is the person’s New Zealand address (within the meaning of the Act as in force before section 97 Section 387 replaced 7 May 2015 section 97 Immigration Amendment Act 2015 387A: Contact address 1: A person's contact address is whichever of the following addresses the person has designated as his or her contact address, unless any of subsections (2) to (4) applies: a: the person's postal address: b: an electronic address for the person: c: the postal address or electronic address of a lawyer or other person who is acting as an agent for the person. 2: If a person's designated contact address is known not to be an address at which the person can be contacted, and if subsections (3) and (4) do not apply, the person's contact address is whichever of the following addresses is considered most likely to be the address at which the person can be contacted: a: any other address referred to in subsection (1) that has been provided by the person: b: any address for the person that is obtained, after this section comes into force, as a result of the exercise by an immigration officer or constable of any of the powers under section 274 276 277 278 280 3: If a person is under 18 years of age and is not married or in a civil union, the person's contact address is,— a: if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the contact address of that other person; or b: if a responsible adult has been determined or nominated under section 375 section 141B 4: If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3) does not apply, the person's contact address is the postal address of the place where the person is detained or required to reside. 5: If a person's contact address is an electronic address, the person is deemed to have consented to receive at that address all notices or other documents required to be supplied, notified, or in any other way given to the person, but only if the person provides the address after this section comes into force. 6: A person who has designated an address as a contact address may at any time substitute a different contact address by written notice to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires. 7: Subsection (8) applies if the latest address provided by a person was provided before section 97 8: Despite subsection (1), the person's contact address is the person’s New Zealand address (within the meaning of the Act as in force before section 97 Section 387A inserted 7 May 2015 section 97 Immigration Amendment Act 2015 387B: Departures from sections 386A to 387A Sections 386A to 387A Section 387B inserted 7 May 2015 section 97 Immigration Amendment Act 2015 Immigration officers and refugee and protection officers 388: Designation of immigration officers 1: The chief executive may designate as immigration officers— a: the persons employed in the Department that the chief executive considers are— i: necessary for the purposes of this Act; and ii: suitably qualified and trained; and b: such other agents of or persons in the service of the Government of New Zealand, or persons in the service of the government of another country, as the chief executive determines, whether designated individually or by class or position. 2: The chief executive must specify which functions and powers an immigration officer is authorised to exercise under this Act, and an officer may not perform any functions or exercise any powers under this Act unless specifically authorised by the chief executive. 3: An immigration officer authorised to exercise 1 or more of the following powers must be issued with a warrant of designation, signed by the chief executive, specifying which of those powers the officer may exercise: a: the power to deport a person under section 178 b: the power of entry and inspection under sections 276 277 277A 278 c: the powers under sections 279 280 281 281A 281B d: the powers under sections 282 283 284 285 285A e: the power of entry and search under section 286 f: the power to require biometric information, special biometric information, or both under section 288 g: the power to detain a person under section 312 4: A warrant is sufficient evidence of the officer’s designation as an immigration officer, and the officer’s authorisation to perform the functions and exercise the powers specified in it. 5: To avoid doubt, the chief executive need not be issued with a warrant of designation, and may perform or exercise all the powers and functions of an immigration officer under this Act. 6: A person may not at any one time be designated as an immigration officer and a refugee and protection officer. 7: Whenever an immigration officer (including a constable exercising the powers of an immigration officer) seeks entry to any premises, building, or craft in the course of exercising a power described in subsection (3), the officer— a: must produce his or her warrant of designation; and b: if called upon to do so, must state the provision or provisions of this Act under which he or she is entitled to enter the premises, building, or craft or exercise a power of detention. 8: An immigration officer (including a constable exercising the powers of an immigration officer) who, in exercising a power described in subsection (3), orally makes a request, requirement, or demand of a person must also produce his or her warrant of designation if called upon to do so by the person. 9: It is sufficient compliance with subsections (7)(a) and (8) if, in the case of a constable, he or she is in uniform or produces his or her badge or other evidence of being a constable. 1987 No 74 s 133 Section 388(3)(b) amended 7 May 2015 section 98(1) Immigration Amendment Act 2015 Section 388(3)(c) amended 7 May 2015 section 98(2) Immigration Amendment Act 2015 Section 388(3)(d) amended 7 May 2015 section 98(3) Immigration Amendment Act 2015 Section 388(3)(f) replaced 7 May 2015 section 98(4) Immigration Amendment Act 2015 389: Immigration officers’ functions and powers 1: An immigration officer may be authorised to perform or exercise individual functions and powers, or functions and powers of 1 or more classes. 2: Without limiting the way in which functions and powers are classified under subsection (1), functions and powers may be classified as follows: a: visa decision-making functions and powers, being the functions and powers set out in Part 3 b: entry permission decision-making functions and powers, being the functions and powers set out in Part 4 c: compliance and enforcement functions and powers, being the functions and powers set out in Part 8 d: the power of detention, being the power set out in section 312 390: Designation of refugee and protection officers 1: The chief executive may designate as refugee and protection officers the persons employed in the Department that the chief executive considers necessary for the purposes of this Act. 2: A person designated as a refugee and protection officer may perform all the functions and exercise all the powers of a refugee and protection officer. 3: Subsection (2) is subject to section 33(2)(b) 391: Revocation or lapsing of designations 1: Every designation by the chief executive of a person as an immigration officer or a refugee and protection officer, or for any other purpose under this Act, is revocable in writing at will. 2: Every authorisation of an immigration officer to exercise a power or perform a function is revocable in writing at will. 3: Any such designation or authorisation— a: continues in force according to its tenor until it is revoked, even if the chief executive who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive: b: is subject to such restrictions or conditions as the chief executive specifies in writing in the warrant of designation. 4: A designation lapses when the person leaves the Department or the service or employment in respect of which the person was designated. 5: A person whose designation has lapsed or been revoked must immediately surrender the warrant of designation to the chief executive. 1987 No 74 s 133A Relationship between this Act and Human Rights Act 1993 392: Relationship between this Act and Human Rights Act 1993 1: The Human Rights Commission may perform, in relation to immigration matters, all of its functions (as described in section 5 a: making public statements in relation to any matter affecting human rights: b: receiving and inviting representations from members of the public on any matter affecting human rights: c: inquiring generally into any matter, practice, or procedure if it appears to the Commission that the matter involves, or may involve, the infringement of human rights: d: reporting to the Prime Minister on any matter affecting human rights. 2: However, despite anything in the Human Rights Act 1993 a: no complaint may be made under that Act in respect of— i: the content or application of this Act or any regulations made under this Act; or ii: the content or application of any immigration instructions made in accordance with section 22 b: the Human Rights Commission may not, in relation to any matter referred to in paragraph (a),— i: bring any proceedings of a kind referred to in section 5(2)(i) ii: exercise in relation to any proceedings the powers conferred by section 5(2)(j) 3: This section recognises that immigration matters inherently involve different treatment on the basis of personal characteristics. 1987 No 74 ss 149C 149D Fees, bonds, levies, etc 393: Fees and how they may be prescribed for purposes of section 400 1: Without limiting the power to prescribe fees set out in section 400 a: fees may be prescribed under that section in relation to any matter or service under or arising from this Act,— i: whether it be the acceptance for processing of, the processing of, or the decision on any application, request, or appeal: ii: whether or not it relates to a formal process: iii: whether or not any other fee is payable in respect of some other aspect of the same matter: iv: whether or not it relates to a visa, special direction, waiver, or other exercise of powers under this Act: b: the regulations may prescribe any manner in which fees may or may not be payable: c: the regulations may prescribe to whom the fees or charges are payable and, in the case of any fees or charges payable to the Department, may provide for, or allow, the fee or charge to be payable to a third person on behalf of the Department: d: the regulations may prescribe fees payable by a third party (not being an applicant for, or a holder of, a visa or entry permission) in connection with a status or approval that, under the immigration instructions, the third party requires, or wishes to obtain or keep, where that status or approval is relevant to applicants for a visa or entry permission. 2: Fees may apply to an individual person or application, or to a group of persons or applications, or otherwise. 3: Fees may not be imposed on claimants for any matter relating to refugee status or protection status. 4: Fees may be prescribed in a way, or at a level or levels, or using 1 or more methods of calculation, that reflects the variable nature of the costs or potential costs that give rise to the need for each fee, and the range of factors that influence those costs. 5: Without limiting subsection (4), the fees prescribed may— a: differ depending on whether a special or urgent service is provided: b: include more than 1 level of fee for the same service provided in different ways, or provided in or in respect of different places: c: differ for otherwise similar services provided in different ways: d: differ for otherwise similar services provided to different categories of person: e: differ depending on the amount of service required or the components of the service required for the particular person or class of person: f: differ depending on whether a group of people (including a family group) is requesting or obtaining the services in question: g: differ depending on whether an agent is used to deliver or help deliver the service concerned. 6: Without limiting the way in which fees may be set, a fee may be set at a level or in a way that— a: is determined by calculations that involve an averaging of costs or potential costs: b: takes into account costs or potential costs of services that are not to be provided directly to the person who pays the fee but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service. 7: A fee is payable at the time prescribed in respect of a particular service, whether that time is before, during, or after completion of the relevant service. 8: In the case of services to be provided outside New Zealand or in respect of a person outside New Zealand,— a: a fee may be set in New Zealand dollars or in a foreign currency; and b: if the fee is set in New Zealand dollars, the method of determining the amount payable at any time in currency other than New Zealand dollars is to be determined by the chief executive. 9: A fee may also be required by the regulations in question to be paid in New Zealand dollars only. 10: All fees prescribed under this Act and received by the Department or any other government department must be paid into a Departmental Bank Account 1987 No 74 s 148A Section 393(1)(d) inserted 7 May 2015 section 99(1) Immigration Amendment Act 2015 Section 393(10) amended 7 May 2015 section 99(2) Immigration Amendment Act 2015 394: Other charges 1: Nothing in section 393 396 2: Subsection (1) is subject to subsection (7). 3: Without limiting subsection (1), and for the avoidance of doubt, the Department may— a: operate a telephone information service for which each caller pays according to their usage or on some averaged basis: b: charge persons for the cost of mailing or couriering information to them (including transcripts and recordings of hearings), or the cost of moving, at the person’s request, the administration of a matter relating to the person from one office of the Department to another: c: charge for the cost of written material, unless that material is required by any Act or by regulations made under this Act to be provided free of charge: d: charge for the cost of transcripts or recordings of hearings, unless that material is required by any Act to be provided free of charge: e: charge for access to any Internet site, or for information or services provided by any Internet site, operated by the Department: f: charge for access to any library or research services provided in relation to immigration, refugee, or protection matters: g: charge any person for services requested by (and provided to) that person in relation to immigration matters, other than services provided in an immigration control area: h: charge any person for the supply of forms to the person in quantity, where it is apparent that the forms are not for the person’s own personal use. 4: All such charges received by the Department must be paid into a Departmental Bank Account 5: Nothing in subsection (1) or (3)(g) authorises the charging of any person who operates a place that is, or contains, an immigration control area for services provided in relation to immigration or refugee or protection matters. 6: Nothing in subsection (3)(g) affects the ability to recover costs under section 398 7: If the Department is not the department referred to in clause 5 a: charge persons for the cost of mailing or couriering information to them (including information that is transcripts or recordings of hearings): b: charge for the cost of transcripts and recordings of hearings, or copies of records and papers, of the Tribunal (unless the material is required by any enactment to be provided free of charge): c: charge for access to any library or research services provided in relation to immigration, refugee, or protection matters: d: charge a person for the supply of forms to the person in quantity, if it is apparent that the forms are not for the person's own personal use: e: charge for the reasonable costs of providing any other service associated with an appeal or matter before the Tribunal. 8: All charges received by a department under subsection (7) must be paid into a Departmental Bank Account 1987 No 74 s 148C Section 394(4) amended 7 May 2015 section 100(1) Immigration Amendment Act 2015 Section 394(8) amended 7 May 2015 section 100(2) Immigration Amendment Act 2015 395: Exemptions and refunds 1: Regulations made under this Act may provide for exemptions from or refunds of any fee or charge payable under this Act, in whole or in part, in any class of case. 2: The Minister may by special direction provide for an exemption from or refund of any prescribed fee or charge in whole or in part. 1987 No 74 s 149 396: Imposition of bonds 1: This section applies in any case where a bond may be imposed under this Act. 2: The amount of any bond is to be at a level determined or authorised by immigration instructions. 3: Different levels of bond, or different methods of determining levels of bond, may be determined or authorised in respect of different categories of person. 4: Without limiting the manner in which persons may be categorised, categories of persons may be determined by having regard to the different regions of the world where their countries of origin or nationality are situated and the costs of travel or repatriation to those regions or countries. 5: The Minister or an immigration officer must specify— a: the conditions in respect of which the bond is paid (which must relate to or be based on requirements of the relevant immigration instructions, if appropriate, or on other requirements and obligations imposed by or under this Act, including conditions of the relevant visa); and b: the situations in which it may be refunded or forfeited, whether in whole or in part. 6: Immigration instructions may— a: require any bond or class of bond to be paid in New Zealand dollars only: b: require any refund of a bond or class of bond to be made in New Zealand dollars only (whether or not the bond itself was required to be paid in New Zealand dollars). 7: A bond required in respect of any type of matter is payable at the time specified for that class of matter in immigration instructions, and may be payable either by the person concerned or by any other class of person specified in the instructions. 8: Immigration instructions may provide for exemptions from or refunds of any bond payable in any class of case. 9: The Minister may by special direction provide for an exemption from or refund of any bond, in whole or in part. 397: Refund or forfeiture of bond 1: The Minister or an immigration officer may cause a bond imposed under this Act to be forfeited. 2: Forfeiture of a bond is at the discretion of the Minister or an immigration officer, who must exercise the discretion by taking into account— a: the reason the bond was imposed; and b: the extent to which the conditions of the bond have been met or breached; and c: any explanation given as to the breach of the bond conditions; and d: the estimated cost to the Crown of the breach. 3: A person who is eligible for the refund of a bond must apply for the refund within 12 months of the bond becoming refundable, or the bond is forfeit to the Crown. 4: A bond paid must be held in trust by the Department until refunded or forfeited. 5: No interest is payable on a bond to the person who paid it. The chief executive may apply any interest towards the costs of administering the bond system, and any surplus interest must be paid into a Crown Bank Account. 6: In the case of a bond imposed in relation to a temporary entry class visa, no refund may be made until the person in question either is no longer in New Zealand or is granted a residence class visa. 7: A refund of a bond must be paid either to the person who paid it or to a person authorised by that person to receive it. 8: If all or any part of a bond is forfeited, the Department must pay the amount forfeited into a Crown Bank Account. 9: No bond may be imposed on any claimant for any matter relating to recognition as a refugee or a protected person, and any bond imposed upon a person before that person became a claimant must be refunded if the person is subsequently recognised as a refugee or a protected person. 1987 No 74 s 148B 398: Costs of deportation or repatriation 1: Subject to this section and to any order of a court under section 355(6) 2: Subsection (3) applies if— a: a person has been or is to be deported or repatriated from New Zealand; and b: that person has in New Zealand a spouse, civil union partner, de facto partner, or dependent child; and c: the Minister is satisfied that the effect of the deportation or repatriation has been or will be to separate the person from the spouse, partner, or dependent child. 3: The Minister may provide the person or the person’s spouse or partner with such assistance as the Minister thinks fit for the purpose of reuniting the spouse, partner, or dependent child with the person in the country to which the person has been or is to be deported or repatriated, and any such assistance may include the grant of a sum out of a Crown Bank Account to meet all or part of the travelling or other costs that will be incurred in any such exercise. 4: The costs incurred by the Crown in deporting or repatriating a person are recoverable as a debt due to the Crown, and those costs include (without limitation) costs incurred— a: in locating, detaining, transporting, and maintaining the person pending his or her deportation or repatriation; and b: in paying for travel for the person outside New Zealand. 5: The costs recoverable by the Crown may be the actual costs (determined after the deportation or repatriation has been effected), or an estimate of those costs determined by,— a: in the case of deportation costs only, an immigration officer, in which case the estimate must be noted on the deportation order along with a statement requiring those costs to be paid; or b: in the case of either deportation costs or repatriation costs, a court of competent jurisdiction, on application by the Minister or an immigration officer. 6: Where the estimated costs of deportation or repatriation are recovered from a person, if the amount recovered exceeds the actual costs of the deportation or repatriation, the excess must, on application by the person in the prescribed manner, be refunded to the person. 6A: If the person deported or repatriated is under 18 years of age and not married or in a civil union, the costs of his or her deportation or repatriation are recoverable from the person's parent or guardian. 7: Any costs recovered under this section must be paid into a Crown Bank Account. 8: Nothing in this section or in section 55 118 355 1987 No 74 s 148 Section 398(4) replaced 7 May 2015 section 101 Immigration Amendment Act 2015 Section 398(5) replaced 7 May 2015 section 101 Immigration Amendment Act 2015 Section 398(6) replaced 7 May 2015 section 101 Immigration Amendment Act 2015 Section 398(6A) inserted 7 May 2015 section 101 Immigration Amendment Act 2015 399: Immigration 1: Any regulations made under section 400 an immigration levy on applicants for a visa 2: The purpose of the levy is to fund, or contribute to the funding of,— a: the provision of programmes intended to assist the successful settlement of migrants or categories of migrants; and b: the carrying out of research into settlement issues and the impacts of immigration ; and c: the infrastructure required for, and the operation of, the immigration system, including (without limitation) for the following purposes: i: establishing and verifying the identity of persons: ii: managing risk to the integrity of the immigration system: iii: managing immigration risk to the safety and security of New Zealand: iv: managing compliance with the immigration system; and d: activities aimed at attracting migrants to New Zealand; and e: the Immigration Advisers Authority, to the extent that it is not otherwise funded. 3: Regulations made for the purposes of this section may— a: specify the categories or classes of applicants who are liable to pay the immigration levy: b: prescribe the amount or method of calculation of the levy: c: prescribe different amounts or methods of calculation of the levy in respect of different categories or classes of applicants d: provide for exemptions from or refunds of the levy, in whole or in part, in any class of case: e: provide for the manner of collection of the levy, including provision for the relevant amount of levy to be deposited with the chief executive 3A: The Minister may, by special direction,— a: exempt any person or persons from the obligation to pay all or part of the levy; or b: refund all or part of a levy paid. 4: All levy money collected under this section must be paid into a Crown Bank Account. 5: Not later than 1 October in each year, the chief executive must provide to the Minister a report setting out, in respect of the financial year ending on the preceding 30 June,— a: the amount collected through the immigration b: how the amount of the immigration 6: The Minister must present the report to the House of Representatives not later than 15 sitting days after its receipt. 7: In this subsection and subsection (8),— commencement date section 102 migrant levy relevant person a: had applied for, but had not yet been granted, a visa; and b: would have been liable to pay the migrant levy if the visa had been granted before the commencement date. 8: On and after the commencement date,— a: a relevant person is not liable to pay, in respect of an application for a visa made before the commencement date, the immigration levy imposed by regulations that apply after the commencement date; but b: if the relevant person is granted a visa on the basis of that application, he or she is liable to pay the migrant levy that would have been payable if section 102 1987 No 74 s 149B Section 399 heading amended 7 December 2015 section 102(1) Immigration Amendment Act 2015 Section 399(1) amended 7 December 2015 section 102(2) Immigration Amendment Act 2015 Section 399(2)(b) amended 7 December 2015 section 102(3) Immigration Amendment Act 2015 Section 399(2)(c) inserted 7 December 2015 section 102(4) Immigration Amendment Act 2015 Section 399(2)(d) inserted 7 December 2015 section 102(4) Immigration Amendment Act 2015 Section 399(2)(e) inserted 7 December 2015 section 102(4) Immigration Amendment Act 2015 Section 399(3)(a) replaced 7 December 2015 section 102(5) Immigration Amendment Act 2015 Section 399(3)(c) amended 7 December 2015 section 102(6) Immigration Amendment Act 2015 Section 399(3)(e) amended 7 December 2015 section 102(7) Immigration Amendment Act 2015 Section 399(3A) inserted 7 December 2015 section 102(8) Immigration Amendment Act 2015 Section 399(5)(a) amended 7 December 2015 section 102(9) Immigration Amendment Act 2015 Section 399(5)(b) amended 7 December 2015 section 102(9) Immigration Amendment Act 2015 Section 399(7) inserted 7 December 2015 section 102(10) Immigration Amendment Act 2015 Section 399(8) inserted 7 December 2015 section 102(10) Immigration Amendment Act 2015 399A: International visitor conservation and tourism levy 1: Regulations made under section 400 a: applicants for a temporary entry class visa: b: persons seeking to rely on a waiver under section 69 2: The purpose of the levy is to fund, or contribute to the funding of,— a: conservation: b: infrastructure used for tourism (including the cost of operating the infrastructure): c: other initiatives related to tourism. 3: Regulations made for the purposes of this section may— a: specify the categories or classes of person who are liable to pay the levy: b: prescribe the amount or method of calculation of the levy: c: prescribe different amounts or methods of calculation of the levy in respect of different categories or classes of person: d: provide for exemptions from, or refunds of, all or part of the levy in any class of case: e: provide for the manner of collection of the levy, including provision for the relevant amount of levy to be deposited with the chief executive. 4: The Minister may, by special direction,— a: exempt any person or persons from the obligation to pay all or part of the levy; or b: refund all or part of a levy paid. 5: All levy money collected under this section must be paid into a Crown Bank Account. Section 399A inserted 1 July 2019 section 7 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 399B: International visitor conservation and tourism levy: consultation and review 1: Before recommending the making of regulations for the purposes of section 399A 2: However, the requirement to consult persons and organisations does not apply to the first regulations made for those purposes. 