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DLM139704

1988

Te Runanga o Ngati Whatua Act 1988

1: Short Title and commencement 1: This Act may be cited as the Te Runanga o Ngati Whatua Act 1988. 2: This Act shall come into force on the 28th day after the date on which it receives the Royal assent. 2: Interpretation In this Act, Te Runanga section 4 3: Act to bind the Crown This Act shall bind the Crown. 4: Te Runanga o Ngati Whatua constituted 1: There is hereby constituted a body corporate to be known as Te Runanga o Ngati Whatua, which shall be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955 2: The beneficiaries of Te Runanga shall be the descendants of Haumoewarangi, a tupuna o Ngati Whatua. 5: Membership of Te Runanga 1: As soon as practicable after the commencement of this Act, the Governor-General shall, on the recommendation of the Minister of Maori Affairs, appoint such number of persons not exceeding 11 as the Minister thinks fit to be the initial members of Te Runanga. 2: Each initial member of Te Runanga shall hold office until his or her successor is elected and comes into office under subsection (3). 3: Te Runanga shall cause to be prepared a roll containing the names and addresses of all adult beneficiaries of Te Runanga, and Te Runanga and the Secretary of Te Runanga shall do everything necessary, in accordance with Part 3 6: Functions, objects, and powers In performing the functions conferred on it by section 24 7: Te Kauhanganui 1: Te Runanga shall from time to time, by resolution, appoint a council of elders to be known as Te Kauhanganui. 2: The principal function of Te Kauhanganui shall be to advise Te Runanga on all matters involving Ngati Whatua lore. 3: Te Kauhanganui shall comprise such of the kaumatua of the beneficiaries as Te Runanga may decide to appoint from time to time after consulting the kaumatua. 8: Annual hui Section 8 repealed 16 September 2011 section 8(1)(d) Maori Trust Boards Amendment Act 2011 9: Bank accounts The bank account into which all money belonging to Te Runanga is required by section 28(1) Te Runanga o Ngati Whatua Account

DLM130799

1988

Ministry of Works and Development Abolition Act 1988

1: Short Title and commencement 1: This Act may be cited as the Ministry of Works and Development Abolition Act 1988. 2: This Act shall come into force on 1 April 1988. 2: Interpretation In this Act, unless the context otherwise requires,— responsible department of State responsible Minister of the Crown 3: Savings as to existing contracts 1: Where the Minister of Works and Development or any official of the Ministry of Works and Development, in relation to the conduct of the affairs of that Ministry, has entered into any contract (whether on behalf of the Crown or otherwise) all rights and duties of the Minister or official thereunder shall on the commencement of this Act be conferred and imposed on the responsible Minister of the Crown. 2: Any reference to the Minister of Works and Development wherever it occurs in any contract entered into by or on behalf of the Minister of Works and Development (whether on behalf of the Crown or otherwise) shall hereafter be read as a reference to the responsible Minister of the Crown. 3: Any reference to the Commissioner of Works or to a senior officer of the Ministry of Works and Development wherever they occur in any contract entered into by or on behalf of the Minister of Works and Development (whether on behalf of the Crown or otherwise) shall hereafter be read as a reference to the chief executive of the responsible department of State. 4: Savings as to existing proceedings, applications, and actions 1: Where, before the commencement of this section, the Minister of Works and Development or any officer of the Ministry of Works and Development, in relation to the conduct of the affairs of that Ministry, has— a: initiated any criminal proceedings; or b: become a party to any proceedings whatsoever; or c: become a party to any arbitration, whether an arbitration within the meaning of the Arbitration Act 1908 d: made an application to any department of State, local authority, court, tribunal, or any other body pursuant to any Act; or e: initiated any action under the authority of any statutory provision formerly administered by the Ministry of Works and Development— then such action, application, arbitration, or proceedings may be continued, completed, determined and enforced by or against any responsible Minister of the Crown. 2: On the commencement of this section all proceedings pending by or against the National Water and Soil Conservation Authority may be carried on, completed, and enforced by or against the Minister for the Environment. 5: Savings as to determination of disputes Where any provision is made in any contract entered into by or on behalf of the Minister of Works and Development (whether on behalf of the Crown or otherwise) whereby the Commissioner of Works is empowered to hear and decide any matters in dispute between the parties, the following provisions shall apply: a: any dispute may be heard and determined by the chief executive of the responsible department of State: b: any reference to the chief executive of the responsible department of State shall be deemed to extend to and include any delegate of the chief executive: c: notwithstanding any Act, rule of law, or provision in a contract to the contrary, the provisions of this section shall not invalidate or render null and void any contract to which they apply, and such contract shall enure for the benefit of and bind the parties to it: d: where the Commissioner of Works, or any appointee of the Commissioner of Works, has commenced to hear any dispute before the commencement of this Act, the Commissioner or appointee may continue with the hearing and may issue a decision on behalf of the chief executive of the responsible department of State. 6: Savings as to continuance and transfer of consents, etc 1: Except where otherwise provided in this Act, any consent, privilege, grant, permit, or other right howsoever held by the Minister of Works and Development or by any officer of the Ministry of Works and Development in relation to the affairs of that Ministry may be transferred by a responsible Minister of the Crown— a: in accordance with its terms and conditions; or b: otherwise to any Minister of the Crown, department of State, or to any other person upon such terms and conditions as the responsible Minister of the Crown in his or her absolute discretion may determine but subject to any statutory provisions in that regard— and until transferred every such consent, privilege, grant, permit, or other right shall enure for the benefit of the Crown. 2: Any consent, approval, remission, or delegation given or granted by the Commissioner of Works prior to the commencement of this Act shall continue in force until amended, transferred, or revoked by any chief executive of a responsible department of State. 3: Every designation of land by the Minister of Works and Development under the Town and Country Planning Act 1977 7: Savings as to various documents 1: Any lease, licence, statutory land charge, mortgage, debenture, instrument by way of security, deed of covenant, deed of encumbrance, easement, profit à prendre 2: Any instrument relating to any interest referred to in subsection (1) the Registrar-General of Land, any Registrar of Companies, or any Registrar of the High Court Section 7(2) amended 12 November 2018 section 250 Land Transfer Act 2017 8: Amendments to local Acts The enactments specified in the Schedule

DLM132560

1988

Treaty of Waitangi (State Enterprises) Act 1988

1: Short Title and commencement 1: This Act may be cited as the Treaty of Waitangi (State Enterprises) Act 1988. 2: This Act shall be deemed to have come into force on 9 December 1987. 1: Amendments to Treaty of Waitangi Act 1975 2: 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 the principal Act 3: Functions of Tribunal Amendment(s) incorporated in the Act(s) 4: New sections inserted Amendment(s) incorporated in the Act(s) 5: Power of Tribunal to commission research and receive report in evidence Amendment(s) incorporated in the Act(s) 6: Director Amendment(s) incorporated in the Act(s) 7: New clauses inserted Amendment(s) incorporated in the Act(s) 8: Repeal Amendment(s) incorporated in the Act(s) 2: Amendments to State-Owned Enterprises Act 1986 9: This Part to be read with State-Owned Enterprises Act 1986 This Part and the Schedule State-Owned Enterprises Act 1986 the principal Act 10: New sections substituted Amendment(s) incorporated in the Act(s) 11: New Schedule 2A inserted Amendment(s) incorporated in the Act(s) 12: Amendments to Maori Affairs Act 1953 Section 12 repealed 25 October 1989 section 42(3)(b) Crown Forest Assets Act 1989 3: Amendments to Legal Aid Act 1969 Part 3 repealed 1 February 1992 Legal Services Act 1991 13: This Part to be read with Legal Aid Act 1969 Section 13 repealed 1 February 1992 Legal Services Act 1991 14: Interpretation Section 14 repealed 1 February 1992 Legal Services Act 1991 15: Scope of legal aid Section 15 repealed 1 February 1992 Legal Services Act 1991 16: Applications in respect of claims before Waitangi Tribunal Section 16 repealed 1 February 1992 Legal Services Act 1991 17: Transitional provision Section 17 repealed 1 February 1992 Legal Services Act 1991

DLM138397

1988

1: Short Title and commencement 1: This Act may be cited as the Foreign Affairs 2: This Act shall come into force on 1 December 1988. Section 1(1) amended 1 July 1993 section 2(2) Foreign Affairs Amendment Act 1993 2: Interpretation In this Act, unless the context otherwise requires,— head of mission a: High Commissioner for New Zealand in any Commonwealth country, or in the Cook Islands; or aa: High Commissioner for New Zealand in Niue; or b: Ambassador of New Zealand to any State that is not a Commonwealth country; or c: head of mission for New Zealand at any international organisation; or d: head of mission for New Zealand (not being a high commissioner or ambassador) to any State head of post Ministry Secretary State State services section 5 Section 2 head of mission substituted 1 July 1993 section 3(1) Foreign Affairs Amendment Act 1993 Section 2 head of mission inserted 1 July 1993 section 3(2) Foreign Affairs Amendment Act 1993 Section 2 Ministry substituted 1 July 1993 section 3(3) Foreign Affairs Amendment Act 1993 Section 2 Secretary substituted 1 July 1993 section 3(4) Foreign Affairs Amendment Act 1993 Section 2 State services amended 7 August 2020 section 135 Public Service Act 2020 2AA: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 Section 2AA inserted 5 April 2023 section 4 Foreign Affairs (Consular Loans) Amendment Act 2023 2A: Maori name of Ministry of Foreign Affairs and Trade The name of the Ministry of Foreign Affairs and Trade is, in the Maori language, Manatū Aorere. Section 2A inserted 1 July 1993 section 4 Foreign Affairs Amendment Act 1993 3: Secretary of Foreign Affairs and Trade The chief executive of the Ministry shall be known as the Secretary of Foreign Affairs and Trade. Section 3 substituted 1 July 1993 section 5 Foreign Affairs Amendment Act 1993 4: Appointment of head of mission or head of post 1: The Governor-General may from time to time appoint or reappoint any person as a head of mission or head of post. 2: The procedure put in place by the Secretary pursuant to clause 5 1983 No 128 s 10A 1988 No 34 s 7 Section 4(2) amended 7 August 2020 section 135 Public Service Act 2020 5: Removal from office The Governor-General may from time to time remove any head of mission or head of post from office. 1983 No 128 s 10B 1988 No 34 s 7 6: Overseas assignments 1: The Secretary may assign to service overseas— a: b: any c: any other person, being an officer or employee of the State services or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003 2: The Secretary may reassign— a: to service in New Zealand; or b: to other service overseas,— any person who is assigned to service overseas under subsection (1). 3: The procedure put in place by the Secretary pursuant to clause 5 1983 No 128 s 10C 1988 No 34 s 7 Section 6(1)(a) repealed 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 6(1)(b) amended 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 6(1)(c) amended 1 July 2003 section 84 New Zealand Trade and Enterprise Act 2003 Section 6(3) amended 7 August 2020 section 135 Public Service Act 2020 7: Conditions of service overseas The Secretary shall determine the allowances and other conditions of service applicable to— a: any head of mission or head of post; or b: any person assigned or reassigned under section 6 1983 No 128 s 10D 1988 No 34 s 7 8: Code of conduct The Secretary may from time to time promulgate a code of conduct for members of the staff of overseas missions and overseas posts, including— a: heads of mission and heads of post; and b: persons assigned or reassigned under section 6 1983 No 128 s 10E 1988 No 34 s 7 9: Application of Government Superannuation Fund Act 1956 to persons serving overseas 1: For the purposes of the Government Superannuation Fund Act 1956 a: every overseas mission and overseas post is hereby declared to be, and every overseas mission, overseas post, former overseas mission, and former overseas post is hereby deemed to have been, part of the Government service: b: a person shall be deemed neither to be, nor to have been, employed in the Government service during any period during which that person is or was serving overseas unless, immediately before the commencement of that period, that person was permanently employed in the Government service. 2: For the purposes of subsection (1), Government service Government Superannuation Fund Act 1956 1983 No 128 s 10F 1988 No 34 s 7 10: Locally engaged staff Any head of mission or head of post may, on conditions determined by the Secretary, employ persons as members of the local staff of the overseas mission or overseas post concerned. 1983 No 128 s 10G 1988 No 34 s 7 11: Superannuation schemes for locally engaged staff 1: The Secretary may, with the concurrence of the Minister of Finance, determine the superannuation rights of persons employed under section 10 2: All contributions, retiring allowances, annuities, and other amounts payable by the Government of New Zealand pursuant to any determination under subsection (1) shall be paid out of public money Section 11(2) amended 26 July 1989 section 86(1) Public Finance Act 1989 12: Persons assigned overseas who are servicemen No person shall cease to be a serviceman (within the meaning of section 2 of the Defence Act 1971) for the purposes of that Act or the Armed Forces Discipline Act 1971 section 6 1983 No 128 s 19 12A: Consular loans 1: The Minister of Foreign Affairs, on behalf of the Crown, may lend money to— a: a New Zealand citizen who is outside New Zealand: b: a permanent resident who is outside New Zealand: c: an individual who is assisting a person referred to in paragraph (a) or (b) (an assisting party 2: The Minister may lend money under subsection (1) if the Minister is satisfied that— a: a person referred to in subsection (1)(a) or (b) is in distress; and b: exceptional circumstances exist; and c: lending money would provide short-term assistance consistent with New Zealand’s consular functions. 3: The Minister may lend money under subsection (1) on any terms and conditions that the Minister sees fit. 4: If the Minister lends money under subsection (1), the amount payable by the borrower is recoverable in a court of competent jurisdiction as a debt due to the Crown. 5: In this section,— borrower a: received a loan under subsection (1); and b: has not fully repaid the amount payable under the loan permanent resident section 4 Section 12A inserted 5 April 2023 section 5 Foreign Affairs (Consular Loans) Amendment Act 2023 13: Prerogative of Crown not affected Nothing in this Act extinguishes any power or authority that, if this Act had not been passed, would be exercisable by virtue of the prerogative of the Crown. 1983 No 128 s 25 14: Consequential amendments, repeals, and savings 1: The enactments specified in Schedule 2 2: The following enactments are hereby repealed: a: the Foreign Affairs Act 1983 b: the Foreign Affairs Amendment Act 1988 3: Without limiting the provisions of the Acts Interpretation Act 1924 a: the repeal, by subsection (2) Foreign Affairs Act 1983 sections 30 and 32(1) of that Act section 25(2) of that Act section 32(6) of that Act b: the repeal, by subsection (2), of the Foreign Affairs Amendment Act 1988 sections 10 to 12 of that Act Section 14(1) amended 5 April 2023 section 7 Foreign Affairs (Consular Loans) Amendment Act 2023 15: Transitional provisions 1: Every determination made pursuant to section 10D or section 10G or section 10H of the Foreign Affairs Act 1983 2: Every person who, at the commencement of this Act, holds any position pursuant to section 10A or section 10C or section 10G of the Foreign Affairs Act 1983 section 14 of the Foreign Affairs Amendment Act 1988 3: 4: 5: 6: Section 15(3) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993 Section 15(4) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993 Section 15(5) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993 Section 15(6) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993

DLM128138

1988

Standards Act 1988

1: Short Title and commencement 1: This Act may be cited as the Standards Act 1988. 2: This Act shall come into force on 1 July 1988. 2: Interpretation In this Act, unless the context otherwise requires,— Council section 3 goods mark Minister New Zealand Standard Standards Act 1965 services specification description of, or instruction, requirement, statement, or principle relating to, goods a: a description of goods by reference to a mark on the goods: b: a model form of bylaws: c: a code of practice: d: a glossary of terms: e: definitions or symbols standard standard mark standards organisation 1965 No 59 s 2 1979 No 59 s 8(3) Section 2 financial year repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Minister substituted 1 December 1988 section 4(1) Trade and Industry Act Repeal Act 1988 Section 2 specification amended 26 September 2006 section 4 Standards Amendment Act 2006 2A: Act binds the Crown This Act binds the Crown. Section 2A inserted 26 September 2006 section 5 Standards Amendment Act 2006 Standards Council 3: Standards Council continued in existence 1: There shall continue to be a body known as the Standards Council. 2: The Council is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 3A: Members of the Council are the board for the purposes of the Crown Entities Act 2004 4: The Council is hereby declared to be the same body corporate as the body corporate of the same name existing immediately before the commencement of this Act under the Standards Act 1965 1965 No 59 s 3 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 Section 3(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004 4: Membership of Council 1: The Council shall consist of not more than 12 members of whom— a: not more than 4 b: not more than 8 shall be persons appointed by the Minister in accordance with subsection (2) or subsection (4). c: 2: When appointing members under subsection (1)(b), the Minister must appoint from nominations made by nominating bodies as set out in regulations made under section 26 3: Nothing in subsection (2) shall be construed as preventing any 2 or more of the bodies specified in the regulations 4: If insufficient nominations have been submitted to the Minister under subsection (2) within a period specified by the Minister, the Minister, to the extent of the insufficiency, may appoint any person or persons to be a member or members of the Council without nomination. 5: In appointing members of the Council, the Minister shall have regard to— a: their knowledge of and experience in management; and b: their knowledge of and experience in the development and use of standards. 6: 7: 1965 No 59 s 4 1972 No 103 s 2 Section 4(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1)(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(2) substituted 1 December 2006 section 6(1) Standards Amendment Act 2006 Section 4(3) amended 1 December 2006 section 6(2) Standards Amendment Act 2006 Section 4(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 5: Term of office of members Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004 6: Vacation of office Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 7: Chairperson and Deputy Chairperson Section 7 repealed 25 January 2005 section 200 Crown Entities Act 2004 8: Meetings of Council Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004 9: Remuneration and travelling allowances Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004 Functions and powers of Council 10: Functions of Council 1: The primary functions of the Council shall be to develop standards and to promote, encourage, and facilitate the use of standards in New Zealand with the object of— a: improving the quality of goods or services, having regard to economy in their production or supply; or b: promoting standardisation in industry, trade, or commerce; or c: encouraging and facilitating industrial development, trade, or commerce; or d: promoting public or occupational safety, health, or welfare ; or e: minimising environmental risks; or f: promoting social responsibility. 2: Without limiting the effect of subsection (1), the Council's functions shall include the following: a: to prepare draft standards and, when satisfactory to the Council, to approve and promulgate them as New Zealand standards: b: to examine standards of other standards organisations and, if the Council considers it appropriate, to adopt and promulgate them (with or without modification) as New Zealand standards or to endorse them as suitable for use in New Zealand: c: to examine New Zealand standards and, if the Council considers it appropriate, to revoke them or approve and promulgate standards to replace or modify them: ca: to recommend specifications other than standards: d: to undertake and promote research and educational work in connection with the development and use of standards and other specifications e: to adopt and regulate the use of standard marks in relation to goods, services, processes, or practices: f: to register under the Trade Marks Act 2002 g: to co-operate with other standards organisations and organisations or persons with similar or related functions with a view to furthering the functions of the Council, and to become a member of or affiliate to any such organisation as the Council considers appropriate: h: to co-operate and promote New Zealand's participation in the preparation of international standards and other specifications i: to perform any other functions conferred on it by or under this or any other enactment or that the Minister may direct it to perform in accordance with section 112 3: The Council shall, as part of its processes leading to the approval, adoption, endorsement, or revocation of standards, invite public comment and consult and co-operate with Government and local government bodies, persons engaged in industry, trade, and commerce, consumer groups, and other persons with a view to ensuring as far as reasonably practicable that the Council's decisions with respect to the approval, adoption, endorsement, or revocation of any standard are supported by the bodies and persons having an interest in the standard. 4: If any New Zealand standard is cited in any Act or regulation, the Council shall not amend, revise, revoke, or replace that standard except with the approval of the Minister who is for the time being charged with the administration of the Act or regulation. 1965 No 59 ss 16, 17 Section 10(1)(d) amended 26 September 2006 section 7(1) Standards Amendment Act 2006 Section 10(1)(e) added 26 September 2006 section 7(1) Standards Amendment Act 2006 Section 10(1)(f) added 26 September 2006 section 7(1) Standards Amendment Act 2006 Section 10(2)(ca) inserted 26 September 2006 section 7(2) Standards Amendment Act 2006 Section 10(2)(d) amended 26 September 2006 section 7(3) Standards Amendment Act 2006 Section 10(2)(f) amended 20 August 2003 section 201 Trade Marks Act 2002 Section 10(2)(h) amended 26 September 2006 section 7(4) Standards Amendment Act 2006 Section 10(2)(i) amended 26 September 2006 section 7(5) Standards Amendment Act 2006 11: Additional powers of Council 1: The Council may make grants or advances of money, on any conditions that it thinks fit, or pay any fee or subscription, to any organisation or person with similar or related functions or carrying out work related to that of the Council. 2: This section does not limit sections 16 17 Section 11 substituted 25 January 2005 section 200 Crown Entities Act 2004 12: Officers and employees of Council Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004 13: Superannuation and retiring allowances 1: For the purpose of providing superannuation or retiring allowances for its officers or employees, the Council may from time to time pay sums of money by way of subsidy into any scheme under the National Provident Fund Act 1950 2: Notwithstanding anything in this Act, any person who, immediately before becoming an officer or employee of the Council, is a contributor to the Government Superannuation Fund under Part 2 Part 2A 3: For the purposes of the Government Superannuation Fund Act 1956 4: Subject to the Government Superannuation Fund Act 1956 1965 No 59 s 18(4) Section 13(1) amended 25 January 2005 section 200 Crown Entities Act 2004 14: Personal liability of members, etc Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions 15: Funds and resources of Council Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004 16: Bank accounts Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 17: Investment and borrowing Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004 18: Local authorities and public bodies may contribute to Council's funds For the purpose of providing funds for the performance of the functions of the Council, any local authority or public body may from time to time make grants out of its general funds to the Council of such amounts as it thinks fit. 1965 No 59 s 40 19: Accounts Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004 19A: Crown entity Section 19A repealed 25 January 2005 section 200 Crown Entities Act 2004 20: Exemption from taxation The Council shall be exempt from 1965 No 59 s 36 Section 20 amended 25 January 2005 section 200 Crown Entities Act 2004 Annual report Heading repealed 25 January 2005 section 200 Crown Entities Act 2004 21: Annual report Section 21 repealed 25 January 2005 section 200 Crown Entities Act 2004 New Zealand standards and other Acts, regulations, and bylaws 22: Regulations, etc, may be made by referring to or incorporating New Zealand standards 1: Where regulations or bylaws may be made under any Act prescribing, defining, or making other provision in relation to goods, services, processes, or practices of any kind, any such regulation or bylaw may be made by referring to or incorporating in whole or in part, and with or without modification, any New Zealand standard relating to goods, services, processes, or practices of that kind. 2: Where a bylaw is made or proposed to be made by referring to a New Zealand standard,— a: no resolution making the bylaw and no copy of the bylaw shall be deemed to be complete unless it has attached to it a copy of the standard or the part of the standard referred to (together with any text that the standard or part incorporates by reference) and states or shows any modification made to it by the person or body making the bylaw: b: the object or purport of the bylaw shall be deemed to be sufficiently stated for the purposes of any enactment requiring that public notice be given of it if the notice refers to the standard by the title and number given to it by the Council and, in the case of a bylaw referring to part only of a standard, states the number and heading of the part referred to. 1965 No 59 ss 26, 27 23: Citation of New Zealand standards A New Zealand standard may (without prejudice to any other mode of citation) be cited in an Act, regulation, or bylaw by the title and number given to it by the Council, and any such citation shall (unless the context otherwise requires) be deemed to include and refer to the latest New Zealand standard with that citation (together with any modifications to it) promulgated by the Council before the Act was passed or the regulation or bylaw made. 1965 No 59 s 28(1) 24: References to New Zealand standards in other Acts, etc A reference in any other Act or in a regulation or bylaw to a standard, standard specification, or New Zealand standard declared or promulgated by the Council whether under this Act or the Standards Act 1965 Proof of New Zealand standards 25: Proof of New Zealand standards 1: The fact that any specification has been approved or adopted by the Council and promulgated as a New Zealand standard shall, in the absence of proof to the contrary, be sufficient evidence that it is a New Zealand standard made and promulgated in accordance with the requirements of this Act. 2: Without affecting any other method of proof, the production in any proceedings of a copy of a specification purporting to be a New Zealand standard shall be sufficient evidence thereof in the absence of proof to the contrary. 1965 No 59 ss 23(5), 28(2) Regulations Heading substituted 26 September 2006 section 8 Standards Amendment Act 2006 26: Regulations The Governor-General may, by Order in Council, make regulations that provide for the way in which nominations and appointments may be made under section 4(2) Section 26 substituted 26 September 2006 section 8 Standards Amendment Act 2006 Amendments and repeals 27: Amendment to Higher Salaries Commission Act 1977 Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004 28: Amendment to Flags, Emblems, and Names Protection Act 1981 Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004 29: Consequential amendment to Local Authorities (Members' Interests) Act 1968 Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004 30: Consequential amendment to Public Bodies Contracts Act 1959 Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 31: Repeals The enactments specified in the Schedule

DLM137545

1988

Trade and Industry Act Repeal Act 1988

1: Short Title and commencement 1: This Act may be cited as the Trade and Industry Act Repeal Act 1988. 2: This Act shall come into force on 1 December 1988. 2: Interpretation In this Act, unless the context otherwise requires,— responsible department of State responsible Minister of the Crown 3: Savings 1: Every reference in any document to the Minister of Trade and Industry shall hereafter, unless the context otherwise requires, be read as a reference to the responsible Minister of the Crown. 2: Every reference in any document to the Secretary of Trade and Industry shall, unless the context otherwise requires, be read as a reference to the chief executive of the responsible department of State. 3: Every reference in any document to the Department of Trade and Industry shall, unless the context otherwise requires, be read as a reference to the responsible department of State. 4: Where, before the commencement of this Act, the Minister of Trade and Industry or any officer of the Department of Trade and Industry in relation to the conduct of the affairs of that Ministry, has— a: become a party to any proceedings whatever; or b: initiated any action under the authority of any statutory provision formerly administered by the Department of Trade and Industry— then such action or proceedings may be continued, completed, and enforced by or against the responsible Minister. 5: Any consent, licence, permit, approval, remission, given or granted by the Minister of Trade and Industry or the Secretary of Trade and Industry shall, unless the context otherwise requires, continue in force until amended, transferred, modified or revoked by the responsible Minister of the Crown or the chief executive of the responsible department of State. 4: Consequential amendments and repeals 1: The enactments specified in Schedule 1 2: The Radio Regulations 1987 Telecommunications (Licensing of Links) Regulations 1987 3: The Weights and Measures Regulations 1987 4: The enactments specified in Schedule 2 5: The regulations specified in Schedule 3

DLM132516

1988

Petroleum Sector Reform Act 1988

1: Short Title and commencement 1: This Act may be cited as the Petroleum Sector Reform Act 1988. 2: Subject to subsection (3), this Act shall come into force on 9 May 1988. 3: Sections 1 4 5 2: Payment of loans in respect of oil refinery expansion 1: The Minister of Finance may, from time to time, make payments to Lloyds Bank International Limited in repayment of loans raised to finance the expansion of the Marsden Point refinery, being— a: the loan of US$500,000,000 pursuant to the agreement dated 16 May 1980; and b: the loan of US$750,000,000 pursuant to the agreement dated 13 October 1982. 2: Any arrangement between the Crown and The New Zealand Refining Company Limited or between the Crown and any other person (whether contractually binding or not), which purports to confer any rights on The New Zealand Refining Company Limited to receive or to have the benefit of any sum equivalent to the cash flow (net of tax) which it would have received if the 20% regional investment allowance under section 119 of the Income Tax Act 1976 3: Application of Income Tax Act 2007 1: The old financial arrangements rules of the Income Tax Act 2007 a: agreements for the provision of funds to meet payments in respect of loans, being the loans specified in section 2(1) i: 10 October 1986; and ii: 22 December 1986; and iii: 9 April 1987; and iv: 8 July 1987; and v: 8 October 1987; and vi: 21 December 1987; and vii: 16 February 1988; and viii: 7 April 1988; and b: any payments made pursuant to section 2(1) 2: Notwithstanding any other enactment or rule of law, the Commissioner of Inland Revenue shall assess The New Zealand Refining Company Limited's liability for income tax under the Income Tax Act 2007 a: the loans specified in section 2(1) b: The New Zealand Refining Company Limited had never received or expended the amounts specified in section 2(1) c: any payments (whether in repayment of principal or interest) made in respect of the loans specified in section 2(1) d: the agreements specified in subsection (1)(a) had never been made. 3: Notwithstanding any other enactment or rule of law, The New Zealand Refining Company Limited is denied a deduction under the Income Tax Act 2007 4: The New Zealand Refining Company Limited's income for the purposes of the Income Tax Act 2007 a: any amounts paid by the Minister of Finance pursuant to section 2(1) b: any amounts paid to The New Zealand Refining Company Limited by BP Oil New Zealand Limited, Caltex Oil (NZ) Limited, Europa Oil NZ Limited, Mobil Oil New Zealand Limited, and Shell Oil New Zealand Limited for the purpose of repaying the loans (both as to principal and interest) specified in section 2(1) Section 3 heading substituted 1 April 2005 section YA 2 Income Tax Act 2004 Section 3 heading amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 3(1) amended 1 April 1995 Income Tax Act 1994 Section 3(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(3) substituted 1 April 2005 section YA 2 Income Tax Act 2004 Section 3(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(4) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(4) amended 1 April 2005 section YA 2 Income Tax Act 2004 4: Winding up of Motor Spirits Licensing Authority's operations Having regard to the provisions of section 5 a: the Motor Spirits Licensing Authority shall do all in its power to provide for the winding up of the Authority and, in particular, for securing the payment of all money owed by the Authority, and the recovery of debts due to the Authority or otherwise payable under the Motor Spirits Distribution Act 1953 b: the Secretary of Trade and Industry shall cause to be prepared final accounts of the Motor Spirits Industry Account as at the close of 8 May 1988. 5: Dissolution of Authority 1: On 9 May 1988,— a: the Motor Spirits Licensing Authority shall be dissolved and the term of office of every member of the Authority shall cease: b: all real and personal property held by the Motor Spirits Licensing Authority shall become vested in the Crown, subject to all liabilities, charges, and obligations: c: all money belonging to the Motor Spirits Industry Account established pursuant to section 41 of the Motor Spirits Distribution Act 1953 d: all money payable to the Motor Spirits Licensing Authority shall become payable to the Crown: e: all rights, constraints, obligations, and liabilities of the Motor Spirits Licensing Authority shall become the rights, constraints, obligations, and liabilities of the Crown: f: all proceedings pending by or against the Motor Spirits Licensing Authority may be carried on, completed, or enforced by or against the Crown: g: the Motor Spirits Licensing Appeal Authority shall be dissolved and the term of office of the person appointed to be the Motor Spirits Licensing Appeal Authority for the time being shall cease: h: the enactments specified in Schedule 1 i: the regulations and orders specified in Schedule 2 2: Fees in respect of wholesalers' or retailers' licences that, on 1 April 1988, but for this subsection, would have been payable under section 25A of the Motor Spirits Distribution Act 1953 6: Amendments to Ministry of Energy Act 1977 Amendment(s) incorporated in the Act(s)

DLM128760

1988

Goods and Services Tax Amendment Act (No 2) 1988

1: Short Title and commencement 1: This Act may be cited as the Goods and Services Tax Amendment Act (No 2) 1988, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 (hereinafter referred to as the principal Act). 2: This Act shall come into force on the 17th day of March 1988. 2: 1: This subsection substituted section 15 section 15A 2: 3: 4: 5: 6: 7: 8: 9: Section 13 of the Goods and Services Tax Amendment Act 1986 section 14 of the Goods and Services Tax Amendment Act 1988 10: For the purposes of sections 15 15A subsection (1) a: Any registered person who has been determined to be in any taxable period category before the commencement of this Act shall continue in that category, unless and until that person's category is changed pursuant to section 15A b: The reference in subsection (5)(a)

DLM135073

1988

Imperial Laws Application Act 1988

1: Short Title and commencement 1: This Act may be cited as the Imperial Laws Application Act 1988. 2: This Act shall come into force on 1 January 1989. 2: Interpretation In this Act, unless the context otherwise requires,— Imperial enactment Imperial subordinate legislation Schedule 2 3: Application of Imperial enactments and Imperial subordinate legislation as part of laws of New Zealand 1: The Imperial enactments listed in Schedule 1 Schedule 2 2: After the commencement of this Act, every provision of the Imperial enactments and Imperial subordinate legislation referred to in subsection (1) shall have the same effect as part of the laws of New Zealand as it had immediately before the commencement of this Act. 3: Notwithstanding anything in subsection (2), it is hereby declared that the Accession Declaration Act 1910 4: 5: Subject to section 6 Schedule 2 6: Where— a: any Imperial subordinate legislation listed in Schedule 2 b: it is declared that any such Imperial subordinate legislation shall cease to have effect as part of the laws of New Zealand,— the Governor-General may, by Order in Council, make such consequential amendments to that schedule as may be necessary to give effect to that revocation or declaration. 7: An order under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and 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(4) repealed 1 November 1999 section 37 Interpretation Act 1999 Section 3(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 4: Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand 1: After the commencement of this Act, no Imperial enactments passed before the commencement of this Act (other than those listed in Schedule 1 Schedule 2 2: Nothing in subsection (1) applies in respect of any Order in Council made under the provisions of the Extradition Acts 1870 to 1935 of the United Kingdom Parliament and that had effect as part of the laws of New Zealand immediately before the commencement of this Act by virtue of section 21 of the Extradition Act 1965 and is continued in effect by section 104(2) 3: Nothing in subsection (1) affects the question whether any provision of any Imperial enactment or Imperial subordinate legislation was part of the laws of New Zealand at any time before the commencement of this Act. 4: Section 4(2) amended 1 September 1999 section 111 Extradition Act 1999 Section 4(4) repealed 28 October 2021 section 8 Legislation (Repeals and Amendments) Act 2019 5: Application of common law of England After the commencement of this Act, the common law of England (including the principles and rules of equity), so far as it was part of the laws of New Zealand immediately before the commencement of this Act, shall continue to be part of the laws of New Zealand. 1908 No 55 s 2 6: Power to make subordinate legislation under Imperial enactments part of laws of New Zealand 1: Where, after the commencement of this Act, any Imperial enactment that is part of the laws of New Zealand confers power on the Sovereign to make subordinate legislation,— a: any subordinate legislation that is made, after the commencement of this Act, pursuant to that power and that purports to have effect as part of the laws of New Zealand shall have such effect,— i: in the case of subordinate legislation that relates to the Judicial Committee of the Privy Council (other than any such subordinate legislation that relates solely to New Zealand), if it is made by the Sovereign in his or her Privy Council, or by the Sovereign acting by and with the advice and consent of the Executive Council: ii: in any other case, if it is made by the Sovereign in right of New Zealand acting by and with the advice and consent of the Executive Council: b: the Governor-General in Council shall have and may exercise that power for the purpose of making subordinate legislation that has effect as part of the laws of New Zealand. 2: Except as provided by subsection (1), no Imperial subordinate legislation made after the commencement of this Act shall have effect as part of the laws of New Zealand. 6A: Application of Legislation Act 2019 to Imperial legislation 1: For the purposes of the Legislation Act 2019 Act 2: For the purposes of the Legislation Act 2019 secondary legislation see Legislation Act 2019 3: For the purposes of applying the Legislation Act 2019 a: if the effect of the Imperial enactment or Imperial subordinate legislation, as part of the laws of New Zealand, is modified, the modification must be treated as an amendment: b: if the Imperial enactment or Imperial subordinate legislation ceases to have effect, as part of the laws of New Zealand, the cessation must be treated as a repeal or revocation: c: an order made under section 82 i: does not revoke it; but ii: declares that it ceases to have effect as part of the laws of New Zealand. 4: Subsections (1) to (3) apply unless— a: the legislation provides otherwise; or b: the context of the legislation requires a different interpretation. Section 6A inserted 28 October 2021 section 9 Legislation (Repeals and Amendments) Act 2019 7: Repeal The English Laws Act 1908 is hereby repealed.

DLM136706

1988

Development Finance Corporation of New Zealand Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Development Finance Corporation of New Zealand Amendment Act 1988, and shall be read together with and deemed part of the Development Finance Corporation of New Zealand Act 1986 2: Sections 3 12 3: Sections 4 9 10 13 15(4) (5) (6) (7) Minister of Commerce Gazette Minister of Commerce 4: Except as provided in subsections (2) (3) Subsection (3) amended 1 December 1988 4(1) Trade and Industry Act Repeal Act 1988 by substituting the words Minister of Commerce Minister of Trade and Industry 2: Object The principal object of this Act is to remove the prohibition contained in section 8 Minister of Commerce section 4 This section amended 1 December 1988 4(1) Trade and Industry Act Repeal Act 1988 by substituting the words Minister of Commerce Minister of Trade and Industry 3: 4: 5: 6: 7: References to Development Finance Corporation in other enactments 1: This subsection substituted s 12 2: Nothing in subsection (1) Schedule 3 Flags, Emblems, and Names Protection Act 1981 section 19 8: 9: Repeal of provision relating to appointment of Audit Office as auditor of company and subsidiaries 1: This subsection repealed section 14 2: On the date on which this section comes into force— a: The Audit Office shall cease to be the auditor of the company and of every subsidiary of the company: b: Any person or firm holding office as an additional auditor of the company or any subsidiary of the company under section 14(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 10: Repeal of provision relating to annual report and accounts 1: 2: Section 2 of the Development Finance Corporation of New Zealand Amendment Act 1987 11: 12: 13: Section 13 repealed 1 April 1995 Income Tax Act 1994 See section 31 Taxation Review Authorities Act 1994 (1994 No 165) 14: Amendment to Schedule 3 Flags, Emblem, and Names Protection Act 1981 1: The Flags, Emblems, and Names Protection Act 1981 section 19(1) Development Finance Corporation of New Zealand Act 1986 2: Schedule 1 Flags, Emblems, and Names Protection Act 1981 15: Amendment to Schedule 1 Official Information Act 1982 1: Schedule 1 Official Information Act 1982 section 23(1) Official Information Amendment Act 1987 Development Finance Corporation of New Zealand DFC New Zealand Limited 2: Schedule 1 Official Information Act 1982 3: The Official Information Order 1987 is hereby deemed to have been revoked on the 24th day of April 1987. 4: Schedule 1 Official Information Act 1987 section 23(1) Official Information Amendment Act 1987 subsection (1) DFC New Zealand Limited 5: Without limiting subsection (4) Official Information Act 1982 section 48 6: Subsection (1) 7: Nothing in subsection (6) subsection (1) Schedule 1 Official Information Act 1982 section 23(1) Official Information Amendment Act 1987

DLM136197

1988

Law Practitioners Amendment Act 1988

1: Short Title This Act may be cited as the Law Practitioners Amendment Act 1988, and shall be read together with and deemed part of the Law Practitioners Act 1982 2: Solicitors in practice to pay fees into fund 1: This subsection substituted section 165 2: Notwithstanding subsection (1) subsection (1) subsection (1) section 165(1) subsection (1) 3: 4:

DLM139239

1988

Carter Observatory Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Carter Observatory Amendment Act 1988, and shall be read together with and deemed part of the Carter Observatory Act 1938 2: This Act shall come into force on the 1st day of April 1989. 2: Constitution of Board 1: This subsection substituted s 5 2: Section 2 of the Carter Observatory Amendment Act 1981 3: Notwithstanding anything in the principal Act, all persons holding office as members of the Board at the expiry of the 31st day of March 1989 shall be deemed to have vacated office with effect from that time. 3:

DLM128780

1988

Government Superannuation Fund Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Government Superannuation Fund Amendment Act 1988, 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 1988. 1: Adjustments 2: Beneficiary's date of qualification for adjustments 1: This subsection substituted Schedule 3 2: The following enactments are hereby consequentially repealed: a: Section 5(1A) and (1B) date of qualification section 7(1) section 7(2) section 7(5) and (6) b: Section 5 c: Section 13(3) d: Section 15(2) section 33(3) and (6) e: Section 7 3: No person shall be entitled, by reason of the enactment of this section, to any increased payment in respect of any retiring allowance that was paid or is payable in respect of any period before the 28th day of April 1988. 3: Limit on increased retiring allowance payable 1: Except as provided in subsection (2) of this section, this section applies to any person— a: To whom a retiring allowance is payable under Part 2 Part 3 b: Whose retiring allowance becomes or became payable at any time before the date on which that person attains or attained the age of 60 years. 2: This section does not apply to any person to whom a retiring allowance is payable under section 36 section 69 3: The annual rate of the retiring allowance payable to any person to whom this section applies shall not, by reason of the enactment of section 2 one thousand dollars section 2 4: The Governor-General may, from time to time by Order in Council, increase the amount specified in subsection (3) of this section with effect from any date specified in the Order. 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. Subsection (3) amended 1 July 2004 clause 2(1) Government Superannuation Fund (Increased Amount in Respect of Adjustments) Order 2004 by substituting the words one thousand dollars five hundred dollars See clause 2(2) Section 3(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 4: Special provision in relation to annuities 1: For the purpose of calculating any annuity payable under section 45(2) or (3) section 2 section 36 section 69 section 3 2: No person shall be entitled, by reason of the enactment of this section, to any increased payment in respect of any annuity that was paid or is payable in respect of any period before the 28th day of April 1988. 2: Miscellaneous amendments 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: 17: 18: 19: 20: 21:

DLM126527

1988

Protection of Personal and Property Rights Act 1988

1: Short Title and commencement 1: This Act may be cited as the Protection of Personal and Property Rights Act 1988. 2: This Act shall come into force on 1 October 1988. 2: Interpretation In this Act, unless the context otherwise requires,— attorney child court a: for the purposes of Part 9A section 108A b: for any other purpose of this Act, means the Family Court manager section 31 section 32 section 33 section 11 medical practitioner section 114(1)(a) parent A person subject to a property order section 32 section 33 personal order section 10 section 11 section 12 section 14 property property order section 31 section 30 psychologist section 114(1)(a) relative a: the spouse, civil union partner, or de facto partner of that person; and b: a parent or grandparent of that person or of the spouse or other person referred to in paragraph (a); and c: a child or grandchild of that person or of the spouse or other person referred to in paragraph (a); and d: a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of the full-blood or of the half-blood; and e: an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a): f: a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a) social worker department for the time being responsible for the administration of the Oranga Tamariki Act 1989 trustee corporation Māori Trustee Public Trust Trustee Companies Act 1967 welfare guardian section 12 Section 2 court substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 2 court amended 1 March 2017 section 261 District Court Act 2016 Section 2 medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 parent substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 psychologist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 relative paragraph (a) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 social worker substituted 1 April 1990 section 36(5) Social Welfare (Transitional Provisions) Act 1990 Section 2 social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2 social worker amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 trustee corporation amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 2 trustee corporation amended 1 March 2002 section 170(1) Public Trust Act 2001 3: Act binds the Crown This Act shall bind the Crown. 4: Legal capacity of persons subject to orders under this Act Except as provided by or under this Act or any other enactment, the rights, privileges, powers, capacities, duties, and liabilities of any person subject to an order under this Act whether in a personal, official, representative, or fiduciary capacity, shall, for all the purposes of the law of New Zealand (whether substantive, procedural, evidential, or otherwise), be the same as those of any other person. 4A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 14 November 2018 section 152 Courts Matters Act 2018 1: Personal rights 5: Presumption of competence For the purposes of this Part, every person shall be presumed, until the contrary is proved, to have the capacity— a: to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; and b: to communicate decisions in respect of those matters. 6: Jurisdiction of court under this Part 1: Subject to subsection (2), a court shall have jurisdiction under this Part in respect of any person who is ordinarily resident in New Zealand and who— a: lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or b: has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters. 2: Subject to section 12(3) a: is not, and never has been, married or in a civil union; or b: is 16 years old or older and is not living, and never has lived, with another person as a de facto partner. 3: The fact that the person in respect of whom the application is made for the exercise of the court's jurisdiction has made or is intending to make any decision that a person exercising ordinary prudence would not have made or would not make given the same circumstances is not in itself sufficient ground for the exercise of that jurisdiction by the court. Section 6(2) substituted 1 July 2005 section 151 Care of Children Act 2004 7: Persons who may apply for exercise of court's jurisdiction Any 1 or more of the following persons may apply to a court for the exercise of its jurisdiction under this Part: a: a person who seeks the exercise of the court's jurisdiction in respect of himself or herself: b: a relative or an attorney of the person in respect of whom the application is made: c: a social worker: d: a medical practitioner: e: a representative of any group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the welfare of persons in relation to whom the court has jurisdiction in accordance with section 6 f: where the exercise of the court's jurisdiction is sought in respect of any person who is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001 g: where the exercise of the court's jurisdiction is sought in respect of any person subject to a property order, the manager of that person's property: h: any other person, with leave of the court. Section 7(f) substituted 25 September 2008 section 4 Protection of Personal and Property Rights Amendment Act 2007 8: Primary objectives of court in exercise of jurisdiction under this Part The primary objectives of a court on an application for the exercise of its jurisdiction under this Part shall be as follows: a: to make the least restrictive intervention possible in the life of the person in respect of whom the application is made, having regard to the degree of that person's incapacity: b: to enable or encourage that person to exercise and develop such capacity as he or she has to the greatest extent possible. 9: Course to be followed by court 1: In considering an application for the exercise of its jurisdiction under this Part, a court shall determine whether or not the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 6 2: If the court is satisfied that the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 6 section 10 section 11 section 12 section 8 10: Kinds of order 1: On an application for the exercise of a court's jurisdiction under this Part in respect of any person, the court may a: b: an order that any parent of the person make suitable arrangements for the personal care of the person after the parent's death: c: an order that the arrangements made by any parent of the person for the personal care of the person after the parent's death be observed, or be varied in any particular specified in the order: d: an order that the person shall enter, attend at, or leave an institution specified in the order, not being a psychiatric hospital or a licensed institution under the Mental Health Act 1969 e: an order that the person be provided with living arrangements of a kind specified in the order: f: an order that the person be provided with medical advice or treatment of a kind specified in the order: g: an order that the person be provided with educational, rehabilitative, therapeutic, or other services of a kind specified in the order: h: an order that the person shall not leave New Zealand without the permission of the court, or shall leave New Zealand only on conditions specified in the order: i: an order appointing a person named in the order as next friend or guardian ad litem the District Court or the Family Court j: an order under section 11 k: an order under section 12 1A: Subsection (1) is subject to subsections (2) and (2B). 2: No person (other than the person in respect of whom the application is made) shall be bound by a personal order unless that person is a party to the proceedings in which the order is made. 2A: No order under section 10(1)(i) may be applied for by any person, or made by the court, solely for the purpose of the commencement of proceedings under the Family Violence Act 2018 2B: Subsection (2A) overrides any contrary provisions of this Act. 3: In any order made under any of paragraphs (a) to (i) of subsection (1), the court may specify a date by which the order is to be reviewed by the court; and, if it does so, the court shall also specify in the order the person or persons who is or are to be responsible for applying to the court for a review of the order before the specified date. 4: Where a court makes any personal order, it may also make such other orders and give such directions as may be necessary or expedient to give effect, or better effect, to the personal order. Section 10(1) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 10(1)(a) repealed 28 March 2007 section 11 Disabled Persons Employment Promotion Repeal Act 2007 Section 10(1)(i) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 10(1)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 10(1A) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 10(2A) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 10(2B) inserted 1 July 2019 section 259(1) Family Violence Act 2018 11: Order to administer property 1: Where, on an application to a court for the exercise of its jurisdiction under this Part,— a: the person in respect of whom the application is made is not subject to a property order; and b: the court considers that the making of a property order or the giving of a direction under section 64(3) section 8 c: the court considers the making of an order under this section necessary in all the circumstances,— the court may, subject to subsection (2), by order, appoint any person (but only 1 person) named in the order to administer, on behalf of the person in respect of whom the application is made, any property or income or benefit, belonging to the person or to which that person is or may become entitled, and specified in the order. 2: No order may be made under this section in respect of either— a: any item of property that exceeds $5,000 b: any income or benefit in excess, in any one year, of $20,000, or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this paragraph. 3: Every person who administers any property, income, or benefit pursuant to an order made under this section shall do so in such a way as to enable or encourage the person for whom he or she is acting to exercise and develop such capacity as that person has to the greatest extent possible. 4: In any order made under this section, the court shall specify a date, being not later than 3 years after the date of the order, by which the person appointed to administer the property is required to apply to the court for a review of the order. 5: The provisions of subsections (3) to (7) of section 31 sections 37 43 44 49 50 section 52 6: An Order in Council under subsection (2)(a) or (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 11(2) substituted 28 July 1997 section 2 Protection of Personal and Property Rights Amendment Act 1997 Section 11(2)(a) amended 1 August 2007 clause 3 Protection of Personal and Property Rights Order 2007 Section 11(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 12: Court may appoint welfare guardian 1: Subject to the succeeding provisions of this section, on an application for the exercise of a court's jurisdiction under this Part, the court may make an order appointing a welfare guardian for the person in respect of whom the application is made in relation to such aspect or aspects of the personal care and welfare of that person as the court specifies in the order. 2: A court shall not make an order under subsection (1) unless it is satisfied— a: that the person in respect of whom the application is made wholly lacks the capacity to make or to communicate decisions relating to any particular aspect or particular aspects of the personal care and welfare of that person; and b: that the appointment of a welfare guardian is the only satisfactory way to ensure that appropriate decisions are made relating to that particular aspect or those particular aspects of the personal care and welfare of that person. 3: A court may make an order under subsection (1) in respect of a person of the kind referred to in section 6(2) a: no parent or guardian of that person is then living; or b: no parent or guardian of that person is in regular contact with that person, and the court is satisfied in all the circumstances that it would be in the interests of that person to appoint a welfare guardian for that person. 4: No person under the age of 20 years, and no body corporate, shall be appointed a welfare guardian under this section. 5: A court shall not appoint any person as a welfare guardian under this section unless it is satisfied— a: that the proposed appointee is capable of carrying out the duties of a welfare guardian in a satisfactory manner, having regard to the needs of the person in respect of whom the application is made, and the relationship between that person and the proposed appointee; and b: that the proposed appointee will act in the best interests of the person in respect of whom the application is made; and c: that there is unlikely to be any conflict between the interests of the proposed appointee and those of the person in respect of whom the application is made; and d: the proposed appointee consents to the appointment. 6: The court must not appoint more than 1 welfare guardian for any person unless the court is satisfied that it would be in the best interests of the person to do so. 6A: If the court appoints more than 1 welfare guardian for the same person, those welfare guardians must regularly consult each other. 7: So far as is practicable in the circumstances, a court shall ascertain the wishes of the person in respect of whom the application is made when determining whom to appoint as welfare guardian under this section. 8: In any order under this section, the court shall specify a date, being not later than 3 years after the date of the order, by which the welfare guardian is required to apply to the court for a review of the order. Section 12(3) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 12(6) replaced 14 November 2018 section 153 Courts Matters Act 2018 Section 12(6A) inserted 14 November 2018 section 153 Courts Matters Act 2018 13: Court may make recommendations instead of order 1: On an application for the exercise of a court's jurisdiction under this Part, the court may, instead of making any order under sections 10 to 12 2: In any case to which subsection (1) applies, the court shall formally dismiss the application but shall reserve leave to the parties and the person in respect of whom the application is made to apply to the court for directions relating to the implementation of any of the court's recommendations. 3: No recommendation made under this section shall be binding on any person. 14: Interim orders 1: On an application to a court for the exercise of its jurisdiction under this Part, the court may, either on the motion of the applicant or of its own motion, make an interim order under section 10 section 11 section 12 2: Every party to the application, and the person in respect of whom the application is made, shall be given notice of any interim order made pursuant to this section, and shall be entitled to be heard on it. 3: No interim order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made. 4: An interim order made pursuant to this section may be varied, discharged, or enforced in the same manner as if it were a final order of the Family Court 5: After hearing the parties, and the person in respect of whom the application is made, on any interim order made pursuant to this section, or such of them as wish to be heard, the court may— a: make 1 but only 1 further interim order; or b: make a final order; or c: dismiss the application. Section 14(4) amended 1 March 2017 section 261 District Court Act 2016 15: Orders by consent On an application for the exercise of a court's jurisdiction under this Part, the court may make any order under section 10 section 11 section 12 section 14 16: Persons subject to property order 1: Where an application for the exercise of a court's jurisdiction under this Part is made in respect of any person subject to a property order, any order made by the court under section 10 section 12 section 14 Part 4 2: In any case to which subsection (1) applies, the manager may apply to a court for the variation, suspension, or discharge of the personal order, or for directions relating to its implementation. 17: Expiry of orders 1: Except as provided in subsections (2) and (3), a personal order shall expire— a: on the date, or at the close of the period, specified in that behalf by the court in the order; or b: if no such provision is made in the order,— i: on the expiry of a period of 12 months beginning with the date of the order; or ii: when the effect of the order is spent,— whichever is the earlier. 2: Subject to subsection (3), every personal order in which provision is made for the review of the order before a specified date shall expire on that date unless, on a review of the order, the court decides that it should continue beyond that date. 3: Where, in any case to which subsection (2) applies, an application for a review of the order is made but not determined before the specified date, the order shall remain in force pending the determination of the application. 2: Welfare guardians 18: Powers and duties of welfare guardian 1: No court shall empower a welfare guardian, and no welfare guardian shall have power,— a: to make any decision relating to the entering into marriage or civil union or civil union b: to make any decision relating to the adoption of any child of that person; or c: to refuse consent to the administering to that person of any standard medical treatment or procedure intended to save that person's life or to prevent serious damage to that person's health; or d: to consent to the administering to that person of electro-convulsive treatment; or e: to consent to the performance on that person of any surgery or other treatment designed to destroy any part of the brain or any brain function for the purpose of changing that person's behaviour; or f: to consent to that person's taking part in any medical experiment other than one to be conducted for the purpose of saving that person's life or of preventing serious damage to that person's health; or g: to request, on behalf of the person, the option of receiving assisted dying under the End of Life Choice Act 2019 2: Subject to subsection (1), a welfare guardian shall have all such powers as may be reasonably required to enable the welfare guardian to make and implement decisions for the person for whom the welfare guardian is acting in respect of each aspect specified by the court in the order by which the appointment of the welfare guardian is made. 3: In exercising those powers, the first and paramount consideration of a welfare guardian shall be the promotion and protection of the welfare and best interests of the person for whom the welfare guardian is acting, while seeking at all times to encourage that person to develop and exercise such capacity as that person has to understand the nature and foresee the consequences of decisions relating to the personal care and welfare of that person, and to communicate such decisions. 4: Without limiting the generality of subsection (3), a welfare guardian shall— a: encourage the person for whom the welfare guardian is acting to act on his or her own behalf to the greatest extent possible; and b: seek to facilitate the integration of the person for whom the welfare guardian is acting into the community to the greatest extent possible; and c: consult, so far as may be practicable,— i: the person for whom the welfare guardian is acting; and ii: such other persons, as are, in the opinion of the welfare guardian, interested in the welfare of the person and competent to advise the welfare guardian in relation to the personal care and welfare of that person; and iii: a representative of any group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the welfare of persons in respect of whom the court has jurisdiction in accordance with section 6 5: In addition to subsection (4)(c), where the person for whom the welfare guardian is acting is subject to a property order, the welfare guardian shall consult on a regular basis with the manager of that person's property to ensure that the interests of that person are not prejudiced through any breakdown in communication between the welfare guardian and the manager. 6: A welfare guardian may apply to a court for directions relating to the exercise of the powers of the welfare guardian, and the court may give such directions as it thinks fit. Section 18(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 18(1)(g) inserted 6 November 2021 section 41 End of Life Choice Act 2019 19: Effect of welfare guardian's decisions, etc 1: Every decision made by a welfare guardian in the exercise of the powers conferred by or under this Part, and everything done by a welfare guardian in implementation of any such decision, shall have the same effect as it would have had if it had been made or done by the person for whom the welfare guardian is acting and that person had had full capacity to make or do it. 2: No person dealing with a welfare guardian in respect of any matter within the powers of the welfare guardian shall be concerned to inquire as to the concurrence or otherwise of the person for whom the welfare guardian is acting or of any other person, or be affected by notice that any such person has not concurred. 20: Liability of welfare guardian 1: Subject to subsection (2), no action shall lie against a welfare guardian in respect of anything done or omitted to be done by the welfare guardian in the exercise of the powers conferred by or under this Act, unless it is shown that the welfare guardian acted in bad faith or without reasonable care. 2: A welfare guardian shall be personally liable in respect of any contract or arrangement entered into with, or liability incurred to, any person if the welfare guardian does not, before entering into the contract or arrangement or incurring the liability, disclose to that person that the welfare guardian is acting in that capacity. 21: Welfare guardian's expenses 1: Subject to any order of a court made under subsection (2), all expenses reasonably incurred by a welfare guardian in the exercise of the powers and duties conferred by or under this Act shall be charged against, and payable out of, the property of the person for whom the welfare guardian is acting. 2: A court may order that any expenses incurred or to be incurred by a welfare guardian in the exercise of the powers and duties conferred by or under this Act shall be met, in whole or in part, out of a Crown Bank Account Section 21(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 22: When welfare guardian ceases to hold office A welfare guardian shall cease to hold office— a: if the person for whom the welfare guardian is acting dies; or b: if the welfare guardian dies or is adjudged bankrupt or becomes a special patient or a committed patient under the Mental Health Act 1969 c: if the personal order by which the welfare guardian was appointed expires in accordance with section 17 section 86 23: Appointment of welfare guardian in event of non-compliance 1: Where any person is required by a personal order to do anything and that person fails to comply with any of the requirements of the order, any party to the proceedings in which the order was made, or the person in respect of whom the order was made, may apply to a court for the appointment of a welfare guardian. 2: The function of a welfare guardian appointed under this section shall be to take all reasonable steps to ensure compliance with the order of the court by the person who has so far failed to comply with it. 3: A court, on appointing a welfare guardian under this section, shall specify in the order by which the appointment is made the date on which the welfare guardian is to cease to act; and on that date the order shall expire. 4: Subject to the preceding provisions of this section, the provisions of sections 19 to 22 section 12 3: Property rights 24: Presumption of competence For the purposes of this Part, every person shall be presumed, until the contrary is proved, to be competent to manage his or her own affairs in relation to his or her property. 25: Jurisdiction of court under this Part 1: A court shall have jurisdiction under this Part in respect of any property owned by any person— a: who is domiciled or is ordinarily resident in New Zealand; and b: who, in the opinion of the court, lacks wholly or partly the competence to manage his or her own affairs in relation to his or her property. 2: A court shall also have jurisdiction under this Part in respect of any property situated in New Zealand and owned by any person— a: who is not domiciled nor is ordinarily resident in New Zealand; and b: who, in the opinion of the court, lacks wholly or partly the competence to manage his or her own affairs in relation to his or her property so situated. 3: The fact that the person in respect of whom an application is made for the exercise of the court's jurisdiction is managing or is intending to manage his or her own affairs in relation to his or her property in a manner that a person of ordinary prudence would not adopt given the same circumstances is not in itself sufficient ground for the exercise of that jurisdiction by the court. 4: In determining whether or not it should exercise its jurisdiction under this Part in relation to any person, a 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. 26: Persons who may apply for exercise of court's jurisdiction Any 1 or more of the following persons may apply to a court for the exercise of its jurisdiction under this Part: a: a person who seeks the exercise of the court's jurisdiction in respect of himself or herself: b: a relative or an attorney of the person in respect of whom the application is made: c: a social worker: d: a medical practitioner: e: a trustee corporation: f: a representative of any group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the welfare of persons in relation to whom the court has jurisdiction under this Act in accordance with section 25 g: where the exercise of the court's jurisdiction is sought in respect of any person who is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001 h: where a welfare guardian has been appointed for the person in respect of whom the application is made, that welfare guardian: i: any other person, with leave of the court. Section 26(g) substituted 25 September 2008 section 5 Protection of Personal and Property Rights Amendment Act 2007 27: Need for application in respect of hospital patient, etc, may be investigated 1: Where— a: any person is or has been admitted to any hospital, home, or other institution as a patient or resident; and b: the superintendent, licensee, supervisor, or other person in charge of the hospital, home, or other institution considers— i: that the patient or resident may be a person in relation to whom a court has jurisdiction under this Part; and ii: that it may be desirable in the interests of the patient or resident that a manager be appointed under this Part in respect of any property owned by the patient or resident,— the superintendent, licensee, supervisor, or other person in charge may give notice of the case to the Registrar of the court. 2: On receiving any notice under subsection (1), the Registrar may refer the matter to a trustee corporation with a request that the corporation investigate the case and report to the Registrar on— a: whether any person described in section 26 section 25 section 32 section 33 b: if no such person is intending to make such an application, whether the trustee corporation considers that such an application would be desirable in the interests of the patient. 3: If the trustee corporation— a: finds that no person described in section 26 b: considers that the making of such an application would be desirable in the interest of the patient; and c: does not intend to make such an application itself,— the trustee corporation may report accordingly to the Registrar. 4: On receiving a report under subsection (3), the Registrar shall refer the matter to a Judge who may give to the Registrar all such directions as the Judge considers appropriate to have the matter drawn to the attention of such person or persons described in section 26 28: Primary objectives of court in exercise of jurisdiction under this Part The primary objectives of a court on an application for the exercise of its jurisdiction under this Part shall be as follows: a: to make the least restrictive intervention possible in the management of the affairs of the person in respect of whom the application is made in relation to his or her property, having regard to the degree of that person's lack of competence: b: to enable or encourage that person to exercise and develop such competence as he or she has to manage his or her own affairs in relation to his or her property to the greatest extent possible. 29: Course to be followed by court 1: In considering an application for the exercise of its jurisdiction under this Part, a court shall determine whether or not the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 25 2: If the court is satisfied that the person in respect of whom the application is made is a person in relation to whom it has jurisdiction under this Part in accordance with section 25 section 31 section 28 3: If the court decides to make an order under section 31 Schedule 1 30: Temporary orders 1: Where a court is satisfied— a: that an application for the exercise of its jurisdiction under this Part has been made or is to be made in relation to any person; and b: that there are reasonable grounds for believing that that person may be a person in relation to whom a court has jurisdiction under this Part in accordance with section 25 c: that it is in the best interests of that person that urgent provision be made for the protection of his or her property or any part of it pending the final determination of the application for the exercise of the court's jurisdiction,— the court may make a temporary order under this section. 2: A temporary order may be made on the application of any person specified in section 26 3: It shall not be necessary to serve a copy of an application for a temporary order on the person in respect of whom the order is sought, nor shall that person be entitled to attend, or be heard, or call or cross-examine witnesses in respect of the application, unless the court otherwise orders. 4: Nothing in sections 66 to 73 5: If a court makes a temporary order, it shall appoint as temporary manager such fit and proper person (being a person who would be eligible for appointment as manager under section 31 6: Where a court decides to make a temporary order, sections 16 31 35 to 53 57 7: No temporary order made pursuant to this section shall continue in force for more than 3 months after the date on which it is made. 8: A temporary order made pursuant to this section may be varied, discharged, or enforced in the same manner as if it were a final order of the Family Court Section 30(8) amended 1 March 2017 section 261 District Court Act 2016 31: Appointment of manager 1: Subject to the succeeding provisions of this section and to sections 31A 31B 2: Where the court appoints 2 or more managers, their responsibility shall be jointly held, unless the court orders otherwise. 3: No person under the age of 20 years, and no body corporate other than a trustee corporation, shall be appointed a manager under this section. 4: Where the person in respect of whom the application for the exercise of the court's jurisdiction is made is a patient or resident of a hospital, home, or other institution, the superintendent, licensee, supervisor, or other person in charge of the hospital, home, or other institution shall not be appointed a manager under this section. 5: The court shall not appoint any person a manager under this section unless it is satisfied— a: that the proposed appointee is capable of carrying out the duties of a manager in a satisfactory manner, having regard to the needs of the person in respect of whom the application is made, and the relationship between that person and the proposed appointee; and b: that the proposed appointee will act in the best interests of the person in respect of whom the application is made; and c: the proposed appointee consents to the appointment. 6: In determining whom to appoint as manager under this section, a court shall take into account any likely conflict between the interests of the proposed appointee and those of the person in respect of whom the application is made. 7: So far as is practicable in the circumstances, a court shall ascertain the wishes of the person in respect of whom the application is made when determining whom to appoint as manager under this section. 8: In any order made under this section, the court shall specify a date, being not later than 3 years after the date of the order, by which the manager is required to apply to the court for a review of the order. Section 31(1) amended 1 July 1993 section 362(1) Te Ture Whenua Maori Act 1993 31A: Kai tiaki trusts Where a kai tiaki trust is constituted under section 217 Part 12 section 31 section 32(3) section 33(4) Section 31A inserted 1 July 1993 section 362(1) Te Ture Whenua Maori Act 1993 31B: Maori land or shares in Maori incorporation 1: Where it appears to the Family Court a: beneficial interests in Maori freehold land (as defined in section 4 b: shares in a Maori incorporation (as defined in section 246 the court shall refer that application to the Maori Land Court. 2: Where an application is referred to the Maori Land Court under subsection (1), the Maori Land Court shall treat that application, to the extent that it relates to beneficial interests in Maori freehold land or shares in a Maori incorporation or both, as if it were an application under section 217 3: Where the Maori Land Court constitutes a kai tiaki trust in respect of any beneficial interests in Maori freehold land or shares in a Maori incorporation,— a: no order shall be made under section 31 b: no trustee corporation shall, under section 32(3) section 33(4) section 33 or section 34 4: Where the Maori Land Court, after considering an application referred to that court under subsection (1), declines to constitute a kai tiaki trust in respect of any beneficial interests in Maori freehold land or any shares in a Maori incorporation to which that application relates, the Family Court a: make a property order under section 31 b: otherwise exercise its jurisdiction under this Part in respect of those interests or shares or any of them. Section 31B inserted 1 July 1993 section 362(1) Te Ture Whenua Maori Act 1993 Section 31B(1) amended 1 March 2017 section 261 District Court Act 2016 Section 31B(4) amended 1 March 2017 section 261 District Court Act 2016 32: Application to trustee corporation to act as manager 1: Any person who— a: has attained the age of 18 years; and b: is domiciled or is ordinarily resident in New Zealand; and c: considers that he or she lacks wholly or partly the competence to manage his or her own affairs in relation to his or her property,— may apply in accordance with the succeeding provisions of this section to a trustee corporation to act as manager of that person's property or of any part of it. 2: Every application under this section shall be in writing, and shall— a: contain particulars of the person's lack of competence to manage his or her own affairs in relation to his or her property; and b: specify the property of the applicant, and the rights and powers in respect of that property, of which the applicant wishes the trustee corporation to assume control; and c: be accompanied by— i: certificates from 2 medical practitioners (at least 1 of whom must be independent of the applicant, or a relative of the applicant) as to the extent of the applicant's lack of competence to manage his or her own affairs in relation to his or her property; and ii: a statutory declaration by the applicant that the applicant has received independent legal advice about, and understands the nature, purpose, and consequences of, the application and the applicant's right under section 34(c) d: be made to the trustee corporation within 30 days after the date of the earlier of the 2 medical certificates referred to in paragraph (c)(i), or of the date of the statutory declaration referred to in paragraph (c)(ii), whichever is the earlier. 3: If the trustee corporation is satisfied that— a: the applicant is not wholly competent to manage his or her own affairs in relation to his or her property; and b: it is in the best interests of that person that a manager act for that person; and c: the applicant seeks to have the trustee corporation assume control of the property of the applicant, and of the applicant's rights and powers in respect of that property (as specified in the application) only to the extent necessary having regard to the degree of the applicant's lack of competence,— the trustee corporation may accept the application and file a copy of it with a court within 30 days after the making of the application. 4: The trustee corporation shall make such inquiries and obtain such reports as it thinks necessary for the purposes of subsection (3). 5: On the filing of a copy of an application under subsection (3), the trustee corporation shall become the manager of the property specified in the application and shall have and may exercise in respect of that property the rights and powers specified in the application. Section 32(2)(c)(i) substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 33: Application to trustee corporation in respect of small estates 1: A person who may apply for an order under any of paragraphs (b) to (d) and (f) to (h) of section 26 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection 2: No application may be made under subsection (1) in relation to any property in respect of which a court does not have jurisdiction under this Part. 3: Every application under this section shall be in writing, and shall— a: contain particulars of the person's lack of competence to manage his or her own affairs in relation to his or her property; and b: specify the property of the person in respect of whom the application is made, and the rights and powers in respect of that property, of which the applicant wishes the trustee corporation to assume control; and c: be accompanied by certificates from 2 medical practitioners (at least 1 of whom must be independent of the applicant and the person in respect of whom the application is made) as to whether or not that person— i: lacks the competence to manage his or her own affairs in relation to his or her property, and, if so, to what extent; and ii: is able to understand the nature, purpose, and consequences of the application; and d: where a certificate referred to in paragraph (c) indicates that the person in respect of whom the application is made is able to understand the nature, purpose, and consequences of the application, be accompanied by a statutory declaration by the person that he or she has received independent legal advice about, and understands the nature, purpose, and consequences of, the application and that person's right under section 34(c) e: be made to the trustee corporation within 30 days after the date of the earlier of the 2 medical certificates referred to in paragraph (c) or of the date of any statutory declaration referred to in paragraph (d), whichever is the earlier. 4: If the trustee corporation is satisfied that— a: the person in respect of whom the application is made is not wholly competent to manage his or her own affairs in relation to his or her property; and b: it is in the best interests of that person that a manager act for that person; and c: the applicant seeks to have the trustee corporation assume control of the property of that person, and of that person's rights and powers in respect of that property (as specified in the application) only to the extent necessary having regard to the degree of that person's lack of competence,— the trustee corporation may accept the application and file a copy of it with a court within 30 days after the making of the application. 5: The trustee corporation shall make such inquiries and obtain such reports as it thinks necessary for the purposes of subsection (4). 6: On the filing of a copy of an application under subsection (4), the trustee corporation shall become the manager of the property specified in the application and shall have and may exercise in respect of that property the rights and powers specified in the application. 7: If, after filing a copy of an application under subsection (6), the gross value of the person's property is found to exceed $120,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection 8: An Order in Council under subsection (1) or (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 33(1) amended 28 July 1997 section 3(1) Protection of Personal and Property Rights Amendment Act 1997 Section 33(3)(c) substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 33(7) amended 28 July 1997 section 3(2) Protection of Personal and Property Rights Amendment Act 1997 Section 33(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 34: When a person ceases to be subject to property order 1: A person shall cease to be subject to a property order where— a: the person dies; or b: the court discharges the property order under section 87 c: in any case where a trustee corporation is acting as manager pursuant to section 32 section 33 2: Where— a: a trustee corporation is acting as manager pursuant to section 32 section 33 b: the trustee corporation receives from the person for whom it is so acting a notice of a kind referred to in subsection (1)(c); and c: the trustee corporation knows that a welfare guardian or an attorney is acting for that person,— the trustee corporation shall inform the welfare guardian or attorney of the receipt of the notice. 4: Managers 35: Property not to vest in manager The property of a person subject to a property order shall not vest in the manager, but the manager shall be entitled to the possession and management of so much of the property as the order applies to in accordance with the succeeding provisions of this Part. 36: Functions and duties of manager 1: In managing any property under this Act, the first and paramount consideration of a manager shall be to use the property in the promotion and protection of the best interests of the person for whom the manager is acting, while seeking at all times to encourage that person to develop and exercise such competence as that person has to manage his or her own affairs in relation to his or her property. 2: Without limiting the generality of subsection (1), so far as is practicable in the circumstances and to encourage the person for whom the manager is acting to develop and exercise such competence as that person has to manage his or her own affairs in relation to his or her property, the manager may allow that person to have control of and deal with any part of the property. 37: Security for performance of manager's duties 1: A court may, if it thinks fit, require any manager (other than a trustee corporation), upon appointment or at any time thereafter, to give such security to Public Trust 2: The security may be a bond, with or without a surety or sureties, or such other security as the court directs and approves. 3: A court may at any time, on the application of Public Trust Public Trust 4: A court may at any time give leave to Public Trust Public Trust 5: All money so received by Public Trust Public Trust 6: Public Trust ex parte Section 37(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 37(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 37(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 37(5) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 37(6) amended 1 March 2002 section 170(1) Public Trust Act 2001 38: Powers of manager 1: A manager shall have all such rights and powers as the court may confer on the manager in the property order, subject to any restrictions specified by the court in the order. 2: A manager of the property of a person subject to a property order may apply to a court for directions relating to the exercise of any of the manager's rights and powers. 3: Where a manager is, in accordance with this Act, authorised to make an application under section 87 Section 38(3) added 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 38(3) amended 12 November 2018 section 250 Land Transfer Act 2017 39: Additional powers where Public Trust For the purpose of enabling Public Trust Public Trust Public Trust Public Trust Public Trust's clause 1 Section 39 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 39 amended 1 March 2002 section 170(1) Public Trust Act 2001 40: Application of Public Trust Act 2001 1: The management of the property of a person subject to a property order in respect of which Public Trust Public Trust Public Trust Act 2001 2: All expenses incurred by Public Trust Public Trust remuneration and amounts in accordance with Public Trust's scale of charges 3: All such expenses, commissions, and other charges shall be payable out of the estate of the person subject to a property order notwithstanding that the person dies or his or her property otherwise ceases to be under the management of Public Trust Section 40 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 40(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 40(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 40(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 41: Application of Maori Trustee Act 1953 1: The management of the property of a person subject to a property order in respect of which the Māori Trustee the Māori Trustee Maori Trustee Act 1953 2: All expenses incurred by the Māori Trustee Māori Trustee section 48 3: All such expenses, commissions, and other charges shall be payable out of the estate of the person subject to a property order notwithstanding that the person dies or his or her property otherwise ceases to be under the management of the Māori Trustee Section 41(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 41(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 41(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 42: Manager's powers subject to provisions of personal order Where a property order is made in respect of any person subject to a personal order, the exercise by the manager of the rights and powers conferred by or under this Part shall be subject to the terms of the personal order. 43: Manager's duty to consult 1: In the management of the property of a person subject to a property order, the manager shall, as far as it may be practicable, consult— a: the person for whom the manager is acting; and b: such other persons, as are, in the opinion of the manager, interested in the welfare of the person and competent to advise the manager in relation to the management of the person's property; and c: a representative of any group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the welfare of persons in respect of whose property the court has jurisdiction in accordance with section 25 2: The manager may follow any advice given to the manager by the person for whom the manager is acting or by any other person referred to in subsection (1), and shall not be liable for anything done or omitted by the manager in following that advice, unless done or omitted in bad faith or without reasonable care. 3: In any case where the manager is of the opinion that any such advice conflicts with his or her duty as manager or with any rule of law or would or may expose the manager to liability or is otherwise objectionable, or in any case where conflicting advice is given to the manager, the manager may apply to a court for directions in the matter, and shall not incur any liability in respect of anything done or omitted to be done in accordance with any such directions. 4: In any case to which subsection (3) applies, the court may make such order as to costs as it thinks fit. 5: Nothing in subsection (3) shall oblige the manager to apply to a court for directions. 6: Without limiting any of the foregoing provisions of this section, where a welfare guardian has been appointed for the person for whom the manager is acting, the manager shall consult on a regular basis with that welfare guardian to ensure that the interests of the person for whom they are acting are not prejudiced through any breakdown in communication between the manager and the welfare guardian. 44: Effect of manager's decisions, etc 1: Every decision made by a manager in the exercise of the powers conferred by or under this Part, and everything done by a manager in implementation of any such decision, shall have the same effect as it would have had if it had been made or done by the person for whom the manager is acting and that person had had full capacity to make or do it. 2: Without limiting the generality of subsection (1), any contract, agreement, or other arrangement made or entered into by the manager in relation to any property of which he or she is the manager may be enforced in respect of the property, by proceedings (where necessary) brought against the manager in his or her capacity as manager, in the same manner and to the same extent as it could have been enforced if it had been made or entered into by the person for whom the manager is acting and that person had been fully competent to make or enter into it. 3: No person dealing with a manager in respect of any matter within the powers of a manager shall be concerned to inquire as to the concurrence or otherwise of the person for whom the manager is acting or of any other person or be affected by notice that the person or any other person has not concurred. 45: Statements required 1: For the purposes of this section the term year 2: Every manager shall prepare a statement, in the prescribed form and containing the prescribed particulars, and file it in a court together with 2 copies (or together with only 1 copy if, under section 46(1) section 63(2) a: within 3 months after the date of the commencement of his or her managership, a statement of the property, as at that date, of the person for whom the manager is acting: b: within 30 days after the expiry of each year during which his or her managership continues, a statement relating to the property, as at the expiry of that year, of the person for whom the manager is acting and to the management of that property by the manager during that year: c: within 30 days after the date on which the manager ceases in accordance with section 52 2A: Notwithstanding anything in subsections (1) and (2)(b), the court may specify both the period of 12 months that, in relation to any managership, is to constitute a year for the purposes of any statement required to be filed under subsection (2)(b) and the transitional arrangements that, in relation to statements required to be filed under subsection (2)(b), are to apply in relation to a change of balance date. 3: Every manager commits an offence and is liable upon conviction 4: Every manager commits an offence and is liable on Section 45(2) amended 14 November 2018 section 154 Courts Matters Act 2018 Section 45(2A) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 45(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 45(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 46: Statement to be examined by or on behalf of Public Trust 1: Where any statement is filed in a court under section 45 Public Trust and (except where the court has previously dispensed with service under section 63(2) 2: Public Trust qualified auditor Public Trust Public Trust 3: A report under subsection (2) shall be filed with the court, and a copy of the report shall be given to the manager who filed the statement. 4: Public Trust qualified auditor Public Trust 5: If any person having the custody or control of any books, accounts, vouchers, securities, or other documents to which Public Trust qualified auditor Public Trust Public Trust qualified auditor Public Trust qualified auditor 6: The remuneration and expenses of Public Trust qualified auditor Public Trust 7: All expenses and costs for which the property of a person subject to a property order is liable under this section shall be a charge on that property, and that charge may be enforced in such manner as the court directs. 8: Public Trust qualified auditor Public Trust 9: In this section, qualified auditor section 35 Section 46 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(1) amended 14 November 2018 section 155 Courts Matters Act 2018 Section 46(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(2) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 46(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(4) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 46(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(5) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 46(5) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(6) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 46(6) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(8) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 46(8) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 46(9) inserted 1 July 2015 section 17 Financial Reporting Amendment Act 2014 47: Inspection and copying of statements and reports by leave Any person may, by leave of the court or of the Registrar, inspect or make a copy of the whole or any part of any statement or report filed in a court under section 45 section 46 48: Enforcement of manager's duty to prepare and file statements 1: Where a manager fails to file a statement in a court when required to do so by section 45(2) who must, unless the Judge considers it inappropriate to do so, make an order 2: An order made under subsection (1) may provide that all costs of and incidental to the application shall be borne by the manager. 3: Nothing in this section shall limit or affect section 45(4) Section 48(1) amended 14 November 2018 section 156 Courts Matters Act 2018 49: Liability of manager 1: Subject to subsection (2), no action shall lie against a manager in respect of anything done or omitted to be done by the manager in the exercise of the powers conferred by or under this Act, unless it is shown that the manager acted in bad faith or without reasonable care. 2: A manager shall be personally liable in respect of any contract or arrangement entered into with, or liability incurred to, any person if the manager does not, before entering into the contract or arrangement or incurring the liability, disclose to that person that the manager is acting in that capacity. 50: Expenses of management and remuneration of managers 1: All expenses properly incurred by a manager under this Part shall be charged against and payable out of the property of the person for whom the manager is acting. 2: Except as provided by any other Act, no manager shall be entitled to remuneration for his or her services unless a court otherwise directs, either in the property order or by a subsequent order. 