3: At intervals of no more than 5 years following the commencement of section 399A Section 399B inserted 1 July 2019 section 7 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Regulations 400: Regulations generally 1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes: a: prescribing the manner of application and any procedural matters in relation to any applications for visas or other applications under this Act: ab: providing that the chief executive may require that certain applications for visas must be made electronically, in which case the chief executive must maintain a list of such requirements and the regulations must prescribe how that list is to be publicly available: b: prescribing other matters in respect of visas or expressions of interest, including matters provided for in section 401 c: prescribing requirements and procedures in respect of arrivals in and departures from New Zealand, including matters provided for in section 402 d: prescribing procedures to be followed for the purposes of Part 5 section 403 e: prescribing procedures and other matters in respect of reconsiderations, appeals, and reviews under Part 7 f: prescribing fees and charges in respect of any matters under this Act, and providing for exemptions from or refunds of any fees and charges, including matters provided for in sections 393 395 g: prescribing infringement offences against this Act in the case of carriers, or persons in charge, of craft: h: setting the infringement fees payable in respect of infringement offences, which fees— i: may differ for different infringement offences; and ii: may differ for different classes of person; and iii: in the case of a person in charge of a craft, may not exceed $2,500; and iv: in the case of a carrier of a craft, may not exceed $5,000: i: prescribing forms for the purposes of this Act, including the form of infringement notices and infringement offence reminder notices: j: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made for the purposes of this Act, and the maximum amounts of fines that may be imposed in respect of those offences (which maximum amounts may not exceed $5,000 k: providing for transitional and related matters, as provided in section 472 ka: providing requirements, which may differ from the requirements of sections 386A to 387A l: exempting classes of persons from the requirement to allow biometric information m: providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 400(1)(ab) inserted 7 May 2015 section 103(1) Immigration Amendment Act 2015 Section 400(1)(j) amended 7 May 2015 section 103(2) Immigration Amendment Act 2015 Section 400(1)(ka) inserted 7 May 2015 section 103(3) Immigration Amendment Act 2015 Section 400(1)(l) amended 7 May 2015 section 103(4) Immigration Amendment Act 2015 Section 400(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 401: Regulations relating to visas and expressions of interest Without limiting section 400 a: prescribe the situations under which a visa of a particular class and type is deemed under this Act to be granted to a person: b: prescribe who may apply for a residence class visa— i: at a place designated by the chief executive under section 383 ii: on arrival in New Zealand at an immigration control area or other prescribed place: c: classify persons to whom a transit visa waiver applies for the purposes of section 86 d: prescribe 1 or more transit periods, and different periods may be prescribed for the holders of transit visas and persons to whom a transit visa waiver applies: e: prescribe the manner in which an expression of interest must be made for the purposes of section 92(1) Section 401(d) replaced 6 November 2015 section 104 Immigration Amendment Act 2015 401A: Regulations relating to suspending ability to make applications for visas and expressions of interest 2023-05-16 Immigration Act 2009 Section 401A is repealed at the close of 15 May 2023. Section 401A repealed the close of 15 May 2023 401B: Provisions relating to regulations made for purposes of section 401A 2023-05-16 Immigration Act 2009 Section 401B is repealed at the close of 15 May 2023. Section 401B repealed the close of 15 May 2023 402: Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand Without limiting the generality of section 400 a: prescribe the information that must be obtained for the purposes of section 96(2)(a) or from b: prescribe the information that must be provided to the chief executive for the purposes of section 96(2)(b) i: a description of the location of the information prescribed for the purposes of section 102(2) ii: if applicable, the electronic address for the information referred to in subparagraph (i): c: exempt carriers, and persons in charge, of craft from any of the obligations under section 101 d: prescribe the documentation that persons en route to New Zealand must have for the purposes of section 101(1)(a) e: prescribe the documents that may be required to be produced to an immigration officer under section 101(1)(b)(i) f: prescribe the information that must be provided for the purposes of section 102(2) g: prescribe the manner and place in which, and the time within which, a person must present himself or herself on arrival in New Zealand: h: exempt persons arriving in New Zealand from any of the obligations under section 103 i: prescribe the manner of application for entry permission, including the provision of any information, documents, or other details (if any) required: j: prescribe the situations under which entry permission is deemed under this Act to be granted to a person: k: prescribe requirements as to the establishment of a person’s identity as a New Zealand citizen for the purposes of section 99 l: exempt New Zealand citizens from the requirement to allow a photograph to be taken in any class of case: m: prescribe documents that may be demanded by an immigration officer for the purposes of section 106 n: exempt carriers, and persons in charge, of craft from any of the obligations under section 118 o: prescribe classes of persons in respect of whom details must be reported for the purposes of section 118(1)(c) p: exempt persons leaving New Zealand from any of the obligations under section 119 q: prescribe the place at which a person leaving New Zealand must present himself or herself: r: prescribe the information and documentation required from persons leaving New Zealand. Section 402(a) amended 28 September 2017 section 279 Intelligence and Security Act 2017 Section 402(b) replaced 7 May 2015 section 105 Immigration Amendment Act 2015 403: Regulations in respect of refugee and protection matters 1: Without limiting the generality of section 400 a: specify the manner in which any claim, appeal, or application is to be made: b: c: provide for the availability and use of interpreters: d: provide for matters relating to communications with claimants or other persons concerned: e: specify the information that must be supplied to claimants or other persons concerned, including information concerning their rights and concerning procedures under Part 5 f: make provision for the representation of minors: g: make provision for representation generally: h: specify the circumstances in which interviews must be held and when they need not be held: i: specify the periods, or minimum or maximum periods, within which or before or after which certain things must be done or may not be done: j: specify the obligations of claimants or other persons concerned as to the provision of contact details, information, and documents: k: specify the manner in which a claim or other matter may be withdrawn: ka: specify, by reference to 1 or both of the following matters, the claims that a refugee and protection officer must not process or determine or make a decision on under sections 136 to 138 i: common circumstances or common characteristics of the claims: ii: common circumstances or common characteristics of the claimants making the claims: l: provide for any special matters relating to the handling of claims, appeals, or other matters when the claimant or other person concerned is in custody: m: specify the procedures to be followed in relation to claims, appeals, and other matters not completed before the commencement of this section. 2: No regulations may be made under section 400 a: has recommended the making of the regulations to the Governor-General; and b: before doing so, is satisfied that the regulations are necessary for 1 or both of the following reasons: i: there are problems in accessing information or assessing information that is relevant to determining or making a decision on the claims to be specified in the regulations: ii: the circumstances to which the claims to be specified in the regulations relate, or the circumstances of the claimants making those claims, are otherwise of a nature, or subject to such a degree of change or uncertainty, that determination or decision of the claims under sections 136 to 138 3: Regulations made under section 400 a: are deemed to be revoked on the date that is 6 months after their commencement or on any earlier date specified in the regulations; and b: have no continuing effect after the date on which they expire. Section 403(1)(b) repealed 7 May 2015 section 106 Immigration Amendment Act 2015 Section 403(1)(ka) inserted 19 June 2013 section 16(1) Immigration Amendment Act 2013 Section 403(2) inserted 19 June 2013 section 16(2) Immigration Amendment Act 2013 Section 403(3) inserted 19 June 2013 section 16(2) Immigration Amendment Act 2013 403A: Regulations made on recommendation of Minister 1: Regulations made under this Part may be made only on the recommendation of the Minister, except as provided in subsection (2). 2: Any regulations made under the following provisions may, if they relate to appeals or other matters in the Tribunal, be made only on the recommendation of the Minister for Courts, after consultation with the Minister: a: section 400(1)(d) b: section 400(1)(e) c: section 400(1)(f) d: section 400(1)(i) Section 403A inserted 7 May 2015 section 107 Immigration Amendment Act 2015 Modifications of Act relating to COVID-19 outbreak Heading inserted 16 May 2020 section 18 Immigration (COVID-19 Response) Amendment Act 2020 403B: Modifications of Act relating to COVID-19 outbreak 2023-05-16 Immigration Act 2009 Section 403B and Schedule 6 are repealed at the close of 15 May 2023. Section 403B repealed the close of 15 May 2023 12: Repeals, transitional provisions, saving provisions, and related matters 1: Repeals and related matters 404: Immigration Act 1987 repealed The Immigration Act 1987 OIC SR 2010/185 2010-11-29 Immigration Act 1987 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010. 405: Regulations made under Immigration Act 1987 revoked The following regulations are revoked: a: Immigration (Refugee Processing) Regulations 1999 b: Immigration Regulations 1999 c: Immigration (Special Regularisation) Regulations 2000 d: Immigration (Transit Visas) Regulations 2008 OIC SR 2010/185 2010-11-29 Immigration (Refugee Processing) Regulations 1999 Immigration Regulations 1999 Immigration (Special Regularisation) Regulations 2000 Immigration (Transit Visas) Regulations 2008 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010. 406: Consequential amendments and repeals 1: The enactments listed in Schedule 3 OIC SR 2010/185 2010-11-29 Aviation Crimes Act 1972 Births, Deaths, Marriages, and Relationships Registration Act 1995 Care of Children Act 2004 Children, Young Persons, and Their Families Act 1989 Citizenship Act 1977 Citizenship Amendment Act 2005 Citizenship (Western Samoa) Act 1982 Civil Aviation Act 1990 Corrections Act 2004 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Crimes of Torture Act 1989 Customs and Excise Act 1996 Education Act 1964 Education Act 1989 Electoral Act 1993 Electronic Transactions Act 2002 Extradition Act 1999 Fisheries Act 1996 Government Communications Security Bureau Act 2003 Habeas Corpus Act 2001 Health Act 1956 Immigration Advisers Licensing Act 2007 Income Tax Act 2007 Injury Prevention, Rehabilitation, and Compensation Act 2001 International Crimes and International Criminal Court Act 2000 International War Crimes Tribunals Act 1995 Judicature Act 1908 KiwiSaver Act 2006 Lawyers and Conveyancers Act 2006 Legal Services Act 2000 Lincoln University Act 1961 Maritime Crimes Act 1999 Maritime Security Act 2004 Massey University Act 1963 Mutual Assistance in Criminal Matters Act 1992 New Zealand Security Intelligence Service Act 1969 Official Information Act 1982 Overseas Investment Act 2005 Parole Act 2002 Passports Act 1992 Pitcairn Trials Act 2002 Privacy Act 1993 Prostitution Reform Act 2003 Ship Registration Act 1992 Social Security Act 1964 Summary Proceedings Act 1957 Tax Administration Act 1994 Trade in Endangered Species Act 1989 University of Auckland Act 1961 University of Canterbury Act 1961 University of Otago Amendment Act 1961 University of Waikato Act 1963 Victims’ Rights Act 2002 Victoria University of Wellington Act 1961 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010. 2: The regulations, rules, and orders listed in Schedule 4 OIC SR 2010/185 2010-11-29 Corrections Regulations 2005 Customs and Excise Regulations 1996 Diplomatic Privileges (EC) Order 2004 Diplomatic Privileges (International Criminal Court) Order 2004 Health Entitlement Cards Regulations 1993 Health (Quarantine) Regulations 1983 Land Transport (Driver Licensing) Rule 1999 Sale of Liquor Regulations 1990 Social Security (SuperGold Card) Regulations 2007 Social Security (Temporary Additional Support) Regulations 2005 Student Allowances Regulations 1998 United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 United Nations Sanctions (Côte d’Ivoire) Regulations 2005 United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2006 United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 United Nations Sanctions (Iran) Regulations 2007 United Nations Sanctions (Lebanon) Regulations 2008 United Nations Sanctions (Liberia) Regulations 2001 United Nations Sanctions (Sierra Leone) Regulations 1997 United Nations Sanctions (Somalia) Regulations 1992 United Nations Sanctions (Sudan) Regulations 2004 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010. 3: The following Acts are repealed: a: Air Facilitation Act 1993 b: Air Facilitation (Domestic Passengers and Cargo) Act 1994 OIC SR 2010/185 2010-11-29 Air Facilitation Act 1993 Air Facilitation (Domestic Passengers and Cargo) Act 1994 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010. 407: Immigration Act 1987 continues in relation to certain matters and for certain purposes 1: To avoid doubt, despite the repeal of the former Act by section 404 sections 17 18 19 a: provide that the repeal of the former Act does not affect certain matters; and b: continue the application of the former Act for certain purposes, subject to any provision in subpart 2 2: Accordingly, but without limiting subpart 2 section 404 a: is unlawfully in New Zealand continues to have an obligation to leave New Zealand: b: is detained under the former Act continues to be lawfully detained: c: is subject to a removal order or deportation order under the former Act continues to be subject to that order. 408: Appeals body members not entitled to compensation Nothing in this Act entitles a member of an appeals body to any compensation— a: in respect of the repeal of the former Act by section 404 b: for any fees or allowances that would otherwise be payable for the remainder of the member's term of appointment affected by the repeal. 2: Transitional and savings provisions Government immigration and residence policy 409: Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions 1: On and from the commencement of section 404 section 13A 2: On and from the commencement of section 404 section 13A 3: Subsection (2) applies regardless of whether the policy would affect eligibility for, or otherwise relate to, the issuing of a residence visa or the granting of a residence permit. 4: On and from the commencement of section 404 section 13A 5: On and from the commencement of section 404 section 13B 6: Without limiting subsections (1) to (5),— a: a reference to a visa in Government immigration policy or Government residence policy to which this section applies must be read as a reference to a visa that allows the person to travel to New Zealand; and b: a reference to a permit in Government immigration policy or Government residence policy to which this section applies must be read as a reference— i: to a visa that allows a person to stay in New Zealand; and ii: to the grant of entry permission in relation to the person. 410: Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies 1: On and from the commencement of section 404 section 13A(2) section 13BB section 24 2: Without limiting subsection (1), any relevant time periods specified in the immigration instructions must be calculated including any time that has elapsed before the commencement of section 404 General instructions of chief executive 411: General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act On and from the commencement of section 404 section 13BA a: must be treated for the purposes of this Act as general instructions given by the chief executive under section 26(4) b: continue in force according to their general tenor, subject to any necessary modifications. Existing applications, expressions of interest, and invitations 412: Existing applications for visas and permits 1: An application for a visa or a permit of a type described in the first column of the following table (the former type section 404 The following table is small in size and has 2 columns. Column 1 is headed Application under former Act. Column 2 is headed To be treated as application under this Act. Application under former Act To be treated as application under this Act Residence visa Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act) Residence permit Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act) Temporary visa Temporary visa Work permit Temporary visa that allows the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand Student permit Temporary visa that allows the holder to study in New Zealand Visitor permit Temporary visa that does not allow the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand or study unless the conditions of the permit granted under the former Act allow work or study Limited purpose visa Limited visa Limited purpose permit Limited visa Transit visa Transit visa Temporary permit to which section 27A of the former Act applied Limited visa to which section 83 Returning resident visa by person other than New Zealand citizen Variation of travel conditions of resident visa under section 51 Returning resident visa by New Zealand citizen Endorsement under section 384(4) 2: For the purposes of subsection (1), this Act applies accordingly with any necessary modifications, unless— a: expressly stated otherwise in the table; or b: any special direction directs otherwise; or c: any regulations made under section 472 section 473 413: Expressions of interest in residence under section 13D of former Act 1: An expression of interest submitted under section 13D section 404 section 92 section 412(1) 2: For the purposes of determining whether an expression of interest to which subsection (1) applies is no longer current, the period of time concerned must be calculated including any time that has elapsed before the commencement of section 404 414: Invitations to apply for residence under section 13E of former Act 1: An invitation to apply under section 13E of the former Act that was made before the commencement of section 404 section 94 section 412(1) 2: For the purposes of determining whether a residence application has been made in the stipulated time frame following the issue of an invitation to apply to which subsection (1) applies, the period of time must be calculated including any time that has elapsed before the commencement of section 404 Existing visas and permits 415: Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act 1: A person who, immediately before the commencement of section 404 first column of Schedule 5 2: In addition, a person who, immediately before the commencement of section 404 a: held a permit under the former Act (or was deemed to hold a permit under the former Act) is deemed on and from that commencement to have been granted entry permission under this Act, and this Act applies accordingly with any necessary modifications: b: held a visa (other than a transit visa) and a permit under the former Act is deemed on and from that commencement to hold under this Act a single visa (as determined under Schedule 5 3: Without limiting subsection (1) or (2),— a: the period of currency of a visa deemed to be held under this Act by this section must be calculated including any time that has elapsed before the commencement of section 404 b: the transit period for any person deemed to hold a transit visa under subsection (1) must be calculated including any time that has elapsed in which the person was in New Zealand before the commencement of section 404 4: Nothing in this section applies to a person to whom section 432 438 416: Returning resident's visa held by New Zealand citizen under former Act indication of entitlement Despite section 404 section 2(1) 417: Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa 1: A person in New Zealand who immediately before the commencement of section 404 section 11 a: hold a temporary visa under this Act— i: that is current for the period for which the exemption would have applied under section 11 of the former Act (calculated including any time that has elapsed before the commencement of section 404 of this Act); and ii: subject to conditions that allow the purpose for which the exemption applied to be pursued; and b: have been granted entry permission on the basis of the temporary visa. 2: A person in New Zealand who immediately before the commencement of section 404 section 12(2) a: hold a temporary visa under this Act for the period (calculated including any time that has elapsed before the commencement of section 404 of this Act) and subject to the conditions (if any) specified in the special direction; and b: have been granted entry permission on the basis of the temporary visa. 3: A person in New Zealand who immediately before the commencement of section 404 Part 2 4: For the purposes of this section, this Act applies accordingly with any necessary modifications. Arrivals and departures 418: Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand 1: On and from the commencement of section 404 section 125AA(1) section 96(1) 2: On and from the commencement of section 404 section 125AA(3) section 96(3) 3: On and from the commencement of section 404 section 125AA(5) section 4 419: Decision by chief executive about person boarding craft for purpose of travelling to New Zealand 1: On and from the commencement of section 404 section 125AB section 97(1) 2: On and from the commencement of section 404 section 125AB(2) section 97(2) 420: Information requirements for carrier, and person in charge, of commercial craft 1: This section applies to a person to whom section 125AA section 404 a: the chief executive made a request to the person for information under section 125AD b: the 24-hour period referred to in subsection (4) of that section had not expired. 2: The obligations under section 125AD(3) and (4) section 404 3: To avoid doubt, the chief executive may also request information from the person under section 102 section 404 421: Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand 1: This section applies in respect of a person if,— a: before the commencement of section 404 b: on arrival, the person was exempt under section 11(1)(c), (d), or (e) c: on or after the commencement of section 404 of this Act, the person is not aboard the craft when the craft is leaving New Zealand. 2: The obligations of the carrier, and the person in charge, of the craft to report to an immigration officer under section 118(1)(c) 422: Obligations of carriers of craft leaving New Zealand to provide passage 1: This section applies to a carrier of a craft if, before the commencement of section 404 a: a person,— i: not being the holder of a visa under the former Act, was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and neither was exempt under that Act from the requirement to hold a permit nor was granted a permit or pre-cleared permit on or before arrival in New Zealand; or ii: arrived in New Zealand as a member of the crew of the craft, or any other craft operated by the carrier, and, otherwise than in accordance with the former Act, remained in New Zealand after the departure of that craft; and b: the person has not left New Zealand. 2: On and from the commencement of section 404 section 118(2)(a) 3: On and from the commencement of section 404 section 118(2)(b) 423: Responsibilities of carrier, and person in charge, of craft en route to New Zealand 1: On and from the commencement of section 404 section 125(2)(c) section 101(2)(a) 2: On and from the commencement of section 404 section 125(2)(d) section 101(2)(b) 3: For the purposes of this section, if a craft arrives, or is to arrive, in New Zealand otherwise than at a place that is or contains an immigration control area because of weather conditions or other unforeseen circumstances, the prescribed time referred to in section 101(1)(c) section 404 Refugee and protection status 424: Person recognised as refugee under former Act treated as recognised as refugee under this Act On and from the commencement of section 404 Part 6A 425: Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration) 1: On and from the commencement of section 404 Part 5 2: Subsection (3) applies to a subsequent claim (within the meaning of section 129B a: made, and accepted for consideration, before the commencement of section 404 b: not determined before the date of that commencement. 3: The subsequent claim must be determined as if it were a claim accepted for consideration under Part 5 4: To avoid doubt, an appeal against a decision to decline recognition as a refugee (or a protected person) by a person to whom this section applies must be made under section 194 5: Nothing in this section applies to a subsequent claim (within the meaning of section 129B section 404 426: Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration 1: Subsection (2) applies to a subsequent claim (within the meaning of section 129B a: the claim was made before the commencement of section 404 b: no decision has been made before that commencement as to whether to consider the claim. 2: Despite section 404 section 129J a: references in that section to a refugee status officer must be read as references to a refugee and protection officer; and b: if the claim is accepted for consideration, it must be determined as if it were a claim accepted for consideration under Part 5 c: if the claim is not accepted for consideration, any appeal by the person must be made in accordance with the provisions of the former Act, but the Tribunal must consider the appeal in accordance with section 449(4) 427: Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer For the purposes of determining a claim (including a subsequent claim), or determining whether to consider a subsequent claim, to which section 425 426 a: is not required to repeat any act or thing already done by a refugee status officer in relation to the claim before the commencement of section 404 b: may rely on any act or thing done by a refugee status officer in relation to the claim before the commencement of section 404 of this Act, including any finding of fact, or decision or determination made, by the refugee status officer. 