3: All such expenses, remuneration, and other charges shall be payable out of the property of the person for whom the manager is acting, although the person dies or the property otherwise ceases to be under the management of the manager before such payment is made. 51: Grants to Public Trustee Section 51 repealed 1 March 2002 section 170(1) Public Trust Act 2001 52: When manager ceases to hold office A manager shall cease to hold office as manager under this Part— a: if the person for whom the manager was acting dies; or b: if the manager dies or is adjudged bankrupt or becomes a special patient or a committed patient under the Mental Health Act 1969 or becomes subject to a property order or becomes otherwise incapable of acting; or c: unless the court otherwise orders in any case where there are 2 or more managers, if one of the other managers dies or is adjudged bankrupt or becomes a special patient or a committed patient under the Mental Health Act 1969 or becomes subject to a property order or becomes otherwise incapable of acting; or d: if the property order is discharged by the court under section 87 e: unless the court otherwise orders, if another person is appointed as manager. 5: Powers and property of persons subject to property orders 53: Powers of persons subject to property orders 1: Subject to section 36(2) 2: Every transfer, lease, mortgage, or other disposition of property, and every contract (except for necessaries), made or entered into by a person subject to a property order who, by virtue of subsection (1) does not have the capacity to make or enter into it shall, unless it is made or entered into with the leave of a court, be avoidable by that person or by the manager acting for that person. 3: A court may give leave to any person subject to a property order to make any such transfer, lease, mortgage, or other disposition, or to enter into any such contract, if the court is satisfied that the transaction is for the person's benefit and that the person consents to it with adequate understanding of its nature. 4: A manager shall not be entitled to avoid any transaction under subsection (2) in any case where an application in writing has been made to the manager by any party to the transaction requiring the manager to decide whether or not to avoid the transaction, and the manager has, for a period of 28 days after the receipt of the application or such extended period as may be allowed by a court, failed to give to that party notice whether the manager is avoiding the transaction or not. 5: If the manager, after any such application, does not, within the period or extended period referred to in subsection (4), avoid the transaction, the manager shall be deemed to have continued it. 6: Subject to subsection (8), if any transaction is avoided under subsection (2), a court, on the application of any party to the transaction or of the manager, may make such orders as it thinks just for the purpose of adjusting the rights of the parties and of any other person who has received any property or money comprised in the transaction (not being a person who has received the property or money from a party in good faith and for valuable consideration or who claims through such a person). 7: Without limiting the generality of subsection (6), on an application under that subsection, a court may make an order for the restitution or transfer or payment by or to the person subject to a property order or the manager or any other person of any property or money, in whole or in part, or of any sum representing the value, in whole or in part, of any such property. 8: Relief under subsections (6) and (7) may be denied wholly or in part if the person from whom relief is sought received the property or money in good faith and has so altered his or her position in reliance on having received an indefeasible interest in it that, in the court's opinion, it would be inequitable to grant relief, or to grant relief in full, as the case may be. 9: For the purposes of subsection (2), the question whether goods or services are necessaries is a question of fact. 54: Testamentary powers of person subject to property order 1: Without limiting the generality of section 4 2: A court may direct that a person subject to a property order may make a testamentary disposition only by leave of the court; and, in such a case, a testamentary disposition made without the leave of the court shall be ineffective for all purposes. 3: The court may grant leave to make a testamentary disposition under subsection (2) in respect of a testamentary disposition already made or to be made. 4: The court may cause inquiries to be made as to the existence of any testamentary disposition made by a person subject to a property order before the making of the property order (whether such testamentary disposition was made before or after the passing of this Act), and may direct that any such testamentary disposition shall be deposited in the court. 5: If it appears to the court that a testamentary disposition was made when the person was unable to manage his or her own affairs in relation to his or her property, the court may cause inquiries to be made, in such manner as the court thinks fit, whether that testamentary disposition expresses the present desire and intention of the person. 6: If the court is satisfied that the testamentary disposition does not express the present desire and intention of the person, a court may, in any case where such a course is possible, cause the present desire and intention of the person to be ascertained to the court's satisfaction, and may authorise the execution by the manager under section 55 55: Court may authorise manager to make testamentary disposition for person subject to property order 1: Where the court has given a direction under section 54(2) 2: Before a court authorises a manager to execute a testamentary disposition under subsection (1), it shall settle the proposed terms of the testamentary disposition provisionally, and hear such persons who wish to be heard and whom the court is satisfied have a proper interest in the matter. 3: A testamentary disposition executed by a manager under this section may, while the person continues to lack testamentary capacity, be varied, or revoked and substituted, by another testamentary disposition authorised by the court and executed by the manager in the same manner as the original testamentary disposition. 4: Any testamentary disposition executed by a manager under this section shall be— a: signed in the manager's name for and on behalf of the person for whom it is made, in the presence of 2 or more witnesses present at the same time; and b: attested and subscribed by those witnesses in the presence of the manager; and c: sealed with the seal of the court. 5: The following provisions apply to a testamentary disposition authorised and executed under this section: a: it is valid despite— i: section 11 ii: sections 9 10 b: it has the same effect for all purposes as it would have had if the person subject to the property order— i: had had testamentary capacity; and ii: had executed the testamentary disposition in the manner required by the applicable section. 6: The Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 7: Notwithstanding paragraph (c) of subsection (4), a testamentary disposition that is signed in accordance with paragraph (a) of that subsection, and attested and subscribed in accordance with paragraph (b) of that subsection, shall be valid notwithstanding that the person to whom the testamentary disposition relates dies before it is sealed with the seal of the court so long as the terms of the testamentary disposition accord with the directions of the court. 8: A testamentary disposition authorised and executed in accordance with this section shall continue to have effect, until it is revoked, notwithstanding that the person to whom it relates has ceased to be subject to a property order. Section 55(5) substituted 1 November 2007 section 41 Wills Act 2007 56: Testamentary law otherwise unaffected Except as provided in sections 54 55 57: Proceedings, execution, etc, not to proceed without leave of court 1: From the date on which an application is made for a property order in respect of any person, no person shall, without the leave of a court,— a: bring or continue any proceedings (not being proceedings under this Act or proceedings in the High Court b: issue any execution, attach any debt, or otherwise enforce or seek to enforce any judgment or order (not being a judgment or order given under this Act) against the person in respect of whom the application is made; or c: d: determine or forfeit any tenancy, 2: This section shall also apply to a company and its property, and to any subsidiary of a company and the subsidiary's property, where the person in respect of whom the application is made is a member of the company and holds more than 50% of its issued shares 3: For the purposes of subsection (2),— company section 2(1) subsidiary section 5 Section 57(1)(a) amended 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 57(1)(c) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 57(1)(d) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 57(2) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 57(3) replaced 5 December 2013 section 14 Companies Amendment Act 2013 58: Notional preservation of character of assets converted 1: Where any property (including money) is derived from any sale, mortgage, charge, or other disposition of any other property belonging to a person subject to a property order pursuant to any powers conferred by or under this Act or any former corresponding Act, the person whose property is so disposed of, and anyone claiming through that person, shall have the same interest in the property so derived, so far as it has not been applied or spent or disposed of in accordance with any powers so conferred, as he or she would have had in the property disposed of if no disposition had been made, and the surplus property so derived shall be deemed to be of the same nature as the property disposed of. 2: In any such case, the manager may, for the purpose of giving better effect to the provisions of subsection (1), carry to a separate account an amount representing the property so derived, or any balance for the time being remaining. 3: While an amount stands to the credit of that separate account, any payments from the property of the person subject to a property order shall be made out of any other property properly available for the purpose, except so far as the manager decides that the payment should be made wholly or partly from the separate account. 4: Subject to subsection (5), this section shall apply in all cases, whether the property was so derived before or after the commencement of this Act, but shall not apply to any property so derived by the disposition of any property belonging to a mentally defective person who died before 18 October 1957 (being the date of the commencement of the Mental Health Amendment Act 1957 section 60 5: No distribution that has been made before the commencement of this Act of property affected by any such order shall be disturbed by reason of this section or of section 59 section 60 6: This section shall not apply to income arising from any such property so derived during the lifetime of the person subject to a property order. 59: Notional preservation of character of money expended for certain purposes 1: A court shall have power to order that the whole or any part of any money expended or to be expended for— a: the improvement, security, or advantage of any property of a person subject to a property order; or b: repaying money secured by a mortgage or other charge over such property,— shall be a charge upon the property, but so that no right of sale during the lifetime of the person shall be conferred by the charge. 2: The charge may include interest on the money if the court thinks fit, and the court may give directions regarding payment of interest. 3: The charge may take effect in favour of a person as trustee for the person subject to a property order as part of that latter person's personal estate or of a specified part thereof. 4: At any time before the death of a person in respect of whom the court has made an order under this section, and whether or not that person is still subject to a property order, the court may vary or discharge the charge and give any consequential directions. 5: Nothing in this section shall apply to any mortgage or charge in favour of any other person who advances the money, nor shall it restrict the operation of section 56 Section 59(5) amended 1 March 2002 section 170(1) Public Trust Act 2001 60: Court may make orders for preserving nature and devolution of property 1: A court shall have power, in the management of the property of a person subject to a property order, to make such orders as it thinks fit for the purpose of preserving the nature, quality, tenure, and devolution of the property or of any part of it. 2: Without limiting the generality of subsection (1), a court may direct that any money shall be carried to a separate account, and may declare the notional character that the money in that account bears, and may order such assurances and things to be executed and done as it thinks expedient. 3: At any time before the death of the person subject to a property order, and whether or not he or she is still subject to such an order, the court may vary or discharge the order, and give any consequential directions. 61: Termination of notional preservation of character of assets 1: Section 58 section 59 section 60 2: If the person subject to a property order has not been so entitled, section 58 a: made a valid testamentary disposition of, or paid or transferred to any other person beneficially, the capital money or the property charged or the money or other property affected by the order, as the case may be; or b: in the case of property charged, released the charge. 3: This section shall not limit or affect any power of the court under section 59 section 60 4: Subsection (2) shall have effect whether or not the person continues to be subject to a property order or to be entitled to manage all or any of his or her money and other property. 62: Court may settle the beneficial interests of person subject to property order 1: A court may direct a settlement to be made of all or any of the property of a person subject to a property order on such trusts and subject to such powers and provisions as the court may think fit; and, in particular, the court may give such directions— a: where the property has been acquired under a settlement or will, or on intestacy, or represents property so acquired; or b: where,— i: by reason of any change in the law or of any change in circumstances since the execution by the person of a testamentary disposition; or ii: by reason of any absence of information at the time of that execution; or iii: on account of the former management of the property or the expenditure of money in improving or maintaining it; or iv: for any other special reason,— the court is satisfied that the devolution or distribution of the property of the person, either under any testamentary disposition or on intestacy, would be such as might cause injustice or hardship to any person. 2: A court may direct the transfer by way of gift of any of the property of a person subject to a property order for the maintenance and benefit of members of the person's family or for the provision of other persons or purposes for whom or which the person might be expected to provide if he or she were able to manage his or her own affairs in relation to his or her property. 3: A court may direct the manager, to execute any transfer or other instrument, and to do any other act or thing, that may be required for giving effect to the transfer or settlement, in the name and on behalf of the person, and for that purpose may make a vesting order or appoint a person to convey; and any settlement or transfer approved by the court shall be as effectual and binding on all persons interested as if it had been made by the person while of full competence. 4: This section applies whether or not the person has executed a testamentary disposition and notwithstanding that it is not known whether the person has executed such a disposition or not, but does not apply when the person is a minor who is not married or in a civil union 5: An application to a court for an order under this section may be made by any of the following persons: a: any person who has or would have had any interest in the property of the person subject to a property order or any expectation of succession to any such property, whether that interest or expectation arises or could have arisen under a testamentary disposition that is known to exist or in the event of the intestacy of the person: b: the manager: c: any other person who adduces proof of circumstances that, in the opinion of the court, make it proper that that person should make the application. 6: Subject to making due provision for the maintenance of the person subject to a property order in accordance with his or her means and way of life, whether out of the capital or income of the property settled or other property or partly in one way and partly in another, and to providing, by means of a power of appointment or revocation, or otherwise, for the possibility of the person recovering full competence to manage his or her own affairs in relation to his or her property, the court may, in making any order under this section, have regard to all or any of the following matters: a: the manner in which the property has been settled or dealt with on former occasions: b: in the case of any land or business, the welfare of the persons employed in connection with the land or business, and the expediency of settling other assets to devolve with the land or business: c: the provisions of any testamentary disposition of the person subject to a property order: d: the expediency of providing for— i: payments or annuities for the wife, husband, civil union partner, de facto partner, ii: the continuation or provision of any superannuation or pension, and the application of any part of the income for charitable purposes: iii: discretionary trusts, trusts for effecting or maintaining policies of insurance, powers of appointment, sinking funds for making good any losses (instead of or in addition to insurance), or any other purposes: iv: the extension of any statutory powers of investment, management, or otherwise: v: the manner in which any costs are to be raised and paid, whether out of the settled property or otherwise: vi: any other matter or thing that the court may consider material, having regard to the nature of the settlement, development, and enjoyment, and to the persons who are to take, either successively or otherwise. 7: At any time before the death of a person in respect of whom it has made an order under this section, and whether or not he or she is still subject to a property order, the court may, in respect of any property remaining subject to the trusts of a settlement made under this section, on being satisfied that any material fact was not disclosed to the court when the settlement was made, or on account of any substantial change in circumstances, by order vary the settlement in such manner as it thinks fit, and give any consequential directions. 8: Without limiting the provisions of section 111 rules of court may be made a: giving effect to the provisions of this section: b: compelling information to be furnished respecting, and production of, testamentary dispositions, and their lodgement in court: c: making representation orders. Section 62(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 62(6)(d)(i) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 62(8) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 6: Procedure 63: Service of copy of application required 1: Where an application is made for the exercise of a court's jurisdiction under this Act, a copy of the application shall be served on the following persons: a: subject to subsection (2), the person in respect of whom the application is made: b: each parent or guardian of that person: c: if that person is not living with either of his or her parents or guardians, any person with whom that person is living: d: if it is proposed that a person be appointed as welfare guardian or manager, the proposed appointee: e: if a welfare guardian is acting for that person, that welfare guardian: f: if that person is subject to a property order, the manager of that person's property: g: any other person specified by the court. 2: The court may dispense with service under subsection (1)(a) where it is satisfied that— a: the person in respect of whom the application is made wholly lacks the capacity to understand the nature and purpose of the proceedings; or b: exceptional circumstances exist of a nature to justify dispensing with service. 3: Any person served with proceedings under subsection (1) shall be entitled to appear and be heard as a party to the proceedings. 64: Applications may be joined, etc 1: Applications under Parts 1 3 rules of court 2: A court may hear and determine any proceedings before it under Part 1 Part 3 3: If it appears to a court hearing an application under Part 1 Part 3 Section 64(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 65: Appointment of lawyer to represent person in respect of whom application made 1: On an application for the exercise of the court's jurisdiction under this Act, a court or the Registrar of a court must lawyer or the Registrar lawyer 2: So far as may be practicable, it shall be the duty of the lawyer a: contact the person in respect of whom the application is made, explain to that person the nature and purpose of the application, and ascertain and give effect to that person's wishes in respect of the application; and b: evaluate the solutions for the problem for which an order is sought submitted by other parties to the proceedings, taking account of the need to find a solution that— i: makes the least restrictive intervention possible in the life of the person in respect of whom the application is made, having regard to the degree of incapacity or incompetence of that person; and ii: enables or encourages the person in respect of whom the application is made to develop and exercise such capacity or competence that the person may have to the greatest extent possible. 3: 4: A lawyer 5: Fees for professional services provided by lawyers a: may be determined in accordance with regulations made under this Act; and b: are payable out of public money appropriated by Parliament for the purpose. 6: An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice. 7: If the lawyer invoice lawyer 8: Notwithstanding subsection (5), the court shall have regard to the means of any party to the proceedings or the person in respect of whom the application is made, and shall, if it thinks proper, order any party or the person to refund to the Crown such amount as the court specifies in respect of any fees or expenses paid under that subsection; and the amount ordered to be refunded shall be a debt due to the Crown by that party or by that person and shall be recoverable accordingly in any court of competent jurisdiction. Section 65 heading replaced 31 March 2014 section 4(1) Protection of Personal and Property Rights Amendment Act 2013 Section 65(1) amended 31 March 2014 section 4(2) Protection of Personal and Property Rights Amendment Act 2013 Section 65(1) amended 18 May 2009 section 4(2)(a) Protection of Personal and Property Rights Amendment Act 2008 Section 65(1) amended 18 May 2009 section 4(2)(b) Protection of Personal and Property Rights Amendment Act 2008 Section 65(2) amended 31 March 2014 section 4(2) Protection of Personal and Property Rights Amendment Act 2013 Section 65(3) repealed 31 March 2014 section 4(3) Protection of Personal and Property Rights Amendment Act 2013 Section 65(3) amended 18 May 2009 section 4(3) Protection of Personal and Property Rights Amendment Act 2008 Section 65(4) amended 31 March 2014 section 4(2) Protection of Personal and Property Rights Amendment Act 2013 Section 65(5) substituted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 65(5) amended 31 March 2014 section 4(4) Protection of Personal and Property Rights Amendment Act 2013 Section 65(5)(b) substituted 3 June 1998 section 2 Protection of Personal and Property Rights Amendment Act 1998 Section 65(6) replaced 8 September 2018 section 78 Statutes Amendment Act 2018 Section 65(7) amended 31 March 2014 section 4(2) Protection of Personal and Property Rights Amendment Act 2013 Section 65(7) amended 31 March 2014 section 4(6) Protection of Personal and Property Rights Amendment Act 2013 65A: Appointment of lawyer to assist court In any proceedings under this Act, a court may— a: appoint a lawyer to assist the court; or b: direct the Registrar of the court to appoint a lawyer to assist the court. Section 65A inserted 31 March 2014 section 5 Protection of Personal and Property Rights Amendment Act 2013 65B: Payment of lawyer appointed under section 65A 1: The fees and expenses of any lawyer appointed under section 65A a: be determined in accordance with regulations made under section 16D Family Court Act 1980 a Registrar b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 65A 3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable. 4: Where the fees and expenses of a lawyer appointed under section 65A the District Court Section 65B inserted 31 March 2014 section 5 Protection of Personal and Property Rights Amendment Act 2013 Section 65B(1)(a) amended 8 September 2018 section 79(1) Statutes Amendment Act 2018 Section 65B(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 65B(2) replaced 8 September 2018 section 79(2) Statutes Amendment Act 2018 Section 65B(4) amended 1 March 2017 section 261 District Court Act 2016 Pre-hearing conferences 66: Calling of pre-hearing conference 1: When an application for the exercise of the court's jurisdiction under this Act has been filed in a court, any of the following persons may request the Registrar to convene a pre-hearing conference: a: the applicant: b: the person in respect of whom the application is made: c: any barrister or solicitor appointed pursuant to section 65(1) d: any other person upon whom a copy of the application has been served in accordance with section 63 2: When an application for the exercise of the court's jurisdiction under this Act has been filed in a court, any Family Court Judge may direct the Registrar to convene a pre-hearing conference. 3: On receiving a request under subsection (1) or a direction under subsection (2), the Registrar shall— a: appoint a time and place for the holding of a pre-hearing conference, being as soon as reasonably practicable after the receipt of the request or direction; and b: give notice to each of the persons referred to in paragraphs (a) to (d) of subsection (1) of the time and place of the pre-hearing conference, and request each of those persons to attend the conference. 67: Objectives of pre-hearing conference The objectives of a pre-hearing conference shall be— a: to identify the problem for which an order of the court is sought; and b: to reach agreement between the parties and the person in respect of whom the application is made on a solution for the problem. 68: Procedure at pre-hearing conference 1: Every pre-hearing conference shall be presided over by a Family Court Judge. 2: The barrister or solicitor representing the person in respect of whom the application is made shall be present at the pre-hearing conference to assist and advise that person (if that person is present) or to represent that person (if that person is not present). 3: Subject to any direction by the presiding Judge to the contrary, any barrister or solicitor representing any other party to the application may be present at the pre-hearing conference to assist and advise that party. 4: Subject to any direction by the presiding Judge to the contrary, every pre-hearing conference shall be held in private. 5: The presiding Judge may from time to time adjourn a pre-hearing conference to such time and place as the Judge may determine. 69: Identification of issues 1: If the parties at a pre-hearing conference agree on the nature of the problem for which an order of the court is sought, and on the solution for that problem, the presiding Judge shall record in writing the terms of the agreement. 2: Where agreement is not reached on all matters, the presiding Judge shall record in writing those matters on which there is agreement and those matters on which there is no agreement. 3: In every case, the presiding Judge shall state in the record whether or not— a: the person in respect of whom the application is made was present during the pre-hearing conference; and b: the person was able to understand the nature and purpose of the proceedings; and c: the person agreed to any matter referred to in subsection (1). 4: The record made by the presiding Judge under subsection (1) or subsection (2) shall be filed in the District Court in which the relevant application is filed. 70: Power of presiding Judge to make consent orders 1: Subject to subsection (2), at a pre-hearing conference the presiding Judge may, by consent of the parties, make any orders that could have been made by the Family Court 2: The presiding Judge shall not make an order under subsection (1) unless the Judge is satisfied that the person in respect of whom the application is made understands the nature and foresees the consequences of the order and consents to the order. 3: An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before the Family Court 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 71: Power to require attendance at pre-hearing conference 1: Where a person fails to comply with a request under section 66 2: Section 159 Section 71(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 72: Privilege 1: No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a pre-hearing conference. 2: Nothing in subsection (1) shall apply to a record made by a Family Court Judge under section 69 section 70 73: Presiding Judge may hear subsequent proceedings The Family Court Judge who presides over a pre-hearing conference shall be entitled to hear any subsequent proceedings under that application unless in all the circumstances the Judge decides, of the Judge's own motion or on application by any party,— a: that it would be inappropriate for the Judge to do so; or b: that there is some other sufficient reason for the application to be heard by another Judge. Proceedings before court 74: Attendance of person in respect of whom application is made 1: The person in respect of whom an application for the exercise of the court's jurisdiction under this Act is made shall be present throughout the hearing unless excused or excluded by the court under subsection (2) or subsection (3). 2: The court may excuse the person if it is satisfied that— a: the person wholly lacks the capacity to understand the nature and purpose of the proceedings; or b: attendance or continued attendance is likely to cause the person serious mental, emotional, or physical harm. 3: The court may exclude the person if it is satisfied that the person is causing such a disturbance that it is not practicable to continue with the hearing in the presence of that person. 4: The court may exercise its discretion to excuse or exclude the person at any stage of the hearing. 5: The person shall be present while the court makes any order upon the application unless— a: the person has been excused or excluded under subsection (2) or subsection (3); or b: there are exceptional circumstances justifying the court making an order in the absence of the person. Section 74(2) replaced 14 November 2018 section 157 Courts Matters Act 2018 75: Right of person to be heard and call evidence 1: Where the person in respect of whom an application for the exercise of the court's jurisdiction under this Act is made is not a party to the application, the person shall be entitled to be heard by the court, whether in person or through a barrister or solicitor, and to call witnesses, and to cross-examine any witness called by any party to the proceedings. 2: Without limiting anything in subsection (1), where the person is present and appears capable of addressing the court, the court shall give the person an opportunity to do so; and, in any such case, the court may, if it thinks it desirable to do so, require any parent or guardian of that person, or any other person with whom that person is living, or any barrister or solicitor representing any such parent, guardian, or other person, to withdraw from the court while the person is addressing the court. 3: Nothing in this section shall limit or affect the rights of the person in respect of whom the application is made where the person is a party to the proceedings. 76: Court may call for report on person 1: On an application for the exercise of the court’s jurisdiction under this Act, a court may, if it is satisfied that it is necessary for the proper disposition of the application,— a: request any person whom it considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made; or b: direct the Registrar of the court to request any person whom the Registrar considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made. 2: In deciding whether or not to request a report or make a direction 3: A copy of any report obtained under this section shall be given by the Registrar of the court to— a: the lawyer lawyer b: any lawyer section 65A 4: A report given to a lawyer lawyer 5: Fees for reports prepared pursuant to a request under subsection (1), and reasonable expenses incurred,— a: may be determined in accordance with regulations made under this Act; and b: are payable by such party or parties to the proceedings as the court orders or, if the court so decides, are payable out of public money appropriated by Parliament for the purpose. 5A: Any amount of any fees and expenses ordered to be paid by any party under subsection (5)(b) shall, if paid by the Crown, be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of the District Court 6: Any party to the proceedings, or the person in respect of whom the application is made, or any lawyer section 65A 7: The court may call the person making the report as a witness, either of its own motion or on the application of any party or the person in respect of whom the application is made. Section 76(1) substituted 18 May 2009 section 5(1) Protection of Personal and Property Rights Amendment Act 2008 Section 76(2) amended 18 May 2009 section 5(2) Protection of Personal and Property Rights Amendment Act 2008 Section 76(3)(a) amended 31 March 2014 section 6(1) Protection of Personal and Property Rights Amendment Act 2013 Section 76(3)(b) amended 31 March 2014 section 6(1) Protection of Personal and Property Rights Amendment Act 2013 Section 76(3)(b) amended 31 March 2014 section 6(2) Protection of Personal and Property Rights Amendment Act 2013 Section 76(4) amended 31 March 2014 section 6(1) Protection of Personal and Property Rights Amendment Act 2013 Section 76(5) substituted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 76(5)(b) substituted 3 June 1998 section 3 Protection of Personal and Property Rights Amendment Act 1998 Section 76(5A) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 76(5A) amended 1 March 2017 section 261 District Court Act 2016 Section 76(6) amended 31 March 2014 section 6(1) Protection of Personal and Property Rights Amendment Act 2013 Section 76(6) amended 31 March 2014 section 6(3) Protection of Personal and Property Rights Amendment Act 2013 77: Evidence Section 77 repealed 31 March 2014 section 17A(i) Family Courts Act 1980 78: Power of court to call witnesses 1: Without limiting anything in section 77 2: A witness called by a court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings. 3: A witness called by a court under this section may be examined and re-examined by the court 4: Sections 159 161 to 165 5: The expenses of any witness called by a court under this section shall be paid in the first instance, in accordance with the prescribed scale of witnesses' expenses, out of public Section 78(3) amended 31 March 2014 section 7 Protection of Personal and Property Rights Amendment Act 2013 Section 78(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 78(5) amended 1 July 1989 section 86(1) Public Finance Act 1989 79: Attendance at hearings 1: The following persons may attend a hearing of an application under this Act: a: officers of the court: b: parties to the proceedings: c: lawyers representing parties to the proceedings: d: the person in respect of whom the application is made: e: the lawyer representing the person in respect of whom the application is made: f: a lawyer appointed under section 65A g: witnesses: h: accredited news media reporters: i: persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) and (d): j: any other person whom the Judge permits to be present. 2: The Family Court Judge must agree to a request under subsection (1)(i) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present. 3: No support persons may help a party conduct his or her case. 4: If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so: a: a witness: b: an accredited news media reporter: c: a support person whom the Judge permitted to be present under subsection (1)(i). 5: Nothing in this section limits any other power of the court— a: to hear proceedings in private; or b: to permit a McKenzie friend to be present; or c: to exclude any person from the court. Section 79 substituted 18 May 2009 section 6 Protection of Personal and Property Rights Amendment Act 2008 Section 79(1)(f) replaced 31 March 2014 section 8 Protection of Personal and Property Rights Amendment Act 2013 80: Publication of reports of proceedings Sections 11B to 11D Family Court Act 1980 a: in the Family Court: b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 80 substituted 18 May 2009 section 7 Protection of Personal and Property Rights Amendment Act 2008 Section 80 amended 1 March 2017 section 261 District Court Act 2016 Section 80(a) replaced 1 March 2017 section 261 District Court Act 2016 81: Costs Subject to any other provision of this Act, a court, on the hearing of any proceedings before it under this Act, may make such order as to costs as it thinks fit. 7: Appeals and reviews 82: Court to state whether order is suspended pending appeal When a court makes a personal order or a property order, it shall state in the order whether, in the event of an appeal being lodged, the order is or is not to be suspended in whole or in part pending the determination of the appeal. 83: Right of appeal to High Court 1: If, on an application for the exercise of the court's jurisdiction under this Act, the court makes or refuses to make an order, or dismisses or otherwise finally determines the proceedings, a party to the proceedings or the person in respect of whom the application was made may appeal to the High Court against the order or other decision of the court. 2: If the court makes an interlocutory or interim order, a party to the proceedings or the person in respect of whom the application was made may, with the leave of the court, appeal to the High Court against the order. 3: The High Court Rules 2016 sections 126 to 130 section 124 4: On the ex parte section 126(1) 5: Subsection (4) overrides subsection (3). Section 83 substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 83(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 83(4) amended 1 March 2017 section 261 District Court Act 2016 83A: Procedure on appeal to High Court The High Court Rules 2016 sections 127 to 130 section 83 Section 83A substituted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 83A amended 1 March 2017 section 261 District Court Act 2016 Section 83A amended 18 October 2016 section 183(c) Senior Courts Act 2016 84: Further appeal to Court of Appeal A party to an appeal under section 83 Section 84 substituted 1 January 2004 section 48(1) Supreme Court Act 2003 85: Appeals to Court of Appeal from decisions of High Court 1: Where— a: an application to the Family Court for the exercise of the court’s jurisdiction under this Act has been transferred to the High Court in accordance with section 14 b: the High Court has made or refused to make an order,— a party to the proceedings or the person in respect of whom the application was made may, within 28 days after the making of the order or decision or within such further time as the Court of Appeal may allow, appeal to the Court of Appeal against the order or decision. 2: Every appeal under subsection (1), except an appeal upon a question of law, shall be by way of rehearing of the original proceedings as if the proceedings had been properly commenced in the Court of Appeal. 3: Section 85(1)(a) replaced 1 March 2017 section 261 District Court Act 2016 Section 85(3) repealed 1 January 2004 section 48(1) Supreme Court Act 2003 86: Review of personal orders 1: Without limiting anything in sections 10(3) 11(4) 12(7) a: the person in respect of whom the order was made: b: any welfare guardian or manager who is acting for that person: c: any other person, with the leave of the court. 2: Without limiting the discretion of the court on any application under subsection (1), but subject to subsection (3), on an application made pursuant to section 10(3) section 11(4) section 12(7) a: the capacity of the person to understand the nature and to foresee the consequences of decisions in respect of matters relating to the personal care and welfare of the person; and b: the capacity of the person to communicate decisions in respect of such matters. 3: Notwithstanding anything in subsection (2), where an application for review is made to provide for a new welfare guardian to be appointed in place of the present welfare guardian, the court shall not be obliged to review (but may review) the matters specified in that subsection. 4: On any application for the review of a personal order, the primary objectives of the court shall be those set out in section 8 5: Subject to subsection (6), on any application for review of a personal order, a court may— a: vary or decline to vary the order; or b: discharge or decline to discharge the order; or c: extend the order for a further period; or d: make any order, whether in addition to or instead of the order under review, that it could have made on the original application. 5A: The power to vary an order under subsection (5)(a) or to make an order under subsection (5)(d) includes the power to substitute a new welfare guardian in place of the welfare guardian named in the original or any subsequent order. 6: On any application to which subsection (2) applies, the court shall not make any order that would extend the effect of the original order beyond the date on which it would otherwise expire unless the court is satisfied, having regard to the relevant provisions of Part 1 7: If the court does make an order that extends the effect of the original order beyond the date on which it would otherwise have expired, the following provisions shall apply: a: in the case of an order made under section 11 5 years, or if the court considers it appropriate, a lesser period b: in the case of an order made under section 12 5 years, or if the court considers it appropriate, a lesser period c: in any other case, the court may specify a date by which the original order is to be further reviewed by the court and, if it does so, the court shall also specify the person or persons who is or are to be responsible for applying to the court for a further review of the original order before the specified date. 8: Section 86(5A) inserted 14 November 2018 section 158(1) Courts Matters Act 2018 Section 86(7)(a) amended 14 November 2018 section 158(2) Courts Matters Act 2018 Section 86(7)(b) amended 14 November 2018 section 158(2) Courts Matters Act 2018 Section 86(8) repealed 14 November 2018 section 158(3) Courts Matters Act 2018 87: Review of property orders 1: Where a trustee corporation— a: has filed in a court an application made to the trustee corporation under section 32 section 33 b: is deemed by subsection (3) or subsection (4) of section 117 the trustee corporation shall, in accordance with subsection (1A), file in the court the reports specified in subsection (1B). 1A: The reports required by subsection (1) shall,— a: where subsection (1)(a) applies, be filed not earlier than 2 years nor later than 3 years after the date of the filing of the application; or b: where subsection (1)(b) applies, be filed by the date specified in the programme drawn up in accordance with the Protection of Personal and Property Rights Regulations 1988 1B: The reports required under subsection (1) comprise— a: a report from each of 2 medical practitioners (at least 1 of whom must be independent of the applicant, or any relative of the applicant) as to the extent to which the person subject to the order has the competence or lacks the competence to manage his or her own affairs in relation to his or her property; and b: a report from the trustee corporation on the current condition of the person subject to the order, which report— i: shall indicate whether or not there has been any change in that person's condition since the application was made; and ii: shall contain other relevant information. 1C: If, after consideration of the reports filed in accordance with subsection (1), the court is of the opinion— a: that the order should be discharged or that the order should be extended; and b: a full review by the court in accordance with subsections (3) to (10) is unnecessary,— the court may order that the order be discharged or that the order be extended with such variation, if any, as the court may direct. 1D: Notwithstanding subsections (1) to (1C), where the reports are filed under subsection (1)(a), the court may if it thinks fit, either on its own motion or on the application of a person specified in subsection (2), direct that a full review of the case be undertaken and subsections (3) to (10) shall apply with any necessary modification to every such review as if the original application filed in the court were an order made by the court. 1E: Notwithstanding subsections (1) to (1C), where the reports are filed under subsection (1)(b), the court may if it thinks fit, either on its own motion or on the application of a person specified in subsection (2), direct that a full review of the case be undertaken and subsections (3) to (10) shall apply. 1F: In any case other than a case in which reports have been filed under subsection (1) in relation to a person subject to a property order, any person who, under a property order, is the manager of any property and who is of the opinion that the property order should be discharged may file in the court— a: a report from each of 2 medical practitioners (at least 1 of whom must be independent of the applicant or any relative of the applicant) as to the extent to which the person subject to the order has the competence to manage his or her own affairs in relation to his or her property; and b: a report from the manager on the current condition of the person subject to the order, which report— i: shall set out the nature and extent of the change in that person's condition since the order was made; and ii: shall contain other relevant information. 1G: If, after consideration of the reports filed in accordance with subsection (1F), the court is of the opinion— a: that the order should be discharged; and b: that a full review by the court in accordance with subsections (3) to (10) is unnecessary,— the court may order that the order be discharged. 1H: Notwithstanding subsections (1F) and (1G), where an application is made under subsection (1F), the court may if it thinks fit, either on its own motion or on the application of a person specified in subsection (2), direct that a full review of the case be undertaken and subsections (3) to (10) shall apply. 2: Without limiting anything in section 31(8) subsections (1) to (1H) a: the person in respect of whom the order was made: b: the manager or any welfare guardian who is acting for that person: c: any person described in paragraphs (b) to (h) of section 26 d: any other person, with the leave of the court. 3: Without limiting the discretion of the court on any application under subsection (2), but subject to subsection (4), on an application made pursuant to section 31(8) where the court directs under subsection (1D) or subsection (1E) or subsection (1H) that a full review of a case be undertaken, 4: Notwithstanding anything in subsection (3), where an application for review is made to provide for a new manager to be appointed in place of the present manager, the court shall not be obliged to review (but may review) the matters specified in that subsection. 5: On any application for the review of a property order, the primary objectives of the court shall be those set out in section 28 6: Subject to subsection (7), on any application for review of a property order, a court may— a: vary or decline to vary the order; or b: discharge or decline to discharge the order; or c: extend the order; or d: make any order, whether in addition to or instead of the order under review. 7: On any application to which subsection (3) applies, the court shall not make any order that would extend the original order beyond the date on which it would otherwise expire unless the court is satisfied, having regard to the relevant provisions of Part 3 8: If the court does make an order that extends the effect of the original order beyond the date on which it would otherwise have expired, the court shall specify a date, being 5 years or, if the court considers it appropriate, a lesser period 9: 10: No order to which subsection (8) Section 87(1) substituted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1A) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1B) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1B)(a) substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 87(1C) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1D) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1E) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1F) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1F)(a) substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 87(1G) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(1H) inserted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(2) amended 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(3) amended 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(8) amended 14 November 2018 section 159(1) Courts Matters Act 2018 Section 87(9) repealed 14 November 2018 section 159(2) Courts Matters Act 2018 Section 87(10) added 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 87(10) amended 14 November 2018 section 159(3) Courts Matters Act 2018 88: Procedure on review On any application for the review of any personal order or property order, the provisions of sections 63 to 65A 74 to 81 Section 88 amended 31 March 2014 section 9 Protection of Personal and Property Rights Amendment Act 2013 89: Review of welfare guardian's or manager's decisions 1: A person for whom a welfare guardian or a manager is acting, and any other person with the leave of the court, may at any time apply to a court to review any decision made by the welfare guardian or manager, and the court may, if it thinks it reasonable to do so in all the circumstances, review the decision and make such order as it thinks fit. 2: An order made under subsection (1) shall have effect according to its tenor. 8: Reciprocal provisions 90: Interpretation In this Part, unless the context otherwise requires,— authorised officer country incapacitated person a: has been committed to or is lawfully detained in a hospital or other institution authorised by the law of the country where he or she is for the reception and care of persons suffering from any form of mental disorder, mental illness, or mental disability; or b: has been found to be suffering from any form of mental disorder, mental illness, or mental disability by any court, tribunal, or other authority or person of competent jurisdiction in the country where he or she is, whether or not he or she has been committed to or is detained in any hospital or institution,— and who, under the law of that country, is not or is deemed not to be competent, by reason of such disorder, illness, or disability, of managing his or her own affairs in relation to his or her property; or c: is subject to any rule of law in that country providing for the protection of personal and property rights of persons who wholly or partially lack the capacity to understand the nature and foresee the consequences of decisions in respect of matters relating to their personal care and welfare. 91: Powers of Public Trust 1: The Governor-General may from time to time, by Order in Council, apply the provisions of this section, subject to any exceptions and modifications specified in the order, to any country specified in the order. 2: If an authorised officer of any country in respect of which an Order in Council under subsection (1) is for the time being in force— a: certifies in writing under his or her hand and seal to Public Trust i: any person in that country (whatever that person's domicile may be) is, by the law of that country, an incapacitated person; and ii: that the person is possessed of or entitled to or interested in any property in New Zealand; and b: such authorised officer, by instrument in writing under his or her hand and seal, authorises Public Trust Public Trust Public Trust Public Trust 3: Subject to subsection (4), the powers, duties, and functions of Public Trust Public Trust 4: Public Trust Public Trust Public Trust 5: An Order in Council 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 91 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 91(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 91(2)(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 91(2)(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 91(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 91(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 91(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 92: Appointment of authorised officer in another country If it appears to the manager of a person subject to a property order in New Zealand that the person is possessed of or entitled to or interested in property in any country in respect of which an Order in Council under section 91(1) 93: Resealing in New Zealand 1: The Governor-General may from time to time, by Order in Council, apply the provisions of this section, subject to any exceptions and modifications specified in the order, to any country specified in the order. 2: When any Order in Council under subsection (1) is for the time being in force in respect of any country, a copy of any order or declaration made by a court of competent jurisdiction under the law of that country in the exercise of its jurisdiction in respect of incapacitated persons or their estates may be deposited with a Registrar of a court in New Zealand and shall thereupon, subject to the payment of any prescribed fees, be sealed with the seal of that court. 3: On the sealing of the order or declaration under subsection (2), it shall, subject to subsection (4) and to any exceptions or modifications specified in the Order in Council, have the like force and effect and have the same operation, and every master, curator, administrator, guardian, committee, manager, or receiver acting under it shall perform the same duties and be subject to the same liabilities in New Zealand, as if it had been originally made by the court in New Zealand. 4: No such master, curator, administrator, guardian, committee, manager, or receiver appointed under any such order shall have or exercise any power or authority under it in New Zealand after it has been so sealed until his or her appointment has been confirmed by a court in New Zealand, which confirmation may be granted on such terms as the court thinks fit or may be refused. 