428: Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act 1: This section applies to a person if the person is not a New Zealand citizen and,— a: before the commencement of section 404 i: a refugee status officer had determined under section 129L(1)(b) section 129O(3) ii: a refugee status officer had determined under section 129L(1)(c) of the former Act that the person should be excluded from the protection of the Refugee Convention and the person did not appeal against that determination within the time set out in section 129O(3) of the former Act (calculated including any time that has elapsed before the commencement of section 404 of this Act); or iii: the Refugee Status Appeals Authority has ceased to recognise the person as a refugee or excluded the person from the protection of the Refugee Convention under section 129L(1)(f)(ii) or (iii) of the former Act; or b: after the commencement of section 404 of this Act, the person ceases to be recognised as a refugee, or his or her refugee status is cancelled, by the Tribunal in accordance with section 448(5) 2: On and from the commencement of section 404 section 162 3: Despite subsection (2), the Tribunal must not determine whether the person is currently a refugee or a protected person in terms of sections 129 131 429: Persons subject to section 129U of former Act A person who, immediately before the commencement of section 404 section 129U section 150 Turnaround, revocation of permits, removal, deportation, and monitoring 430: Person subject to section 128 or 128B of former Act 1: A person who, immediately before the commencement of section 404 section 128 128B section 115 2: Without limiting subsection (1),— a: in determining (under section 116 section 115 section 404 b: a person must be treated as if he or she were arrested and detained under Part 9 431: Deportation liability of residence class visa holder convicted of criminal offence 1: Subsection (2) applies to a person if he or she— a: was exempt from the requirement to hold a permit under Part 2 b: was outside New Zealand immediately before the commencement of section 404 c: on or after the commencement of section 404 of this Act is granted a residence class visa following a continuous period of absence from New Zealand of less than 5 years. 2: For the purposes of section 161 Part 2 432: Revocation of permits, removal orders, and deportation orders 1: Despite section 404 a: whose visa or permit has been revoked by the Minister under the former Act, whether or not notice of the revocation has been served on the person; or b: who is subject to a removal order under the former Act; or c: who is subject to a deportation order under the former Act. 2: Subsection (1) is subject to subsections (3) to (6). 3: Section 446 a: was lodged with an appeals body (other than the Refugee Status Appeals Authority) under the former Act; but b: was not determined before the commencement of section 404 4: Section 447 a: immediately before the commencement of section 404 b: the person has not yet lodged an appeal. 5: If a person to whom subsection (1)(b) or (c) applies does not lodge an appeal, or is unsuccessful on appeal, the person may be removed or deported (as the case may be) from New Zealand, and— a: the removal or deportation must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and b: the person is liable for arrest and detention under Part 9 6: For the purposes of this section, any time periods specified in the former Act must be calculated including any time that has elapsed before the commencement of section 404 433: Permit granted prior to commencement of section 404 as result of administrative error 1: Subsection (2) applies if— a: a person has been granted a permit under the former Act; and b: an immigration officer determines, whether before or after the commencement of section 404 section 19 32 c: the permit was not revoked in the arrival hall, or office of the Department, in which the error was made and discovered, before the commencement of section 404 of this Act. 2: The Minister or an immigration officer may, in his or her absolute discretion, and, instead of determining that the person is liable for deportation under section 155 a: offer the person a visa of a class and type, and subject to the conditions, that the Minister or the immigration officer considers appropriate; and b: if the person agrees, grant the visa. 3: Subsection (4) applies if— a: a person has been granted a permit under the former Act; and b: an immigration officer determines that the permit was granted as a result of an administrative error (within the meaning of section 19 32 c: the person to whom the permit was granted is, after the commencement of section 404 4: An immigration officer may, under section 67 section 415 5: In this section, arrival hall a: an arrival hall within the meaning of section 2(1) b: an immigration control area within the meaning of section 4 434: Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act 1: A person may become liable for deportation under Part 6 section 415 417 2: For the purposes of subsection (1), any time periods specified in this Act that relate to liability for deportation must be calculated including any time that has elapsed before the commencement of section 404 435: Person released on conditions under former Act 1: This section applies if, immediately before the commencement of section 404 2: The person remains subject to the relevant conditions, and the former Act continues to apply in respect of that person’s release, until— a: the person leaves New Zealand; or b: in the case of a person to whom section 128AA 3: If subsection (2)(b) applies, the person must deliver himself or herself to an immigration officer at the location stated in the order, and an immigration officer may— a: detain the person under section 312 section 313 b: agree to residence and reporting requirements under section 315 4: If subsection (2)(b) applies and the person fails to deliver himself or herself to an immigration officer as required, the person may be detained under section 312 section 313 5: To avoid doubt, an immigration officer may apply for a warrant of commitment or a further warrant of commitment under section 316 436: Person subject to residence and reporting requirements under former Act 1: Any residence and reporting requirements imposed on a person under section 98 section 404 2: If section 98(4) section 312 section 313 section 315 3: To avoid doubt, an immigration officer may apply for a warrant of commitment or further warrant of commitment under section 316 437: No deportation liability if deportation prohibited under former Act Nothing in this Act authorises the deportation of a person if the deportation of the person was prohibited under section 93 Persons subject to Part 4A of former Act 438: Person subject to Part 4A of former Act 1: Despite section 404 Part 4A section 114D 2: If the Minister directs the chief executive to act in reliance on a certificate under section 114K(1) a: the removal or deportation of the person must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and b: section 439 3: If the Minister directs the chief executive to act in reliance on a certificate under section 114K(1) a: the removal or deportation of the person must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and b: section 439 4: However, if section 114L 5: This section overrides any provision to the contrary in this Part. Detention and monitoring 439: Certain persons deemed liable for arrest and detention under Part 9 1: On and from the commencement of section 404 a: a person subject to a removal order under section 54 b: a person subject to a deportation order under section 72 73 91 92 2: Without limiting subsection (1),— a: a warrant under Part 9 i: immediately before the commencement of section 404 ii: is a person described in subsection (1): b: a warrant under Part 9 i: immediately before the commencement of section 404 of this Act is detained under warrant; and ii: is a person described in subsection (1): c: a person described in subsection (1) but not yet detained may be detained under section 312 section 313 section 316 3: This section is subject to sections 440 to 443 440: Detention of person liable for turnaround Section 117 section 115 section 404 441: Detention of person beyond 6 months Section 323 section 404 442: Detention under former Act without warrant 1: This section applies to a person who, immediately before the commencement of section 404 2: Despite section 404 section 316 443: Detention under former Act with warrant 1: This section applies to a person who, immediately before the commencement of section 404 2: Despite section 404 section 316 Reconsiderations 444: Reconsiderations not determined before former Act repealed 1: An application for the reconsideration of a decision to decline an application for a further temporary permit under section 31 section 404 2: If, after reconsideration, the Minister or an immigration officer grants a visa to the person to whom the application relates, the person must be granted the equivalent visa, and entry permission, under this Act as determined under section 412 445: Persons eligible for reconsideration before former Act repealed 1: Subsection (2) applies to a person if— a: the person was, immediately before the commencement of section 404 section 31 b: the person is lawfully in New Zealand. 2: The person may apply for reconsideration of the decision as if the application were an application for reconsideration of a decision to decline a temporary visa under section 185 Appeals and other matters in relation to appellate bodies 446: Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed 1: This section applies to any appeal— a: lodged with an appeals body under the former Act (except an appeal lodged with the Refugee Status Appeals Authority); but b: not determined before the commencement of section 404 2: Despite section 404 a: an appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and b: for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act. 3: If the appeal has already been set down for hearing by the Deportation Review Tribunal, the matter must be completed by its 3 members (and, for this purpose only, the members are deemed to be members of the Tribunal and each have all the powers and functions of a member of the Tribunal that are necessary to determine the appeal). 4: If the appeal has already been allocated to a member of an appeals body (other than the Deportation Review Tribunal), the matter must be completed by that member (and, for this purpose only, the member is deemed to be a member of the Tribunal and has all the powers and functions of a member of the Tribunal that are necessary to determine the appeal). 5: If the appeal has not been set down for hearing by the Deportation Review Tribunal or allocated to a member of an appeals body (other than the Deportation Review Tribunal), the appeal must be determined by a member of the Tribunal. 6: Subsections (3), (4), and (5) apply unless the chair of the Tribunal determines otherwise. 7: If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table: The following table is small in size and has 2 columns. Column 1 is headed Visa to be issued or permit to be granted under former Act. Column 2 is headed Visa to be granted under this Act. Visa to be issued or permit to be granted under former Act Visa to be granted under this Act Residence visa Resident visa allowing travel to New Zealand Residence permit Resident visa allowing stay in New Zealand Temporary permit Temporary visa 447: Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed 1: This section applies to any appeal by a person who,— a: immediately before the commencement of section 404 b: has not yet lodged an appeal. 2: Despite section 404 a: the person must lodge the appeal in accordance with the time frames specified for an appeal of that type under the former Act; and b: the appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and c: for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act. 3: If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table: The following table is small in size and has 2 columns. Column 1 is headed Visa to be issued or permit to be granted under former Act. Column 2 is headed Visa to be granted under this Act. Visa to be issued or permit to be granted under former Act Visa to be granted under this Act Residence visa Resident visa allowing travel to New Zealand Residence permit Resident visa allowing stay in New Zealand Temporary permit Temporary visa 448: Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed 1: Subsection (2) applies to the completion of an appeal lodged with the Refugee Status Appeals Authority under the former Act but not determined before the commencement of section 404 2: The Tribunal must determine the appeal as if it were an appeal to the Tribunal under section 194(1) 195 3: Subsection (2) applies— a: whether the person concerned is or is not a New Zealand citizen; but b: subject to subsections (7) and (8). 4: Subsection (5) applies to an application by a refugee status officer under section 129L(1)(f) section 404 5: The Tribunal must determine the application as if it were an application to the Tribunal under section 144 147 6: Subsection (5) applies— a: whether the person concerned is or is not a New Zealand citizen; but b: subject to subsections (7) and (8). 7: Subsection (8) applies if the appeal is in respect of a decision by a refugee status officer to refuse to consider a subsequent claim (within the meaning of section 129B 8: The Tribunal must determine the appeal in accordance with the relevant provisions of the former Act and, for that purpose, the Tribunal, in addition to its powers and functions under this Act, is deemed to have all the necessary powers and functions of the Refugee Status Appeals Authority. However, if the Tribunal determines that the subsequent claim should be considered, the Tribunal must then determine the matter as if it were an appeal to the Tribunal under section 194(1)(c) 9: If an appeal to which this section applies has already been allocated to a member of the Refugee Status Appeals Authority before the commencement of this section, the matter must be completed by that member and, for this purpose only, the member is deemed to be a member of the Tribunal and has all the powers and functions of a member of the Tribunal that are necessary to determine the appeal. 10: Subsection (9) applies unless the chair of the Tribunal determines otherwise. 449: Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed 1: Subsection (2) applies to a person if,— a: immediately before the commencement of section 404 b: the person exercises the right on or after the date of that commencement. 2: Despite section 404 a: lodged in accordance with the time frames specified for an appeal of that type under the former Act; but b: determined by the Tribunal as if it were an appeal to the Tribunal under section 194(1) 195 3: Subsection (2) is subject to subsection (4). 4: If the person's appeal is in respect of a decision by a refugee status officer to refuse to consider a subsequent claim (within the meaning of section 129B section 194(1)(c) 450: Appeals not determined by court before former Act repealed 1: Despite section 404 2: On completion of the appeal, the court may do 1 or more of the following things: a: reverse, confirm, or amend the decision in respect of which the appeal was brought: b: remit the matter to the Tribunal with the court's opinion together with any directions on how the appeal should be dealt with: c: make any other order in relation to the matter as it thinks fit. 3: If the effect of the court order is that the person may be removed or deported from New Zealand,— a: the removal or deportation must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and b: the person is liable for arrest and detention under Part 9 4: If the matter is remitted to the Tribunal, the Tribunal must deal with it in the same way as an appeal or matter of the same type is dealt with under this Part. 5: For the purposes of this section, any time periods specified in the former Act must be calculated including any time that has elapsed before the commencement of section 404 451: Persons eligible to appeal to court before former Act repealed 1: Subsection (2) applies if, immediately before the commencement of section 404 2: Despite section 404 a: lodged in accordance with the time frames specified for an appeal of that type under the former Act; and b: determined by the court in accordance with the relevant provisions of the former Act. 3: On completion of the appeal the court may do 1 or more of the following things: a: reverse, confirm, or amend the decision in respect of which the appeal was brought: b: remit the matter to the Tribunal with the court's opinion together with any directions on how the appeal should be dealt with: c: make any other order in relation to the matter as it thinks fit. 4: If the matter is remitted to the Tribunal, the Tribunal must deal with it in the same way as a matter of the same type is dealt with under this Part. 452: Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7 Any appeal against, or review proceedings in respect of, a decision of the Tribunal made under this subpart must be made in accordance with Part 7 453: No new appeal rights created 1: To avoid doubt, nothing in this Part allows a person who had a right of appeal under the former Act to take a further appeal under this Act in respect of the same matter, whether or not the person did in fact appeal under the former Act. 2: Subsection (1) is subject to any provision in this subpart that expressly provides otherwise. Disclosure of immigration information to other agencies, bodies, or persons 454: Arrangements under former Act for disclosure of immigration information 1: This section applies if, before the commencement of section 404 sections 141AA 141AC 141AE 141A 2: An arrangement described in subsection (1)— a: must be treated as an arrangement between the chief executive and the chief executive (or other appropriate person as the case may be) of the department of State, organisation, entity, or person made under the relevant provisions of sections 294 to 306 b: continues in force according to its general tenor, subject to any necessary modifications. Offences, evidence, and classified information 455: Offences 1: A person commits an offence against this Act under section 343(1)(d) a: imposed (or deemed to be imposed) under this Act; or b: imposed under the former Act (whether as a requirement or a condition). 2: A person commits an offence against section 344(a) a: under this Act; or b: under the former Act, if the officer could lawfully require the document or information under that Act. 456: Offences by employers 1: Subsection (2) applies if, before the commencement of section 404 a: an employer allowed a person to undertake employment in the employer’s service; and b: at the time that the person commenced employment in the employer’s service, the employer had a reasonable excuse under section 39(1B) c: the person is not entitled under this Act to undertake that employment. 2: No employer to whom subsection (1) applies is liable for an offence against section 350(1)(b) section 404 457: Evidence in proceedings In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an immigration officer and containing a statement in relation to any person to the effect of 1 or more of the matters described in section 143(1) 458: Classified information A decision may be made relying on classified information in accordance with this Act regardless of whether the application, claim, or other matter concerned arose before or after the commencement of section 404 Miscellaneous provisions 459: Children to have responsible adult to represent their interests For the purposes of this Act, any person who has been nominated as a responsible adult for a minor under section 141B section 375 460: Special directions 1: A special direction made in accordance with section 130 section 404 2: A special direction saved by subsection (1) may be revoked or amended by further special direction given under section 378 461: Delegation of powers of Minister 1: A delegation made by the Minister under section 131 section 404 2: A delegation saved by subsection (1) may be revoked by the Minister under section 380(3) 462: Immigration officers 1: On and from the commencement of section 404 section 133 section 2(1) section 388 2: On and from the commencement of section 404 section 2(1) section 388 3: A designation deemed to continue by subsection (1) or (2) may be revoked by the chief executive under section 391 4: Subsections (1) and (2) are subject to any condition imposed on the designation under the former Act. 463: Immigration officers who may make and cancel removal orders under former Act 1: Despite section 462(1) section 54 a: may continue to make removal orders under that section if the making of an order is necessary for the purposes of completing any matter to which this Part applies; and b: may continue to cancel removal orders under section 58 1A: Information privacy principle 6 set out in section 22 2: To avoid doubt, this section applies to an immigration officer only if his or her designation is current immediately before the commencement of section 404 Section 463(1A) replaced 1 December 2020 section 217 Privacy Act 2020 464: Acts or things done by immigration officer under former Act not required to be repeated For the purposes of completing any matter to which this Part applies, an immigration officer— a: is not required to repeat any act or thing already done by an immigration officer in relation to the matter before the commencement of section 404 b: may rely on any act or thing done by an immigration officer in relation to the matter before the commencement of section 404 of this Act, including any finding of fact, or decision or determination made, by an immigration officer. 465: Exercise of certain powers by customs officers 1: Despite section 2(2) sections 283 284 285 section 2(4) 2: It is sufficient compliance with section 327(1)(b) section 273 Section 465(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 466: Exercise of certain powers by Police Despite section 2(2) sections 278 283 to 287 section 2(4) 467: Refugee status officers 1: On and from the commencement of section 404 section 129E section 390 2: A designation deemed to continue by subsection (1) may be revoked by the chief executive under section 391 468: Forms On and from the commencement of section 404 section 132 section 381 469: Bonds imposed under former Act 1: On and from the commencement of section 404 section 397 2: The period during which a person must apply for a refund of the bond under section 397(3) section 404 470: Sponsorship under former Act 1: This section applies to an undertaking if— a: a person has supplied a written undertaking relating to the employment, accommodation, maintenance, or repatriation of an applicant for a visa or permit under the former Act (whether under section 28 b: the undertaking is in force immediately before the commencement of section 404 2: The undertaking must be treated as an undertaking to which section 55 3: Despite subsection (2), nothing in section 55(3)(b) 471: Files of appeals bodies As from the commencement of this section, the department of State referred to in clause 5 472: Transitional regulations 1: The Governor-General may, by Order in Council, make regulations— a: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in relation to this Part: b: providing that, subject to such conditions as may be specified in the regulations, during a specified transitional period,— i: specified provisions of this Act (including definitions) do not apply: ii: specified terms have the meaning given to them by the regulations: iii: specified provisions repealed or amended or revoked by this Act are to continue to apply: c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of the former Act to the provisions of this Act. 2: No regulations made under this section may be made, or continue in force, later than 2 years after the date on which this section commences. 473: Transitional immigration instructions Immigration instructions certified under section 22 Exercise of certain powers and functions before commencement of certain provisions of this Act 474: Exercise of certain powers and functions before commencement of certain provisions of this Act 1: Despite section 2(1) a: to appoint members, including the chair, to the Tribunal under section 219(2) and (3) b: to make regulations under sections 400 to 403 c: to make transitional regulations under section 472 2: Despite section 2(1) section 264(1) 3: Despite section 2(1) a: to certify immigration instructions under section 22(1) section 23(1) b: to certify transitional immigration instructions under section 22(1) and to classify them under section 23(1): c: to delegate his or her powers to immigration officers under section 380(1) 4: Despite section 2(1) a: to publish immigration instructions under section 25(1) b: to give general instructions under section 26(4) c: to make arrangements with the relevant persons for the disclosure or exchange of information under sections 294 to 306 d: to approve premises for the purpose of detention under section 330 e: to designate certain places as immigration control areas under section 382(1) f: to designate under section 383 g: to approve and issue forms under section 381(1) h: to designate immigration officers under section 388(1) section 389 i: to designate refugee and protection officers under section 390(1) section 33(2)(b) 5: Despite section 2(1) clause 5(2) section 381(3) 6: Despite section 2(1) section 220 7: Despite section 2(1) section 260(1)(a) 8: Despite section 2(1) section 260(1)(b) 9: Despite section 2(1) section 264(1) 10: Despite section 2(1) sections 294 to 306 11: Subsections (1) to (10) apply as if the provision under which the power or function is exercised or performed and any other provision of this Act that relates to the provision that is not in force when the power or function is exercised or performed were in force when the power or function is exercised. 12: This section does not limit section 11 13: Amendments to Immigration Act 1987 475: Principal Act amended This Part amends the Immigration Act 1987 OIC SR 2010/185 2010-08-02 Immigration Act 1987 s 477 2009-11-17 Immigration Act 1987 s 476 and 478 476: Cancellation of removal order Section 58 5: Nothing in this section gives a person a right to apply to an immigration officer for the cancellation of a removal order. However, an immigration officer must consider cancelling the removal order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations. 6: If an immigration officer does consider cancelling a removal order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise,— a: may make a decision as he or she thinks fit; and b: in doing so, is not under any obligation, whether by implication or otherwise,— i: to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 47(3); or ii: to inquire into the circumstances of, or to make any further inquiries in respect of the information provided by or in respect of, the person who is the subject of the removal order or any other person. 7: Whether or not an immigration officer considers cancelling a removal order,— a: he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and b: section 23 of the Official Information Act 1982 does not apply in respect of the decision. 8: However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record— a: a description of the international obligations; and b: the facts about the person's personal circumstances. 477: New section 141ABA inserted The following section is inserted after section 141A 141ABA: Disclosure of information to employers 1: The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service. 2: On receipt of a request from an employer, the chief executive may, for the purpose of this section, disclose the information specified in subsection (4) to the employer. 3: The chief executive must not disclose the information specified in subsection (4) unless satisfied that the request— a: has been made by an employer in New Zealand; and b: is for the purpose of enabling the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service. 4: The information that may be disclosed under this section is as follows: a: whether the person is entitled to undertake that employment in New Zealand: b: if the person is entitled to undertake that employment in New Zealand,— i: the duration of the entitlement; and ii: any conditions imposed on that entitlement. 5: Where the chief executive discloses information under this section to an employer, the employer must be informed of the requirement to comply with the Privacy Act 1993 in relation to that information. 478: Interpretation The definition of fine section 141AD d: any levy payable under the Sentencing Act 2002

DLM2044900

2009

Local Government (Auckland Council) Act 2009

1: Title This Act is the Local Government (Auckland Council) Act 2009. 2: Commencement 1: Part 2 2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) amended 15 June 2010 section 5 Local Government (Auckland Council) Amendment Act 2010 1: Preliminary provisions 3: Purpose The purpose of this Act is— a: to establish the Auckland Council as a unitary authority for Auckland; and b: to set out the matters in relation to the Council's structure and functions, duties, and powers that differ from the general provisions applying to local authorities under the Local Government Act 2002 c: to provide the Local Government Commission with the necessary functions and powers to determine certain matters in relation to the Council; and d: to establish arrangements for the management of transport and water supply and wastewater services for Auckland; and e: to require the Auckland Council to adopt a spatial plan for Auckland; and f: to establish arrangements to promote issues of significance for mana whenua groups and mataawaka for Tamaki Makaurau; and g: to set out requirements relating to substantive council-controlled organisations. Section 3 substituted 15 June 2010 section 6 Local Government (Auckland Council) Amendment Act 2010 4: Interpretation 1: In this Act, unless the context requires another meaning,— Auckland section 33(1) section 35(1) Auckland Council Council section 6 Auckland Transport section 38 Auckland water organisation a: until 1 July 2015, means Watercare Services Limited; and b: on and after 1 July 2015, means— i: the Auckland Council (except in section 61 ii: a council-controlled organisation of the Auckland Council that provides water supply or wastewater services, or both, in Auckland governing body section 8(1) local activities section 17 a: providing services; and b: providing and operating facilities; and c: providing funding and other support to groups and organisations local board section 10 local board agreement section 21 local board area section 35 local board plan section 20 Local Government Commission section 28 LTP mana whenua group a: exercises historical and continuing mana whenua in an area wholly or partly located in Auckland; and b: is 1 or more of the following in Auckland: i: a mandated iwi organisation under the Maori Fisheries Act 2004 ii: a body that has been the subject of a settlement of Treaty of Waitangi claims: iii: a body that has been confirmed by the Crown as holding a mandate for the purposes of negotiating Treaty of Waitangi claims and that is currently negotiating with the Crown over the claims mataawaka a: live in Auckland; and b: are not in a mana whenua group mayor selection body clause 2 substantive council-controlled organisation a: means a council-controlled organisation that is either wholly owned or wholly controlled by the Council and either— i: is responsible for the delivery of a significant service or activity on behalf of the Council; or ii: owns or manages assets with a value of more than $10 million; and b: includes Auckland Transport water supply and wastewater services a: includes both bulk and retail supply and services; but b: does not include— i: water supply or wastewater schemes that are independent of a water supply network or waste-water network, as the case may be, within Auckland; or ii: privately owned water supply or wastewater schemes; or iii: stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions— and water supply or wastewater services water supply services wastewater services 2: Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002 Section 4(1) Auckland Transport inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) Auckland water organisation inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) local board plan inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) LTCCP repealed 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 4(1) LTP inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 4(1) mana whenua group inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) mataawaka inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) selection body added 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) substantive council-controlled organisation added 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) water supply and wastewater services added 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 4A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 10 May 2016 section 4 Local Government (Auckland Council) Amendment Act 2016 5: Relationship between this Act and Local Government Act 2002 , Local Government Act 1974, Local Electoral Act 2001, and Land Transport Management Act 2003 If there is any inconsistency between this Act and the Local Government Act 2002 the Local Government Act 1974 Local Electoral Act 2001 Land Transport Management Act 2003 Section 5 heading amended 15 June 2010 section 8(1) Local Government (Auckland Council) Amendment Act 2010 Section 5 amended 15 June 2010 section 8(2) Local Government (Auckland Council) Amendment Act 2010 2: Auckland Council Auckland Council established as unitary authority 6: Auckland Council established 1: This section establishes a territorial authority for Auckland to be known as the Auckland Council. 2: The Auckland Council has, in relation to Auckland, the responsibilities, duties, and powers of a regional council. 3: 4: 2010-11-01 Local Government Act 2002 Part 2 of schedule 2 amended by subs (4) of this section Section 6(3) repealed 1 November 2010 section 9 Local Government (Auckland Council) Amendment Act 2010 Section 6(4) repealed 1 November 2010 section 9 Local Government (Auckland Council) Amendment Act 2010 7: Decision-making of Council shared between governing body and local boards 1: Despite section 41 a: the Auckland Council has a two-tier governance structure comprising the governing body and the local boards; and b: the decision-making responsibilities of the Auckland Council are shared between the governing body and the local boards in accordance with sections 14 to 23 2: A governance statement prepared by the Council for the purposes of section 40 Section 7(2) added 1 November 2010 section 10 Local Government (Auckland Council) Amendment Act 2010 Governing body 8: Governing body of Auckland Council 1: The governing body of the Auckland Council must comprise a mayor and 20 members elected in accordance with the Local Electoral Act 2001 2: The mayor must be elected by the electors of Auckland as a whole. 9: Mayor of Auckland 1: The role of the mayor is to— a: articulate and promote a vision for Auckland; and b: provide leadership for the purpose of achieving objectives that will contribute to that vision. 2: Without limiting subsection (1), it is the role of the mayor to— a: lead the development of Council plans (including the LTP b: ensure there is effective engagement between the Auckland Council and the people of Auckland , including those too young to vote 3: For the purposes of subsections (1) and (2), the mayor has the following powers: a: to establish processes and mechanisms for the Auckland Council to engage with the people of Auckland, whether generally or particularly (for example, the people of a cultural, ethnic, geographic, or other community of interest): b: to appoint the deputy mayor: c: to establish committees of the governing body: d: to appoint the chairperson of each committee of the governing body and, for that purpose, the mayor— i: may make the appointment before the other members of the committee are determined; and ii: may appoint himself or herself: e: to establish and maintain an appropriately staffed office of the mayor. 4: The mayor must exercise the power in subsection (3)(e)— a: in consultation with, and acting through, the Council's chief executive; and b: within the budget in the annual plan adopted for that particular expenditure (being an amount not less than 0.2% of the Council's total budgeted operating expenditure for that year). 5: The mayor must not delegate any of his or her powers under subsection (3). 6: The mayor is a member of each committee of the governing body. 7: To avoid doubt,— a: clause 17(1) (3)(b) of this section) b: clause 25 c: clause 30 Section 9(2)(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 9(2)(b) amended 1 November 2010 section 11(1) Local Government (Auckland Council) Amendment Act 2010 Section 9(7)(a) amended 1 November 2010 section 11(2) Local Government (Auckland Council) Amendment Act 2010 Local boards 10: Local boards A local board must be established for each local board area for the purposes of— a: enabling democratic decision making by, and on behalf of, communities within the local board area; and b: better enabling the purpose of local government to be given effect to within the local board area. Section 10(b) replaced 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 11: Membership of local boards 1: The initial number section 34(1)(c) 1A: The number of members for each local board may be altered in either of the following ways, but must at all times be no fewer than 5 and no more than 12 members: a: as a consequence of a review carried out by the Council under the Local Electoral Act 2001 b: as part of a local government reorganisation Local Government Act 2002 2: Members of a local board— a: must be elected in accordance with this Act and Local Electoral Act 2001 b: must elect a chairperson from among themselves using one of the systems of voting set out in clause 25(3) and (4) 3: 4: 5: 6: Section 11(1) amended 1 November 2010 section 12(1) Local Government (Auckland Council) Amendment Act 2010 Section 11(1A) inserted 1 November 2010 section 12(2) Local Government (Auckland Council) Amendment Act 2010 Section 11(1A)(a) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(1A)(b) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(1A)(b) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 11(2) substituted 1 November 2010 section 12(3) Local Government (Auckland Council) Amendment Act 2010 Section 11(2)(a) amended 10 May 2016 section 5 Local Government (Auckland Council) Amendment Act 2016 Section 11(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(4) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(5) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(6) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 11AA: Prohibition on membership of more than 1 local board No person may be a member of more than 1 local board at the same time. Section 11AA inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016 11AAB: Nominations for more than 1 local board 1: This section applies if the electoral officer has accepted a candidate’s nomination for election to a local board. 2: The electoral officer must not accept a nomination of that candidate for election to another local board unless that candidate has complied with the provisions of subsection (3). 3: The candidate must, by written notice to the electoral officer,— a: specify all local boards to which he or she is seeking election; and b: for the purposes of section 11AAC(2) rankings 4: If subsection (3) applies, the candidate must— a: submit a candidate profile statement for each local board election; and b: state in each candidate profile statement the rankings he or she had made under subsection (3). 5: The information required under subsection (4)(b) does not count for the purposes of the word limit under section 61(2)(a) 6: In this section, candidate profile statement section 61 Section 11AAB inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016 11AAC: What happens if a person is elected to more than 1 local board 1: This section applies if— a: section 11AAB(3) b: a person is declared to be elected to more than 1 local board (and remains so elected despite any recount under section 92 section 93 2: The person declared to be elected must be treated as having vacated office as a member of any local board that is ranked lower, in the notice given under section 11AAB(3) 3: Sections 88B to 88E section 88A(2) 2001 No 35 s 88A Section 11AAC inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016 11AAD: Prohibition on candidacy for local board 1: No member of a local board ( LB1 LB2 2: Subsection (1) does not apply if a general election of members of LB1 is to be held at the same time as an election of members of LB2. 2001 No 35 s 58AA Section 11AAD inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016 11A: Indemnification and liability of local board members 1: Sections 43 46 47 2: However, a member of a local board can be liable under section 46 47 Section 11A inserted 1 November 2010 section 13 Local Government (Auckland Council) Amendment Act 2010 12: Status of local boards 1: A local board is an unincorporated body. 2: A local board is not a local authority, a community board, or a committee of the governing body. 3: A local board does not have separate legal standing from the Auckland Council and therefore, without limitation, may not— a: acquire, hold, or dispose of property; or b: enter into contracts; or c: appoint, suspend, or remove employees; or d: commence, or be a party to, or be heard in legal proceedings. 4: Nothing in this section limits the responsibility of a local board to make the decisions of the Auckland Council that are allocated to it in accordance with section 16 Section 12(3) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 12(4) inserted 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 13: Functions, duties, and powers of local boards 1: A local board has the functions, duties, and powers conferred on a local board by or under this Act or any other enactment. 2: Without limiting subsection (1), a local board— a: must exercise the responsibilities conferred on it by section 16(1) b: must monitor and report on the implementation of the local board agreement for its local board area (in accordance with section 23 c: must communicate with community organisations and special interest groups within its local board area; and d: must undertake any responsibilities or duties that are delegated to it by the governing body under section 31 or Auckland Transport under section 54 e: may consider and report on any matter of interest or concern to the local board, whether or not the matter is referred to it by the governing body; and f: may exercise any powers that are delegated to it by the governing body under section 31 or Auckland Transport under section 54 Section 13(2)(d) amended 1 November 2010 section 14(1) Local Government (Auckland Council) Amendment Act 2010 Section 13(2)(f) amended 1 November 2010 section 14(2) Local Government (Auckland Council) Amendment Act 2010 13A: Local boards may be subject of reorganisation proposal Section 13A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Decision making 14: General scheme 1: This section sets out the general scheme of sections 14 to 21 2: Both 3: Section 15 Section 16 section 17 LTP 4: To determine local wishes and priorities in relation to the non-regulatory activities for which a local board is allocated responsibility, the board must consult its communities. The local board does this by preparing a local board plan under section 20 section 21 Section 14(2) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 14(3) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 15: Decision-making responsibilities of governing body 1: The governing body is responsible and democratically accountable for— a: the decision making of the Auckland Council in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the Council under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991 Health Act 1956 Building Act 2004 Civil Defence Emergency Management Act 2002 b: the decision making of the Auckland Council in relation to— i: transport networks and infrastructure; and ii: any non-regulatory activities of the Auckland Council that are allocated to the governing body in accordance with section 17 c: the decision making of the Auckland Council in relation to the establishment and maintenance of capacity to provide, or ensure the provision of, services and facilities (including local activities) by the Auckland Council; and ca: the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and cb: d: the decision making of the Auckland Council in relation to compliance with section 101 e: the agreement reached with each local board (as set out in each local board agreement) in respect of local activities for the local board areas. 2: Before making a decision described in subsection (1)(a) to (d), the governing body must— a: comply with any requirements of this Act; and b: comply with any requirements of the Local Government Act 2002 c: consider any views and preferences expressed by a local board, if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area. Section 15(1)(b) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 15(1)(ca) inserted 1 November 2010 section 16 Local Government (Auckland Council) Amendment Act 2010 Section 15(1)(cb) repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013 16: Decision-making responsibilities of local boards 1: Each local board is responsible and democratically accountable for— a: the decision making of the Auckland Council in relation to the non-regulatory activities of the Auckland Council that are allocated to the local board in accordance with section 17 b: identifying and communicating the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the Auckland Council; and c: identifying and developing bylaws specifically for its local board area, and proposing them to the governing body under section 24 d: the agreement reached with the governing body (as set out in the local board agreement) in respect of local activities for its local board area. 2: In carrying out the responsibilities described in this section, a local board must comply with the requirements of sections 76 to 82 3: In carrying out the responsibilities described in this section, a local board should collaborate and co-operate with 1 or more other local boards in the situations where the interests and preferences of communities within each local board area will be better served by doing so. Section 16(3) added 1 November 2010 section 17 Local Government (Auckland Council) Amendment Act 2010 17: Principles for allocation of decision-making responsibilities of Auckland Council 1: Decision-making responsibility for any non-regulatory activity of the Auckland Council must be allocated by the governing body— a: to either the governing body or the local boards; and b: in accordance with the principles set out in subsection (2); and c: after considering the views and preferences expressed by each local board. 2: The principles are— a: decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its local boards unless paragraph (b) applies: b: decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its governing body if the nature of the activity is such that decision making on an Auckland-wide basis will better promote the well-being of the communities across Auckland because— i: the impact of the decision will extend beyond a single local board area; or ii: effective decision making will require alignment or integration with other decisions that are the responsibility of the governing body; or iii: the benefits of a consistent or co-ordinated approach across Auckland will outweigh the benefits of reflecting the diverse needs and preferences of the communities within each local board area. Identification of local activities and allocation of funding Heading inserted 1 November 2010 section 18 Local Government (Auckland Council) Amendment Act 2010 18: Local activities must be identified in LTP Section 18 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 19: Local boards funding policy 1: To provide predictability and certainty about levels of funding for local boards, the Auckland Council must adopt a local boards funding policy as part of its long-term plan 2: The local boards funding policy must set— a: the formula by which the total funds allocated by the Council for meeting the cost of funding local activities are to be allocated to each local board; and b: the formula by which the total funds allocated by the Council for meeting the cost of funding the administrative support to local boards are to be allocated to each local board. 3: The local boards funding policy must also identify any funding (except funding dedicated to particular purposes) that may be available to local boards for local activities and the criteria or process by which it may be allocated to them. 4: The formula referred to in subsection (2)(a) must allocate funds between the local boards in a way that provides an equitable capacity for the local boards to enhance the well-being of the communities in each of their local board areas, having regard to the following factors: a: the level of dependence on local government services and facilities in each local board area (as informed by the socio-economic, population, age profile, and other demographic characteristics of each local board area); and b: the costs of achieving and maintaining the identified levels of service provision for local activities in each local board area; and c: the rates revenue and any other revenue derived from each local board area in relation to local activities; and d: any other factor identified by the Auckland Council as significantly affecting the nature and level of services needed in each local board area (for example, the geographic isolation of a particular local board area). 5: The formula referred to in subsection (2)(b) must allocate funds between the local boards in a way that provides equitable resources and support to each local board, having regard to the following factors: a: the number of elected members on each local board; and b: the size of each local board area; and c: any other factor identified by the Auckland Council as significantly affecting the operational costs of each local board; and d: the funding amount allocated to each local board under subsection (4). 6: For the purposes of adopting a funding policy under subsection (1), section 102 6A: If the Auckland Council amends its local board's funding policy under section 93(4) sections 93D(4) 94(1) 7: The Auckland Council must adopt its first policy under this section no later than the date that the LTP Section 19(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 19(6) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 19(6A) inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 19(6A) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 19(7) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 19A: Estimated local board funding allocation must be included in LTP Section 19A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Local board plans and agreements 20: Local board plans 1: Each local board must adopt a local board plan— a: no later than 31 October b: using the special consultative procedure. 2: The purpose of a local board plan is— a: to reflect the priorities and preferences of the communities within the local board area in respect of the level and nature of local activities to be provided by the Auckland Council over the next 3 years; and b: to identify and describe the interests and preferences of the people within the local board area for the purposes of enabling the local board to communicate those interests and preferences for the purposes of section 16(1)(b) c: to provide a basis for developing the local board agreement for each of the next 3 years; and d: to inform the development of the next LTP e: to provide a basis for accountability of the local board to the communities in the local board area; and f: to provide an opportunity for people to participate in decision-making processes on the nature and level of local activities to be provided by the Council within the local board area. 3: A local board plan must include— a: a statement of the default levels of service for local activities; and b: an explanation of each variation from the default levels of services proposed for the local board area, if any; and c: an estimate of the additional cost or the saving associated with each variation, if any; and d: an indicative local board budget, incorporating the estimates referred to in paragraph (c), that either— i: does not exceed the estimated funding allocation referred to in subsection (4)(b)(iii); or ii: exceeds the estimated funding allocation referred to in subsection (4)(b)(iii), but identifies how the expenses in excess of that allocation are proposed to be met from 1 or more local revenue sources. 4: For the purposes of adopting a plan under subsection (1), section 83 a: the local board were a local authority and the local board area were the district of the local authority; and b: the statement of proposal referred to in subsection (1)(a) of that section required the inclusion of— i: the information that is required by clauses 4 5 A: in relation to local activities; and B: for the following year; and ii: a description of any variation from the default iii: the estimated funding allocation for the local board for the following year included in the LTP section 19A iv: the draft local board plan. 5: In this section,— default levels of service a: funded in each local board funding allocation; and b: specified in the LTP (in accordance with clause 4 of Schedule 10 following year 6: In subsection (3)(d)(ii), local revenue source a: a targeted rate for all or part of the local board area; and b: a fee or charge relating to a local activity; and c: any other revenue connected with a local activity. Section 20(1)(a) amended 1 November 2010 section 21(1) Local Government (Auckland Council) Amendment Act 2010 Section 20(2)(d) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(3) substituted 1 November 2010 section 21(2) Local Government (Auckland Council) Amendment Act 2010 Section 20(4)(b)(i) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(4)(b)(ii) amended 1 November 2010 section 21(3) Local Government (Auckland Council) Amendment Act 2010 Section 20(4)(b)(iii) substituted 1 November 2010 section 21(4) Local Government (Auckland Council) Amendment Act 2010 Section 20(4)(b)(iii) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(5) default levels of service substituted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(5) standard levels of service repealed 1 November 2010 section 21(5) Local Government (Auckland Council) Amendment Act 2010 Section 20(6) added 1 November 2010 section 21(6) Local Government (Auckland Council) Amendment Act 2010 21: Local board agreements 1: For each financial year, the Auckland Council must have a local board agreement (as agreed between the governing body and the local board) for each local board area. 2: A local board agreement must set out how the Auckland Council will, in the year to which the agreement relates, reflect the priorities and preferences in the local board's plan in respect of— a: the local activities to be provided in the local board area: b: the responsibilities, duties, or powers delegated to the local board by the governing body under clause 36C c: the implementation or enforcement of bylaws made by the Council as a result of a proposal from the local board. 3: A local board agreement is not required to reflect the priorities and preferences in its local board plan in respect of the matters referred to in subsection (2) to the extent that 1 or more of the following apply: a: the local board determines that the priorities and preferences in the plan no longer reflect the priorities and preferences of the communities in the local board area; or b: the governing body determines that the indicative budget in the plan is, or has become, significantly inaccurate; or c: consistency with the plan would be contrary to any enactment. 4: A local board agreement must not be inconsistent with the adopted strategies, plans, policies, and objectives of the governing body. 5: For the purposes of subsection (2)(a), a local board agreement must, in respect of the local activities to be provided in the local board area in the year to which the agreement relates, include— a: a statement of the intended levels of service provision that specifies— i: any performance measures specified in a rule made under section 261B clause 2(2) ii: the performance measures that the Auckland Council considers will enable the public to assess the level of service for major aspects of an activity for which performance measures have not been specified under subparagraph (i) iii: the performance target or targets set by the Auckland Council for each performance measure; and iv: any intended changes to the level of service that was provided in the year before the year to which the agreement relates and the reasons for the change; and b: a funding impact statement in the form prescribed under the Local Government Act 2002 for inclusion in an annual plan under clause 20(2) c: a statement of how any expenses in excess of the local board's estimated funding allocation under section 19A Section 21 substituted 1 November 2010 section 22 Local Government (Auckland Council) Amendment Act 2010 Section 21(2)(b) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 21(5) substituted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 21(5)(a)(ii) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 22: Local board agreements must LTP 1: For the purposes of consulting on each local board agreement to be included in the LTP, the consultation document adopted under section 93A(1)(a) 2: For the purposes of consulting on each local board agreement to be included in an annual plan, the consultation document adopted under section 82A(3) 3: 4: Section 22 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 22 heading amended 1 November 2010 section 23(1) Local Government (Auckland Council) Amendment Act 2010 Section 22(1) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 22(2) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 22(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 22(4) repealed 1 November 2010 section 23(2) Local Government (Auckland Council) Amendment Act 2010 23: Monitoring and reporting 1: Each local board must monitor the implementation of the local board agreement for its local board area. 2: 3: Section 23(2) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 23(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Bylaws Heading repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 24: Local board may propose bylaw Section 24 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 25: Local board must consult on proposed bylaw Section 25 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 26: Local board may propose amendment to bylaw Section 26 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 27: Local board may propose revocation of bylaw Section 27 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 28: Joint bylaw proposals Section 28 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Miscellaneous matters relating to local boards and their members Heading amended 1 November 2010 section 26 Local Government (Auckland Council) Amendment Act 2010 29: Application of Schedule 7 of Local Government Act 2002 to local boards and their members 1: Part 1A 2: Part 1 clauses 15 32AA to 36A Section 29 heading amended 1 November 2010 section 27(1) Local Government (Auckland Council) Amendment Act 2010 Section 29(1) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 29(2) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 30: Code of conduct Section 30 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 31: Delegations to local boards from governing body Section 31 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 31A: Delegations by local boards Section 31A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 32: Chief executive responsible for certain matters in relation to local boards Section 32 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 32A: Powers of Minister in relation to local board Section 32A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 32B: Application of certain Acts to local boards Section 32B repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 3: Transitional arrangements Part 3 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 1: Local Government Commission Subpart 1 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 33: Local Government Commission to determine boundaries of Auckland Section 33 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 34: Local Government Commission to determine local board areas and wards Section 34 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 35: Order in Council to give effect to determinations Section 35 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 35A: Local Government (Auckland Wards and Local Boards) Determination 2010 amended Section 35A repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 2: Consequential amendments Subpart 2 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 36: Amendment to Local Government Act 2002 Section 36 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 4: Transport management for Auckland Part 4 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 37: Interpretation 1: In this Part Auckland transport system a: means— i: the roads (as defined in section 315 ii: the public transport services (as defined in section 5(1) iii: the public transport infrastructure owned by the Council; and iv: the public transport infrastructure owned by or under the control of Auckland Transport; but b: does not include— i: State highways: ii: railways under the control of New Zealand Railways Corporation: iii: off-street parking facilities under the control of the Council: iv: airfields director Director of Land Transport section 104A New Zealand Railways Corporation section 4 New Zealand Transport Agency section 93 2: In this Part, unless the context requires another meaning, land transport regional land transport plan State highway section 5(1) Section 37 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 37(1) Auckland transport system amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 37(1) Director of Land Transport inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 37(2) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 38: Establishment of Auckland Transport 1: This section establishes Auckland Transport. 2: Auckland Transport is— a: a body corporate with perpetual succession; and b: a council-controlled organisation of the Auckland Council. 3: For the purposes of the Local Government Act 2002 Section 38 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 39: Purpose of Auckland Transport The purpose of Auckland Transport is to contribute to an effective, efficient, and safe Auckland land transport system in the public interest Section 39 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 39 amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 40: Operating principles In meeting its principal objective (as a council-controlled organisation) under section 59 a: establish and maintain processes for Māori to contribute to its decision-making processes; and b: operate in a financially responsible manner and, for this purpose, prudently manage its assets and liabilities and endeavour to ensure— i: its long-term financial viability; and ii: that it acts as a successful going concern; and c: use its revenue efficiently and effectively, and in a manner that seeks value for money; and d: ensure that its revenue and expenditure are accounted for in a transparent manner; and e: ensure that it acts in a transparent manner in making decisions under this Act and the Land Transport Management Act 2003 Section 40 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 41: Status and powers of Auckland Transport 1: For the purpose of performing its functions, Auckland Transport has— a: full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and b: for the purposes of paragraph (a), full rights, powers, and privileges. 2: Subsection (1) is subject to the rest of this Act. Section 41 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 42: Auckland Transport's status as council-controlled organisation and application of Part 5 of Local Government Act 2002 1: For the purposes of section 38(2)(b) Part 5 2: Section 60 c: the provisions of Part 4 d: any rules made by the Auckland Council under section 49 3: Section 74 1A: Part 7 Schedule 2 Section 42 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Governing body of Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 43: Governing body of Auckland Transport 1: The governing body of Auckland Transport is the board of directors. 2: The board of directors comprises— a: no fewer than 6 and no more than 8 voting directors, of whom 2 may be members of the governing body of the Auckland Council; and b: 1 non-voting director nominated by the New Zealand Transport Agency (who may be a person who is the holder of an identified office or position within the New Zealand Transport Agency). 3: The board, including its chairperson and deputy chairperson, must be appointed by the Auckland Council. However, the Council must not appoint a member of its own governing body as the chairperson or deputy chairperson of the board. 4: If the director referred to in subsection (2)(b) is the holder of an identified office or position within the New Zealand Transport Agency and ceases to hold that office or position, or is absent, a person authorised by that Agency may perform the director's role for the purposes of this Act until the director's successor is appointed or while the director is absent. 5: The powers and functions of Auckland Transport are not affected by any vacancy in the membership of the board of directors. Section 43 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 44: Duties of directors 1: A director must not breach this Act or cause a breach, or agree to any breach by Auckland Transport, of this Act. 2: A director must, when acting as a director, act with honesty and integrity. 3: A director must, when acting as a director, act in good faith and not pursue his or her own interests at the expense of Auckland Transport's interests. 4: A director must, when acting as a director, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)— a: the nature of Auckland Transport; and b: the nature of the action; and c: the position of the director and the nature of the responsibilities undertaken by him or her. Section 44 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Functions, powers, etc, of Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 45: Functions of Auckland Transport The functions of Auckland Transport are to— a: prepare the regional land transport plan Land Transport Management Act 2003 b: manage and control the Auckland transport system in accordance with this Act, including by— i: performing the statutory functions and exercising the statutory powers set out in section 46 ii: acting as a requiring authority under section 167 section 47 c: carry out research and provide education and training in relation to land transport in Auckland; and d: undertake any other transport functions that the Auckland Council may lawfully direct it to perform or delegate to it (for example, management of off-street parking facilities owned by the Council); and e: without limiting paragraph (d), undertake any transport functions expressly conferred on the Auckland Council by any enactment (for example, under a local Act) that the Council may lawfully direct it to perform or delegate to it; and f: undertake or exercise any functions, powers, and duties in respect of State highways that the New Zealand Transport Agency or the Director of Land Transport g: undertake any other functions that are given to it by this Act or any other enactment, or that are incidental and related to, or consequential upon, any of its functions under this Act or any other enactment. Section 45 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 45(a) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 45(f) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 46: Functions and powers of Auckland Transport acting as local authority or other statutory body 1: Auckland Transport has the following functions and powers in relation to the Auckland transport system: a: the functions and powers of a local authority and an enforcement authority under the Land Transport Act 1998 b: c: the functions and powers of a council under Part 21 i: the power to name or alter the name of a road under section 319(j) ii: the functions and powers under sections 316(2) 319A 319B 347 to 352 d: the powers of a council under section 591 e: the functions and powers of a local authority, a territorial authority, and a controlling authority under Part 4 f: the functions and powers of an enforcement authority under the Land Transport Act 1998 i: the use of special vehicle lanes within Auckland: ii: a failure to pay a public transport service fare: g: the functions and powers of a road controlling authority and a local authority under the Land Transport Act 1998 h: the functions and powers of a local authority to make and enforce bylaws under subparts 1 2 section 147 i: the functions and powers of a public road controlling authority under Part 2 j: the functions and powers of a regional council under Part 5 2: For the purposes of subsection (1), the enactments referred to in that subsection apply with any necessary modifications. 3: For the purposes of subsection (1)(f)(i) Land Transport Act 1998 a: section 177 b: each person must be treated as an enforcement officer within the meaning of section 5(1) 4: Nothing in this section vests ownership of any road, land, or other property in Auckland Transport or affects the operation of section 316(1) 5: Subsection (1)(c) is subject to section 48 Section 46 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 46(1)(a) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 46(1)(b) repealed 26 March 2015 section 4(1) Local Government (Auckland Council) Amendment Act 2015 Section 46(1)(d) amended 26 March 2015 section 4(2) Local Government (Auckland Council) Amendment Act 2015 Section 46(1)(f) replaced 26 March 2015 section 4(3) Local Government (Auckland Council) Amendment Act 2015 Section 46(1)(i) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 46(1)(j) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 46(3) amended 26 March 2015 section 4(4) Local Government (Auckland Council) Amendment Act 2015 Section 46(3) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 47: Auckland Transport is requiring authority 1: Auckland Transport is deemed to be approved as a requiring authority, as a network utility operator, under section 167 a: constructing or operating or proposing to construct or operate roads in relation to the Auckland transport system; and b: the carrying out of an activity or a proposed activity (other than an activity described in paragraph (a)) in relation to the Auckland transport system for which it or the Auckland Council has financial responsibility. 2: For the purposes of subsection (1), Part 8 a: with any necessary modifications (and despite the fact that an activity described in subsection (1)(b) is not a network utility operation within the meaning of section 166 b: subject to subsection (3) and section 48(3) 3: If section 180(1) a: a Minister of the Crown; or b: the New Zealand Transport Agency; or c: the New Zealand Railways Corporation; or d: the Auckland Council. 4: The New Zealand Transport Agency and the New Zealand Railways Corporation are prohibited from further transferring any designation that they receive under subsection (3). 5: In subsection (2), activity section 5(1) 6: This section is subject to section 48 Section 47 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 48: Limitations on Auckland Transport acting under section 46(1)(c) or 47 1: Subsection (2) applies if Auckland Transport, acting under section 46(1)(c) section 345 2: Auckland Transport must inform the Auckland Council, in writing, of its decision, and the Council must dispose of the land in accordance with the requirements of the Local Government Act 1974 3: Subsection (4) applies if— a: Auckland Transport, acting under section 47 section 186 b: by operation of sections 185(5) and (6) 186 4: Auckland Transport must inform the Auckland Council, in writing, of its decision to apply for the compulsory acquisition of the land, or the deemed agreement, as the case may be, and any land taken or acquired as a result vests in the Auckland Council. 5: Subsection (4) prevails over sections 185 186(2) and (4) Section 48 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Auckland Council's role in transport matters Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 49: Council may make operating rules for Auckland Transport 1: The Auckland Council may make rules by which Auckland Transport must operate, including rules in relation to— a: how the governing body of Auckland Transport must operate: b: how Auckland Transport must appoint and employ staff (including its chief executive): c: how Auckland Transport must acquire and dispose of significant assets. 