5: This section shall apply to such orders and declarations, whether made before or after the commencement of this Act. 6: An Order in Council 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 93(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 9: Enduring powers of attorney 93A: Purpose of this Part 1: The purpose of this Part is to enable a person (the donor a: grant to another person an enduring power of attorney to act in relation to the donor's personal care and welfare if the donor becomes mentally incapable: b: grant to another person or persons enduring powers of attorney to act in relation to the donor's property affairs— i: if the donor becomes mentally incapable; or ii: while the donor is mentally capable and if the donor becomes mentally incapable: c: grant to another person an enduring power of attorney to act in both capacities. 2: Accordingly, this Part— a: states the requirements for creating an enduring power of attorney: b: defines when a donor is mentally incapable for the purposes of this Part: c: states the duties of an attorney (in addition to those set out in the enduring power of attorney): d: sets out the court's jurisdiction in respect of an enduring power of attorney: e: provides for the review by the court of any decision of an attorney: f: establishes the circumstances in which an enduring power of attorney may be suspended or revoked. Section 93A inserted 25 September 2008 section 6 Protection of Personal and Property Rights Amendment Act 2007 93B: Presumption of competence 1: For the purposes of this Part, every person is presumed, until the contrary is shown,— a: to be competent to manage his or her own affairs in relation to his or her property: b: to have the capacity— i: to understand the nature of decisions about matters relating to his or her personal care and welfare; and ii: to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; and iii: to communicate decisions about those matters. 2: A person must not be presumed to lack the competence described in subsection (1)(a) just because the person manages or intends to manage his or her own affairs in relation to his or her property in a manner that a person exercising ordinary prudence would not adopt in the same circumstances. 3: A person must not be presumed to lack the capacity described in subsection (1)(b) just because the person makes or intends to make a decision in relation to his or her personal care and welfare that a person exercising ordinary prudence would not make in the same circumstances. 4: A person must not be presumed to lack the competence described in subsection (1)(a) or, as the case may be, the capacity described in subsection (1)(b), just because the person is subject to compulsory treatment or has special patient status under the Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 93B inserted 25 September 2008 section 6 Protection of Personal and Property Rights Amendment Act 2007 94: Interpretation 1: For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to property if the donor is not wholly competent to manage his or her own affairs in relation to his or her property. 2: For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to personal care and welfare if the donor— a: lacks the capacity— i: to make a decision about a matter relating to his or her personal care and welfare; or ii: to understand the nature of decisions about matters relating to his or her personal care and welfare; or iii: to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; or b: lacks the capacity to communicate decisions about matters relating to his or her personal care and welfare. 3: Nothing in subsection (1) or (2) affects any rule of law relating to capacity to give or to revoke a power of attorney. 4: In this Part— health practitioner a: has the meaning given to it by section 5(1) b: in the case of a certificate of mental incapacity issued outside New Zealand, means a person registered as a medical practitioner by the competent authority of the State concerned lawyer section 6 prescribed form relevant health practitioner a: whose scope of practice includes the assessment of a person's mental capacity; or b: whose scope of practice— i: includes the assessment of a person's mental capacity; and ii: is specified in the enduring power of attorney (for example, a specialist). Section 94 substituted 25 September 2008 section 7 Protection of Personal and Property Rights Amendment Act 2007 94A: Creation of enduring power of attorney 1: This section applies only to a power of attorney executed after the commencement of section 7 2: The instrument creating an enduring power of attorney— a: must be in the prescribed form; and b: must have attached to it the certificate referred to in subsection (7). 3: The instrument must be signed— a: by the donor, or by some other person in the presence of the donor and by the direction of the donor; and b: by the attorney (or if more than 1, by each attorney). 4: The signature of the donor must be witnessed by a person who, subject to subsection (8), is independent of the attorney (or of each attorney) and who is— a: a lawyer; or b: an officer or employee of a trustee corporation authorised by the corporation for the purposes of this subsection; or c: a legal executive who meets the requirements of subsection (9). 4A: If 2 people appoint each other as attorney, the witness to the signature of one person as donor ( witness A a: is a lawyer or legal executive in the same firm, or an officer or employee of the same trustee corporation, as witness A; or b: is the same person as witness A, if, having regard to the matters listed in subsection (7)(a) to (b), the witness is satisfied that witnessing both signatures does not constitute more than a negligible risk of a conflict of interest. 5: The signature of an attorney must be witnessed by a person other than the donor or the donor's witness. 6: Before the donor signs the instrument, the witness to the donor's signature must explain the effects and implications of the enduring power of attorney to the donor, and advise the donor of— a: the matters referred to in the notes to the prescribed form of power of attorney: b: the donor's right to suspend or revoke the power of attorney: c: in the case of a power of attorney in relation to property,— i: the donor's right to appoint more than 1 attorney, or a trustee corporation, as attorney; and ii: the donor's right to stipulate whether and, if so, how the attorney's dealings with the donor's property are to be monitored. 6A: If regulations made under section 112(bab) a: giving a copy of the form to the donor; and b: following any instructions in the form for giving a verbal explanation to the donor; and c: if the form and the instructions do not cover all of the matters in subsection (6), using other appropriate means to fulfil all of the requirements of that subsection. 7: The witness to the donor's signature must certify on the prescribed form for the certificate referred to in subsection (2)(b) a: the requirements of subsection (6) have been met; and ab: in the case of an enduring power of attorney signed by the donor after the commencement of this paragraph, the witness believes on reasonable grounds that the donor— i: understands the nature of the instrument; and ii: understands the potential risks and consequences of the instrument; and iii: is not acting under undue pressure or duress; and b: the witness has no reason to suspect that the donor was or may have been mentally incapable at the time the donor signed the instrument; and c: the witness is independent of the attorney (or of each attorney) or that subsection (8)(a) or (b) applies or, if subsection (4A)(b) applies, the witness is satisfied that no more than a negligible risk of a conflict of interest arises 8: Despite subsection (4),— a: if the attorney is a trustee corporation, an officer or employee of that corporation authorised by the corporation for the purposes of this subsection may witness the donor's signature: b: if the attorney is appointed in his or her capacity as a lawyer, another lawyer in the attorney's firm or a legal executive in that firm who meets the requirements of subsection (9) may witness the donor's signature. 9: A legal executive who witnesses the donor's signature— a: must be a member of the body that, immediately before the commencement of section 7 b: must hold a current annual registration certificate issued by that body; and c: must have at least 12 months' experience as a legal executive; and d: must be employed by, and under the direct supervision of, a lawyer. Section 94A inserted 25 September 2008 section 7 Protection of Personal and Property Rights Amendment Act 2007 Section 94A(4A) replaced 16 March 2017 section 77(1) Statutes Amendment Act 2016 Section 94A(6A) inserted 16 March 2017 section 77(2) Statutes Amendment Act 2016 Section 94A(7) amended 16 March 2017 section 77(3) Statutes Amendment Act 2016 Section 94A(7)(ab) inserted 16 March 2017 section 77(4) Statutes Amendment Act 2016 Section 94A(7)(c) amended 16 March 2017 section 77(5) Statutes Amendment Act 2016 95: When power of attorney is an enduring power of attorney 1: Except as otherwise provided in this section, a power of attorney that meets the requirements of section 94A 2: A power of attorney purporting to be an enduring power of attorney has effect even though it is not in the prescribed form, but only if— a: no prescribed provision is substantially omitted; and b: the differences are immaterial. 3: A power of attorney shall not have effect as an enduring power of attorney unless the attorney, when signing the instrument creating it, is— a: an individual who is not less than 20 years of age, is not bankrupt, and is not subject to a personal order or a property order; or b: a trustee corporation. 4: A power of attorney delegating trustee powers, authorities, and discretions under section 70 5: A power of attorney that gives the attorney the right to appoint a substitute or a successor shall not have effect as an enduring power of attorney; but an enduring power of attorney may provide for successive attorneys, the appointment of one being conditional upon the cessation of the appointment of another. 6: A power of attorney executed before the commencement of this Act shall not have effect as an enduring power of attorney. Section 95(1) substituted 25 September 2008 section 8(1) Protection of Personal and Property Rights Amendment Act 2007 Section 95(2) substituted 25 September 2008 section 8(2) Protection of Personal and Property Rights Amendment Act 2007 Section 95(4) amended 30 January 2021 section 161 Trusts Act 2019 95A: Notice revoking earlier enduring power of attorney 1: If an enduring power of attorney states that it revokes an earlier enduring power of attorney and both powers of attorney are of the same kind, they both continue to have effect until the earlier power of attorney is revoked by notice given in the manner set out in subsection (2) or ceases to have effect by any of the other ways listed in section 106(1) 2: Notice revoking an earlier power of attorney is given when a copy of the later power of attorney is given to the attorney or attorneys appointed under the earlier power of attorney and, to avoid doubt, the notice may be given by a person other than the donor, for example, the donor’s lawyer or one of the attorneys appointed under the later power of attorney, including in the event that the donor becomes mentally incapable. 3: This section applies to any enduring power of attorney, whether executed before or after this section comes into force. 4: For the purposes of this section, of the same kind a: that both powers of attorney relate to— i: the donor’s property; or ii: the donor’s personal care and welfare; or b: if the earlier power of attorney relates to the donor’s property or the donor’s personal care and welfare, or both, the later power of attorney relates to both the donor’s property and the donor’s personal care and welfare. Section 95A inserted 16 March 2017 section 78 Statutes Amendment Act 2016 96: Enduring power of attorney not revoked by donor's subsequent mental incapacity An enduring power of attorney shall not be revoked by the donor's subsequent mental incapacity, but shall continue to have effect according to its tenor. 97: Enduring power of attorney in relation to property 1: A donor of an enduring power of attorney may authorise the attorney to act generally in relation to the whole or a specified part of the donor's affairs in relation to his or her property, or to act in relation to specified things on the donor's behalf, and in either case such authorisation may be given subject to conditions and restrictions. 2: Where a donor of an enduring power of attorney authorises the attorney to act generally in relation to the whole or a specified part of the donor's affairs in relation to the donor's property, the attorney shall have authority to do anything on behalf of the donor that the donor can lawfully do by an attorney, but subject to sections 100 107 3: Where a donor of an enduring power of attorney has become mentally incapable, the attorney shall be authorised to make an application under section 87 the Registrar-General of Land 4: A donor of an enduring power of attorney may— a: authorise the enduring power of attorney to have effect while the donor is mentally capable and to continue to have effect if the donor becomes mentally incapable; or b: authorise the enduring power of attorney to have effect only if the donor becomes mentally incapable. 5: If subsection (4)(b) applies, the attorney must not act in relation to the donor's property unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable. Section 97(3) added 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 97(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 97(4) added 25 September 2008 section 9 Protection of Personal and Property Rights Amendment Act 2007 Section 97(5) added 25 September 2008 section 9 Protection of Personal and Property Rights Amendment Act 2007 97A: Exercise of enduring power of attorney in relation to property 1: This section applies to an attorney acting under an enduring power of attorney in relation to the donor's property if the donor of the power becomes mentally incapable. 2: The paramount consideration of the attorney is to use the donor's property in the promotion and protection of the donor's best interests, while seeking at all times to encourage the donor to develop the donor's competence to manage his or her own affairs in relation to his or her property. 3: This section applies regardless of whether the enduring power of attorney is of the type referred to in section 97(4)(a) or (b) Section 97A inserted 25 September 2008 section 10 Protection of Personal and Property Rights Amendment Act 2007 98: Enduring power of attorney in relation to personal care and welfare 1: Subject to subsections (3) and (4), a donor of an enduring power of attorney may authorise the attorney to act in relation to the donor's personal care and welfare, either generally or in relation to specific matters, and in either case such authorisation may be given subject to conditions and restrictions. 2: Notwithstanding section 95(3) 3: The attorney— a: must not act in respect of a significant matter relating to the donor's personal care and welfare unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable; and b: must not act in respect of any other matter relating to the donor's personal care and welfare unless the attorney believes on reasonable grounds that the donor is mentally incapable. 3A: For the purposes of subsection (3), a donor's mental capacity is determined— a: at the time a decision about the matter relating to the donor's personal care and welfare is being made or is proposed to be made; and b: in relation to the personal care and welfare matter concerned. 3B: Despite subsection (3A),— a: if the donor is certified as mentally incapable because of a health condition that is likely to continue indefinitely, no further certificates are required under subsection (3)(a) in relation to any further personal care and welfare matters: b: if the donor is certified as mentally incapable because of a health condition that is likely to continue for a period specified in the certificate, no further certificates are required under subsection (3)(a) in relation to any further personal care and welfare matters that arise during the specified period. 4: The attorney shall not act in respect of any matter relating to the donor's personal care and welfare where, if the attorney were the welfare guardian of the donor, the attorney would be denied the power to act by section 18 5: Subject to subsections (3) and (4), any action taken by the attorney in relation to the donor's personal care and welfare shall have the same effect as it would have had if it had been taken by the donor and the donor had had full capacity to take it. 6: In subsection (3)(a), a significant matter relating to the donor's personal care and welfare Section 98(3) substituted 25 September 2008 section 11(1) Protection of Personal and Property Rights Amendment Act 2007 Section 98(3A) inserted 25 September 2008 section 11(1) Protection of Personal and Property Rights Amendment Act 2007 Section 98(3B) inserted 25 September 2008 section 11(1) Protection of Personal and Property Rights Amendment Act 2007 Section 98(6) added 25 September 2008 section 11(2) Protection of Personal and Property Rights Amendment Act 2007 98A: Exercise of enduring power of attorney in relation to personal care and welfare 1: This section applies to an attorney acting under an enduring power of attorney in relation to the donor's personal care and welfare. 2: The paramount consideration of the attorney is the promotion and protection of the welfare and best interests of the donor, while seeking at all times to encourage the donor to develop and exercise his or her capacity to— a: understand the nature and foresee the consequences of decisions relating to his or her personal care and welfare; and b: communicate such decisions. 3: Without limiting the generality of subsection (2), the attorney must— a: encourage the donor to act on his or her own behalf to the greatest extent possible; and b: seek to facilitate the integration of the donor into the community to the greatest extent possible. 4: When deciding any matter relating to the donor's personal care and welfare, the attorney must give due consideration to the financial implications of that decision in respect of the donor's property. Section 98A inserted 25 September 2008 section 12 Protection of Personal and Property Rights Amendment Act 2007 99: Both kinds of powers may be given 1: Nothing in section 95 section 97(1) section 98(1) a: authorising the attorney, whether in the same or in a separate document, to act both— i: in relation to the whole or a specified part of the donor's affairs in relation to his or her property, or to act in relation to specified things on the donor's behalf; and ii: in relation to the donor's personal care and welfare, either generally or in relation to specific matters; or b: giving an enduring power of attorney to any person or persons for the purposes described in subparagraph (i) of paragraph (a), and, whether in the same or in a separate document, to another person for the purposes described in subparagraph (ii) of that paragraph. 2: If subsection (1)(b) applies, the attorney responsible for the donor's property must give the attorney responsible for the donor's personal care and welfare any financial support required by that attorney to carry out his or her duties in relation to the donor's personal care and welfare. 3: Subsection (2) is subject to— a: the enduring power of attorney; and b: any direction of the court under section 101 Section 99(2) substituted 25 September 2008 section 13 Protection of Personal and Property Rights Amendment Act 2007 Section 99(3) added 25 September 2008 section 13 Protection of Personal and Property Rights Amendment Act 2007 99A: Attorney's duty to consult 1: When acting under an enduring power of attorney, the attorney must, as far as is practicable, consult— a: the donor; and b: in relation to any particular matter, any person specified in the enduring power of attorney to be consulted, generally, in respect of matters of that kind, or in respect of that matter ; and c: any other attorney appointed by the donor under the enduring power of attorney (other than a successive attorney whose appointment has not taken effect); and d: any other attorney appointed by the donor under another enduring power of attorney (other than a successive attorney whose appointment has not taken effect). 2: An attorney acting under an enduring power of attorney in relation to the donor's personal care and welfare may, subject to any consultation under subsection (1), have regard to any advance directive given by the donor except to the extent that the directive would require the attorney to act in a manner contrary to section 98(4) 3: The attorney may follow any advice given under subsection (1), or any advance directive given by the donor, and is not liable for anything done or omitted in following that advice or directive, unless done or omitted in bad faith or without reasonable care. 4: The attorney may apply to a court for directions under section 101 5: The attorney is not liable in respect of anything done or omitted to be done in accordance with the court's directions. 6: Nothing in subsection (4) obliges the attorney to apply to a court for directions. 7: If a donor has, under an enduring power of attorney, appointed one attorney in relation to his or her property and another attorney in relation to his or her personal care and welfare, both attorneys must consult each other regularly to ensure that the donor's interests are not prejudiced through any breakdown in communication between them. 8: To avoid doubt, if the same attorney must be consulted under subsection (1)(c) or (d) and subsection (7), the requirements of both subsections must be met in relation to that attorney. Section 99A inserted 25 September 2008 section 14 Protection of Personal and Property Rights Amendment Act 2007 Section 99A(1)(b) amended 16 March 2017 section 79(1) Statutes Amendment Act 2016 Section 99A(1)(c) inserted 16 March 2017 section 79(2) Statutes Amendment Act 2016 Section 99A(1)(d) inserted 16 March 2017 section 79(2) Statutes Amendment Act 2016 Section 99A(8) inserted 16 March 2017 section 79(3) Statutes Amendment Act 2016 99B: Attorney must provide information on exercise of powers An attorney must promptly comply with any request for information relating to the exercise of the attorney's powers under the enduring power of attorney if— a: the person requesting the information is specified in the enduring power of attorney as a person to be provided with such information and the information requested is the kind of information specified in the enduring power of attorney to be provided to that person: b: the person requesting the information is a barrister or solicitor appointed under section 65 section 99C Section 99B inserted 25 September 2008 section 14 Protection of Personal and Property Rights Amendment Act 2007 99C: Attorney as to property must keep records 1: An attorney under an enduring power of attorney in relation to a donor's property must keep records of each financial transaction entered into by the attorney under the enduring power of attorney while the donor is mentally incapable. 2: An attorney who fails without reasonable excuse to comply with subsection (1) commits an offence and is liable on Section 99C inserted 25 September 2008 section 14 Protection of Personal and Property Rights Amendment Act 2007 Section 99C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 99D: Medical certification of incapacity 1: A certificate of the donor’s mental incapacity under this Part must— a: contain the prescribed information; or b: if the certificate is issued outside New Zealand, be in a form acceptable to the competent authority of the State concerned. 2: The donor may specify in an enduring power of attorney that the assessment of his or her mental capacity for the purposes of this Part be undertaken by a health practitioner with a specified scope of practice, but only if the scope of practice specified includes the assessment of a person's mental capacity. 3: The cost of any medical assessment or examination reasonably required for the purpose of certifying whether the donor is mentally incapable under this Part is recoverable as a debt from the donor's property. Section 99D inserted 25 September 2008 section 14 Protection of Personal and Property Rights Amendment Act 2007 Section 99D(1) replaced 16 March 2017 section 80 Statutes Amendment Act 2016 100: Enduring powers of attorney subject to personal order and property order Where an enduring power of attorney is given by a person who is or who subsequently becomes subject to a personal order or a property order, the order shall be binding on the attorney; and, in the event of any conflict arising between the powers and duties of the attorney and the terms of the order, the order shall prevail. 100A: Suspension of attorney's power to act 1: A donor of an enduring power of attorney who has been, but is no longer, mentally incapable may suspend the attorney's authority to act under the enduring power of attorney by giving written notice to the attorney. 2: An attorney whose authority is suspended may not act under the enduring power of attorney unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable. 3: The suspension does not revoke the enduring power of attorney. 4: Nothing in this section affects the donor's right to revoke the enduring power of attorney while the donor is mentally capable. Section 100A inserted 25 September 2008 section 15 Protection of Personal and Property Rights Amendment Act 2007 101: Attorney may seek directions from court 1: The attorney under an enduring power of attorney may apply to a court for directions relating to the exercise of the attorney's powers. 2: Nothing in subsection (1) shall limit or affect the jurisdiction of any other court. 102: Court's jurisdiction in respect of an enduring power of attorney 1: A court shall have jurisdiction to determine— a: whether or not any instrument is an enduring power of attorney; or b: whether or not the donor of an enduring power of attorney is mentally incapable. 2: A court shall have jurisdiction to do all or any of the following things in respect of an enduring power of attorney where the donor has become mentally incapable: a: determine any question as to the meaning or effect of the instrument by which the power is given: b: determine whether or not any such instrument has ceased to have effect: c: give directions with respect to— i: the management or disposal by the attorney of the property and affairs of the donor; or ii: the rendering of accounts by the attorney and the production of the records kept by the attorney for the purpose; or iii: the remuneration or expenses of the attorney, whether or not in default of or in accordance with any provision made by the instrument, including directions for the repayment of excessive, or the payment of additional, remuneration; or iv: any matter relating to the personal care and welfare of the donor: v: any other matter on which the directions of the court are sought under section 101 d: modify the scope of the enduring power of attorney by including or excluding— i: part of the donor's affairs in relation to his or her property, or any powers relating to any such affairs; or ii: any specific matters in relation to the donor's personal care and welfare, or any powers relating to any such matters, not being a matter referred to in section 98(4) e: require the attorney to furnish information or produce documents or things in his or her possession as attorney: f: give any consent or authorisation to act that the attorney would have to obtain from the donor if the donor were mentally capable: g: authorise the attorney to act, otherwise than in accordance with section 107 ga: authorise the attorney to make any loan or advance of the donor's property subject to— i: any conditions that the court considers appropriate; and ii: any conditions or restrictions contained in the instrument: h: determine whether the donor of the power was induced by undue influence or fraud to create the power: i: determine whether, having regard to all the circumstances and, in particular, the attorney's relationship with the donor, the attorney is suitable to be the donor's attorney: j: authorise an attorney acting under an enduring power of attorney in relation to a donor's property to execute a will for and on behalf of the donor if the court is satisfied that— i: the donor lacks testamentary capacity; and ii: there is no express provision to the contrary in the enduring power of attorney. 2A: For the purposes of any application for the exercise of the court's jurisdiction under subsection (2)(j), section 55 3: Nothing in the foregoing provisions of this section shall limit or affect the jurisdiction of any other court. Section 102(2)(c)(v) amended 25 September 2008 section 16(1) Protection of Personal and Property Rights Amendment Act 2007 Section 102(2)(ga) inserted 25 September 2008 section 16(2) Protection of Personal and Property Rights Amendment Act 2007 Section 102(2)(j) added 25 September 2008 section 16(3) Protection of Personal and Property Rights Amendment Act 2007 Section 102(2A) inserted 25 September 2008 section 16(4) Protection of Personal and Property Rights Amendment Act 2007 102A: Persons who may apply for exercise of court's jurisdiction An application to a court for the exercise of its jurisdiction under section 102 105 a: any person listed in section 103(1) b: any other person with the leave of the court. Section 102A inserted 25 September 2008 section 17 Protection of Personal and Property Rights Amendment Act 2007 103: Review of attorney's decisions 1: Any of the following people may at any time apply to a court to review any decision made by an attorney acting under an enduring power of attorney while the donor is or was mentally incapable: a: the donor of the enduring power of attorney: b: a relative or attorney of the donor (not being the attorney whose decision is sought to be reviewed): c: a social worker: d: a medical practitioner: e: a trustee corporation: f: if the donor is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001 g: any welfare guardian who has been appointed for the donor: h: a person authorised by a body or organisation contracted by the Government to provide elder abuse and neglect prevention services. 2: Any other person may apply for a review if the court gives leave to do so. 3: For the avoidance of doubt, an application for review may be made while the enduring power of attorney is in force or after it is revoked by the death of the donor or otherwise. 4: The court may, if it thinks it reasonable to do so in all the circumstances, review the decision and make any order it thinks fit. 5: An order under subsection (4) has effect according to its tenor. Section 103 substituted 25 September 2008 section 18 Protection of Personal and Property Rights Amendment Act 2007 103A: Validity of actions under power of attorney not meeting requirements of section 94A or 95 The fact that a power of attorney is not an enduring power of attorney because of any failure to meet the requirements of section 94A 95 a: any act of the attorney done under the power of attorney in good faith with no knowledge of the failure; or b: any transaction entered into by the attorney under the power of attorney if the other party to the transaction entered into it in good faith and with no knowledge of the failure. Section 103A inserted 25 September 2008 section 18 Protection of Personal and Property Rights Amendment Act 2007 103B: Effect of attorney's decision on third parties A person dealing with an attorney acting under an enduring power of attorney in respect of any matter within the power of attorney— a: does not have to inquire about the concurrence or otherwise of the donor or any other person; and b: is not affected by notice that the donor or any other person has not concurred. Section 103B inserted 25 September 2008 section 18 Protection of Personal and Property Rights Amendment Act 2007 103C: Effect of attorney's actions, etc, before notice of revocation or suspension received 1: This section applies, instead of section 20(1) to (4) section 18 2: An enduring power of attorney continues in force until notice of an event revoking the power is received by the attorney. 3: The authority of an attorney to act under an enduring power of attorney continues in force until notice suspending that authority is received by the attorney. 4: Every act or thing within the scope of the enduring power of attorney done by or to the attorney in good faith before he or she receives notice of any event revoking the power of attorney has effect as if the event had not occurred. 5: Every act or thing within the scope of an enduring power of attorney done by or to the attorney in good faith before he or she receives notice that his or her authority to act under the power of attorney is suspended has effect as if the authority were not suspended. 6: A person dealing with the attorney may rely on a certificate of non-revocation and non-suspension of the enduring power of attorney in the prescribed form as conclusive proof of the non-revocation and non-suspension of the power of attorney as at the date of the certificate if— a: the person— i: is dealing with the attorney in good faith; and ii: does not have actual knowledge that an event revoking the power of attorney has occurred, or that the attorney's authority to act under it has been suspended; and b: the certificate— i: is signed by the attorney or, if the attorney is a corporation, an officer or employee of the corporation authorised by the corporation for the purposes of this subsection; and ii: is given immediately before, or any time after, the doing of a thing by the attorney. 7: A person who knowingly gives a false certificate commits an offence and is liable on 8: An event revoking the power of attorney section 106(1) Section 103C inserted 25 September 2008 section 18 Protection of Personal and Property Rights Amendment Act 2007 Section 103C(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 104: Disclaimer by attorney 1: An attorney under an enduring power of attorney may not disclaim that power otherwise than by notice given as follows: a: where the donor is not mentally incapable, by written notice to the donor: b: where the donor is mentally incapable, by filing a notice in a court. 2: If the donor is mentally incapable, the attorney must file with the notice a report stating— a: that the attorney considers it is in the interests of the donor that a welfare guardian be appointed in relation to the donor's personal care and welfare, or a property manager be appointed in relation to the donor's property; or b: that the attorney considers it is not necessary that a welfare guardian or property manager be appointed, and why the attorney considers it not necessary. 3: On receiving a report under subsection (2), the Registrar shall refer the matter to a Judge who may give to the Registrar all such directions as the Judge considers appropriate to have the matter drawn to the attention of such person or persons described in section 103 Section 104(2) substituted 25 September 2008 section 19(1) Protection of Personal and Property Rights Amendment Act 2007 Section 104(3) amended 25 September 2008 section 19(2) Protection of Personal and Property Rights Amendment Act 2007 105: Court may revoke appointment of attorney 1: The court may, in any proceeding commenced under section 101 102A 103 a: is not acting, or proposes not to act, in the best interests of the donor; or b: is failing, or has failed, to comply with any of the attorney's obligations under section 99A 99B 1A: In any proceedings commenced under section 101 102 2: Where a court under paragraph (h) or paragraph (i) of section 102(2) Section 105(1) substituted 25 September 2008 section 20 Protection of Personal and Property Rights Amendment Act 2007 Section 105(1A) inserted 25 September 2008 section 20 Protection of Personal and Property Rights Amendment Act 2007 106: Circumstances in which enduring power of attorney ceases 1: An enduring power of attorney shall cease to have effect when— a: the donor , by notice in writing to the attorney, ab: it is revoked by notice given in the manner set out in section 95A b: the donor dies; or ba: the donor, by notice in writing to the attorney, revokes the appointment of the attorney while mentally capable of doing so; or bb: in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, the donor, by notice in writing to one of the attorneys, revokes the appointment of that attorney while mentally capable of doing so; or c: the attorney gives notice of disclaimer in accordance with section 104 d: the attorney dies, or is adjudged bankrupt, or becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 e: in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, one of the attorneys dies, or is adjudged bankrupt, or becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 ea: in the case of an enduring power of attorney that appoints more than 1 attorney with several authority or with joint and several authority, the last remaining attorney— i: has his or her appointment revoked by the donor under section 106A(1) ii: dies, is adjudged bankrupt, becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 f: a court revokes the appointment of the attorney pursuant to section 105 2: In any case where the enduring power of attorney provides for successive attorneys, the appointment of one being conditional upon the cessation of the appointment of another, subsection (1)(ba) to (f) applies Section 106 heading amended 16 March 2017 section 81(1) Statutes Amendment Act 2016 Section 106(1)(a) amended 25 September 2008 section 21 Protection of Personal and Property Rights Amendment Act 2007 Section 106(1)(ab) inserted 16 March 2017 section 81(2) Statutes Amendment Act 2016 Section 106(1)(ba) inserted 16 March 2017 section 81(3) Statutes Amendment Act 2016 Section 106(1)(bb) inserted 16 March 2017 section 81(3) Statutes Amendment Act 2016 Section 106(1)(d) amended 16 March 2017 section 81(4) Statutes Amendment Act 2016 Section 106(1)(e) amended 16 March 2017 section 81(4) Statutes Amendment Act 2016 Section 106(1)(ea) inserted 16 March 2017 section 81(5) Statutes Amendment Act 2016 Section 106(2) amended 16 March 2017 section 81(6) Statutes Amendment Act 2016 106A: Revocation of appointment of attorneys with several authority 1: If an enduring power of attorney appoints more than 1 attorney with several authority or with joint and several authority, the donor may, by notice in writing to 1 or more of the attorneys, revoke the appointment of that attorney or those attorneys while mentally capable of doing so. 2: To avoid doubt, if a donor revokes the appointment of 1 or more attorneys under subsection (1), the enduring power of attorney remains in effect if there is at least 1 remaining attorney. Section 106A inserted 16 March 2017 section 82 Statutes Amendment Act 2016 107: Attorney's power to benefit self and others 1: An attorney under an enduring power of attorney must not, at any time while the donor is mentally incapable, act to the benefit of the attorney or of a person other than the donor, or recover any expenses from the donor's property, unless and only to the extent that— a: the donor has specified a power to so act in the enduring power of attorney; or b: the court authorises the attorney to so act in an order under section 102(2)(g) or (ga) c: the attorney's actions relate to 1 or more of the following matters and the enduring power of attorney does not expressly provide otherwise: i: if the attorney and donor are married to, or in a civil union or de facto relationship with, each other, and are living together and sharing their incomes, any action taken by the attorney in respect of real or personal property that the donor and the attorney own jointly and not as tenants in common: ii: any payments of a kind described in subsection (2): iii: if acting under an enduring power of attorney in relation to the donor's property, any loan or advance or other investment of the donor's property that a trustee could make of trust property under section 58 2: The payments referred to in subsection (1)(c)(ii) are payments (being payments for which receipts or other evidence are provided by the attorney) of— a: out-of-pocket expenses (other than lost wages or remuneration) reasonably incurred by an attorney; or b: professional fees and expenses reasonably incurred by an attorney who— i: has accepted appointment in a professional capacity; or ii: has undertaken work in any professional capacity to give effect to the decisions taken under the enduring power of attorney. Section 107 substituted 25 September 2008 section 22 Protection of Personal and Property Rights Amendment Act 2007 Section 107(1)(c)(iii) amended 30 January 2021 section 161 Trusts Act 2019 108: Procedure For the purpose of proceedings under this Part, the provisions of Part 6 section 64 sections 83 to 85 a: where the application for the exercise of the court's jurisdiction is made by any person other than the attorney, a copy of the application shall be served on the attorney (as well as the persons listed in section 63(1) b: where a donor has given 2 or more enduring powers of attorney and it is intended to apply to the court under this Part in respect of any 2 or more of those powers, the applications may be joined, and, subject to any rules of court c: a court may hear and determine any proceedings before it under this Part in conjunction with any other proceedings under this or any other Part of this Act in any case where both proceedings are in respect of the same person, whether or not the parties to the proceedings are the same. Section 108(b) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 108AA: Enduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007 1: In this section, commencement date section 23 2: If an enduring power of attorney is executed but not effective before the commencement date,— a: section 94A b: section 95(1) and (2) 3: If an enduring power of attorney is effective before the commencement date,— a: sections 94A 107 b: sections 95(1), (2) 107 Section 108AA inserted 25 September 2008 section 23 Protection of Personal and Property Rights Amendment Act 2007 108AAB: Review of Protection of Personal and Property Rights Amendment Act 2007 1: The Minister of State for the time being responsible for senior citizens must, as soon as practicable, 5 years after the commencement of section 23 a: review the effectiveness of the amendments to this Act made by the Protection of Personal and Property Rights Amendment Act 2007; and b: consider whether any amendments to this Act are necessary or desirable; and c: prepare a report on the findings. 2: The Minister must present a copy of the report to the House of Representatives no later than 6 years after the commencement of section 23 Section 108AAB inserted 25 September 2008 section 23 Protection of Personal and Property Rights Amendment Act 2007 9A: Payment of money or damages Part 9A inserted 1 March 2002 section 170(1) Public Trust Act 2001 108A: Interpretation In this Part,— court a: where a claim of a specified person could be the subject of proceedings in New Zealand, a court in which proceedings could be taken to enforce the claim; or b: where the claim could not be the subject of proceedings in New Zealand, a court in which proceedings could be taken to enforce a similar claim in New Zealand specified person Section 108A inserted 1 March 2002 section 170(1) Public Trust Act 2001 108B: Approval of court required to settle claims of specified persons 1: This section applies where money or damages are claimed by or on behalf of a specified person, whether alone or in conjunction with another person. 2: If the claim is not the subject of proceedings before a court, an agreement for the compromise or settlement of the claim entered into by the specified person, or on his or her behalf by a person who, in the opinion of a court, is a fit and proper person to do so, is binding on the specified person if the agreement, or a release of the claim, is in writing and is approved by the court under section 108C 3: If the claim has not been compromised or settled in accordance with subsection (2), and has become the subject of proceedings before a court, a settlement, compromise, or payment, or acceptance of money paid into court, whenever entered into or made, is valid so far as it relates to the specified person's claim only with the approval of the court under section 108C 1957 No 36 s 66(1) Section 108B inserted 1 March 2002 section 170(1) Public Trust Act 2001 108C: Applications for approval of court 1: An application for the approval of a court under this section may be made by or on behalf of a specified person, or by any other party to the agreement or proceedings. 2: On an application for its approval under this section, the court, in its discretion, may— a: refuse the application; or b: grant its approval unconditionally; or c: grant its approval subject to any conditions and directions that it thinks fit, including conditions and directions as to— i: the terms of the agreement, compromise, or settlement; or ii: the amount, payment, security, application, or protection of the money paid, or to be paid; or iii: any other relevant matter. 1957 No 36 s 66(2), (3) Section 108C inserted 1 March 2002 section 170(1) Public Trust Act 2001 108D: Money or damages may be held upon trust 1: Without limiting section 108C 2: The amount must be invested and held by the trustee upon trust— a: to make payments to any person out of the income and capital of the amount as directed by the court; and b: to apply the income and capital of the amount, or so much of the income and capital as the trustee from time to time thinks fit, for or towards the maintenance or education (including past maintenance or education) or the advancement or benefit of the specified person. 3: The specified person has no power, either alone or in conjunction with any other person or persons, to terminate the trusts upon which the amount is held or to modify or extinguish those trusts. 4: The interest of the specified person in the income and capital of the amount must not, while it remains in the hands of the trustee, be alienated or pass by bankruptcy, or be liable to be seized, sold, attached, or taken in execution by process of law. 5: This section applies subject to— a: any direction of the court that an immediate payment be made from the money or damages; and b: any other direction or condition given or imposed by the court. 1957 No 36 s 66(4) Section 108D inserted 1 March 2002 section 170(1) Public Trust Act 2001 108E: Money or damages held by manager 1: Without limiting section 108C(2) 2: A manager who holds money or damages under a direction given under subsection (1) does so with and subject to the powers and discretion conferred upon a manager by this Act. 1957 No 36 s 66(5) Section 108E inserted 1 March 2002 section 170(1) Public Trust Act 2001 108F: Termination of trust 1: Where a specified person attains the capacity to manage his or her own affairs while any amount is held on trust for his or her benefit under section 108D 2: At any time before the payment is made, the court may order that the whole or any part of the amount must continue to be held on trust under section 108D 3: Where the trustee has made an application or received notice that an application has been made to the court for an order that the amount must continue to be held on trust, the trustee must not make any payment under this section until the application has been disposed of. 1957 No 36 s 66(6) Section 108F inserted 1 March 2002 section 170(1) Public Trust Act 2001 108G: Part does not affect Deaths by Accidents Compensation Act 1952 Nothing in this Part limits or affects the Deaths by Accidents Compensation Act 1952 1957 No 36 s 66(9) Section 108G inserted 1 March 2002 section 170(1) Public Trust Act 2001 10: Miscellaneous provisions 109: Orders may be registered 1: A property order may be registered under the Deeds Registration Act 1908 2: A property order shall be deemed to be an instrument purporting to affect land under the Land Transfer Act 2017 registered owner 3: A trustee corporation that becomes the manager of a person's property under section 32 section 33 Deeds Registration Act 1908 Land Transfer Act 2017 Section 109(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 109(3) amended 12 November 2018 section 250 Land Transfer Act 2017 110: Remission of fees in cases of hardship Where it appears to the Registrar of a court that the payment of any fees prescribed as payable in respect of any proceedings under this Act, or of those fees in full, would cause undue hardship to the person liable for their payment, the Registrar may remit the whole or such part of the fees as the Registrar thinks fit, and may, without further appropriation than this section, refund all such fees that have already been paid or any part of such fees. 111: Rules of procedure Rules may be made regulating the practice and procedure of courts in proceedings under this Act,— a: in the case of the High Court, under section 148 b: in the case of the District Court, under section 228 c: in the case of the Family Court, under section 16A Section 111 substituted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 111(a) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 111(b) replaced 1 March 2017 section 261 District Court Act 2016 Section 111(c) replaced 1 March 2017 section 261 District Court Act 2016 111A: Transitional provision relating to rules 1: Subsections (2) and (3) apply to rules made under section 111 2: Rules to which this subsection applies that regulate the practice or procedure of the High Court continue to regulate the practice and procedure of the High Court until any rules referred to in section 111(a) 3: Rules to which this subsection applies that regulate the practice or procedure of the District Court District Court section 111(b) Section 111A inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 111A(3) amended 1 March 2017 section 261 District Court Act 2016 112: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations— a: making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by lawyers section 65 b: making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of the preparation of reports requested pursuant to section 76 ba: prescribing forms for enduring powers of attorney for the purposes of Part 9 bab: prescribing a form of standard explanation for the purpose of explaining the effects and implications of an enduring power of attorney to a donor (which may include requirements for the content of the explanation and the manner in which it is to be given) under section 94A(6) bb: prescribing forms for certificates for the purposes of the witnessing requirements in section 94A(7) bc: prescribing information required for certificates for the purposes of any medical examination or assessment under Part 9 bd: prescribing forms that may be used for the suspension and revocation of enduring powers of attorney for the purposes of Part 9 be: prescribing the form for the certificate of non-revocation and non-suspension of the enduring power of attorney for the purposes of section 103C(6) c: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 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 112 substituted 1 July 1994 Protection of Personal and Property Rights Amendment Act 1994 Section 112(1)(a) amended 31 March 2014 section 10 Protection of Personal and Property Rights Amendment Act 2013 Section 112(1)(ba) inserted 26 September 2007 section 24 Protection of Personal and Property Rights Amendment Act 2007 Section 112(1)(bab) inserted 16 March 2017 section 83(1) Statutes Amendment Act 2016 Section 112(1)(bb) inserted 26 September 2007 section 24 Protection of Personal and Property Rights Amendment Act 2007 Section 112(1)(bc) replaced 16 March 2017 section 83(2) Statutes Amendment Act 2016 Section 112(1)(bd) inserted 26 September 2007 section 24 Protection of Personal and Property Rights Amendment Act 2007 Section 112(1)(be) inserted 26 September 2007 section 24 Protection of Personal and Property Rights Amendment Act 2007 Section 112(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 113: Reference to Aged and Infirm Persons Protection Act 1912 and Part 7 of the Mental Health Act 1969 in other Acts Unless the context otherwise requires, in any other enactment, or in any regulation, rule, order, agreement, deed, instrument, application, or other document in force at the commencement of this Act every reference to the Aged and Infirm Persons Protection Act 1912 Part 7 of the Mental Health Act 1969 114: Savings Nothing in this Act shall limit the general jurisdiction of the High Court under section 14 Section 114 amended 1 March 2017 section 183(b) Senior Courts Act 2016 115: Maori Affairs Act 1953 amended Section 115 repealed 1 July 1993 section 362(1) Te Ture Whenua Maori Act 1993 116: Repeals The enactments specified in Schedule 4 117: Transitional provisions 1: Subject to subsections (2) and (4), but notwithstanding any other provision of this Act, all proceedings commenced under the Aged and Infirm Persons Protection Act 1912 Part 7 of the Mental Health Act 1969 2: If an interim protection order has been made under section 29A of the Aged and Infirm Persons Protection Act 1912 3: On the commencement of this Act, every protected person under the Aged and Infirm Persons Protection Act 1912 Part 7 of the Mental Health Act 1969 4: Where, in proceedings to which subsection (1) applies, a person becomes a protected person under the Aged and Infirm Persons Protection Act 1912 Part 7 of the Mental Health Act 1969 4A: Every person who is deemed by subsection (3) or subsection (4) to be a manager appointed under this Act shall, subject to any order of the court made on an application filed under this Act, have all the powers set out in Schedule 1 5: Within 3 years after the commencement of this Act, every person, other than a trustee corporation, who is deemed by subsection (3) or subsection (4) to be a manager appointed under this Act shall apply to a court in accordance with section 87 6: Within 1 year after the commencement of this Act, every trustee corporation who is deemed by subsection (3) or subsection (4) to be a manager appointed under this Act shall notify a court of each case, and the court and the trustee corporation shall draw up a programme in accordance with regulations made under this Act for the progressive review of all such cases. 7: The repeal by section 116 8: The repeal by section 116 section 90 of that Act 9: Nothing in section 45(2)(a) 10: For the purposes of section 45(2)(b) a: a person who was the manager of the estate of a protected person under the Aged and Infirm Persons Protection Act 1912 b: a person who was the manager of the estate of a protected patient under Part 7 of the Mental Health Act 1969 Section 117(4A) inserted 12 December 1989 Protection of Personal and Property Rights Amendment Act 1989

DLM139257

1988

Hauraki Maori Trust Board Act 1988

1: Short Title and commencement 1: This Act may be cited as the Hauraki Maori Trust Board Act 1988. 2: This Act shall come into force on the 28th day after the date on which it receives the Royal assent. 2: Interpretation In this Act, the Board section 4 3: Act to bind Crown This Act shall bind the Crown. 4: Hauraki Maori Trust Board constituted 1: There is hereby constituted a body corporate to be known as the Hauraki Maori Trust Board, which shall be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955 2: The beneficiaries of the Board shall be the descendants of Ngati Hako, Ngati Hei, Ngati Maru, Ngati Paoa, Patukirikiri, Ngati Porou ki Harataunga ki Mataora, Ngati Pukenga ki Waiau, Ngati Rahiri-Tumutumu, Ngai Tai, Ngati Tamatera, Ngati Tara Tokanui, and Ngati Whanaunga. 5: Membership of Board 1: As soon as practicable after the commencement of this Act, the Governor-General shall, on the recommendation of the Minister of Maori Affairs, appoint such number of persons not exceeding 12 as the Minister thinks fit to be the initial members of the Board. 2: Each initial member of the Board shall hold office until his or her successor is elected and comes into office under subsection (3). 3: The Board shall cause to be prepared a roll containing the names and addresses of all adult beneficiaries of the Board, and, as soon as practicable thereafter and not later than 2 years after the date of the commencement of this Act, the Board and the secretary to the Board shall do everything necessary, in accordance with Part 3 4: If, by regulations made under section 56 6: Annual hui Section 6 repealed 16 September 2011 section 8(1)(a) Maori Trust Boards Amendment Act 2011

DLM137587

1988

Imports and Exports (Restrictions) Act 1988

1: Short Title and commencement 1: This Act may be cited as the Imports and Exports (Restrictions) 2: This Act shall come into force on 1 December 1988. Section 1(1) amended 8 July 2003 section 5(2) Imports and Exports (Restrictions) Amendment Act 2003 2: Interpretation 1: In this Act, unless the context otherwise requires,— decision-maker a: the Minister; or b: the Minister for the Environment; or c: the Environmental Protection Authority; or d: a prescribed person Environmental Protection Authority EPA section 7 goods international obligation a: the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand: b: the Convention on Persistent Organic Pollutants, done at Stockholm on 23 May 2001; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand: c: the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand: d: the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region, done at Waigani on 16 September 1995; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand: e: any other international obligation that is or becomes binding on New Zealand and that provides for the restriction on, or the prohibition of, the exportation of certain chemicals, products, organisms, wastes, or other substances that pose a risk to human health or to the environment Minister permit section 3 3A prescribed section 3 section 3A decision-maker register section 3BD 2: The terms chief executive Customs controlled area Customs place exportation importation section 5(1) 3: The Customs and Excise Act 2018 sections 374 388 to 391 4: Section 2(1) decision-maker inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) Environmental Protection Authority or EPA inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) goods inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) international obligation inserted 8 July 2003 section 6(1) Imports and Exports (Restrictions) Amendment Act 2003 Section 2(1) Minister substituted 8 July 2003 section 6(2) Imports and Exports (Restrictions) Amendment Act 2003 Section 2(1) Ministry repealed 1 July 2011 section 4(3) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) permit inserted 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) prescribed substituted 8 July 2003 Imports and Exports (Restrictions) Amendment Act 2003 Section 2(1) prescribed amended 1 July 2011 section 4(4) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) register added 1 July 2011 section 4(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(1) Secretary repealed 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 2(2) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(2) amended 1 July 2011 section 4(5) Imports and Exports (Restrictions) Amendment Act 2011 Section 2(2) amended 8 July 2003 section 6(3) Imports and Exports (Restrictions) Amendment Act 2003 Section 2(3) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(4) repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 2A: Act binds the Crown This Act binds the Crown. Section 2A inserted 8 July 2003 section 7 Imports and Exports (Restrictions) Amendment Act 2003 3: Prohibition of imports 1: The Governor-General may from time to time by Order in Council prohibit, in the public interest, the importation into New Zealand of— a: any specified goods: b: goods of any specified class or classes: c: all goods except goods of a specified class or specified classes: d: all goods whatever (without specification of any such goods or of the class or classes to which they belong). 2: Any prohibition imposed pursuant to this section— a: may be general; or b: may be limited to the importation of goods from any specified place or by or from any specified person or class of persons; or c: may, whether general or limited, be absolute or conditional. 3: A conditional prohibition allows the importation of goods subject to— a: the grant of a licence or permit by the decision-maker on terms and conditions specified in the licence or permit; or b: prescribed conditions. 4: A conditional prohibition may require payment of consideration to the decision-maker in respect of the application for, or the granting of, a licence or permit. 5: A licence or permit authorising the importation of goods may be granted before or after the goods have been imported. 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 3 heading substituted 8 July 2003 section 8(1) Imports and Exports (Restrictions) Amendment Act 2003 Section 3(3) substituted 1 July 2011 section 5 Imports and Exports (Restrictions) Amendment Act 2011 Section 3(4) substituted 1 July 2011 section 5 Imports and Exports (Restrictions) Amendment Act 2011 Section 3(5) substituted 1 July 2011 section 5 Imports and Exports (Restrictions) Amendment Act 2011 Section 3(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 3A: Prohibition of exports 1: The Governor-General, if satisfied that it is necessary to give effect to an international obligation, may, by Order in Council, prohibit the exportation from New Zealand of— a: specified goods: b: goods of a specified class or classes. 2: A prohibition may be— a: general: b: limited to the exportation of goods to a specified place or class of places: c: limited to the exportation of goods to a specified person or class of persons: d: limited to the exportation of goods by a specified person or class of persons: e: absolute: f: conditional. 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 3A inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 3B: Conditional prohibition of exportation 1: A conditional prohibition allows the exportation of goods subject to— a: the grant of a licence or permit by the decision-maker b: prescribed conditions. 2: The terms and conditions of a licence or permit must be consistent with the prohibition. 3: A conditional prohibition may require payment of consideration to the decision-maker Section 3B inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3B(1)(a) amended 1 July 2011 section 6(1) Imports and Exports (Restrictions) Amendment Act 2011 Section 3B(3) amended 1 July 2011 section 6(2) Imports and Exports (Restrictions) Amendment Act 2011 Application to Environmental Protection Authority for permits Heading inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3BA: General requirements for permits 1: This section and sections 3BB 3BC section 3 3A 2: Any person may apply to the Environmental Protection Authority for a permit. 3: An application for a permit must be in the prescribed form. 4: The Environmental Protection Authority may revoke a permit if the Authority is satisfied that the holder of the permit has— a: failed to comply with a condition of the permit; or b: made a false declaration or statement or provided incorrect information in the holder's application for the permit; or c: been convicted of an offence against this Act or an offence involving a convention chemical or waste. 5: The Order in Council may specify the process and requirements for applying for a permit. 6: In this section and section 3BC convention chemical or waste section 3 3A Section 3BA inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3BB: Conditions on permits 1: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the importation of goods: a: the use to which the goods will be put in New Zealand: b: the provision of information to the Authority concerning the movement and location of the goods: c: insurance requirements relating to the importation of the goods and their presence in New Zealand: d: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods: e: liability for the goods if they cannot be used for the purpose for which they were imported. 2: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the export of goods: a: the provision of information to the Authority concerning the movement and location of the goods: b: insurance requirements relating to the export of the goods: c: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods: d: liability for the goods if they cannot be used for the purpose for which they were exported. Section 3BB inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3BC: Refusal of permits The Environmental Protection Authority may refuse to grant a permit if the Authority is satisfied that— a: the person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or b: the information provided by the person to the Authority is incorrect. Section 3BC inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 Imports and Exports (Restrictions) Register Heading inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3BD: Register 1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Imports and Exports (Restrictions) Register. 2: The register may be kept in the form of information stored electronically. 3: The Crown owns all information contained in the register. Section 3BD inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3BE: Information to be included in register 1: The register must record— a: the details of a permit granted by the Environmental Protection Authority under an Order in Council made under section 3 3A b: any other information required to comply with New Zealand's international obligations that is prescribed by regulations. 2: In relation to a permit, the register must specify— a: the name and address of the person to whom the permit was granted; and b: the goods to which the permit relates; and c: the amount of the goods that the permit allows to be imported or exported; and d: the terms and conditions on which the permit was granted; and e: any other information required by regulations. 3: The register may record any other information that the Environmental Protection Authority considers appropriate. Section 3BE inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3BF: Environmental Protection Authority to allow New Zealand Customs Service access to register The Environmental Protection Authority must provide the New Zealand Customs Service with access to the register. Section 3BF inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 Miscellaneous provisions Heading inserted 1 July 2011 section 7 Imports and Exports (Restrictions) Amendment Act 2011 3C: Forms 1: For the purposes of this Act, the decision-maker 2: In all proceedings, a document is sufficient evidence that a form was prescribed if it— a: is signed by or on behalf of the decision-maker b: purports to be a prescribed form, an extract from a prescribed form, a copy of the form, or a copy of the extract. 3: A court must take judicial notice of the signature by or on behalf of the decision-maker of a prescribed form or an extract or copy of a prescribed form. Section 3C inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3C(1) amended 1 July 2011 section 8(1) Imports and Exports (Restrictions) Amendment Act 2011 Section 3C(2)(a) amended 1 July 2011 section 8(2) Imports and Exports (Restrictions) Amendment Act 2011 Section 3C(3) substituted 1 July 2011 section 8(3) Imports and Exports (Restrictions) Amendment Act 2011 3D: Order in Council not invalid An Order in Council is not invalid because— a: it leaves a matter to the discretion of the decision-maker b: it authorises the decision-maker to issue a licence or permit subject to conditions imposed by the decision-maker. Section 3D inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 Section 3D(a) amended 1 July 2011 section 9(1) Imports and Exports (Restrictions) Amendment Act 2011 Section 3D(b) substituted 1 July 2011 section 9(2) Imports and Exports (Restrictions) Amendment Act 2011 3E: Other Acts not affected The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment relating to the importation or exportation of any substances or goods, and nothing in this Act limits or otherwise affects any provisions. Section 3E inserted 8 July 2003 section 9 Imports and Exports (Restrictions) Amendment Act 2003 4: Offences 1: Every person commits an offence who— a: imports into New Zealand or unships or lands in New Zealand any goods whose importation is prohibited by any Order in Council made under section 3 ab: exports, or transports with intent to export, goods from New Zealand in breach of an Order in Council made under section 3A b: commits any breach of, or fails in any respect to comply with, any term or condition on, or subject to, which there has been granted, under any Order in Council made under section 3 section 3A 2: Every person commits an offence who— a: is knowingly concerned in any importation, exportation, transportation, shipment, b: without lawful justification or excuse, removes from any Customs place or Customs controlled area any imported goods whose importation constitutes an offence under this section; or c: is knowingly concerned in or connives at the removal from any Customs place or Customs controlled area of any goods whose importation constitutes an offence under this section. 3: Subsection (3A) applies where goods are imported into, or are exported from, New Zealand under the authority of a licence or permit granted under an Order in Council made under section 3 section 3A 3A: A person commits an offence who— a: knowingly makes a false declaration or statement for the purpose of obtaining the licence or permit: b: knowingly makes a false declaration or statement as to compliance with a condition on, or subject to, which the licence or permit was granted: c: otherwise knowingly makes a false declaration or statement in relation to the importation or exportation of the goods. 4: Every person who commits an offence against this section is liable to a fine not exceeding,— a: in the case of an individual, $5,000, and in the case of a body corporate, $25,000; or b: in either case, an amount equal to 3 times the value of the goods to which the offence relates,— whichever is the greater. 5: Any goods in respect of which any offence against this section is committed shall be forfeited. 6: Any Order in Council made under section 3 or section 3A 7: 8: Proceedings for an offence against this section or against any Order in Council made under section 3 3A 9: Despite anything to the contrary in section 25 section 3 3A 10: When the amount of a fine under this section is to be determined by reference to the value of any goods, their value shall be estimated according to the price for which goods of the like kind and of the best quality, on which duties (if any) have been paid, are available in New Zealand at the time of the offence. Section 4(1)(ab) inserted 8 July 2003 section 10(1) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(1)(b) substituted 8 July 2003 section 10(2) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(2)(a) amended 8 July 2003 section 10(3) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(2)(b) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 4(2)(c) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 4(3) substituted 8 July 2003 section 10(4) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(3A) inserted 8 July 2003 section 10(4) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(6) amended 8 July 2003 section 10(5) Imports and Exports (Restrictions) Amendment Act 2003 Section 4(7) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(8) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(9) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 5: Delegation of powers by Minister and Secretary Section 5 repealed 1 July 2011 section 10 Imports and Exports (Restrictions) Amendment Act 2011 6: Regulations 1: The Governor-General may from time to time, by Order in Council, make all such regulations as may be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof. 2: Without limiting the general power to make regulations conferred by this section, regulations may be made under this section prescribing fines for offences against the regulations not exceeding $5,000 in the case of an individual, and $25,000 in the case of a body corporate. 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 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Savings After the commencement of this Act, the Import Control Regulations 1988 Trade and Industry Act 1956