2: A rule made under this section must not be inconsistent with the rest of this Act or Part 5 3: Section 6(3)(d) 4: Subsections (2) and (3) are for the avoidance of doubt. Section 49 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 50: Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47 1: The Auckland Council must not perform any function or exercise any power that this Act has conferred upon Auckland Transport under section 46 2: The Auckland Council must not act as a requiring authority in relation to any matter for which Auckland Transport has requiring authority status under section 47(1) 3: Subsection (1) applies unless Auckland Transport delegates the performance of the function or the exercise of the power to the Auckland Council under section 54 4: Subsection (3) applies unless Auckland Transport transfers the designation concerned to the Council under section 47(3) 5: Nothing in this section prevents the Auckland Council from performing the functions or exercising the powers of a local authority described in section 46(1)(h) Resource Management Act 1991 6: Subsection (5) applies whether the Council is performing the function or exercising the power as the owner of a road or other land, or otherwise. Section 50 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 51: Council's powers under Public Works Act 1981 fettered for works relating to Auckland transport system 1: The Auckland Council must exercise its powers as a local authority under the Public Works Act 1981 section 48(2) or (4) 2: In any other case, the Auckland Council may exercise its powers as a local authority under the Public Works Act 1981 Section 51 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 52: Council's jurisdiction in respect of roads defined more widely than in Local Government Act 1974 1: Nothing in this Part limits or affects the Auckland Council's jurisdiction in respect of roads within the meaning of section 2(1) section 315 2: This section is for the avoidance of doubt. Section 52 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Miscellaneous provisions relating to Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 53: Validity of directors' acts The acts of a person as a director, chairperson, or deputy chairperson of Auckland Transport are valid even though— a: a defect existed in the appointment of the person; or b: the occasion for the person's acts, or for his or her appointment, had not arisen or had ended. Section 53 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 54: Delegations 1: Auckland Transport may delegate to a committee or an employee of Auckland Transport, or to the Auckland Council, any of its responsibilities, duties, functions, and powers except— a: the power to approve or adopt any policy or programme that it is required to consult on using the special consultative procedure; and ab: the power to approve or adopt a regional land transport plan or a regional public transport plan under the Land Transport Management Act 2003 b: the power to make a bylaw under any enactment referred to in section 46(1) c: the power to borrow money or purchase or dispose of any assets of Auckland Transport; and d: any duty to appoint a chief executive officer. 2: This section applies subject to any provision to the contrary in this or any other enactment. 3: Nothing in this section restricts the power of Auckland Transport to delegate to a committee or an employee of Auckland Transport, or to the Auckland Council, the power to do anything precedent to the exercise or performance by Auckland Transport (after consultation with the committee, employee, or the Council) of any power or duty specified in subsection (1). 4: A committee or an employee of Auckland Transport, or the Auckland Council, may delegate any of its or his or her responsibilities, duties, functions, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by Auckland Transport when making the original delegation. 5: A committee, a subcommittee, or an employee of Auckland Transport or the Auckland Council to which or to whom any responsibilities, duties, functions, or powers are delegated may, without confirmation by Auckland Transport, the Council, or the committee or person that made the delegation, exercise or perform them in the same way and with the same effect as if Auckland Transport itself had exercised or performed those responsibilities, duties, functions, or powers. 6: Auckland Transport may delegate to the Auckland Council, or any other organisation or person, the enforcement, inspection, licensing, and administration related to bylaws and other regulatory matters for which it is responsible. 7: To avoid doubt, no delegation relieves Auckland Transport of the liability or legal responsibility to perform or to ensure the performance of any function or duty. 8: A delegation to the Auckland Council may be made generally or specifically to the governing body or 1 or more local boards. 9: The delegation powers in this clause are in addition to any power of delegation Auckland Transport has under any other enactment. Section 54 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 54(1)(a) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 54(1)(ab) inserted 13 June 2013 section 72 Land Transport Management Amendment Act 2013 55: Restriction on borrowing Auckland Transport must not borrow any funds without the written agreement of the Auckland Council. Section 55 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 56: Auckland Transport's jurisdiction in respect of roads defined more widely than in Local Government Act 1974 1: Nothing in this Part confers jurisdiction on Auckland Transport in respect of roads within the meaning of section 2(1) section 315 2: This section is for the avoidance of doubt. Section 56 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 5: Water supply and wastewater services for Auckland Part 5 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 57: Obligations of Auckland water organisation 1: An Auckland water organisation— a: must manage its operations efficiently with a view to keeping the overall costs of water supply and waste-water services to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets; and b: must not pay any dividend or distribute any surplus in any way, directly or indirectly, to any owner or shareholder; and c: is not required to comply with section 68(b) d: must have regard for public safety (for example, the safety of children in urban areas) in relation to its structures. 2: However, subsection (1)(b) does not prevent an Auckland water organisation from making a taxable bonus issue (as defined in section YA 1 3: An Auckland water organisation does not breach its obligation under subsection (1)(a) merely by— a: giving an infrastructure endorsement under section 20 b: accepting a transfer of eligible infrastructure under section 90 c: contributing funding to the construction of eligible infrastructure that has been, or is intended to be, transferred to that organisation under that section. Section 57 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 57(3) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 58: Auckland water organisation must give effect to LTP 1: An Auckland water organisation must give effect to the relevant aspects of the LTP 2: An Auckland water organisation must act consistently with the relevant aspects of any other plan (including a local board plan) or strategy of the Council to the extent specified in writing by the governing body of the Council. 3: However, nothing in this section or section 92 section 57 Section 58 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 58 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 58(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 59: Auckland water organisation may occupy certain Crown land without charge 1: An Auckland water organisation is not required to pay rent to the Crown in relation to any land in an Auckland harbour on, over, or under which an existing wastewater asset is constructed or laid. 2: Nothing in subsection (1) affects any obligation an Auckland water organisation may have to comply with the Resource Management Act 1991 3: In this section, existing wastewater asset Section 59 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 60: Status of Auckland water organisation under Public Works Act 1981 For the purposes of the Public Works Act 1981 a: an Auckland water organisation that is not a local authority is to be treated as if it were a local authority; and b: a work authorised under this Part and undertaken by an Auckland water organisation that is not a local authority is to be treated as if it were a local work. Section 60 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Auckland water organisation may propose bylaws Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 61: Auckland water organisation may propose bylaw 1: An Auckland water organisation may propose to the governing body of the Auckland Council, in writing, that a bylaw relating to the management or supply of water supply or wastewater services be made by the Council under a specified enactment. 2: As soon as practicable after receiving a proposal under subsection (1), the governing body of the Auckland Council must decide whether the proposed bylaw meets the following requirements: a: the proposed bylaw is a bylaw relating to the management or supply of water supply or wastewater services; and b: the specified enactment under which the proposed bylaw is to be made authorises the making of the bylaw; and c: the proposed bylaw complies with the applicable statutory requirements of that enactment and any other relevant enactment; and d: the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the Council; and e: the proposed bylaw can be implemented and enforced in a cost-effective manner. 3: If the governing body of the Auckland Council decides that a proposed bylaw— a: meets the requirements of subsection (2), it must give written notice of its decision to the organisation: b: does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the organisation. Section 61 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 62: Auckland water organisation must consult on proposed bylaw 1: This section applies if an Auckland water organisation has received notice under section 61(3)(a) 2: The organisation must confirm the proposed bylaw using the special consultative procedure and, for that purpose, section 156(1) 3: If, after acting under subsection (2), the organisation confirms the proposed bylaw, it must give written notice of its decision to the governing body of the Auckland Council and the governing body must adopt the bylaw by resolution. 4: If, after acting under subsection (2), the organisation modifies the proposed bylaw, it must give written notice of its decision to the governing body of the Auckland Council and the governing body must,— a: if satisfied that the proposed bylaw meets the requirements of section 61(2) b: if not satisfied that the proposed bylaw meets the requirements of section 61(2) 5: Where the Auckland Council adopts under subsection (3) or (4)(a) a bylaw that is made under the Local Government Act 2002 sections 86 155 156 Section 62 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Powers of Auckland water organisation Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 63: Powers of Auckland water organisation under Local Government Act 1974 An Auckland water organisation that is not a local authority has the powers of a council under the following sections of the Local Government Act 1974 a: section 451 b: section 459 c: section 460 d: section 461 e: section 462 f: section 467 g: section 468 Section 63 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 64: Powers of Auckland water organisation under Local Government Act 2002 An Auckland water organisation that is not a local authority has the powers of a local authority under the following sections of the Local Government Act 2002 a: section 171 b: section 172 c: section 173 d: section 181 e: section 182 f: section 186 Section 64 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 65: Construction of works on roads and public land by Auckland water organisation 1: For the purposes of providing water supply or wastewater services in Auckland, an Auckland water organisation may— a: construct, place, and maintain water supply and wastewater infrastructure in, on, along, over, across, or under any road or public land; and b: for the purposes of any work carried out under paragraph (a), open or break up any road or public land; and c: alter, repair, or remove that infrastructure or any part of that infrastructure. 2: However, an Auckland water organisation must exercise the powers under subsection (1) in accordance with any reasonable conditions that the person who has jurisdiction over the road or land imposes. Section 65 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 66: Notice requirement 1: Except as provided in section 69 2: Every notice must specify the location of the proposed work, the nature of the work to be carried out, and the reasons for it. Section 66 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 67: Auckland water organisation to be notified of conditions Not later than 20 working days after receiving written notice of the intention to carry out work, the person who has jurisdiction over the road or land must notify the Auckland water organisation in writing of any conditions imposed under section 65(2) Section 67 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 68: Failure to notify conditions If the person who has jurisdiction over the road or land fails to notify the Auckland water organisation of any conditions imposed under section 65(2) section 67 Section 68 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 69: Urgency If work is urgent and necessary because of any defective equipment or other emergency, an Auckland water organisation— a: is excused from giving notice under section 66(1) b: must give the information required by section 66(2) Section 69 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 70: Appeals by Auckland water organisation to District Court 1: An Auckland water organisation may appeal to the District Court section 65(2) 2: An appeal must be made not later than 45 working days after the date of notification of the conditions imposed or within any further time that the District Court may allow. 3: In its determination of any appeal, the District Court 4: The decision of the District Court Section 70 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 70(1) amended 1 March 2017 section 261 District Court Act 2016 Section 70(3) amended 1 March 2017 section 261 District Court Act 2016 Section 70(4) amended 1 March 2017 section 261 District Court Act 2016 71: Council to appoint enforcement officers 1: The Council must appoint persons to be enforcement officers under section 177 2: Before determining the number of persons to appoint as enforcement officers under that section, the Council must consult each Auckland water organisation that is not a local authority to ensure that sufficient officers are appointed to enable those organisations to perform their functions under this Act. Section 71 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Nuisances created by Auckland water organisation Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 72: Abatement of nuisances created by Auckland water organisation 1: Where any nuisance within the meaning of section 29 a: require the organisation to abate the nuisance; and b: specify the works to be done by the organisation in order to abate the nuisance and the time within which they must be done. 2: If the organisation considers the requirements specified in the notice to be unreasonable, impracticable, or unnecessary, it may, within 3 days after service of the notice on it, apply to the District Court for an order setting aside or modifying the notice. Pending the hearing of the application, the notice must be treated as suspended. 3: On the hearing of the application, the court, whose decision is final, must determine whether the notice should or should not be set aside or modified and, if the notice is not set aside, the time within which the organisation must comply with the notice or, as the case may be, with the modified notice. 4: If the organisation, within the time specified in the notice or, in the case of an application to the court, in the order of the court, fails to comply with the notice or order, the Medical Officer of Health under the Health Act 1956 5: All expenses reasonably incurred by the Medical Officer of Health in the abatement of a nuisance under subsection (4) are recoverable from the organisation as a debt due to the Crown. Section 72 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Rating of land and assets owned by Auckland water organisation Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 73: Rating of land and assets owned by Auckland water organisation 1: Subsection (2) applies to land owned by an Auckland water organisation and used for the purposes of providing water supply or wastewater services within Auckland. 2: The total amount of any rates assessed under section 13 16 3: For the purposes of the Local Government (Rating) Act 2002 Section 73 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Offences and liability for damage Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 74: Offence not to comply with any of sections 65, 66, and 69 1: An Auckland water organisation that fails to comply with any of sections 65 66 69 2: An Auckland water organisation that commits an offence against subsection (1) is liable on 3: In addition to any penalty imposed under subsection (2), a court may make any order relating to compensation that it thinks fit. Section 74 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 74(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 75: Offences relating to carrying out work on water supply or wastewater assets of Auckland water organisation without notice 1: Every person commits an offence and is liable on a: notifying the organisation of the intention to carry out the work; and b: obtaining written authorisation from the organisation (which may include terms or conditions that the organisation thinks fit). 2: It is not an offence under subsection (1) if the work concerned— a: is authorised by a valid consent granted by or under— i: the Building Act 2004 ii: the Resource Management Act 1991 b: is carried out in accordance with a valid building, plumbing, or drainage consent. 3: It is a defence to an offence under subsection (1) if the work concerned— a: was necessary to avoid an emergency, or to mitigate or remedy the effects of an emergency; and b: was carried out by a person appropriately registered to undertake the work. 4: A person who commits an offence under this section may, in addition to or instead of the penalty for the offence, be ordered to pay the cost incurred by the Auckland water organisation in repairing the damage done to the water supply or wastewater asset by the offence. Section 75 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 75(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 76: Offences relating to damage to water supply or wastewater assets of Auckland water organisation 1: This section applies in relation to the following works or property that are vested in, or under the control of, an Auckland water organisation that is not a local authority: a: a protective work; or b: a water supply or wastewater work; or c: a water race; or d: a drainage work; or e: anything forming part of, or connected with, any water supply or wastewater work or property not referred to in paragraphs (a) to (d). 2: Every person commits an offence who wilfully destroys, damages, stops, obstructs, or interferes with a work or property and is liable on conviction 3: Every person commits an offence who negligently destroys, damages, stops, obstructs, or interferes with a work or property and is liable on Section 76 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 76(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 76(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 77: Liability for damage by wilful or negligent behaviour towards water supply or wastewater work A person who wilfully or negligently destroys, damages, stops, obstructs, or otherwise interferes with any water supply or wastewater works or property owned, constructed, acquired, or used by an Auckland water organisation that is not a local authority is liable for, as the case may be,— a: the amount of the destruction or damage; or b: the cost incurred by the organisation in removing the stoppage or obstruction; or c: any loss or expenses incurred by the organisation because of the stoppage, obstruction, or interference. Section 77 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Council must consult other Auckland water organisations when assessing water and other sanitary services Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 78: Council must consult other Auckland water organisations when assessing water and other sanitary services 1: Subsection (2) applies to the Council when carrying out its duty under section 125 2: The Council Section 78 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 78(2) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 6: Spatial planning for Auckland Part 6 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 79: Spatial plan for Auckland 1: The Auckland Council must prepare and adopt a spatial plan for Auckland. 2: The purpose of the spatial plan is to contribute to Auckland's social, economic, environmental, and cultural well-being through a comprehensive and effective long-term (20- to 30-year) strategy for Auckland's growth and development. 3: For the purposes of subsection (2), the spatial plan will— a: set a strategic direction for Auckland and its communities that integrates social, economic, environmental, and cultural objectives; and b: outline a high-level development strategy that will achieve that direction and those objectives; and c: enable coherent and co-ordinated decision making by the Auckland Council (as the spatial planning agency) and other parties to determine the future location and timing of critical infrastructure, services, and investment within Auckland in accordance with the strategy; and d: provide a basis for aligning the implementation plans, regulatory plans, and funding programmes of the Auckland Council. 4: The spatial plan must— a: recognise and describe Auckland's role in New Zealand; and b: visually illustrate how Auckland may develop in the future, including how growth may be sequenced and how infrastructure may be provided; and c: provide an evidential base to support decision making for Auckland, including evidence of trends, opportunities, and constraints within Auckland; and d: identify the existing and future location and mix of— i: residential, business, rural production, and industrial activities within specific geographic areas within Auckland; and ii: critical infrastructure, services, and investment within Auckland (including, for example, services relating to cultural and social infrastructure, transport, open space, water supply, wastewater, and stormwater, and services managed by network utility operators); and e: identify nationally and regionally significant— i: recreational areas and open-space areas within Auckland; and ii: ecological areas within Auckland that should be protected from development; and iii: environmental constraints on development within Auckland (for example, flood-prone or unstable land); and iv: landscapes, areas of historic heritage value, and natural features within Auckland; and f: identify policies, priorities, land allocations, and programmes and investments to implement the strategic direction and specify how resources will be provided to implement the strategic direction. Section 79 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 80: Development, adoption, and implementation of spatial plan 1: The Auckland Council must involve central government, infrastructure providers (including network utility operators), the communities of Auckland, the private sector, the rural sector, and other parties (as appropriate) throughout the preparation and development of the spatial plan. 2: The Auckland Council must adopt the spatial plan in accordance with the special consultative procedure. 3: The Auckland Council may amend the spatial plan, at any time, in accordance with subsections (1) and (2). 4: The Auckland Council must— a: make the spatial plan (including any amendments) available for inspection during working hours, free of charge, at— i: the office of the Auckland Council; and ii: any other places in Auckland that the Auckland Council, at its discretion, decides are appropriate; and b: make copies of the plan available, free of charge or for purchase at a reasonable price, from— i: the office of the Auckland Council; and ii: any other places in Auckland that the Auckland Council, at its discretion, decides are appropriate; and c: make copies of the plan available, free of charge, on an Internet site maintained by or on behalf of the Auckland Council. 5: The Auckland Council must endeavour to secure and maintain the support and co-operation of central government, infrastructure providers (including network utility operators), the communities of Auckland, the private sector, the rural sector, and other parties (as appropriate) in the implementation of the spatial plan. Section 80 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 7: Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau Part 7 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 81: Establishment and purpose of board This Part establishes a board whose purpose is to assist the Auckland Council to make decisions, perform functions, and exercise powers by— a: promoting cultural, economic, environmental, and social issues of significance for— i: mana whenua groups; and ii: mataawaka of Tamaki Makaurau; and b: ensuring that the Council acts in accordance with statutory provisions referring to the Treaty of Waitangi Section 81 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 82: Board independent 1: The board is a body corporate separate from— a: the Auckland Council; and b: the board's members; and c: the selection body; and d: the mana whenua groups represented on the selection body. 2: The board is independent of— a: the Auckland Council; and b: the mana whenua groups represented on the selection body. 3: The board is not required to accept direction from any person. 4: When members of the board are acting as members of the board, they must act in the interest of achieving the board's purpose and must not act in any other interest. Section 82 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 83: Board's name 1: The board may choose to name itself. 2: If the board names itself, it may change its name at any time. 3: If the board names itself, or changes its name, it must tell the Minister of Māori Affairs and the Auckland Council the name or the new name as soon as practicable. Section 83 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 84: Board's general functions 1: The board's general functions are— a: to act in accordance with its purpose and functions and to ensure that it does not contravene the purpose for which it was established: b: to develop a schedule of issues of significance to mana whenua groups and mataawaka of Tamaki Makaurau, and give a priority to each issue, to guide the board in carrying out its purpose: c: to keep the schedule up to date: d: to advise the Auckland Council on matters affecting mana whenua groups and mataawaka of Tamaki Makaurau: e: to work with the Auckland Council on the design and execution of documents and processes to implement the Council's statutory responsibilities towards mana whenua groups and mataawaka of Tamaki Makaurau. 2: The board and the Council must meet at least 4 times in each financial year to discuss the board's performance of its functions. Section 84 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 85: Board's specific functions 1: The board must appoint a maximum of 2 persons to sit as members on each of the Auckland Council's committees that deal with the management and stewardship of natural and physical resources. 2: If the Auckland Council asks the board to appoint a person or persons to sit as members on any other of the Council's committees, the board may do so. 3: The board must,— a: before making the appointments, seek the views of the Auckland Council as to the skills and experience that the Council would like the appointees to have; and b: when making the appointments, take the views of the Auckland Council into account. 4: The board must consider a request by the Auckland Council that the board accept the delegation of a function by the Council. 5: The board must act in accordance with a delegation that it has accepted. Section 85 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 86: Board's powers 1: The board may consult any person who the board considers is likely to help the board in carrying out its purpose. 2: The board may establish the committees it considers necessary to enable it to carry out its purpose. 3: The board may seek the advice it requires to enable it to carry out its purpose. 4: The board has any other powers that it needs to carry out its purpose and that are consistent with this Part. Section 86 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 87: Auckland Council information provided to board 1: The board may not exercise its powers in section 86 a: is known to the board because the Auckland Council provided it to the board; and b: is information that the Auckland Council would consider withholding under the Local Government Official Information and Meetings Act 1987 Privacy Act 2020 2: When the board is deciding whether subsection (1)(b) applies to information that the Council provided to the board, it must make its decision on reasonable grounds. 3: When the Auckland Council decides that subsection (1)(b) applies to information that the Council provided to the board, it must tell the board of its decision and the reasons for its decision. Section 87 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 87(1)(b) amended 1 December 2020 section 217 Privacy Act 2020 88: Auckland Council's duties to board 1: The Auckland Council must— a: provide the board with the information that the board needs to identify business of the Council that relates to the board's purpose: b: consult the board on matters affecting mana whenua groups and mataawaka of Tamaki Makaurau: c: take into account the board's advice on ensuring that the input of mana whenua groups and mataawaka of Tamaki Makaurau is reflected in the Council's strategies, policies, and plans: d: take into account the board's advice on other matters: e: make an agreement under clause 20 f: work with the board on the design and execution of documents and processes that relate to seeking the input of mana whenua groups and mataawaka of Tamaki Makaurau. 2: The Council's duties under this section do not relieve it of any duties it has under any other enactment to consult Māori. 3: The Council and the board must meet at least 4 times in each financial year to discuss the Council's performance of its duties. Section 88 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 89: Schedule 2 applies to board Schedule 2 Section 89 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 8: Miscellaneous Part 8 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Substantive council-controlled organisations Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 90: Council must have accountability policy for substantive council-controlled organisations 1: The Council must adopt (using the special consultative procedure) a policy on the accountability of its substantive council-controlled organisations. 2: The policy must— a: include a statement of the Council's expectations in respect of each substantive council-controlled organisation's contributions to, and alignment with, the Council's objectives and priorities: b: include a statement of the Council's expectations in respect of each substantive council-controlled organisation's contributions to, and alignment with, any relevant objectives and priorities of central government: c: specify any reporting requirements that each substantive council-controlled organisation must undertake in addition to those required under Part 5 d: specify any planning requirements that each substantive council-controlled organisation must undertake in addition to those required under Part 5 e: identify or define any strategic assets in relation to each substantive council-controlled organisation and set out any requirements in relation to the organisation's management of those assets, including the process by which the organisation may approve major transactions in relation to them. 3: A policy under this section— a: may be adopted by the Council as part of its LTP b: must be included in the Council's LTP c: may be amended only as an amendment to the LTP Section 90 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 90(3)(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 90(3)(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 90(3)(c) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 91: Council may impose additional accountability requirements on substantive council-controlled organisations 1: The Council may require a substantive council-controlled organisation to— a: include in its statement of intent a narrative on how the organisation will contribute to the Council's and, where appropriate, the Government's objectives and priorities for Auckland: b: deliver, no later than 1 month after the end of the first and third quarter of each financial year, a report on the organisation's operations during each quarter that includes the information required to be included by its statement of intent: c: prepare and adopt a plan covering a period of at least 10 years that describes how the organisation intends to— i: manage, maintain, and invest in its assets; and ii: maintain or improve service levels; and iii: respond to population growth and other changing environmental factors; and iv: give effect to the Council's strategy, plans, and priorities: d: comply with any specified requirements for the management of the assets of the organisation identified by the Council as strategic assets and processes for the approval of major transactions in relation to them. 2: The Council may not require Auckland Transport to prepare and adopt a plan under subsection (1)(c). 3: This section does not limit or affect the application of Part 5 Section 91 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 92: Substantive council-controlled organisations must give effect to LTP 1: Each substantive council-controlled organisation must give effect to the relevant aspects of the LTP 2: Each substantive council-controlled organisation must act consistently with the relevant aspects of any other plan (including a local board plan) or strategy of the Council to the extent specified in writing by the governing body of the Council. Section 92 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 92 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 92(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 93: Councillors and local board members prohibited from appointment as directors of substantive council-controlled organisations 1: The Council must not appoint a person to be a director of a substantive council-controlled organisation if the person is, at the time of the appointment,— a: a member of the governing body of the Council; or b: a member of a local board. 2: Section 43(2)(a) Section 93 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 94: Director of substantive council-controlled organisation elected to Council or local board must resign before taking up position A director of a substantive council-controlled organisation who is elected to be a member of the governing body of the Council or a local board must resign from his or her position as a director of the council-controlled organisation before taking up his or her position as a member of the governing body of the Council or the local board. Section 94 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 95: Council may appoint chairperson and deputy chairperson of substantive council-controlled organisation 1: The Council may appoint the chairperson and deputy chairperson of each substantive council-controlled organisation. 2: However, the Council must not appoint a member of its governing body as the chairperson or deputy chairperson of Auckland Transport. 3: This section prevails over any provision to the contrary in an organisation's constitution. Section 95 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Council-controlled organisations must hold specified meetings in public Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 96: Council-controlled organisations must hold specified meetings in public 1: The board of each council-controlled organisation of the Auckland Council must nominate, in its statement of intent for each financial year, 2 of its meetings during that year to be open to members of the public. 2: For the purpose of subsection (1),— a: 1 meeting must be held before 30 June each year for the purpose of considering comments from shareholders on the organisation's draft statement of intent for the following financial year; and b: the other meeting must be held after 1 July each year for the purpose of considering the organisation's performance under its statement of intent in the previous financial year. 3: The statement of intent must also specify how the meetings will be publicly notified (for example, by notice in 1 or more newspapers). 4: In respect of each meeting held in accordance with this section, the board must allocate a reasonable amount of time for members of the public attending the meeting to address the board in relation to the subject matter of the meeting. 5: Meetings held pursuant to this section shall be subject to the rules and requirements that normally apply to the meetings of the board of the council-controlled organisation (including, for example, under its constitution), provided that this section prevails in the event of any conflict between this section and the rules and requirements that normally apply to meetings of the board. Section 96 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 96A: Timing of public meeting for shareholder feedback on 2023/2024 statement of intent 1: The meeting otherwise required to be held under section 96(2)(a) 2: This section is repealed on the close of 30 September 2023. 2023-10-01 Local Government (Auckland Council) Act 2009 see s 96A(2) Section 96A inserted 13 April 2023 section 29 Severe Weather Emergency Recovery Legislation Act 2023 Disputes between local boards and governing body Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 97: Disputes about allocation of decision-making responsibilities or proposed bylaws 1: Subsection (2) applies if— a: 1 or more local boards are dissatisfied with a decision of the governing body under section 17(1) b: a local board is dissatisfied with a decision of the governing body under section 24(3)(b) 27(3)(b) 2: The local board or boards concerned and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to— a: the requirements of this Act; and b: the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area. 3: If, after acting under subsection (2), the dispute is still unresolved, the local board or boards may apply, in writing, to the Local Government Commission for a binding determination on the matter. 4: An application must be accompanied by copies of all reports, correspondence, and other information held by the local board or boards that are relevant to the matter. Section 97 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 98: Local Government Commission to determine disputes 1: Promptly after receiving an application under section 97(3) 2: After receiving the information from the mayor and the chief executive, the Commission must— a: consider the information it has received from them, and from the local board or boards concerned under section 97(4) b: determine the matter, having regard to— i: the requirements of this Act; and ii: the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area; and iii: any other matter that the Commission considers on reasonable grounds to be relevant. 3: For the purposes of making a determination, the Commission— a: must treat the matter as urgent; and b: may make any inquiries that it considers appropriate; and c: may (but is not obliged to) hold meetings with the local board or boards, the governing body, or any other person. 4: The Commission may apportion the actual and reasonable costs incurred by it in making a determination between the local board or boards and the governing body as it thinks fit, having regard to the merits of the initial positions of the board or boards and the governing body. 5: Any costs apportioned to a local board under subsection (4) must be paid from the local board's budget. 6: Subsection (7) applies if— a: the Commission is required to determine a matter that relates to the content of an adopted LTP b: the Commission determines that the LTP 7: The Council must amend the LTP Section 98 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 98(6)(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 98(6)(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 98(7) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 99: Local Government Commission may delegate duty to determine dispute 1: The Local Government Commission may, in writing, either generally or in a specific instance, delegate its function under section 98 2: A committee or member to whom a function is delegated under this section may carry out the function in the same manner and with the same effect as if the function had been conferred directly by this Act and not by delegation. 3: Subsection (2) applies subject to any direction given or condition imposed by the Commission. Section 99 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Development contributions Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 100: Development contributions for transport infrastructure 1: The Council may include in a policy under section 106 2: Subsection (1) applies only if the capital expenditure is capital expenditure that could be funded by development contributions if it were incurred by the Council itself. 3: The Council may include the requirement as if— a: the total cost of the contribution provided by the Council were the total cost of the capital expenditure; and b: the capital expenditure were to be undertaken by the Council. 4: Subpart 5 5: This section applies despite anything to the contrary in the Local Government Act 2002 Section 100 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 101: Development contributions for assets managed by other parties 1: The powers of the Council to require development contributions under subpart 5 a: reserves: b: network infrastructure: c: community infrastructure. 2: This section is for the avoidance of doubt. Section 101 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Prohibition on establishment of community boards Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 102: Prohibition on establishment of community boards Despite section 49 Section 102 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Review of representation arrangements Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 103: Review of representation arrangements under Local Electoral Act 2001 1: For the purposes of section 19H(2) a: its first determination no earlier than after the completion of the 2013 triennial general elections but no later than 8 September 2018; and b: subsequent determinations at least once in every period of 6 years after that first determination. 2: 3: Section 103 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 103(2) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 103(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Auditor-General to review Council's service performance Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 104: Auditor-General to review Council's service performance 1: The Auditor-General must, from time to time, review the service performance of the Council and each of its council-controlled organisations. 2: Part 4 3: The Auditor-General may charge the Council for undertaking a review under this section and, for that purpose, section 42(2) to (5) 4: Nothing in this section limits or affects the powers of the Auditor-General under the Public Audit Act 2001 Section 104 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Council employee elected to local board must resign before taking up position Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 105: Council employee elected to local board must resign before taking up position An employee of the Council who is elected to be a member of a local board must resign from his or her position as an employee of the Council before taking up his or her position as a member of the local board. Section 105 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Representation on port company board Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 106: Representation on port company board For the purposes of section 6(1)(b) Section 106 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Borrowing in foreign currency Heading added 20 September 2011 section 4 Local Government (Auckland Council) Amendment Act 2011 107: Borrowing in foreign currency Despite section 113 Section 107 added 20 September 2011 section 4 Local Government (Auckland Council) Amendment Act 2011

DLM1827100

2009

Securities (Disclosure) Amendment Act 2009

1: Title This Act is the Securities (Disclosure) Amendment Act 2009. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act Securities Act 1978 2009-07-28 Securities Act 1978 4: Interpretation Section 2(1) delayed allotment order section 44A(2) or (3) disclosure obligation a: the requirements of the continuous disclosure provisions as defined in section 19D of the Securities Markets Act 1988; and b: any obligation that— i: requires ongoing disclosure of information to the public or to a person who has a role in monitoring the person who disclosed the information; and ii: is imposed by an enactment; and iii: is specified in the regulations offered in a simplified disclosure prospectus a: by or on behalf of an issuer; and b: in, or accompanied by, a simplified disclosure prospectus prohibition order section 44AE(1) simplified disclosure prospectus a: the issuer is subject to a disclosure obligation; and b: the regulations provide for the use of a simplified disclosure prospectus by a person who is subject to that type of disclosure obligation . 5: Construction of references to offering securities to the public 1: Section 3(2)(a) iib: persons who have each previously paid a minimum subscription price of at least $500,000 for securities (the initial securities A: the offer of the securities is made by the issuer of the initial securities; and B: the offer of the securities is made within 18 months of the date of the first allotment of the initial securities: . 2: Section 3(8) or (iib) subsection (2)(a)(iia) 3: Section 3(9) or (iib) 6: New section 3A inserted The following section is inserted after section 3 3A: Status of examples 1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions. 2: If an example and a provision to which it relates are inconsistent, the provision prevails. 7: Exemptions from this Act 1: Section 5(1)(d) 1952): 1952); or 2: Section 5(2CA)(a)(ii) or, if the securities are to be offered in a simplified disclosure prospectus, a copy of that prospectus investment statement 3: Section 5(2CB)(a) in New Zealand the only persons 4: Section 5 2CBA: Nothing in Part 2 (except sections 38B and 58) or the regulations applies in respect of a security if— a: the only persons in New Zealand who are able, under the terms of the offer of the security, to subscribe for the security are— i: eligible persons; and ii: persons who fall within 1 or more of the categories set out in subparagraphs (i) to (iii) of section 3(2)(a); and b: the subscriber is either— i: an eligible person; or ii: a person who falls within 1 or more of the categories set out in subparagraphs (i) to (iii) of section 3(2)(a). 5: Section 5(2CC) subsection (2CB) subsections (2CB) and (2CBA) 6: Section 5(2CD) 6 months 12 months 7: Section 5 2CDA: To avoid doubt, for the purposes of subsections (2CC)(a) and (2CD), person a: the trustees of a trust acting jointly in their capacity as trustees of that trust; and b: the sole trustee of a trust acting in his, her, or its capacity as trustee of that trust. 8: Section 5(2CE) c: the person to whom the offer is made signs a written acknowledgment, before the security is allotted to the person, that— i: the financial service provider has given the person neither an investment statement nor a registered prospectus relating to the security; and ii: the person understands that he, she, or it will not receive information usually provided by an issuer in respect of an offer of securities to the public including (in particular) an investment statement and a registered prospectus. 8: Restrictions on distribution of prospectuses Section 34 3: However, subsection (2)(a) does not apply to a simplified disclosure prospectus. 9: Void irregular allotments Section 37 1A: No allotment of a security that is offered in a simplified disclosure prospectus may be made— a: by a person who is subject to a prohibition order while that order is in force; or b: in contravention of section 44AD(1) 10: Consent for purposes of section 37AC(1)(c) or (d) 1: Section 37AD(1)(b) vii: if the security is offered in a simplified disclosure prospectus, a copy of that simplified disclosure prospectus. 2: Section 37AD 1A: However, subsection (1)(b)(iv) and (v) do not apply to securities that are offered in a simplified disclosure prospectus. 11: Voidable irregular allotments 1: Section 37A(1) ab: in the case of a security that is offered in a simplified disclosure prospectus,— i: the subscriber did not receive, before subscribing for the security, a copy of— A: that simplified disclosure prospectus; and B: every memorandum of amendments to that prospectus that is registered by the Registrar under section 43 before the time of allotment; or ii: the Commission made a delayed allotment order in relation to that simplified disclosure prospectus and the subscriber subscribed for the security before the delayed allotment order was made; or . 2: Section 37A 1AA: However, subsection (1)(a) does not apply to securities that are offered in a simplified disclosure prospectus. 3: Section 37A(3) shall (whether or not the issuer is being in liquidation) be is (whether or not the issuer is in liquidation) 12: New heading and sections 44A to 44AG inserted The following heading and sections are inserted after section 44 Delayed allotment orders and prohibition orders concerning simplified disclosure prospectuses 44A: Commission may make delayed allotment orders 1: This section applies if the Commission is of the opinion that the issuer of a security that is offered in a simplified disclosure prospectus— a: has disclosed information in the prospectus that has not previously been publicly disclosed under the issuer's disclosure obligations, and that information is adverse to the issuer or the scheme and is material to the offer of the security; or b: has disclosed information under the issuer's disclosure obligations between the date of the prospectus and the allotment date, and that information is adverse to the issuer or the scheme and is material to the offer of the security; or c: has failed to comply with the issuer's disclosure obligations at any time during the previous 12 months. 2: If either subsection (1)(a) or (b) 3: If subsection (1)(c) a: 14 days after the date of allotment stated in the terms of the offer; or b: 14 days after the date on which the issuer's failure to comply with the issuer's disclosure obligations is remedied. 4: The Commission may make a delayed allotment order on the terms and conditions that the Commission thinks fit (which may include a condition that the issuer disclose or give public notice of specified information in any manner that the Commission thinks fit in the circumstances). 5: The Commission may vary a delayed allotment order in the same way as it may make the order. 6: The Commission may revoke a delayed allotment order, on the terms and conditions it thinks fit, if it is satisfied that it should not continue in force. 7: In this section, issuer's disclosure obligations 44AB: Notices and submissions concerning delayed allotment orders 1: The Commission may make a delayed allotment order only if— a: the Commission gives the issuer at least 3 days' written notice of the following matters before the Commission makes the delayed allotment order: i: the paragraph of section 44A(1) ii: the proposed terms and conditions of the delayed allotment order; and iii: the reasons for the proposed delayed allotment order; and b: the Commission gives the issuer an opportunity to make a written submission within that notice period; and c: the Commission has regard to any written submissions made to it within that notice period. 2: If the Commission makes a delayed allotment order,— a: it must, immediately after the making of the order, notify the issuer of— i: the terms and conditions of the order; and ii: the reasons for the order; and b: it must, immediately after the making of the order, give notice on its Internet site of— i: the terms and conditions of the order; and ii: the reasons for the order; and iii: the information that is adverse to the issuer or the scheme and is material to the offer of the security, or the nature of the issuer's failure to comply with the issuer's disclosure obligations; and iv: any other information the Commission thinks relevant in the circumstances; and c: it may give public notice by any other means of the matters in paragraph (b) d: it may notify any other person of the matters in paragraph (b) 3: If the Commission varies or revokes a delayed allotment order under section 44A(5) or (6) a: it must immediately notify the issuer of— i: the terms and conditions of the variation or revocation; and ii: the reasons for the variation or revocation; and b: it may give notice on its Internet site or give public notice by any other means of those matters; and c: it may notify any other person of those matters. 44AC: Limited notice and submissions for urgent delayed allotment orders If the Commission thinks it necessary or desirable in the public interest for a delayed allotment order to be made more urgently than section 44AB a: it may give less than 3 days' notice before it makes the order, and the notice and submissions may be oral, not written; but b: it must include in that notice the reasons for acting urgently and must otherwise comply with that section. 44AD: Effect of delayed allotment orders 1: No allotment of a security that is offered in a simplified disclosure prospectus to which a delayed allotment order applies may be made— a: in contravention of the terms or conditions of the delayed allotment order or of its revocation; or b: if a term or condition of the delayed allotment order remains unfulfilled; or c: until after the delayed allotment order expires or is revoked. 2: If a person contravenes subsection (1) section 37(1A)(b) subsection (1) 3: If the Commission makes a delayed allotment order and a subscriber has subscribed for a security that is offered in a simplified disclosure prospectus to which that delayed allotment order applies before the Commission made the delayed allotment order, section 37A(1)(ab)(ii) Example Issuer A makes an offer of securities to the public for subscription in a simplified disclosure prospectus. Tom subscribes for some of those securities. After Tom has subscribed for the securities, the Commission makes a delayed allotment order that applies to the simplified disclosure prospectus. Section 37A(1)(ab)(ii) In these circumstances, Issuer A's options may include the following: a: Issuer A may ask Tom if he wants to resubscribe for the securities. In this case, Issuer A could obtain Tom's permission to use the money that Tom paid Issuer A when he originally subscribed for the securities ( Tom's subscription money section 37A(1)(ab)(ii) b: Issuer A could withdraw the offer or take some other similar course of action. If Issuer A withdraws the offer it must pay Tom's subscription money back to him. Tom's subscription money must be held in trust for him until it is repaid ( see c: Issuer A could allot the securities to Tom (once the delayed allotment order has expired or has been revoked) without Tom having resubscribed for the securities. In this case, the allotment would be valid ( see see see sections 37A(1)(ab)(ii) Tom's options include the following: a: Tom may decide to leave Tom's subscription money with Issuer A and use that money to resubscribe for the securities. If Issuer A agrees to this, Issuer A may allot those securities to Tom (once the delayed allotment order has expired or has been revoked) without contravening section 37A(1)(ab)(ii) b: Tom may require Issuer A to pay Tom's subscription money back to him. Tom's subscription money must be held in trust for him until it is repaid ( see c: Tom may decide to take no action at all. In this case, if Issuer A allots the securities to Tom (once the delayed allotment order has expired or has been revoked), the allotment would be valid ( see see see sections 37A(1)(ab)(ii) see Regardless of which option is taken by Issuer A or Tom, if Issuer A allots securities to Tom in contravention of section 44AD(1) see sections 44AD(1), (2), and (4) 37(1A)(b) see 4: Subsections (1) and (2) subsection (3) 5: This section applies despite anything in the terms of the offer. 44AE: Commission may make prohibition orders 1: If the Commission is satisfied that a person ( person A 2: The Commission may make a prohibition order on the terms and conditions that the Commission thinks fit. 3: The Commission may vary a prohibition order in the same way as it may make the order. 4: The Commission may, either of its own volition or on the application of the person concerned, revoke or suspend a prohibition order, on the terms and conditions it thinks fit, if it is satisfied that it should not continue in force. 44AF: Notices and submissions concerning prohibition orders 1: The Commission may make a prohibition order only if— a: the Commission gives the person concerned ( person A i: the nature of person A's failure to comply with his, her, or its disclosure obligations; and ii: the proposed terms and conditions of the prohibition order; and iii: the reasons for the proposed prohibition order; and b: the Commission gives person A an opportunity to make a written submission within that notice period; and c: the Commission has regard to any written submissions made to it within that notice period. 2: If the Commission makes a prohibition order,— a: it must, immediately after the making of the order, notify person A of— i: the terms and conditions of the order; and ii: the reasons for the order; and b: it must, immediately after the making of the order, give notice on its Internet site of— i: the terms and conditions of the order; and ii: the reasons for the order; and iii: the nature of person A's failure to comply with his, her, or its disclosure obligations; and iv: any other information the Commission thinks relevant in the circumstances; and c: it may give public notice by any other means of the matters in paragraph (b) d: it may notify any other person of the matters in paragraph (b) 3: If the Commission varies, revokes, or suspends a prohibition order under section 44AE(3) or (4) a: it must immediately notify person A of— i: the terms and conditions of the variation, revocation, or suspension; and ii: the reasons for the variation, revocation, or suspension; and b: it may give notice on its Internet site or give public notice by any other means of those matters; and c: it may notify any other person of those matters. 44AG: Effect of prohibition orders If the Commission makes a prohibition order,— a: a person who is prohibited by that order from using a simplified disclosure prospectus must not, while the prohibition order is in force,— i: make an offer of securities to the public in, or accompanied by, a simplified disclosure prospectus; or ii: distribute a simplified disclosure prospectus that relates to a security; or iii: allot securities offered in a simplified disclosure prospectus; and b: section 37(1A)(a) 13: Registration of trust deeds and deeds of participation Section 46(3) under his or her hand 14: Power of Court to grant relief in certain cases 1: Section 63(1)(a) securities; securities; or 2: Section 63(1)(b) advertisement; advertisement; or 15: Regulations and Orders in Council Section 70(1) d: specifying obligations that are disclosure obligations for the purposes of this Act: .