DLM126221

1988

Independent Police Conduct Authority Act 1988

1: Short Title and commencement 1: This Act may be cited as the Independent Police Conduct 2: This Act shall come into force on a date to be fixed by the Governor-General by Order in Council. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 April 1989 Police Complaints Authority Act Commencement Order 1988 Section 1(1) amended 29 November 2007 section 5(2) Independent Police Conduct Authority Amendment Act 2007 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Interpretation In this Act, unless the context otherwise requires,— Authority section 4 chairperson section 5A(1) Commissioner Policing Act 2008 member section 5(1) Section 2 Authority substituted 29 November 2007 section 6(1) Independent Police Conduct Authority Amendment Act 2007 Section 2 chairperson inserted 29 November 2007 section 6(1) Independent Police Conduct Authority Amendment Act 2007 Section 2 Commissioner amended 1 October 2008 section 130(1) Policing Act 2008 Section 2 Deputy Authority repealed 29 November 2007 section 6(2) Independent Police Conduct Authority Amendment Act 2007 Section 2 member added 29 November 2007 section 6(3) Independent Police Conduct Authority Amendment Act 2007 3: Act to bind the Crown This Act shall bind the Crown. Independent Police Conduct Authority Heading substituted 29 November 2007 section 7 Independent Police Conduct Authority Amendment Act 2007 4: Independent Police Conduct Authority established There is an authority known as the Independent Police Conduct Authority. Section 4 substituted 29 November 2007 section 7 Independent Police Conduct Authority Amendment Act 2007 4A: Crown entity 1: The Authority is a Crown entity for the purposes of section 7 2: The Crown Entities Act 2004 provides 3: The members of the Authority are the board for the purposes of the Crown Entities Act 2004 4: Section 4A inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 4A(2) amended 29 November 2007 section 8(1) Independent Police Conduct Authority Amendment Act 2007 Section 4A(3) substituted 29 November 2007 section 8(2) Independent Police Conduct Authority Amendment Act 2007 Section 4A(4) repealed 29 November 2007 section 8(2) Independent Police Conduct Authority Amendment Act 2007 4AB: Independence Except as expressly provided in this or any other Act, the Authority 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 Authority (other than the Crown Entities Act 2004 Section 4AB inserted 25 January 2005 section 200 Crown Entities Act 2004 5: Membership of Authority 1: The Authority consists of up to 5 members appointed by the Governor-General on the recommendation of the House of Representatives. 2: Subsection (1) applies despite section 28(1)(b) Section 5 substituted 29 November 2007 section 9 Independent Police Conduct Authority Amendment Act 2007 5A: Chairperson of Authority 1: The Governor-General, on the recommendation of the House of Representatives, must appoint 1 member as the chairperson of the Authority. 2: A person appointed as the chairperson of the Authority must be a Judge or a retired Judge. 3: Subsection (1) applies despite clause 1(2) Section 5A inserted 29 November 2007 section 9 Independent Police Conduct Authority Amendment Act 2007 5B: Appointment of Judge as member of Authority 1: The appointment of a Judge as a member of the Authority does not affect his or her judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges that he or she has as a Judge, including matters relating to superannuation. 2: The time a Judge serves as a member of the Authority must be taken as service as a Judge. Section 5B inserted 29 November 2007 section 9 Independent Police Conduct Authority Amendment Act 2007 5C: Resignation of member 1: A member may resign from office by written notice to the Governor-General (with a copy to the Authority) signed by the member. 2: The resignation is effective on receipt by the Governor-General of the notice or at any later time specified in the notice. 3: This section applies despite section 44 Section 5C inserted 29 November 2007 section 9 Independent Police Conduct Authority Amendment Act 2007 6: 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 Section 6 substituted 29 November 2007 section 10 Independent Police Conduct Authority Amendment Act 2007 7: Filling of vacancy 1: If a vacancy occurs in the membership of the Authority, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor. 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 ensuing 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. Section 7 substituted 29 November 2007 section 10 Independent Police Conduct Authority Amendment Act 2007 8: Deputy Police Complaints Authority Section 8 repealed 29 November 2007 section 11 Independent Police Conduct Authority Amendment Act 2007 9: Salaries and allowances Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004 10: Staff Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 11: Superannuation or retiring allowances For the purpose of providing a superannuation fund or retiring allowance for members of the Authority retirement scheme (within the meaning of section 6(1) Section 11 substituted 18 December 1992 section 4 Higher Salaries Commission Amendment Act (No 2) 1992 Section 11 amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 11 amended 29 November 2007 section 12 Independent Police Conduct Authority Amendment Act 2007 11A: Funds of Authority Section 11A repealed 25 January 2005 section 200 Crown Entities Act 2004 11B: Bank accounts Section 11B repealed 25 January 2005 section 200 Crown Entities Act 2004 11C: Accounts and audit Section 11C repealed 25 January 2005 section 200 Crown Entities Act 2004 11CA: Crown entity Section 11CA repealed 25 January 2005 section 200 Crown Entities Act 2004 11D: Investment of money Section 11D repealed 25 January 2005 section 200 Crown Entities Act 2004 11E: Exemption from income tax The income of the Authority shall be exempt from income tax. Section 11E inserted 1 April 1989 Police Complaints Authority Amendment Act 1988 Functions of Authority 12: Functions of Authority 1: The functions of the Authority shall be— a: to receive complaints— i: alleging any misconduct or neglect of duty by any Police employee ii: concerning any practice, policy, or procedure of the Police affecting the person or body of persons making the complaint in a personal capacity: b: to investigate of its own motion, where it is satisfied that there are reasonable grounds to carry out an investigation in the public interest, any incident involving death or serious bodily harm notified to the Authority by the Commissioner under section 13 c: to take such action in respect of complaints, incidents, and other matters as is contemplated by this Act. 2: In the course of taking action in respect of any complaint the Authority may investigate any apparent misconduct or neglect of duty by a Police employee 2A: The Authority may receive complaints relating to a matter specified in subsection (1)(a) that occurred before, on, or after 1 April 1989. 3: Nothing in subsection (1) shall authorise the Authority to investigate any matter relating to the terms and conditions of service of any person as a Police employee Section 12(1)(a)(i) amended 1 October 2008 section 130(1) Policing Act 2008 Section 12(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 12(2A) inserted 29 November 2007 section 13 Independent Police Conduct Authority Amendment Act 2007 Section 12(3) amended 1 October 2008 section 130(1) Policing Act 2008 13: Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm Where a Police employee his or her Section 13 amended 1 October 2008 section 130(1) Policing Act 2008 Section 13 amended 29 November 2007 section 14 Independent Police Conduct Authority Amendment Act 2007 14: Mode of complaint 1: A complaint may be made either orally or in writing. 2: A complaint made orally shall be reduced to writing as soon as practicable. 3: A complaint may be made to the Authority, to any Police employee a Registrar or Deputy Registrar of the District Court 4: Any Ombudsman or Registrar or Deputy Registrar to whom a complaint is made shall forward it to the Authority as soon as practicable. 5: Notwithstanding any provision in any enactment, where any letter appearing to be written by or on behalf of— a: a person in custody on a charge or after conviction of any offence; or b: a patient of any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 is addressed to the Authority, the person for the time being in charge of the place or institution where the person is in custody or is a patient shall immediately forward the letter, unopened, to the Authority. Section 14(3) amended 1 March 2017 section 261 District Court Act 2016 Section 14(3) amended 1 October 2008 section 130(1) Policing Act 2008 Section 14(5)(b) amended 29 November 2007 section 15 Independent Police Conduct Authority Amendment Act 2007 15: Duty of Commissioner to notify Authority of complaints 1: The Commissioner shall notify the Authority 2: Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint. Section 15(1) amended 29 November 2007 section 16(1) Independent Police Conduct Authority Amendment Act 2007 Section 15(2) added 29 November 2007 section 16(2) Independent Police Conduct Authority Amendment Act 2007 16: Duty of Authority to notify Commissioner of complaints The Authority shall notify the Commissioner as soon as practicable of every complaint received by it, other than a complaint notified to it by the Commissioner. 17: Action upon receipt of complaint 1: On receiving or being notified of a complaint under this Act, the Authority may do all or any of the following: a: investigate the complaint itself, whether or not the Police have commenced a Police investigation: ab: refer the complaint to the Police for investigation by the Police: b: defer action until the receipt of a report from the Commissioner on a Police investigation of the complaint undertaken on behalf of the Authority c: oversee a Police investigation of the complaint: ca: defer action until the receipt of a report from the Commissioner following a criminal investigation or a disciplinary investigation, or both, initiated and undertaken by the Police: d: decide, in accordance with section 18 2: Subject to subsection (2A), the Authority shall, as soon as practicable, advise the Commissioner and the complainant of the procedure it proposes to adopt under subsection (1). 2A: Where— a: a complaint is made to the Police; and b: the Authority decides to adopt the procedure provided for in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (ca) c: the Authority is satisfied that the Police will inform the complainant of the procedure to be followed,— the Authority is not required to inform the complainant in accordance with subsection (2) of the procedure it proposes to follow. 3: Where any complaint appears to the Authority to be capable of resolution by conciliation Section 17(1)(ab) inserted 29 November 2007 section 17(1) Independent Police Conduct Authority Amendment Act 2007 Section 17(1)(b) amended 29 November 2007 section 17(2) Independent Police Conduct Authority Amendment Act 2007 Section 17(1)(ca) inserted 29 November 2007 section 17(3) Independent Police Conduct Authority Amendment Act 2007 Section 17(2) substituted 1 July 1994 Police Complaints Authority Amendment Act 1994 Section 17(2A) inserted 1 July 1994 section 2 Police Complaints Authority Amendment Act 1994 Section 17(2A)(b) amended 29 November 2007 section 17(4) Independent Police Conduct Authority Amendment Act 2007 Section 17(3) amended 1 October 2008 section 130(1) Policing Act 2008 18: Authority may decide to take no action on complaint 1: The Authority may in its discretion decide to take no action, or, as the case may require, no further action, on any complaint if— a: the complaint relates to a matter of which the person alleged to be aggrieved has had knowledge for more than 12 months before the complaint was made; or b: in the opinion of the Authority— i: the subject matter of the complaint is minor ii: the complaint is frivolous or vexatious or is not made in good faith; or iii: the person alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or iv: the identity of the complainant is unknown and investigation of the complaint would thereby be substantially impeded; or v: there is, or was, in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives, that it would be reasonable, or would have been reasonable, for the person alleged to be aggrieved to exercise. 2: The Authority may decide not to take any further action on a complaint if, in the course of the investigation of the complaint by the Authority or the Police, or as a result of the Commissioner's report on a Police investigation, it appears to the Authority that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. 3: In any case where the Authority decides to take no action, or no further action, on a complaint, it shall inform the complainant of that decision and the reasons for it. Section 18(1)(b)(i) amended 29 November 2007 section 18(1) Independent Police Conduct Authority Amendment Act 2007 Section 18(1)(b)(v) substituted 29 November 2007 section 18(2) Independent Police Conduct Authority Amendment Act 2007 19: Subsequent powers in relation to complaint The Authority may at any time— a: review a Police investigation of a complaint: b: decide to investigate a complaint itself: c: where it oversees a Police investigation, give such directions to the Police concerning the investigation as it thinks fit: d: direct the Police to reopen an investigation, and thereafter oversee the investigation: e: direct the Police to reconsider their proposals for action on a complaint: f: decide, in accordance with section 18 g: decide that no action by the Authority is required on the ground that it considers that the outcome of a Police investigation is satisfactory. 20: Duty of Commissioner to report to Authority on Police investigation of complaint 1: The Commissioner shall as soon as practicable, and in no case later than 2 months, after the completion of a Police investigation of a complaint, report to the Authority— a: whether the complaint has been upheld and, if so, what action has been taken or is proposed to be taken to rectify the matter: b: whether the complaint has been settled by conciliation. 2: When reporting to the Authority under this section, the Commissioner shall supply to the Authority accompanying material sufficient to enable the Authority to assess the adequacy of the Police investigation. 3: The Commissioner may consult the Authority on any Police proposals for action on a complaint before reporting to the Authority under this section. 21: Commissioner to provide information and assistance at request of Authority 1: The Commissioner shall, whenever the Authority so requests, provide to the Authority all such information and assistance as is necessary for the proper performance by the Authority of its functions in relation to its investigation of any complaint, incident, or other matter under this Act. 2: Where the Authority oversees a Police investigation of a complaint, the Commissioner shall, whenever the Authority so requests, provide to the Authority— a: any or all information in the possession or under the control of the Police that is relevant to the complaint: b: a report on the progress of the investigation. 22: Power of Police to investigate complaints and other matters 1: Nothing in this Act shall prevent the Commissioner from commencing or continuing a Police investigation into any complaint, incident, or other matter. 2: If, either before or after the commencement of a Police investigation, the Commissioner forms a view that the complaint, incident, or other matter should be investigated by the Authority, the Commissioner may request the Authority to do so. Proceedings of Authority 23: Proceedings of Authority 1: Before proceeding to investigate any matter under this Act the Authority shall inform the Commissioner, the complainant (if any), and, unless the interests of justice otherwise require, any person alleged to be aggrieved (if not the complainant) of its intentions to make the investigation. 2: Every investigation by the Authority under this Act shall be conducted in private. 3: Subject to section 31 a: the Authority may hear or obtain information from such persons as it thinks fit, including, where it considers that cultural matters are a factor relevant to a complaint or investigation, information from such persons as the Authority thinks have knowledge or experience in those matters: b: it shall not be necessary for the Authority to hold any hearing: ba: the Authority may, in deciding whether to hold a hearing, have regard to whether any of the following are pending or are reasonably in contemplation: i: civil, criminal, or disciplinary proceedings: ii: a coroner's inquest: c: no person shall be entitled as of right to be heard by the Authority. 4: Subject to the provisions of this Act, the Authority may regulate its procedure in such manner as it thinks fit. 5: The Authority has, for the purposes of any hearing under subsection (3), the same powers as are conferred on commissions of inquiry by sections 4 4B to 9 6: Sections 4 4B to 9 7: If there is any inconsistency between a provision of this Act and a provision of the Commissions of Inquiry Act 1908 Section 23(3)(ba) inserted 29 November 2007 section 19(1) Independent Police Conduct Authority Amendment Act 2007 Section 23(4) added 1 July 1994 Police Complaints Authority Amendment Act 1994 Section 23(5) added 29 November 2007 section 19(2) Independent Police Conduct Authority Amendment Act 2007 Section 23(6) added 29 November 2007 section 19(2) Independent Police Conduct Authority Amendment Act 2007 Section 23(7) added 29 November 2007 section 19(2) Independent Police Conduct Authority Amendment Act 2007 24: Powers of Authority in relation to investigations 1: The Authority may require any person who in its opinion is able to give information relating to any matter under investigation by the Authority to furnish such information, and to produce such documents or things in the possession or under the control of that person, as in the opinion of the Authority are relevant to the subject matter of the investigation. 2: The Authority may summon before it and examine on oath any person who in its opinion is able to give any information relating to the matter under investigation, and may for the purpose administer an oath to any person so summoned. 3: Every such examination by the Authority shall be deemed to be a judicial proceeding within the meaning of section 108 25: Protection and privileges of witnesses, etc 1: Except as provided in subsection (2) and in section 26(2) 2: Where the Authority requires any person to give any information or produce any document or thing, and compliance with that requirement would breach an obligation of secrecy or non-disclosure imposed on that person by or under any enactment,— a: the existence of the obligation shall not constitute a ground for refusal or failure to give the information or produce the document or thing, as the case may be; and b: compliance with any such requirement is not a breach of the relevant obligation of secrecy or non-disclosure, or of the enactment or provision by which that obligation is imposed. 3: No person shall be liable to prosecution for an offence against any enactment, other than section 37 section 24 4: Except in proceedings for perjury within the meaning of the Crimes Act 1961 section 37 a: no statement made or answer given by any person in the course of any investigation by or proceedings before the Authority shall be admissible in evidence against that or any other person in any court or in any inquiry or other proceeding; and b: no evidence in respect of proceedings before the Authority shall be given against any person. 5: Where the attendance of any person is required by the Authority under section 24 were a: the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 b: the Authority 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. Section 25(5) amended 29 November 2007 section 20 Independent Police Conduct Authority Amendment Act 2007 Section 25(5)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 26: Disclosure of certain matters not to be required 1: 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,— the Authority shall not require the information to be given, or, as the case may be, the document or thing to be produced. 2: Except as provided in subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest, shall not apply in respect of any investigation by or proceedings before the Authority. Procedure on completion of investigation 27: Procedure after investigation by Authority 1: Where the Authority itself undertakes an investigation under this Act it shall form an opinion on whether or not any decision, recommendation, act, omission, conduct, policy, practice, or procedure which was the subject matter of the investigation was contrary to law, unreasonable, unjustified, unfair, or undesirable. 2: The Authority shall convey its opinion, with reasons, to the Commissioner, and may make such recommendations as it thinks fit, including a recommendation that disciplinary or criminal proceedings be considered or instituted against any Police employee Section 27(2) amended 1 October 2008 section 130(1) Policing Act 2008 28: Procedure after investigation by Police 1: Where the Commissioner reports to the Authority, pursuant to section 20 2: After considering the Commissioner's report and forming its opinion, the Authority— a: shall indicate to the Commissioner whether or not it agrees with the Commissioner's decision or proposed decision in respect of the complaint: b: may, where it disagrees with the Commissioner's decision or proposed decision, make such recommendations, supported by reasons, as it thinks fit, including a recommendation that disciplinary or criminal proceedings be considered or instituted against any Police employee Section 28(2)(b) amended 1 October 2008 section 130(1) Policing Act 2008 29: Implementation of recommendations of Authority 1: The Commissioner shall, as soon as reasonably practicable after receiving any recommendation of the Authority under section 27(2) section 28(2) a: notify the Authority of the action (if any) proposed to be taken to give effect to the recommendation; and b: give reasons for any proposal to depart from, or not to implement, any such recommendation. 2: If, within a reasonable time after a recommendation is made, no action is taken which seems to the Authority to be adequate and appropriate, the Authority must a: send a copy of its opinion and recommendations on the matter, together with the comments of the Commissioner, to the Attorney-General and the Minister of Police; and b: where it considers it appropriate, transmit to the Attorney-General for tabling in the House of Representatives such report on the matter as it thinks fit. 3: The Attorney-General shall, as soon as practicable after receiving a report under subsection (2)(b), lay the report before the House of Representatives. Section 29(2) amended 29 November 2007 section 21 Independent Police Conduct Authority Amendment Act 2007 30: Parties to be informed of progress and result of investigation Where the Authority investigates a complaint, it shall— a: conduct the investigation with due expedition; and b: if it seems appropriate, inform the complainant and the Commissioner of the progress of the investigation; and c: in every case inform the parties concerned, as soon as reasonably practicable after the conclusion of the investigation, and in such manner as it thinks proper, of the result of the investigation. 31: Adverse comment The Authority shall not, in any opinion or recommendation given under section 27 section 28 section 29 section 34 Miscellaneous provisions 32: Authority and staff to maintain secrecy 1: The Authority, every member of the Authority, 2: Notwithstanding subsection (1), the Authority may disclose such matters as in the opinion of the Authority ought to be disclosed— a: for the purposes of carrying out an investigation or other duty of the Authority under this Act; or b: in order to establish grounds for the Authority's conclusions and recommendations,— other than any matter which is likely to prejudice any of the interests described in subsection (1) of section 26 3: 4: Subsection (1) applies to a person employed in the department responsible for the administration of the Public Records Act 2005 section 26 Section 32(1) amended 29 November 2007 section 22(1) Independent Police Conduct Authority Amendment Act 2007 Section 32(3) repealed 29 November 2007 section 22(2) Independent Police Conduct Authority Amendment Act 2007 Section 32(4) added 21 April 2005 section 67(1) Public Records Act 2005 Section 32(4) amended 1 February 2011 section 19 Public Records Amendment Act (No 2) 2010 33: Proceedings privileged 1: Subject to subsection (2),— a: no proceedings, whether civil or criminal, may lie against the Authority, any member of the Authority, or any person holding any office or appointment under the Authority, for anything done or said by them in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that they acted in bad faith: b: the Authority, members of the Authority, and any person holding office or appointment under the Authority must not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in the exercise of their functions under this Act. 2: Nothing in subsection (1) applies in respect of proceedings for— a: an offence against section 78 78AA(1) 78A(1) 105 105A b: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A c: the offence of attempting to commit an offence against section 78 78AA(1) 78A(1) 105 105A d: an offence against section 37 3: Anything said or any information given or any document or thing produced by any person in the course of any investigation by or proceedings before the Authority under this Act shall be privileged in the same manner as if the investigation or proceedings were proceedings in a court. 4: For the purposes of clause 3 a: any report, opinion, or recommendation given by the Authority under section 27 section 28 section 29 b: any report published by the Authority or the Commissioner under section 34 shall be deemed to be an official report made by a person holding an inquiry under the authority of the Government of New Zealand. 5: This section applies despite section 121 6: Sections 59(3) 60 Section 33(1)(a) substituted 29 November 2007 section 23 Independent Police Conduct Authority Amendment Act 2007 Section 33(1)(b) substituted 29 November 2007 section 23 Independent Police Conduct Authority Amendment Act 2007 Section 33(2)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 33(2)(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 33(2)(c) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 33(4) amended 1 February 1993 section 56(1) Defamation Act 1992 Section 33(5) added 25 January 2005 section 200 Crown Entities Act 2004 Section 33(6) added 25 January 2005 section 200 Crown Entities Act 2004 34: Publication of reports by Authority and by Commissioner 1: The Authority may from time to time, in the public interest or in the interests of any person, publish reports relating to— a: the general exercise of its functions under this Act; or b: any particular case or cases in relation to which it has exercised its functions under this Act,— whether or not the matters dealt with in the report have been the subject of a report to the Attorney-General and the Minister of Police, or to the House of Representatives, under section 29 2: The Commissioner may, after receiving from the Authority any opinion or recommendation given under section 27 section 28 3: In determining the desirability or extent of publication under subsection (2), the Commissioner shall take into account any recommendation of the Authority concerning publication. 4: Neither the Authority nor the Commissioner shall, in any report published under this section, disclose any matter which is likely to prejudice any of the interests described in subsection (1) of section 26 35: Annual report Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004 36: Delegation of powers by Authority Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004 37: Offences Every person commits an offence under this Act and is liable on a: without reasonable excuse, obstructs, hinders, or resists the Authority or any b: without reasonable excuse, refuses or fails to comply with any requirement of the Authority or any c: makes any statement or gives any information to the Authority, or to any Section 37 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 37(a) amended 29 November 2007 section 24 Independent Police Conduct Authority Amendment Act 2007 Section 37(b) amended 29 November 2007 section 24 Independent Police Conduct Authority Amendment Act 2007 Section 37(c) amended 29 November 2007 section 24 Independent Police Conduct Authority Amendment Act 2007 38: Money to be appropriated by Parliament for purposes of this Act Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004 38A: Crimes of Torture Act 1989 not limited Nothing in this Act limits the operation of Part 2 Section 38A inserted 5 December 2006 section 14 Crimes of Torture Amendment Act 2006 39: Amendments to other Acts Section 39 repealed 25 January 2005 section 200 Crown Entities Act 2004 Transitional provisions Heading inserted 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 40: Complaints made to Police Complaints Authority Any complaint made to the Police Complaints Authority before the commencement of the Independent Police Conduct Authority Amendment Act 2007 that had not been finally dealt with before the commencement of that Act must be dealt with by the Authority under this Act (as amended by the Independent Police Conduct Authority Amendment Act 2007), whether or not any action was taken in relation to the complaint before the commencement of the Independent Police Conduct Authority Amendment Act 2007. Section 40 substituted 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 41: Police Complaints Authority is chairperson 1: The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007 section 4(2) section 5A(1) section 9 2: The person who is taken to have been appointed as the chairperson of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 4(2) Independent Police Conduct Authority Amendment Act 2007 Section 41 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 42: Deputy Police Complaints Authority is member of Authority 1: The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007 section 8 section 5(1) section 9 2: The person who is taken to have been appointed as a member of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 8 Independent Police Conduct Authority Amendment Act 2007 Section 42 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 43: Employees and officers transferred to Authority 1: Every employee or officer appointed by the Police Complaints Authority immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007 2: For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee or officer,— a: the contract of employment of that employee or officer is taken to be unbroken; and b: the employee's or officer's period of service with the Police Complaints Authority and every other period of service of that employee or officer that was recognised by the Police Complaints Authority as continuous service is taken to have been a period of service with the Authority. 3: A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee or officer of the Police Complaints Authority. Section 43 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 44: References to Police Complaints Authority On the commencement of the Independent Police Conduct Authority Amendment Act 2007 Section 44 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 45: Proceedings to which Police Complaints Authority party Any proceedings to which the Police Complaints Authority was a party or that the Police Complaints Authority was considering bringing before the commencement of the Independent Police Conduct Authority Amendment Act 2007 Section 45 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 46: Assets and liabilities vest in Authority On the commencement of the Independent Police Conduct Authority Amendment Act 2007 Section 46 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 47: Authority must arrange annual report and accounts The Authority must perform the reporting requirements, and comply with the reporting obligations, relating to annual financial statements, annual reports, and audits that the Police Complaints Authority would have performed and complied with under the Police Complaints Authority Act 1988, the Crown Entities Act 2004 Public Finance Act 1989 Section 47 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007 48: Obligations and rights concerning Commission of Inquiry into Police Conduct unchanged On the commencement of the Independent Police Conduct Authority Amendment Act 2007 Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 Section 48 added 29 November 2007 section 25 Independent Police Conduct Authority Amendment Act 2007