DLM2095700

2009

Sentencing (Vehicle Confiscation) Amendment Act 2009

1: Title This Act is the Sentencing (Vehicle Confiscation) Amendment Act 2009. 2: Commencement This Act comes into force on 1 December 2009. 3: Principal Act amended This Act Sentencing Act 2002 2009-12-01 Sentencing Act 2002 4: Purpose The purpose of this Act a: strengthening the powers of the courts to order the confiscation of motor vehicles: b: empowering the courts to order the destruction of motor vehicles used by persistent illegal street racing offenders. 5: Interpretation of terms used in sections 128 to 142 1: Section 127(1) impoundment costs Land Transport Act 1998 section 167 of that Act person who is registered Land Transport Act 1998 written caution section 129B 2: Section 127 3: For the purposes of sections 128 to 142 substitute for the offender substitute a: the person is served with a written caution, under section 129B b: within 4 years after the date of the commission of the offence for which that written caution was served, the offender commits a further offence specified in section 128(1) 6: Confiscation of motor vehicle 1: Section 128(1)(b) 52(1)(aa), 52(1)(c) (but only in relation to failing to stop in accordance with section 114(2) or failing to give particulars in accordance with section 114(3)), 39(1), 2: Section 128 2: A court may exercise the power in subsection (3) if a person is convicted of an offence referred to in subsection (1) and the court by or before which the offender is convicted is satisfied— a: that a motor vehicle— i: was used to commit or facilitate the commission of the offence, whether or not the offender was the driver or person in charge; or ii: in the case of an offence against any of the provisions of sections 35(1)(a) and (b), 36(1)(a), 36A(1)(a) and (c), 38(1), 39(1), 52(1)(aa) and (c), and 56 to 62 of the Land Transport Act 1998, was being driven by, or in the charge of, the offender at the material time; or iii: was used by the offender, whether or not the offender was the driver or person in charge, to facilitate the offender's flight or avoid his or her detection or arrest after the commission of the offence; and b: that, at the time of the conviction, the offender or a substitute for the offender owns the motor vehicle or has an interest in the motor vehicle. 3: Section 128 3A: The court must not make an order under this section in respect of a motor vehicle that a substitute for an offender owns or has an interest in if satisfied that— a: the substitute did not know, and could not reasonably have known, that the offender would commit the offence or offences; or b: the substitute took all reasonable steps to prevent the offender from committing the offence or offences. 4: Section 128(5)(a) or, as the case requires, to the substitute for the offender the offender 5: Section 128(5)(c) , or, as the case requires, the interest of the substitute for the offender, offender's interest 7: New sections 129A to 129F inserted The following sections are inserted after section 129 129A: Confiscation and destruction after third illegal street racing offence 1: This section applies if— a: an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 (the current offence b: the offender has previously been convicted of 2 offences (the previous offences 2: For the purpose of subsection (1) 3: The court by or before which the offender is convicted of the current offence may order the confiscation and destruction of any motor vehicle if satisfied that the offender was driving, or was in charge of, the motor vehicle at the material time and that— a: the offender owns or has any interest in the motor vehicle; or b: a substitute for the offender owns or has an interest in the motor vehicle if the written caution served on the substitute was issued in respect of an offence specified in subsection (1)(a) 4: The court must not make an order under subsection (3) 129B: Written caution to persons with interest in motor vehicles involved in offences 1: Subsection (2) a: a court convicts an offender of an offence specified in section 128(1) involving a motor vehicle; and b: the court is satisfied the offence was committed in circumstances that would permit or require the confiscation of the motor vehicle under section 128, 129, or 129A c: it appears to the court that the offender does not own or have an interest in the motor vehicle. 2: The court by or before which the offender is convicted must order that a written caution be served on every person (other than the offender) who is registered in respect of the motor vehicle or who the court believes owns or has an interest in the motor vehicle. 3: Despite subsection (2) a: on anyone if the court is satisfied that the motor vehicle— i: was stolen or converted at the material time; or ii: was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998: b: on a person who the court is satisfied— i: did not own or have an interest in the motor vehicle at the material time; or ii: is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender. 4: On any 1 occasion, a court may only order that 1 written caution is to be served on each recipient described in subsection (2) 5: A written caution must provide the following information: a: the name and identifying details of the offender: b: the relevant convictions against the offender: c: the identifying details of the motor vehicle: d: that the recipient is believed to own or have an interest in the motor vehicle and that none of the exceptions stated in subsection (3) e: a warning that if the offender is convicted of a further offence specified in section 128(1) that involves a motor vehicle owned by the recipient or in which the recipient has an interest, the motor vehicle is liable to be confiscated or confiscated and destroyed: f: the recipient’s right to seek a review of the court’s decision to order the service of the written caution on the recipient. 6: The written caution remains current for 4 years after the date of the commission of the offence for which that written caution is served. 7: A written caution ordered to be served on a person must be served on the person in one of the following ways: a: by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it: b: by being left for the person at the person's place of residence with another person (other than the offender) who appears to be of or over the age of 14 years. 8: A written caution may be served by one of the following persons: a: a Police employee: b: an officer of the court: c: any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar: d: any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution. 9: An endorsement on a copy of a written caution stating the fact, the date, and the time of service and purporting to be signed by a person of a kind described in subsection (8) 129C: Review of written caution 1: A person served with a written caution may, within 20 working days after the date of service, apply to the court that ordered the service of the written caution for a review of the decision to serve the applicant on 1 or more of the following grounds: a: the motor vehicle was stolen or converted at the material time: b: the applicant did not own or have an interest in the motor vehicle at the material time: c: the applicant is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender: d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998 2: Every application must include a statutory declaration that specifies a ground stated in subsection (1) 3: The Registrar must promptly forward a copy of the application to the prosecuting agency in the proceeding that resulted in the relevant conviction. 4: The prosecuting agency may, within 10 working days after the day on which the copy of the application is forwarded to the agency, make a written submission to the court. 5: The court must conduct the review on the papers, unless the court considers a hearing necessary. 6: If satisfied that a ground stated in subsection (1) a: the court must cancel the written caution served on the applicant: b: if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d) c: the Registrar must advise, by ordinary post, facsimile, email, or other electronic means, every person (including the applicant) whose written caution is cancelled of that outcome: d: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person. 129D: Written caution of no effect if conviction quashed 1: If all of the convictions in respect of which a written caution has been served on a person are quashed, and no convictions for offences qualifying for confiscation under section 128, 129, or 129A 2: If a written caution ceases to have effect under subsection (1) 129E: Appeal against confiscation by persons treated as substitutes 1: If the court orders, under section 128 or 129A a: the appellant did not own or have an interest in the motor vehicle at the material time: b: the motor vehicle was stolen or converted at the material time: c: the appellant did not know, and could not reasonably have known, that the offender would commit the offence or offences: d: the appellant took all reasonable steps to prevent the offender from committing the offence or offences: e: the appellant had not, prior to the commission of the offence or offences, been served with a written caution under section 129B f: the appellant is a party to an encumbrance relating to the motor vehicle but has no relationship of another kind with the offender: g: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998 2: The appellant must serve the notice of appeal on— a: the prosecuting agency in the proceeding that resulted in the relevant conviction; and b: any other person treated as a substitute who owns or has an interest in the motor vehicle. 3: The persons described in subsection (2) 4: The right of appeal under subsection (1) 5: The court must set aside the confiscation of the motor vehicle if satisfied that— a: a ground stated in subsection (1)(b) or (g) b: another ground stated in that subsection applies to the appellant and to every other person who is treated as a substitute for the offender. 6: For the purposes of subsection (1) a: if the order was made in a District Court, the appeal must be brought in the High Court in accordance with the High Court Rules: b: if the order was made in the High Court, the appeal must be brought in the Court of Appeal in accordance with the rules of court governing civil appeals to that court. 129F: Warning notice to secured parties if confiscation not ordered for second illegal street racing offence 1: This section applies if— a: an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 current offence b: the offender has previously been convicted of an offence (the previous offence section 36A(1)(a) or (c) of the Land Transport Act 1998 c: the court by or before which the offender is convicted of the current offence is satisfied that a motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has any interest was being driven by, or in the charge of, the offender at the material time; and d: the court does not order the confiscation of the motor vehicle. 2: The Registrar must— a: check whether a financing statement has been registered in respect of the motor vehicle on the personal property securities register kept under the Personal Property Securities Act 1999 b: issue a warning notice stating that any motor vehicle owned by the offender or by the substitute for the offender or in which the offender or the substitute has an interest is liable to be confiscated and destroyed if the offender commits another offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 c: send the warning notice, by ordinary post, facsimile, email, or other electronic means to every person (other than the offender or the substitute) who the Registrar believes is a party to an encumbrance relating to the motor vehicle. 3: The jurisdiction of a court to make a confiscation and destruction order under section 129A or 136(4) subsection (2) 8: Court may order declaration of ownership to be completed 1: Section 130(1) section 128 or section 129 section 128, 129, or 129A 2: Section 130(2)(b) (including any encumbrance) any interest 9: New section 130A inserted The following section is inserted after section 130 130A: Court may disregard disposal of motor vehicle by person after written caution 1: This section applies if— a: a person has been served with a written caution under section 129B b: after being served with the written caution, the person purports to dispose of his or her ownership interest or other interest in the motor vehicle described in the written caution; and c: following that disposition, the offender is convicted of a further offence specified in section 128(1) involving that motor vehicle; and d: it appears to the court that the offender does not own or have an interest in the motor vehicle. 2: If the circumstances of the further offence described in subsection (1)(c) 129A a: the court may, if it thinks fit, set the disposition aside; and b: section 128 or 129A 3: Before making an order under subsection (2) 10: If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle 1: Section 131 1: This section applies if, in any case to which any of section 128, 129, or 129A 2: Section 131(2)(b) 3: Section 131(3) or the substitute for the offender made by the offender 4: Section 131(3) b: section 128, 129, or 129A 11: Enforcement of confiscation order 1: Section 132 1: If a court makes a confiscation order under any of sections 128, 129, and 129A 2: Section 132(2) or the substitute for the offender the offender 3: Section 132(5)(a) or a substitute for an offender an offender 12: New section 132A inserted The following section is inserted after section 132 132A: Offence to sell or dispose of motor vehicle subject to confiscation order 1: This section applies in any case where a motor vehicle— a: is subject to an order under any of sections 128(3), 129(3), 129A(3) 136(4) b: has not yet been surrendered to, or seized by, a Registrar, bailiff, or constable. 2: Every person commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, who sells or disposes of the motor vehicle or any part of the motor vehicle. 13: Offender must not acquire new interest in motor vehicle for 12 months 1: Section 136(1)(a) section 128 or section 129 any of sections 128, 129, and 129A 2: Section 136 4: If a court convicts a person of an offence against this section, then instead of, or in addition to, imposing a fine, the court may order that the motor vehicle concerned be confiscated and, where this section applies because of an order under section 129A 5: If a court orders the confiscation, or the confiscation and destruction, of a motor vehicle under subsection (4) sections 130, 131 to 135, this section, and sections 136A to 142 14: New section 136A inserted The following section is inserted after section 136 136A: Registrar must seek deregistration of motor vehicle subject to confiscation and destruction order If, under section 129A 136(4) Land Transport Act 1998 15: Sale of confiscated motor vehicles 1: Section 137(1) court may direct Registrar, subject to any direction by the court, thinks fit 2: Section 137 3: Subject to subsection (4) a: if the motor vehicle has been impounded under the Land Transport Act 1998 b: in payment of the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale): c: in satisfaction of any amount owed under any encumbrance brought to the notice of the Registrar within 1 month after the date of sale and established to the Registrar's satisfaction: d: in payment of any sentence or order of reparation payable by the offender: e: in payment of any levy payable by the offender under this Act: f: in payment of any fine or court costs payable by the offender: g: to the offender or, as the case requires, the substitute for the offender. 4: If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the offender or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (3) paragraphs (d) and (f) 16: New sections 137A to 137C inserted The following sections are inserted after section 137 137A: Certain sales conditional on dismantling and destruction 1: This section applies if any motor vehicle sold under section 137 is subject to a confiscation and destruction order under section 129A or 136(4) 2: The sale of the motor vehicle is subject to a condition that the purchaser dismantle the motor vehicle for any saleable parts and destroy the remainder of the motor vehicle, to the satisfaction of the Registrar. 3: The condition imposed by subsection (2) 4: The property in the motor vehicle does not pass from the Crown to the purchaser until the condition imposed by subsection (2) 137B: Failure to comply with condition to dismantle and destroy 1: Where the sale of a motor vehicle is subject to a condition imposed by section 137A(2) 2: If the person in possession of the motor vehicle fails to surrender the motor vehicle at the time and place specified by the Registrar, the court may issue a warrant in the prescribed form authorising the Registrar or any bailiff or constable to recover the motor vehicle. 3: For the purpose of executing a warrant issued under subsection (2) 4: If any person is in actual occupation of the premises, the Registrar or bailiff or constable must, on entering, produce the warrant to that person. 5: If a motor vehicle is surrendered to or recovered by any bailiff or constable under this section, that officer must, as soon as practicable, deliver it into the custody of the Registrar of the court. 6: Sections 133 and 134 137C: Sale of motor vehicle surrendered or recovered under section 137B 1: As soon as practicable after a motor vehicle is delivered into a Registrar’s custody under section 137B sections 137(1) and (2), 137A, and 137B 2: The proceeds of the sale must be applied in the following manner and order of priority: a: in payment of the costs of the sale (including all costs incurred in recovering the motor vehicle, and towing and storing the vehicle): b: in payment of the purchase price to the purchaser to whom the motor vehicle was sold under section 137 c: in payment of any unsatisfied amounts described in section 137(3) 17: Disposal of unsaleable confiscated vehicle Section 138 or 137B section 132 18: New section 138A inserted The following section is inserted after section 138 138A: Offender liable for outstanding costs of seizure, storage, and sale 1: If the amount realised from the sale of a motor vehicle under section 137 section 138 subsection (2) 2: The costs are,— a: if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs; and b: the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale). 3: Subsection (1) 4: Part 3 (except sections 84 and 85) of the Summary Proceedings Act 1957 or (as the case may require) sections 19 to 19F of the Crimes Act 1961 apply with any necessary modifications to any amount the offender is liable to pay under subsection (1) 5: A certificate appearing to have been signed by the Registrar that, following the sale or disposal of a motor vehicle, the offender is liable to pay a sum under subsection (1) 19: New sections 140 to 141B substituted Sections 140 141 140: Lessor under leasing agreement may apply to Registrar 1: The lessor (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) under a leasing agreement of a confiscated motor vehicle (not being a motor vehicle that is to be destroyed under section 129A 136(4) 2: If subsection (1) 3: This section is subject to section 141A 141: Secured party may apply to court 1: Any party (not being the offender or a substitute for the offender whose motor vehicle has been confiscated) to any encumbrance (other than a leasing agreement) over a confiscated motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for an order under subsection (3) 2: Subsection (1) section 129A or 136(4) 3: The court may, if it thinks fit, make an order— a: directing the Registrar to transfer the motor vehicle to that other party; and b: directing that party to sell the motor vehicle and account for the proceeds of sale in accordance with section 141B 4: This section is subject to section 141A 141A: Certain payments required before transfers take effect 1: An order for the transfer of a motor vehicle under section 140 or 141 a: if the motor vehicle has been impounded under the Land Transport Act 1998 b: any costs incurred in seizing, towing, and storing the motor vehicle. 2: Any costs required to be paid by subsection (1) 3: If the costs specified in subsection (1) subsection (2) 141B: Application of proceeds of sale by secured party 1: Every person to whom a motor vehicle is transferred under section 141 a: account to the Registrar for the proceeds of the sale: b: pay into court the proceeds of the sale, less any costs paid under section 141A i: if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 section 31 of that Act ii: in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 2: The Registrar must then apply the balance remaining in accordance with section 137(3)(d) to (g) 20: Order may be cancelled on application by bona fide purchaser 1: Section 142(1) (including a confiscation and destruction order under section 129A 136(4) confiscation order 2: Section 142 2: In the circumstances described in subsection (1), the court— a: must make an order prohibiting the offender from acquiring any interest in a motor vehicle within 12 months after the date of the confiscation order or confiscation and destruction order: b: may make any other consequential order or orders that it thinks just and reasonable. 3: Section 136 applies with any necessary modifications to an order made under subsection (2)(a) 21: Transitional provisions 1: Sections 129A, 129B, and 129F section 7 section 7 2: Sections 140 to 142 section 19 3: In the period commencing on the commencement of this Act and ending immediately before the commencement of section 32(2) of the Land Transport Amendment Act 2009— a: any reference to a person who is registered in respect of a motor vehicle in sections 129B and 136A section 127(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 b: the reference in section 136A Land Transport Act 1998

DLM2584102

2009

Tariff Amendment Act 2009

1: Title This Act is the Tariff Amendment Act 2009. 2: Commencement 1: Sections 6(1) 8 9 Schedule 2: Sections 4 5 a: on the day after the date on which this Act receives the Royal assent if the Tariff (AANZFTA) Amendment Act 2009 b: if the Tariff (AANZFTA) Amendment Act 2009 is not in force on that day, then immediately after the commencement of that Act. 3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Tariff Act 1988 2010-01-01 Tariff Act 1988 sections 4, 5, 6(1), 8, 9. Also note section 9(4) — separate history note for this but use same date (1 January 2010). 2009-12-08 Tariff Act 1988 sections 6(2) and 7 Incorporation of provisions contained in, or prepared under, international trade agreements by reference in Tariff Amendment Orders 4: New sections 7C to 7H inserted into Tariff Act 1988 The following sections are inserted after section 7B 7C: Incorporation of provisions by reference in regulations 1: An Order in Council made under section 9 or 10 may incorporate by reference any provisions set out in— a: an international trade agreement to which New Zealand is a party (for example, a free trade agreement); or b: another document made to give effect to such an agreement. 2: The provisions may be incorporated in the Order in Council— a: in whole or in part; and b: with modifications, additions, or variations specified in the regulations. 3: The incorporated provisions— a: are the provisions as they exist at the time that the Order in Council is made; and b: form part of the Order in Council for all purposes and have legal effect accordingly. 7D: Effect of amendments to, or replacement of, provisions incorporated by reference An amendment to, or replacement of, provisions incorporated under section 7C 7E: Proof of provisions incorporated by reference 1: A copy of the provisions incorporated under section 7C a: certified as a correct copy of the provisions by the chief executive; and b: retained by the chief executive. 2: The production in proceedings of a certified copy of the provisions is, in the absence of proof to the contrary, sufficient evidence of the incorporation in the Order in Council of the provisions. 7F: Access to provisions incorporated by reference 1: The chief executive must— a: ensure that copies of any provisions incorporated under section 7C paragraph (d) b: ensure that copies of the provisions are published on an Internet site that is, so far as practicable, publicly available free of charge; and c: ensure that copies of the provisions are available for purchase at a reasonable price at places specified in a notice given under paragraph (d) d: give notice in the Gazette i: the provisions are incorporated in a particular Order in Council and the date on which the Order in Council was made; and ii: copies of the provisions are available (at all reasonable times) for inspection during working hours, free of charge, at specified places; and iii: copies of the provisions are available on a specified Internet site; and iv: copies of the provisions can be purchased at specified places. 2: A failure to comply with this section does not invalidate an Order in Council that incorporates provisions under section 7C 7G: Acts and Regulations Publication Act 1989 not applicable to provisions incorporated by reference The Acts and Regulations Publication Act 1989 does not apply to provisions incorporated under section 7C 7H: Application of Regulations (Disallowance) Act 1989 to provisions incorporated by reference 1: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires provisions incorporated under section 7C 2: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (1) section 7C 5: Application of Tariff Section 7(1) c: specified in an agreement or document incorporated into an Order in Council in reliance on section 7C Working Tariff Document replaces Schedule 1 6: Interpretation 1: The definition of Tariff section 2(1) Tariff a: means the Tariff of New Zealand as set out in the 2010 Tariff Document; but b: if, and in so far as, the Tariff referred to in paragraph (a) paragraph (a) . 2: Section 2(1) 2010 Tariff Document section 9A(1) Working Tariff Document . 7: New section 9A inserted The following section is inserted after section 9 9A: Certification of 2010 Tariff Document 1: The chief executive must, by the close of 31 December 2009,— a: certify a copy of the Working Tariff Document; and b: retain that copy. 2: Before certifying a copy of the Working Tariff Document under subsection (1) a: as in force at the close of 31 December 2009; but b: as amended by any order made under section 9 and that comes into force on 1 January 2010, and also as amended by section 10 of the Tariff (AANZFTA) Amendment Act 2009 (which also comes into force on 1 January 2010). 3: The chief executive must ensure that— a: references in the certified copy to Schedule 3 of the Customs and Excise Act 1996 are replaced with references to the Excise and Excise-equivalent Duties Table; and b: the certified copy indicates clearly that any information in it that is not the contents of Schedule 1 as described in paragraphs (a) and (b) of subsection (2) 8: New sections 9B to 9G inserted The following sections are inserted after section 9A 9B: Access to Tariff 1: The chief executive must— a: ensure that copies of the documents referred to in subsection (2) b: ensure that copies of the documents referred to in subsection (2) 2: The documents are— a: the Tariff as from time to time amended, modified, or revoked and replaced on or after 1 January 2010; and b: the 2010 Tariff Document; and c: Orders in Council amending or modifying the Tariff and made under section 9 or 10 on or after 1 January 2010. 3: Every version of the Tariff referred to in subsection (2)(a) subsection (1) a: indicate that it is the Tariff as in force at the beginning of a stated date; and b: list all Acts and Orders in Council that are enacted on or after 1 January 2010 and before the stated date and that amend, modify, revoke, or revoke and replace some or all of the Tariff. 4: Nothing in section 9A Example Examples of other information are— the Excise and Excise-equivalent Duties Table (as that term is defined in the Customs and Excise Act 1996): details of prohibited imports: tables explaining the correlation between former and current Tariff items. 9C: Regulations (Disallowance) Act 1989 and Acts and Regulations Publication Act 1989 Orders in Council amending or modifying the Tariff made under section 9 or 10 on or after 1 January 2010— a: are regulations for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives not later than 16 sitting days after the day on which they are made; but b: are not regulations for the purposes of the Acts and Regulations Publication Act 1989. 9D: Judicial notice of Tariff Judicial notice must be taken by all courts and persons acting judicially of the Tariff. 1989 No 142 ss 16A, 16B(1) 9E: Evidence of Tariff Every copy of the documents referred to in section 9B(2) a: to be a correct copy of the document; and b: to have been so published or made available. 1989 No 142 s 16C 9F: Tariff may be amended, and must be interpreted, as if it were an enactment 1: The Tariff may be amended, revoked, or revoked and replaced by an Act of Parliament as if it were an Act of Parliament. 2: The Tariff may be altered or amended by an Order in Council made under section 9 or 10 as if it were a regulation. 3: The Interpretation Act 1999 applies to the Tariff as if it were an enactment. 4: Nothing in this Act limits or affects the application of— a: the Acts and Regulations Publication Act 1989 and the Interpretation Act 1999 to an Act amending, revoking, or revoking and replacing the Tariff, this Act (either alone or with other enactments), or both; or b: the Interpretation Act 1999 to an Order in Council made under section 9 or 10. 9G: References to Schedule 1 Every reference in the following to the Tariff or to Schedule 1 of the Tariff Act 1988 must be read as if it were a reference to the Tariff (as defined by section 2 of the Tariff Act 1988 as amended by section 6(1) a: an enactment not added, amended, inserted, or substituted by the Tariff Amendment Act 2009 and in force at the commencement of this section: b: a document in operation at that commencement. 9: Schedule 1 consequentially repealed 1: Schedule 1 2: Section 3 3: The Tariff 1: Duties must be levied, collected, and paid in accordance with the Tariff, or with a transitional safeguard measure or a provisional transitional safeguard measure, as the case may require, on goods to which this subsection applies. 2: Subsection (1) a: imported into New Zealand; or b: entered therein for home consumption; or c: entered therein for delivery to a manufacturing area. 3: Subsection (1) 3: If this section commences before the commencement of the Tariff (AANZFTA) Amendment Act 2009 AANZFTA Act a: section 7(3) section 6 Schedule 1 the Tariff b: section 10(1) and (2) Schedule 1 Schedule 1 the Tariff c: section 10(3) Schedule 1 Schedule 1 The Tariff 4: If section 6 section 7(3) Schedule 1 the Tariff 5: If this section commences after the commencement of the AANZFTA Act section 7(3) section 6 Schedule 1 the Tariff 6: The enactments specified in the Schedule 2010-01-01 Customs and Excise Act 1996 Finance Act (No 2) 1993 Finance Act (No 2) 1995 Goods and Services Tax Act 1985

DLM2171607

2009

Cluster Munitions Prohibition Act 2009

1: Title This Act is the Cluster Munitions Prohibition Act 2009. 2: Commencement 1: This Act comes into force on a date appointed by the Governor-General by Order in Council. 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 August 2010 clause 2 Cluster Munitions Prohibition Act Commencement Order 2010 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 3: Purpose The purpose of this Act is to implement New Zealand's obligations under the Convention. 4: Obligations to which persons exercising power or discretion must have regard A person who is exercising a power or discretion under this Act must have regard to New Zealand's obligations under the Convention. 5: Interpretation 1: In this Act, unless the context otherwise requires,— Armed Forces section 2(1) authorised cluster munition section 15 chief executive cluster munition section 6 Convention Schedule Customs officer section 5(1) dispenser enforcement officer section 2(1) explosive bomblet a: that is not self-propelled; and b: that weighs less than 20 kilograms; and c: that is designed to function by detonating an explosive charge prior to, on, or after impact; and d: that, in order to perform its task, is dispersed or released by a dispenser explosive submunition a: that is designed to function by detonating an explosive charge prior to, on, or after impact; and b: that, in order to perform its task, is dispersed or released by a cluster munition funds a: means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and b: includes legal documents or instruments (for example, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind mine section 2(1) Minister Ministry officer section 7 Police employee section 4 self-deactivating self-destruction mechanism a: secures the destruction of that munition; and b: functions automatically; and c: is in addition to the munition's primary initiating mechanism transfer a: includes— i: importation into, and exportation from, New Zealand; and ii: the transfer of title to, and control over, cluster munitions; but b: does not include the transfer of territory containing cluster munition remnants unexploded submunition 2: Unless the context otherwise requires, terms and expressions used and not defined in this Act but defined in the Convention have the same meaning as in the Convention. Section 5(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 6: Meaning of cluster munition A cluster munition a: includes those explosive submunitions; but b: does not include— i: a mine; or ii: a munition or submunition that is designed— A: to dispense flares, smoke, pyrotechnics, or chaff; or B: to produce electrical or electronic effects; or iii: a munition that is designed exclusively for an air defence role; or iv: a munition that, in order to avoid indiscriminate effects and the risks posed by unexploded submunitions, has all of the following characteristics: A: each munition contains fewer than 10 explosive submunitions: B: each explosive submunition weighs more than 4 kilograms: C: each explosive submunition is designed to detect and engage a single target object: D: each explosive submunition is equipped with an electronic self-destruction mechanism: E: each explosive submunition is equipped with an electronic self-deactivating feature. 7: Meaning of officer In this Act, unless the context otherwise requires, officer a: a Police employee: b: a member of the Armed Forces: c: a Customs officer: d: an enforcement officer. 8: Act binds the Crown This Act binds the Crown. 9: Application of Act in New Zealand and elsewhere 1: This Act applies to all acts done or omitted in New Zealand. 2: This Act also applies to all acts done or omitted outside New Zealand by— a: a New Zealand citizen; or b: a person who is ordinarily resident in New Zealand but not the citizen of any State; or c: a member of the Armed Forces; or d: a body corporate, or a corporation sole, incorporated in New Zealand. 3: Nothing in this section limits the application of section 7 8 8A 2: Activities related to cluster munitions 1: Offences and exceptions related to cluster munitions 10: Offences relating to cluster munitions 1: A person who does any of the following things commits an offence: a: uses a cluster munition: b: develops, produces, or otherwise acquires a cluster munition: c: possesses, retains, or stockpiles a cluster munition: d: transfers a cluster munition, directly or indirectly, to another person: e: in any way assists, encourages, or induces another person to engage in any conduct described in any of paragraphs (a) to (d). 2: A person commits an offence who provides or invests funds with the intention that the funds be used, or knowing that they are to be used, in the development or production of cluster munitions. 3: A member of the Armed Forces also commits an offence if he or she expressly requests the use of cluster munitions when— a: he or she is engaged in operations, exercises, or other military activities with the armed forces of a State that is not a party to the Convention; and b: the choice of munitions used is within the exclusive control of the Armed Forces. 4: A person who commits an offence against subsection (1), (2), or (3) is liable on conviction 5: Subsection (1) is subject to section 11 6: This section does not limit any of the following: a: the Anti-Personnel Mines Prohibition Act 1998 b: the provisions of the Arms Act 1983 c: the Hazardous Substances and New Organisms Act 1996 Section 10(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 11: Exceptions to offences in section 10(1) 1: Despite section 10(1) a: in the course of his or her employment or duties; and b: for the purposes of developing, or training persons in, techniques of cluster munition detection, clearance, or destruction; and c: in compliance with any notice given under section 15 2: Despite section 10(1) a: in the course of his or her employment or duties; and b: for the purposes of— i: destroying it; or ii: retaining it pending its destruction; or iii: transferring it so that it can be destroyed. 3: Despite section 10(1) a: possessing a cluster munition until an officer collects it from him or her or destroys it; or b: giving the cluster munition to an officer who is to collect it from him or her or destroy it. 4: The circumstances are— a: that the person complies with section 17 b: that, as soon as practicable after becoming aware that he or she possesses the cluster munition, the person takes all reasonable steps to ensure that it is not used before an officer can collect or destroy it. 5: Despite section 10(1) a: for the purposes of— i: destroying it; or ii: enabling another person to destroy it; or iii: rendering it harmless; or iv: enabling another person to render it harmless; and b: in accordance with the Convention. 6: A member of the Armed Forces does not commit an offence against section 10(1) 12: Application of this subpart to certain explosive bomblets The provisions of this subpart apply, with any necessary modifications, to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft, as if those explosive bomblets were cluster munitions. 2: Actions in relation to cluster munitions 13: Seizure, forfeiture, and destruction of cluster munitions 1: A cluster munition in respect of which an offence against section 10 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 be either— i: authorised under section 15 ii: destroyed by an officer. 2: A cluster munition to be destroyed under subsection (1)(c)(ii) must be retained, pending destruction, as the Minister thinks fit. 14: Application of Customs and Excise Act 2018 to import and export of cluster munitions The provisions of the Customs and Excise Act 2018 section 388(1)(a) or (b) section 10(1) subpart 4 Section 14 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 15: Minister may authorise cluster munitions for certain purposes 1: For the purposes of developing, or training persons in, techniques of cluster munition detection, clearance, or destruction, the Minister may from time to time, by notice in writing, authorise cluster munitions to be used, acquired, possessed, retained, or transferred. 2: The Minister must not make a notice under subsection (1) if the making of the notice will result in the total number of cluster munitions authorised by all notices made under subsection (1) exceeding the number determined for the time being by the Minister under subsection (3). 3: The Minister must from time to time specify, by notice in the Gazette 4: Section 15(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 3: Information 16: Purpose of this subpart The purpose of this subpart is to ensure— a: that the chief executive has knowledge of dealings with cluster munitions that facilitates the making of New Zealand's reports or clarifications under the Convention; and b: that New Zealand is otherwise able to fulfil its obligations under the Convention. 17: Supply of information 1: Any person who uses, develops, produces, otherwise acquires, possesses, retains, or transfers a cluster munition must— a: notify the Minister of the cluster munition as soon as practicable; and b: keep records in relation to the cluster munition and the purpose to which the cluster munition is put; and c: prepare from those records, and send to the chief executive, periodic reports relating to the cluster munition that are sufficient to enable the Minister to determine whether the Convention, the provisions of this Act, and any regulations made under this Act are being complied with. 2: A person commits an offence who, without reasonable excuse, refuses or fails to comply with subsection (1). 3: A person commits an offence who, in any document prepared under subsection (1), 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. 4: A person who commits an offence against subsection (2) or (3) is liable on 5: Nothing in this section applies to a person whose conduct in relation to a cluster munition is, by reason of section 11(5) Section 17(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 4: Miscellaneous provisions 18: Attorney-General's consent to prosecutions required 1: No proceedings for any offence against section 10 2: However, a person alleged to have committed an offence against section 10 3: Section 400 19: 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 regulations made under this Act: c: prescribing penalties on d: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 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). The following table is small in size and has 3 columns that are grouped under the 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 19(1)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 19(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 20: Consequential amendments to Arms Act 1983 1: This section amends the Arms Act 1983 2: Section 2 cluster munition section 6 3: Section 3(2)(a) iva: an officer as defined by section 7 4: Section 5(3A) or cluster munitions 5: Section 18(5) or a cluster munition 6: Section 29(2) or a cluster munition anti-personnel mine 7: Section 35(5) or a cluster munition OIC SR 2010/157 2010-08-01 Arms Act 1983

DLM2376700

2009

Customs and Excise Amendment Act 2009

1: Title This Act is the Customs and Excise Amendment Act 2009. 2: Commencement 1: Section 12 2: Sections 10 11 Part 3 Schedule 2 3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Customs and Excise Act 1996 2010-10-01 Customs and Excise Act 1996 s 12 2010-01-01 Customs and Excise Act 1996 ss 10, 11, part 3 of sch. 1, sch 2 2009-12-08 Customs and Excise Act 1996 Use of future technology 4: Interpretation 1: Paragraph (a) of the definition of Customs-approved secure exports scheme section 2(1) seal or markings seal, marking, substance, or device 2: The definition of Customs seal section 2(1) a: inserting , marking, substance, or device a seal b: omitting application use in relation c: omitting section 53A)— section 53A), to fulfil either or both of the following purposes: d: omitting ; and : 3: The principal Act is consequentially amended in the manner specified in Part 1 Authorised persons 5: Authorised persons 1: Section 6 4: A person who is authorised under this section must for the purposes of the provisions of this Act (other than section 2, this subsection, and sections 7, 38P, and 175) be treated as a Customs officer when performing or exercising a function or power in accordance with that person's authorisation. 2: The principal Act is consequentially amended in the manner specified in Part 2 Exportation of goods, and revocation of permission to export 6: Entry of goods for export 1: Section 49(1) b: before the prescribed deadline (if any) or any later deadline the chief executive may allow. 2: The Customs and Excise Regulations 1996 regulation 28 28: Deadline prescribed for entry of goods for export The deadline before which an entry of goods to which section 49(1) of the Act applies must be made (unless the chief executive under section 49(1)(b) of the Act allows the entry to be made before a later deadline) is 48 hours before the goods are shipped for export. 2009-12-08 Customs and Excise Regulations 1996 3: Section 49 6: Despite an entry being passed in accordance with subsection (5), the chief executive may revoke the goods' permission to export if the chief executive has reasonable cause to suspect the goods endanger, or threaten to endanger,— a: border security; or b: New Zealand's trade interests or international obligations; or c: the life, health, or safety of a person or group of persons; or d: the safety of the craft that will carry the goods, or of other goods to be carried on that craft. 4: Section 210(1)(a) subsection (1) or subsection (5) subsection (1), (5), or (6) Exemption for alcohol manufactured for personal use 7: New section 68B inserted 1: The following section is inserted after section 68A 68B: Exemption for alcohol manufactured for personal use Section 68 does not apply to the manufacture of beer, wine, or spirits in an individual's private house or dwelling place, but only if and as long as the beer, wine, or spirits are manufactured exclusively for the individual's personal use and not for sale or other disposition to any other person. 2: Section 10 sections 12(4) and 68A sections 12(4), 68A, and 68B 3: Section 74(2)(c) or 68B 4: The Customs and Excise Regulations 1996 regulation 7 2009-12-08 Customs and Excise Regulations 1996 Excise duty on certain goods manufactured outside manufacturing area 8: New section 76 substituted 1: Section 76 76: Excise duty a Crown debt 1: Excise duty is a debt due to the Crown and is recoverable by action at the suit of the chief executive on behalf of the Crown,— a: in relation to goods specified in Part A of the Excise and Excise-equivalent Duties Table that are manufactured in a manufacturing area, immediately on removal of the goods for home consumption in accordance with section 72: b: in relation to goods specified in Part A of the Excise and Excise-equivalent Duties Table that are, except as provided in section 74(2), manufactured outside a manufacturing area, immediately on manufacture. 2: Excise duty owed under subsection (1) a: the occupier of the place where the goods have been or are manufactured; and b: every person who is or who becomes the owner of the goods before the excise duty has been fully paid. 3: The liability of the persons referred to in subsection (2) 4: For the purposes of this section, excise duty owed under subsection (1) 2: The heading to section 74 otherwise than in a manufacturing area outside manufacturing area Excise and Excise-equivalent Duties Table replaces Schedule 3 9: New sections 76A to 76B inserted The following sections are inserted after section 76 76A: Interpretation In this section and in sections 76B to 76G 2010 Excise and Excise-equivalent Duties Document section 76B(1) Excise and Excise-equivalent Duties Table a: means the table of excise and excise-equivalent duties as set out in the 2010 Excise and Excise-equivalent Duties Document; but b: if, and in so far as, the table specified in paragraph (a) paragraph (a) Working Excise and Excise-equivalent Duties Document 76B: Certification of 2010 Excise and Excise-equivalent Duties Document 1: The chief executive must, by the close of 31 December 2009,— a: certify a copy of the Working Excise and Excise-equivalent Duties Document; and b: retain that copy. 2: Before certifying a copy of the Working Excise and Excise-equivalent Duties Document under subsection (1) a: as in force at the close of 31 December 2009; but b: as amended by any order made under section 79 and that comes into force on 1 January 2010. 3: The chief executive must ensure that— a: references in the certified copy to Schedule 1 of the Tariff Act 1988 are replaced with references to the Tariff (as defined in section 2(1) of the Tariff Act 1988); and b: the certified copy indicates clearly that any information in it that is not the contents of Schedule 3 as described in paragraphs (a) and (b) of subsection (2) 10: New sections 76C to 76H inserted The following sections are inserted after section 76B: 76C: Access to Excise and Excise-equivalent Duties Table 1: The chief executive must— a: ensure that copies of the documents referred to in subsection (2) b: ensure that copies of the documents referred to in subsection (2) 2: The documents are— a: the Excise and Excise-equivalent Duties Table as from time to time amended, modified, or revoked and replaced on or after 1 January 2010; and b: the 2010 Excise and Excise-equivalent Duties Document; and c: Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77, 78, 79, or 79A on or after 1 January 2010. 3: Every version of the Excise and Excise-equivalent Duties Table referred to in subsection (2)(a) subsection (1) a: indicate that it is that Table as in force at the beginning of a stated date; and b: list all Acts and Orders in Council that are enacted on or after 1 January 2010 and before the stated date and that amend, modify, revoke, or revoke and replace some or all of that Table. 4: Nothing in section 76B 76D: Regulations (Disallowance) Act 1989 and Acts and Regulations Publication Act 1989 Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77, 78, 79, or 79A on or after 1 January 2010— a: are regulations for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives not later than 16 sitting days after the day on which they are made; but b: are not regulations for the purposes of the Acts and Regulations Publication Act 1989. 76E: Judicial notice of Table Judicial notice must be taken by all courts and persons acting judicially of the Excise and Excise-equivalent Duties Table. 1989 No 142 ss 16A, 16B(1) 76F: Evidence of Table Every copy of the documents referred to in section 76C(2) a: to be a correct copy of the document; and b: to have been so published or made available. 1989 No 142 s 16C 76G: Table may be amended, and must be interpreted, as if it were an enactment 1: The Excise and Excise-equivalent Duties Table may be amended, revoked, or revoked and replaced by an Act of Parliament as if it were an Act of Parliament. 2: The Excise and Excise-equivalent Duties Table may be altered or amended by an Order in Council made under section 77, 78, 79, or 79A as if it were a regulation. 3: The Interpretation Act 1999 applies to the Excise and Excise-equivalent Duties Table as if it were an enactment. 4: Nothing in this Act limits or affects the application of— a: the Acts and Regulations Publication Act 1989 and the Interpretation Act 1999 to an Act amending, revoking, or revoking and replacing the Excise and Excise-equivalent Duties Table, this Act (either alone or with other enactments), or both; or b: the Interpretation Act 1999 to an Order in Council made under section 77, 78, 79, or 79A. 76H: References to Schedule 3 Every reference in the following to Schedule 3 of this Act must be read as if it were a reference to the Excise and Excise-equivalent Duties Table (as defined by section 76A a: an enactment not added, amended, inserted, or substituted by the Customs and Excise Amendment Act 2009 and in force at the commencement of this section: b: a document in operation at that commencement. 11: Schedule 3 consequentially repealed 1: Schedule 3 2: Section 2(1) excise item number a: means excise items that appear in the Excise and Excise-equivalent Duties Table and are identified by 6 digits and 1 alphabetical check letter; and b: includes the heading to those excise items that appear in that Table and are identified in that way . 3: The principal Act is consequentially amended in the manner specified in Part 3 4: The enactments specified in Schedule 2 2010-01-01 Alcohol Advisory Council Act 1976 Energy (Fuels, Levies, and References) Act 1989 Injury Prevention, Rehabilitation, and Compensation Act 2001 Land Transport Management Act 2003 Local Government Act 1974 Climate Change (Liquid Fossil Fuels) Regulations 2008 Injury Prevention, Rehabilitation, and Compensation (Motor Vehicles Levies) Regulations 2009 Excise and excise-equivalent duties on motor spirits increased by 3 cents per litre on 1 October 2010 12: Excise and Excise-equivalent Duties Table amended Each of the items relating to the following excise item numbers and Tariff item numbers in the Excise and Excise-equivalent Duties Table is amended by omitting 45.524¢ 48.524¢ a: 99.75.05F: b: 99.75.23D: c: 99.75.29C: d: 99.75.37D: e: 99.75.51K: f: 99.75.59E: g: 99.75.73L: h: 99.75.81A: i: 99.75.93E: j: 2207.20.23 or 2207.20.35: k: 2710.19.13 or 2710.19.25: l: 2710.19.15 or 2710.19.27: m: 2710.19.21 or 2710.19.39 (item relating to motor spirit with a Research Octane No. (RON) less than 95 (regular grade) which, if manufactured in New Zealand, would be classified within excise item number 99.75.05F or 99.75.23D): n: 2710.19.21 or 2710.19.39 (item relating to motor spirit with a Research Octane No. (RON) 95 or greater (premium grade) which, if manufactured in New Zealand, would be classified within excise item number 99.75.29C or 99.75.37D): o: 2710.19.64: p: 2710.19.70: q: 3824.90.87 or 3824.90.93: r: 3824.90.97. Definition of financial year in section 79A(2) 13: Power to alter rates of excise duty and excise-equivalent duty on motor spirits by Order in Council The definition of financial year in section 79A(2) determined for the entity by the Minister of Finance determined for the purposes of this section by the Minister of Finance and notified in the Gazette Amendment consequential on Land Transport Management Amendment Act 2008 14: Certain Orders in Council subject to confirmation Section 80 4: The repeal of any Act of Parliament that expressly confirms pursuant to subsection (1A) any Orders in Council does not, unless there is any express provision to the contrary, affect the validity or confirmation of those Orders in Council. Due date for payment of duty 15: Due date for payment of duty Section 90 1A: However, if the chief executive has reasonable cause to believe that a person will be unable to pay the duty by the due date required by subsection (1), the chief executive may, by notice in writing, require that person to pay the duty by an earlier date. 1B: A notice issued under subsection (1A) 1C: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under subsection (1A) Administrative penalties 16: Imposition of penalty 1: Section 128 1AA: In this Part, entry a: every declaration, invoice, certificate, written statement, or other document required or authorised by or under this Act to be made or produced by a person making the entry; and b: every amendment of the entry; and c: in relation to any goods or class of goods deemed by regulations made under section 40(d) to have been entered under section 39(1), a document that, under those regulations, the chief executive requires to be lodged with the Customs before the goods or class of goods will be deemed to be entered; and d: in relation to any goods or class of goods deemed by regulations made under section 50(b) to have been entered under section 49(1), a document that, under those regulations, the chief executive requires to be lodged with the Customs before the goods or class of goods will be deemed to be entered. 2: Section 128(1) pursuant to section 39 of this Act 3: Section 128(6) or exportation importation 4: Section 128(7) , in relation to an entry pursuant to section 39, materially incorrect 5: Section 128 7A: For the purposes of this section, materially incorrect 6: Section 128(10) and entered pursuant to section 39 subsection (1) of this section 7: Section 130(c) , exporter, importer Customs computerised entry processing systems 17: Cancellation of registration of registered user 1: The heading to section 135 Cancellation Suspension or cancellation 2: Section 135 1A: Despite subsection (1), the chief executive may by written notice to a registered user (which must state grounds for the suspension) suspend that user's registration until a date or event specified in the notice if satisfied that the user's registration should not be cancelled, but should instead be suspended until that date or event, because the user— a: has failed to comply with a condition imposed by the chief executive under section 132(3) or 133(3); or b: has failed to comply with a condition imposed by the chief executive under section 134A(1) within the time frame specified in that section. 1B: The date or event specified in the notice under subsection (1A) 3: Section 135(2) suspended or cancelled Searching vehicles 18: Searching vehicles Section 144 5: Powers given by any other subsection of this section apply even if the vehicle need not be stopped because it is not moving, and whether or not it is attended, and include the power to use reasonable force, if necessary, to stop, detain, enter in or on, and search the vehicle (or for any of those purposes) as authorised by that other subsection. Arrest of suspected offenders 19: Arrest of offenders 1: The heading to section 174 suspected offenders 2: Section 174 1: A Customs officer who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against this Act punishable by imprisonment, or an offence against section 209, may, while that cause to suspect continues and before the end of the seventh day after the date on which it arose, arrest that person without warrant. 1A: A Customs officer who has reasonable cause to suspect that a person has carried some other person into New Zealand on a craft, and that the carriage of the other person into New Zealand on the craft constituted an offence against section 98C(1) (which makes it an offence to smuggle unauthorised migrants) of the Crimes Act 1961 may, while that cause to suspect continues and before the end of the seventh day after the date on which it arose, and on the craft or elsewhere, arrest the person without warrant. 2: A constable who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against section 176, 188A, 209, or 211 may, while that cause to suspect continues and before the end of the seventh day after the date on which it arose, arrest that person without warrant. 3: Section 168 3C: A Customs officer or constable who has reasonable cause to suspect that a person has by failing to comply with subsection (3A) or (3B) committed an offence against section 188A may under section 174(1) or (2) False allegation or report to Customs officer 20: New section 177A inserted The following section is inserted after section 177 177A: False allegation or report to Customs officer 1: Every person commits an offence who,— a: contrary to the fact and without a belief in the truth of the statement, makes or causes to be made to a Customs officer a written or verbal statement alleging that an offence has been committed; or b: with the intention of causing wasteful deployment, or of diverting deployment, of the Customs personnel or resources, or being reckless as to that result,— i: makes a statement to any person that gives rise to serious apprehension for the person's own safety or the safety of any person or property, knowing that the statement is false; or ii: behaves in a manner that is likely to give rise to such apprehension, knowing that such apprehension would be groundless. 2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000. 1981 No 113 s 24 . Laying of information 21: New section 221 substituted Section 221 221: Laying of information 1: Every information under the Summary Proceedings Act 1957 for any offence against this Act (other than one for an offence against section 216 of this Act) must be laid by— a: the chief executive; or b: any Customs officer nominated by the chief executive; or c: any person who is not a Customs officer but is an agent or employee of the Customs nominated by the chief executive. 2: Any Customs officer or agent or employee of the Customs purporting to act pursuant to a nomination of the chief executive under subsection (1)(b) or (c) 3: An information under the Summary Proceedings Act 1957 for an offence against section 216 of this Act must be laid by the Registrar of a Customs Appeal Authority. 4: Any information for an offence against this Act may, despite anything to the contrary in the Summary Proceedings Act 1957, be laid at any time within 5 years after the date of the offence. 1966 No 19 ss 259, 260 . Automated electronic systems 22: New sections 274A to 274D inserted The following sections are inserted before section 275 274A: Use of automated electronic systems by Customs to make decisions, exercise powers, comply with obligations, and take related actions 1: The chief executive may arrange for the use, under the chief executive's control, of automated electronic systems for any purposes for which the chief executive, the Customs, or a Customs officer may, or must, under the designated border processing law,— a: make a decision; or b: exercise a power, or comply with an obligation; or c: do anything else related to making a decision, exercising a power, or complying with an obligation. 2: An arrangement under subsection (1)(a) 3: The chief executive must not under subsection (1) a: the system has the capacity with reasonable reliability to make the decision, exercise the power, comply with the obligation, or take the related action; and b: there are also available for the person affected 1 or more alternative ways of making the decision, exercising the power, complying with the obligation, or taking the related action, and each of those alternative ways involves a person. 4: Before concluding for the first time, varying significantly, or revoking and replacing an arrangement under subsection (1) 5: A decision made, power exercised, obligation complied with, or related action taken using an automated electronic system in accordance with an arrangement under subsection (1) 6: An automated electronic system used in accordance with an arrangement under subsection (1) a: for making decisions, exercising powers, complying with obligations, or taking related actions under other enactments; and b: in accordance with provisions of those other enactments on use of automated electronic systems. 7: For the purposes of this section and sections 274B and 274C designated border processing law a: Part 3 (arrival and departure of goods, persons, and craft): b: Part 12 (powers of Customs officers): c: Parts 13 to 15 and 17 (offences, forfeiture and seizure, evidence, and miscellaneous provisions): d: any other provisions of this Act (other than Part 3A) that are declared by regulations under section 286(1)(ii) to be for those purposes part of the designated border processing law. 1987 No 74 s 125AB(5); Australian Citizenship Act 2007 (Aust) s 48; Migration Act 1958 (Aust) s 495A 274B: Publication of details of arrangements for use of automated electronic systems 1: The chief executive must ensure that details of arrangements under section 274A(1) a: in the Gazette b: (so far as practicable) on an Internet site that is maintained by, or on behalf of, the chief executive, and that is publicly available free of charge. 2: Those details must include, for every arrangement under section 274A(1) 3: No arrangement, variation, revocation, or revocation and replacement is made invalid by reason only of a failure to publish details of it promptly in accordance with subsection (1) 274C: Variation and substitution of decisions made by automated electronic systems 1: This section applies to a decision— a: that, under the designated border processing law, may or must be made by the chief executive, the Customs, or a Customs officer (as the case may be); and b: that is made by an automated electronic system in accordance with an arrangement under section 274A(1) 2: The chief executive, the Customs, or a Customs officer (as the case may be) may, despite section 274A a: vary or add to terms or conditions of, or imposed in or in relation to, the decision; or b: substitute a decision (the substituted decision initial decision 3: The chief executive, the Customs, or the Customs officer (as the case may be) does not have a duty to consider whether to exercise all or any of the powers in subsection (2) Migration Act 1958 (Aust) s 495B 274D: Appeals and reviews unaffected Sections 274A to 274C 2002 No 34 s 33; 2004 No 115 s 21(d); 2005 No 39 s 61(6) . Incorporation of provisions contained in, or prepared under, international trade agreements by reference in Customs and Excise Regulations 23: New sections 287A to 287F inserted The following sections are inserted after section 287 287A: Incorporation of provisions by reference in regulations 1: Regulations made under this Act (for example, regulations made under section 65) may incorporate by reference any provisions set out in— a: an international trade agreement to which New Zealand is a party (for example, a free trade agreement); or b: another document made to give effect to such an agreement. 2: The provisions may be incorporated in the regulations— a: in whole or in part; and b: with modifications, additions, or variations specified in the regulations. 3: The incorporated provisions— a: are the provisions as they exist at the time that the regulations are made; and b: form part of the regulations for all purposes and have legal effect accordingly. 287B: Effect of amendments to, or replacement of, provisions incorporated by reference An amendment to, or replacement of, provisions incorporated under section 287A 287C: Proof of provisions incorporated by reference 1: A copy of the provisions incorporated under section 287A a: certified as a correct copy of the provisions by the chief executive; and b: retained by the chief executive. 2: The production in proceedings of a certified copy of the provisions is, in the absence of proof to the contrary, sufficient evidence of the incorporation in the regulations of the provisions. 287D: Access to provisions incorporated by reference 1: The chief executive must— a: ensure that copies of any provisions incorporated under section 287A paragraph (d) b: ensure that copies of the provisions are published on an Internet site that is, so far as practicable, publicly available free of charge; and c: ensure that copies of the provisions are available for purchase at a reasonable price at places specified in a notice given under paragraph (d) d: give notice in the Gazette i: the provisions are incorporated in particular regulations and the date on which the regulations were made; and ii: copies of the provisions are available (at all reasonable times) for inspection during working hours, free of charge, at specified places; and iii: copies of the provisions are available on a specified Internet site; and iv: copies of the provisions can be purchased at specified places. 2: A failure to comply with this section does not invalidate regulations that incorporate provisions under section 287A 287E: Acts and Regulations Publication Act 1989 not applicable to provisions incorporated by reference The Acts and Regulations Publication Act 1989 does not apply to provisions incorporated under section 287A 287F: Application of Regulations (Disallowance) Act 1989 to provisions incorporated by reference 1: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires provisions incorporated under section 287A 2: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (1) section 287A Updating of terms relating to Police 24: References to members of Police replaced with references to constables The principal Act is amended in the manner specified in Part 4