DLM138786

1988

Bank of New Zealand Act 1988

1: Short Title This Act may be cited as the Bank of New Zealand Act 1988. 2: Interpretation 1: In this Act, unless the context otherwise requires,— Act Companies Act 1955 appointed day Order in Council section 4 articles section 4 memorandum section 4 Minister Registrar 2: In this Act, depending upon the context in which the term is used, Bank a: Bank of New Zealand constituted under the Bank of New Zealand Act 1979 b: that bank deemed to be incorporated and registered as a company under the Act by virtue of this Act. 3: Act to bind the Crown This Act shall bind the Crown. 4: Incorporation of Bank as a company under the Companies Act 1955 1: Notwithstanding anything contained in the Act, on a date to be appointed by the Governor-General by Order in Council 2: An Order in Council may be made at any time after the Governor-General is advised by the Minister that the following documents have been delivered to the Registrar: a: a memorandum of association in a form which the Minister considers, after consultation with the Bank, to be appropriate and which states the name of the Bank and that the liability of its members is limited: b: articles of association in a form which the Minister considers, after consultation with the Bank, to be appropriate: c: a notice of situation of registered office as required by section 115 of the Act 3: Nothing in sections 14, 15, and 25 of the Act 4: Nothing in sections 20 and 23(1)(c) of the Act 5: The memorandum and articles of association of the Bank shall be the memorandum and articles delivered to the Registrar under this section. 6: Nothing in subsection (5) shall prevent the memorandum and articles being altered, amended, or substituted in accordance with the Act. 7: On or before the appointed day the Registrar shall issue a certificate of incorporation in respect of the Bank. 8: Without limiting subsection (1) the certificate of incorporation shall be conclusive evidence that the Bank was, on the appointed day, registered as a company under Part 2 of the Act 9: In the application of section 200 of the Act a: nothing in subsection (4) of that section shall be construed to require the return containing the particulars of the directors and secretary to have endorsed on it or be accompanied by, a written consent to act as a director by any person who holds office as a director of the Bank on the appointed day by virtue of this Act; and b: subsection (5)(a) of that section shall apply as if those directors had been appointed as directors of the Bank on the appointed day. 10: 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(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Effect of registration under the Act 1: Notwithstanding any other enactment or rule of law, from the commencement of the appointed day the Bank shall be deemed to be a company incorporated and registered under Part 2 of the Act section 6 2: The Bank is, and shall continue to be, the same legal entity as the Bank originally incorporated under The New Zealand Bank Act 1861 Bank of New Zealand Act 1979 a: the deemed incorporation and registration of the Bank as a company shall not affect rights, interests, liabilities, or obligations existing immediately before the appointed day: b: real and personal property (including choses in action) belonging to or vested in the Bank immediately before the appointed day shall continue to belong to or vest in the Bank as so incorporated. 6: Supplementary provisions relating to share capital and other matters 1: The Bank shall be deemed to have been incorporated on the appointed day with an authorised and registered capital of $1,000,000,000 divided into 2 000 000 000 shares of 50 cents each. 2: On the appointed day the Crown and every other person who was registered as the holder of shares in the capital of the Bank immediately before the appointed day shall continue to be registered as the holder of those shares paid up to the same extent and subject to the rights and obligations conferred or imposed by the articles and by law. 3: Nothing in section 60 of the Act 4: Section 64 of the Act 5: Nothing in sections 117 and 134 of the Act subsection (1) of section 135 subsection (1) of section 152 of the Act 6: Nothing in section 135(1) of the Act 7: Nothing in section 152(1) of the Act section 152(1) of the Act preceding account 8: Nothing in section 152(2) of the Act 9: The Bank shall continue to be deemed to be registered as a registered bank pursuant to section 38E of the Reserve Bank of New Zealand Act 1964 10: Every director of the Bank holding office immediately before the appointed day shall, subject to the articles, continue to hold office on and after the appointed day for the residue of the term for which that director was appointed. 11: The Chairman and the Deputy Chairman of the Bank holding office immediately before the appointed day shall, subject to the articles, continue to hold office as Chairman and Deputy Chairman respectively on and from the appointed day. 12: Nothing in section 184(1) of the Act 7: Crown shareholding 1: The Minister may, from time to time, on behalf of the Crown, subscribe for or otherwise acquire shares in the capital of the Bank in addition to the shares held by the Minister on the appointed day. 2: The Minister may, from time to time, on behalf of the Crown, subscribe for or otherwise acquire shares in the capital of any company which, at the time of subscription or acquisition, is a subsidiary of the Bank as defined in section 158(1) of the Companies Act 1955 3: Shares in the capital of the Bank or any company referred to in subsection (2) held on behalf of the Crown shall be held by the person for the time being holding office as Minister of Finance. 4: The Minister of Finance may exercise all or any of the Crown's rights and powers as the holder of shares in the capital of the Bank or that company. 5: Any money required to be paid by the Minister on subscribing for, or otherwise acquiring, shares in the capital of the Bank or that company shall be paid out of money appropriated by Parliament for the purpose. Section 7 substituted 31 July 1989 Bank of New Zealand Amendment Act 1989 8: Crown not liable for debts of Bank On and after the appointed day the Crown shall not be liable to contribute towards the payment or satisfaction of any debts or liabilities of the Bank any sum other than— a: any sum payable to the Bank out of money appropriated by Parliament in respect of shares in the capital of the Bank subscribed for, or otherwise acquired, by the Minister that are not fully paid up; and b: any sum that the Crown is liable to contribute by virtue of any guarantee, indemnity, or security given by the Minister pursuant to the Public Finance Act 1989 Section 8(b) amended 26 July 1989 section 86(1) Public Finance Act 1989 9: Annual report 1: Within 3 months after the end of every financial year of the Bank after the appointed day, being a financial year at the end of which the Crown held directly or indirectly more than 50% of the ordinary shares in the capital of the Bank or had the right to control the composition of its board of directors, the Bank shall— a: prepare a general report on the operations of the Bank and its subsidiaries during that year; and b: submit that report, together with the audited consolidated financial statements of the Bank for that year, to the Minister. 2: The Minister shall lay a copy of the report, those financial statements, and the auditor's report before the House of Representatives not later than the 16th sitting day after the date on which the Minister receives them. 10: Auditors The person or persons holding office as the auditors of the Bank immediately before the appointed day shall continue to hold that office on and after the appointed day and until the conclusion of the next annual general meeting of the Bank after the appointed day as if appointed to that office under section 163(1) of the Act 11: Trustee investment Section 11 repealed 30 January 2021 section 161 Trusts Act 2019 12: Status of directors and employees of Bank No person shall be deemed, on or after the appointed day, to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 public service for the purposes of the Public Service Act 2020 Section 12 amended 7 August 2020 section 135 Public Service Act 2020 13: Repeals and savings 1: The following enactments are hereby repealed on the appointed day: a: the Bank of New Zealand Act 1979 b: the Bank of New Zealand Amendment Act 1986 2: Section 15 of the Bank of New Zealand Act 1979

DLM136767

1988

Tariff Act 1988

1: Short Title and commencement 1: This Act may be cited as the Tariff Act 1988. 2: This Act shall come into force on 1 December 1988. 2: Interpretation 1: In this Act, unless the context otherwise requires,— 2010 Tariff Document section 9A(1) AANZFTA ASEAN chief executive country CPTPP Customs the Customs Customs by section 5(1) Customs value value has the meaning given to Customs value by section 5(1) duty goods imported section 5(1) importer least developed country section 7A(1)(c) less developed country section 7A(1)(d) manufacturing area section 5(1) Minister Normal Tariff PACER Plus preferential abbreviation section 7(3) preferential country section 7(3) Preferential Tariff prescribed chief executive rate of duty RCEP ship shipment to ship South Pacific Regional Trade and Economic Co-operation Agreement specified AANZFTA party section 7A(1)(a) specified CPTPP party section 7A(1)(baa) specified PACER Plus party section 7A(1)(bb) specified RCEP party section 7A(1)(bc) specified TPA party under section 7A(1)(b) specified TPP party section 7A(1)(ba) Standard Tariff statistical key 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) is on or after 1 January 2010 from time to time amended, modified, or revoked and replaced, then despite paragraph (a) means that Tariff as from time to time amended, modified, or revoked and replaced Tariff heading heading Tariff item Tariff subheading subheading TPA TPP Working Tariff Document Public Service Act 2020 2: Section 2(1) 2010 Tariff Document inserted 8 December 2009 section 6(2) Tariff Amendment Act 2009 Section 2(1) AANZFTA inserted 1 January 2010 section 5(4) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) ASEAN inserted 1 January 2010 section 5(4) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) chief executive replaced 26 March 2015 section 4(1) Tariff Amendment Act 2015 Section 2(1) Collector repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Comptroller repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) country inserted 13 December 2020 section 4 Tariff (PACER Plus) Amendment Act 2018 Section 2(1) CPTPP inserted 30 December 2018 section 79 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 2(1) Customs the Customs substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Customs the Customs amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) Customs value value amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) imported inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) imported amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) least developed country amended 1 January 2010 section 5(1) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) less developed country amended 1 January 2010 section 5(2) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) manufacturing area substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) manufacturing area amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) Minister replaced 26 March 2015 section 4(2) Tariff Amendment Act 2015 Section 2(1) Normal Tariff amended 1 June 2000 section 3(2)(a) Tariff (Zero Duty Removal) Amendment Act 2000 Section 2(1) PACER Plus inserted 13 December 2020 section 4 Tariff (PACER Plus) Amendment Act 2018 Section 2(1) preferential abbreviation inserted 1 January 2010 section 5(4) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) preferential country inserted 1 January 2010 section 5(4) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) Preferential Tariff amended 1 June 2000 section 3(2)(a) Tariff (Zero Duty Removal) Amendment Act 2000 Section 2(1) prescribed amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 2(1) RCEP inserted 1 January 2022 section 6 Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021 Section 2(1) Secretary repealed 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 2(1) South Pacific Regional Trade and Economic Co-operation Agreement inserted 23 February 1995 Tariff Amendment Act 1994 Section 2(1) specified AANZFTA party inserted 1 January 2010 section 5(4) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) specified CPTPP party inserted 30 December 2018 section 79 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 2(1) specified PACER Plus party inserted 13 December 2020 section 4 Tariff (PACER Plus) Amendment Act 2018 Section 2(1) specified RCEP party inserted 1 January 2022 section 6 Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021 Section 2(1) specified TPA party inserted 1 May 2006 section 5 Tariff (Trans-Pacific Strategic Economic Partnership) Amendment Act 2006 Section 2(1) specified TPA party amended 1 January 2010 section 5(3) Tariff (AANZFTA) Amendment Act 2009 Section 2(1) specified TPP party inserted 30 December 2018 section 79 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 2(1) Standard Tariff amended 1 June 2000 section 3(2)(a) Tariff (Zero Duty Removal) Amendment Act 2000 Section 2(1) Tariff substituted 1 January 2010 section 6(1) Tariff Amendment Act 2009 Section 2(1) TPA added 1 May 2006 section 5 Tariff (Trans-Pacific Strategic Economic Partnership) Amendment Act 2006 Section 2(1) TPP inserted 30 December 2018 section 79 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 2(1) Working Tariff Document added 8 December 2009 section 6(2) Tariff Amendment Act 2009 Section 2(1) Working Tariff Document amended 7 August 2020 section 135 Public Service Act 2020 Section 2(2) repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 2A: Act to bind the Crown This Act binds the Crown. Section 2A inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 3: The Tariff 1: Duties must be levied, collected, and paid in accordance with the Tariff, or with a transitional safeguard measure , an emergency action measure, 2: Subsection (1) applies to goods that, after the commencement on 1 December 1988 of this Act, are— 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) is subject to the provisions of this Act. 4: In this section, transitional safeguard measure emergency action measure provisional transitional safeguard measure section 15A Section 3 substituted 1 January 2010 section 9(2) Tariff Amendment Act 2009 Section 3(1) amended 30 December 2018 section 80(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 3(4) inserted 30 December 2018 section 80(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 3A: Removal of all tariff duties by no later than 1 July 2006 Section 3A repealed 1 June 2000 section 3(1) Tariff (Zero Duty Removal) Amendment Act 2000 3B: Limits on rates of duty for certain goods pending removal of duty Section 3B repealed 1 June 2000 section 3(1) Tariff (Zero Duty Removal) Amendment Act 2000 4: Enforcement of Tariff 1: The enforcement and collection of duties payable under this Act shall be a function of Customs. 2: Section 4(2) repealed 1 October 2018 section 443(3) Customs and Excise Act 2018 5: Value of goods for the purpose of applying Tariff Except as otherwise expressly provided in this Act, the value of any imported goods for the purposes of applying the Tariff shall be the Customs value of the goods. 1966 No 19 s 136 6: Duty payable under Normal Tariff Subject to this Act, the duty (if any) payable under the Normal Tariff shall be paid on all goods imported into New Zealand or entered therein for home consumption or entered therein for delivery to a manufacturing area. 1966 No 19 s 150(1) 7: Application of Tariff 1: The Tariff applies to goods in a Tariff item that are the produce or manufacture of a preferential country at the rate— a: specified after the preferential abbreviation (if any) in the column of the Tariff headed Preferential Tariff; or b: specified in some other way (for example, in a footnote or other indicator) in the Tariff by reference to the preferential country or the preferential abbreviation; or c: specified in an agreement or document incorporated into an Order in Council in reliance on section 7C 2: The liability to duty of any goods that are the produce or manufacture of a country must, for the purposes of this section, be determined according to the status of that country at the time when the goods are imported into New Zealand. 3: In this section, unless the context otherwise requires,— preferential abbreviation note 3 of the Tariff preferential country note 3 of the Tariff Section 7 substituted 1 January 2010 section 6 Tariff (AANZFTA) Amendment Act 2009 Section 7(1)(c) added 1 January 2010 section 5 Tariff Amendment Act 2009 Section 7(3) preferential abbreviation amended 1 January 2010 section 9(4) Tariff Amendment Act 2009 Section 7(3) preferential country amended 1 January 2010 section 9(4) Tariff Amendment Act 2009 7A: Orders in Council about preferential countries 1: The Governor-General may, by Order in Council, do all or any of the following: a: declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act: b: declare a country to be a specified TPA party for the purposes of this Act if the country— i: is a party to the TPA; or ii: is provisionally applying the terms of the TPA: baa: declare a country that is a party to the CPTPP to be a specified CPTPP party for the purposes of this Act: ba: declare a country that is a party to the TPP to be a specified TPP party for the purposes of this Act: bb: declare a country that is a party to the PACER Plus to be a specified PACER Plus party for the purposes of this Act: bc: declare a country that is a party to the RCEP to be a specified RCEP party for the purposes of this Act: c: declare a country to be, or not to be, a least developed country for the purposes of this Act: d: declare a country to be, or not to be, a less developed country for the purposes of this Act. 2: The Governor-General may, by an Order in Council making a declaration under subsection (1) about a country or any other Order in Council relating to that country,— a: declare that, in relation to any specified Tariff items, any rate of duty or exemption from duty otherwise applicable to that country is not to apply to that country: b: modify, in whole or in part, the Tariff rates of duty applicable to goods from that country. 3: No modification under subsection (2)(b) relating to a specified TPA party , a specified RCEP party, a specified PACER Plus party, a: necessary or advisable in the public interest; and b: consistent with New Zealand's international obligations. 4: No modification under subsection (2)(b) relating to a less developed country or a least developed country may have the effect of imposing on any goods a higher duty than that set out in respect of those goods in the Normal Tariff. 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 7A substituted 1 January 2010 section 6 Tariff (AANZFTA) Amendment Act 2009 Section 7A(1)(baa) inserted 30 December 2018 section 81(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 7A(1)(ba) inserted 30 December 2018 section 81(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 7A(1)(bb) inserted 13 December 2020 section 5(1) Tariff (PACER Plus) Amendment Act 2018 Section 7A(1)(bc) inserted 1 January 2022 section 7(1) Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021 Section 7A(3) amended 1 January 2022 section 7(2) Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021 Section 7A(3) amended 13 December 2020 section 5(2) Tariff (PACER Plus) Amendment Act 2018 Section 7A(3) amended 30 December 2018 section 81(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 7A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7B: Evidence of whether South Pacific Regional Trade and Economic Co-operation Agreement is in force in relation to country 1: A certificate given by the Secretary of Foreign Affairs and Trade to the effect that any country is or is not one in relation to which, at the time of the importation or entry of the goods into New Zealand, the South Pacific Regional Trade and Economic Co-operation Agreement was in force for the purposes of this Act is conclusive evidence of that fact. 2: Any court or any person acting judicially to which or to whom, in any proceeding, any certificate under subsection (1) is produced must take judicial notice of the signature on it of the Secretary of Foreign Affairs and Trade. 3: For the purposes of this section,— court the District Court District Court a: the Family Court; and b: the Youth Court person acting judicially proceeding a: a proceeding conducted by a court; and b: any interlocutory or other application to a court connected with a proceeding. Section 7B inserted 1 January 2010 section 6 Tariff (AANZFTA) Amendment Act 2009 Section 7B(3) court amended 1 March 2017 section 261 District Court Act 2016 Section 7B(3) District Court replaced 1 March 2017 section 261 District Court Act 2016 7C: Incorporation of provisions by reference in Orders in Council 1: An Order in Council made under section 9 10 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 Order in Council 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. 4: See section 9C(3) Legislation Act 2019 Section 7C inserted 1 January 2010 section 4 Tariff Amendment Act 2009 Section 7C heading amended 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 7C(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7C(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7D: Effect of amendments to, or replacement of, provisions incorporated by reference An amendment to, or replacement of, provisions incorporated under section 7C Section 7D inserted 1 January 2010 section 4 Tariff Amendment Act 2009 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. Section 7E inserted 1 January 2010 section 4 Tariff Amendment Act 2009 7F: Access to provisions incorporated by reference 1: The chief executive must— a: ensure that copies of any provisions incorporated under section 7C b: ensure that copies of the provisions are published on an Internet site that is, so far as practicable, publicly available free of charge; and c: ensure that copies of the provisions are available for purchase at a reasonable price at places specified in a notice given under paragraph (d); and d: give notice in the Gazette i: the provisions are incorporated in 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 Section 7F inserted 1 January 2010 section 4 Tariff Amendment Act 2009 7G: Application of Legislation Act 2012 to provisions incorporated by reference: publication and disallowance Section 7G repealed 28 October 2021 section 3 Secondary Legislation Act 2021 7H: Application of Regulations (Disallowance) Act 1989 to provisions incorporated by reference Section 7H repealed 5 August 2013 section 77(3) Legislation Act 2012 8: Concessions 1: The Minister may from time to time, in the Minister's discretion and in accordance with Part 2 of the Tariff, approve in respect of the entry of goods— a: of any of the classes specified in Part 2; or b: in any of the circumstances specified in Part 2,— the appropriate rate of duty or exemption specified in Part 2. 2: The Minister may from time to time, by notice in the Gazette 1966 No 19 s 120(5) 9: Alterations and modifications of Tariff 1: Subject to subsection (2), the Governor-General may, by Order in Council, alter the existing Tariff in whole or in part and may impose on any goods such duties, or create such exemptions from duties, as the Governor-General thinks fit. 2: The Governor-General shall not make an Order in Council under this section which has the effect of imposing on any goods a higher duty than specified in respect of those goods in the Normal Tariff, unless the Governor-General is satisfied that such an order is necessary or advisable in the public interest and is in conformity with New Zealand's international obligations. 3: Any Order in Council under this section may relate generally to all goods or to goods of any specified class or classes or to goods imported from any specified country or from any specified person. 4: Section 9C 1966 No 19 ss 124, 125, 127, 128 Section 9(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 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), the chief executive must be satisfied that the copy is or includes a full and accurate copy of the contents of Schedule 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 3: The chief executive must ensure that— a: references in the certified copy to Schedule 3 b: the certified copy indicates clearly that any information in it that is not the contents of Schedule 1 Section 9A substituted 8 December 2009 section 7 Tariff Amendment Act 2009 9B: Access to Tariff 1: The chief executive must— a: ensure that copies of the documents referred to in subsection (2) are published on an Internet site that is, so far as practicable, publicly available free of charge; and b: ensure that copies of the documents referred to in subsection (2) are available for purchase at a reasonable price at the places specified in a notice given under subsection (5) 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 10 3: Every version of the Tariff referred to in subsection (2)(a) and published or made available under subsection (1) must— 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 2018 details of prohibited imports: tables explaining the correlation between former and current Tariff items. 5: The chief executive must give notice in the Gazette Section 9B inserted 1 January 2010 section 8 Tariff Amendment Act 2009 Section 9B(1)(b) amended 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 9B(4) example amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 9B(5) inserted 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 9C: Application of Legislation Act 2019 to Orders in Council and notices 1: The following are secondary legislation ( see Part 3 a: an order under section 9 10(1) b: a notice under section 10(2) 2: Section 67(d)(i) 3: Subpart 1 section 114 section 7C 4: An order under section 9 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 referred to in subsection (1)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1)(a) Publication The maker must ensure that section 9B LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (1)(b). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1)(b) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9C replaced 28 October 2021 section 3 Secondary Legislation Act 2021 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) Section 9D inserted 1 January 2010 section 8 Tariff Amendment Act 2009 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 Section 9E inserted 1 January 2010 section 8 Tariff Amendment Act 2009 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 10 secondary legislation 3: Part 2 4: Nothing in this Act limits or affects the application of— a: Part 2 b: Part 2 section 9 10 Section 9F inserted 1 January 2010 section 8 Tariff Amendment Act 2009 Section 9F(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9F(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9F(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9F(4)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 9G: References to Schedule 1 Every reference in the following to the Tariff or to Schedule 1 section 2 section 6(1) a: an enactment not added, amended, inserted, or substituted by the Tariff Amendment Act 2009 b: a document in operation at that commencement. Section 9G inserted 1 January 2010 section 8 Tariff Amendment Act 2009 10: Alterations to nomenclature 1: The Governor-General may, from time to time, by Order in Council amend the Tariff— a: by revoking, or amending any heading, heading number, subheading, item, or item number, or the title of any Part, section, chapter, or subchapter of the Tariff, or by inserting any new heading, heading number, subheading, item, or item number, or title, in such manner as is necessary for the purpose of ensuring that the Tariff conforms to any international nomenclature; or b: by revoking, suspending, or amending any provision of the notes forming part of the Tariff, or by inserting any new provision in the notes, for the purpose of ensuring the proper operation of the Tariff; or c: by revoking, suspending, or amending any statistical requirements of the Tariff. 2: Notwithstanding anything in subsection (1)(c), the Minister may, by notice 3: The statistical requirements of the Tariff shall be those set out in the columns headed Statistical Key in the Tariff, including any amendment thereof that may hereafter be made. 4: No amendment made pursuant to this section shall alter the duties or exemptions from duty applicable to goods classified under any item or heading so amended. 5: Section 9C 1966 No 19 s 123 Section 10(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 11: Orders in Council relating to Tariff are confirmable instruments Section 11 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 11A: Effect of disallowance or resolution to amend or replace Order in Council by House of Representatives 1: This section applies if— a: an Order in Council is made under this Act (other than under section 9 b: the House of Representatives resolves to— i: disallow the order under section 116 ii: amend or replace the order under section 119 2: Any duty collected under the order in excess of the duty otherwise payable must, so far as that resolution provides, be refunded. Section 11A replaced 28 October 2021 section 3 Secondary Legislation Act 2021 12: Actions pending alteration of Tariff 1: When any resolution in favour of an alteration of the Tariff has in any session of Parliament been passed by the House of Representatives or any committee thereof, that resolution shall be deemed to have the force of law until such time as it is validated by an Act of Parliament or, where no such Act is enacted, the last day of that session and no action shall lie against the Crown, any Minister, or any person to whom the powers under this Act have been delegated, or constable 2: For the purpose of any limitation period or other limitation defence prescribed by an enactment, any claim that is subject to subsection (1) must 3: For the purpose of determining whether any act done by the Minister, or constable 4: A resolution under subsection (1)— a: is secondary legislation ( see Part 3 b: may, if the terms of the resolution so provide, commence even if it is not yet published. 5: The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 1966 No 19 s 133 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 is not disallowable LA19 ss 115 116 This note is not part of the Act. Section 12(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 12(2) amended 1 January 2011 section 58 Limitation Act 2010 Section 12(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 12(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 12(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 13: Certain Orders in Council relating to duties may be retrospective 1: Any Order in Council made under this Act may be retrospective so far as it has the effect of exempting any goods from duty, or of reducing the rate or amount of duty payable in respect of any goods. 2: In any such case, refunds of duty may be made in respect of such goods accordingly, but no such refunds shall be made except in respect of goods entered for home consumption within the period of 6 months immediately preceding the date of the Order in Council. 1966 No 19 s 132 14: Determinations relating to unassembled goods for use in manufacture or assembly of motor vehicles 1: In respect of any subheading or item of the Tariff, where provision has been made for a determination relating to goods imported unassembled for the use in the assembly, completion, or manufacture of motor vehicles (being vehicles falling within Tariff headings 87.01, 87.03, 87.04, and 87.06 of the Tariff) the Minister may, from time to time by notice in the Gazette 2: Any notice under this section may from time to time in like manner be varied or revoked. 3: Goods entered for the purpose of parts and accessories in relation to vehicles falling within Tariff headings 87.01, 87.03, 87.04, and 87.06 of the Tariff shall be entered with their appropriate item in Part 1 of the Tariff and shall be subject to the duties specified in those items. 1966 No 19 s 121 15: Power of chief executive For the purposes of this Act— a: the chief executive chief executive b: the production of any document under the hand of the chief executive chief executive Section 15 heading amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 15(a) amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 15(b) amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 15A: Interpretation In this section and sections 15B to 15H China FTA directly competitive goods emergency action investigation section 15B(1A) emergency action measure section 15F free trade agreement a: the Thai FTA; or b: the China FTA ; or c: the AANZFTA and AANZFTA side instruments that relate to safeguards ; or d: the Malaysia FTA; or e: the Republic of Korea FTA; or f: the CPTPP; or g: the TPP; or h: the RCEP; or i: the UK FTA industry a: the New Zealand producers, as a whole, of like or directly competitive goods; or b: the New Zealand producers of like or directly competitive goods whose collective output constitutes a major proportion of the total production of those goods like goods a: other goods that are like those goods in all respects; or b: in the absence of goods referred to in paragraph (a), goods that have characteristics closely resembling those goods Malaysia FTA provisional transitional safeguard measure section 15H Republic of Korea FTA serious injury Thai FTA transitional safeguard investigation section 15B(1) transitional safeguard measure section 15F UK FTA Section 15A inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 Section 15A China FTA inserted 1 October 2008 section 7(2) Tariff Amendment Act 2008 Section 15A emergency action investigation inserted 30 December 2018 section 82(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15A emergency action measure inserted 30 December 2018 section 82(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15A free trade agreement substituted 1 October 2008 section 7(1) Tariff Amendment Act 2008 Section 15A free trade agreement amended 1 January 2010 section 8 Tariff (AANZFTA) Amendment Act 2009 Section 15A free trade agreement added 1 January 2010 section 8 Tariff (AANZFTA) Amendment Act 2009 Section 15A free trade agreement amended 1 August 2010 section 4(1) Tariff (Malaysia Free Trade Agreement) Amendment Act 2010 Section 15A free trade agreement replaced 20 December 2015 section 4(1) Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Act 2015 Section 15A free trade agreement replaced 30 December 2018 section 82(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15A free trade agreement inserted 30 December 2018 section 82(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15A free trade agreement inserted 30 December 2018 section 82(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15A free trade agreement inserted 1 January 2022 section 8 Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021 Section 15A free trade agreement inserted 31 May 2023 section 22(1) United Kingdom Free Trade Agreement Legislation Act 2022 Section 15A Malaysia FTA inserted 1 August 2010 section 4(2) Tariff (Malaysia Free Trade Agreement) Amendment Act 2010 Section 15A Republic of Korea FTA inserted 20 December 2015 section 4(2) Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Act 2015 Section 15A Thai FTA inserted 1 October 2008 section 7(2) Tariff Amendment Act 2008 Section 15A transitional safeguard investigation inserted 30 December 2018 section 82(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15A UK FTA inserted 31 May 2023 section 22(2) United Kingdom Free Trade Agreement Legislation Act 2022 15B: Chief executive may undertake transitional safeguard or emergency action 1: The chief executive may undertake a transitional safeguard investigation to ascertain whether goods that have been subject to tariff reduction or removal after the entry into force of a free trade agreement a: are being imported in increased quantities (in absolute terms or relative to domestic production); and b: are causing, or threatening to cause, serious injury to an industry producing a like or directly competitive good. 1A: The chief executive may undertake an emergency action investigation to ascertain whether textile or apparel goods that have been subject to tariff reduction or removal after the entry into force of the CPTPP or the TPP— a: are being imported in increased quantities (in absolute terms or relative to the domestic market); and b: are causing, or threatening to cause, serious damage to an industry producing a like or directly competitive good. 2: The chief executive may undertake a transitional safeguard investigation or an emergency action investigation a: either— i: after receiving a written request by or on behalf of an industry concerned, if the chief executive is satisfied that the request contains evidence to justify the investigation; or ii: on his or her own initiative; and b: only if the relevant free trade agreement or an emergency action measure Section 15B inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 Section 15B heading amended 30 December 2018 section 83(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15B(1) amended 1 October 2008 section 8(1) Tariff Amendment Act 2008 Section 15B(1A) inserted 30 December 2018 section 83(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15B(2) amended 30 December 2018 section 83(3)(a) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15B(2)(b) amended 30 December 2018 section 83(3)(b) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15B(2)(b) amended 1 October 2008 section 8(2) Tariff Amendment Act 2008 15C: Investigative procedures 1: Before any transitional safeguard investigation or emergency action investigation the investigation a: are consistent with New Zealand's international obligations; and b: include the following matters: i: the provision of public notice of the investigation , which must, in the case of an emergency action investigation, include the criteria for a finding of serious damage or a threat of serious damage ii: an opportunity for interested parties to respond to submissions of other parties; and iii: the treatment of confidential material provided by interested parties. 2: The chief executive may amend the procedures specified under subsection (1). 3: An amendment to the procedures does not apply to an investigation being undertaken when the amendment comes into force, unless the amendment specifies otherwise. 4: The chief executive must publish the procedures, and any amendments to the procedures, in the Gazette Section 15C inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 Section 15C(1) amended 30 December 2018 section 84(1)(a) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15C(1) amended 30 December 2018 section 84(1)(b) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15C(1)(b)(i) amended 30 December 2018 section 84(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 15D: Matters to be taken into account by chief executive 1: When the chief executive is investigating, for the purposes of section 15B(1) a: the rate and amount of the increase in the volume of imports of the goods, in absolute terms and relative to domestic production; and b: the economic impact of the increased importation of the goods on the industry, including actual decline in output, sales, market share, profits, productivity, employment, and utilisation of production capacity; and c: factors other than the imports that have injured, or are injuring, the industry; and d: any other factors considered relevant to New Zealand's international obligations. 2: When the chief executive is investigating, for the purposes of section 15B(1A) a: must evaluate the following matters: i: the rate and amount of the increase in the volume of imports of the goods, in absolute terms or relative to the domestic market; and ii: the economic impact of the increased importation of the goods on the industry, including changes in output, market share, profits, productivity, employment, utilisation of capacity, inventories, exports, wages, domestic prices, and investment; and iii: factors other than the imports that have damaged, or are damaging, the industry; and iv: any other factors considered relevant to New Zealand’s international obligations; but b: must not consider changes in technology or consumer preference in New Zealand as factors supporting a determination that importation of textile or apparel goods subject to tariff reduction or removal is causing or threatens to cause serious damage to an industry. Section 15D inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 Section 15D(1) amended 30 December 2018 section 85(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15D(2) inserted 30 December 2018 section 85(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 15E: Publication of investigation results 1: As soon as practicable after completing an investigation under section 15B 2: The chief executive must— a: make copies of the report available, free of charge, on the Internet; and b: give notice in the Gazette Section 15E inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 15F: Application of transitional safeguard or emergency action 1: The Minister may decide to apply a transitional safeguard measure if he or she makes a determination, as a result of the investigation by the chief executive under section 15B a: are being imported in increased quantities (in absolute terms or relative to domestic production); and b: are causing, or threatening to cause, serious injury to an industry producing a like or directly competitive good. 1A: The Minister may decide to apply an emergency action measure if he or she makes a determination, as a result of the investigation by the chief executive under section 15B a: are being imported in increased quantities (in absolute terms or relative to the domestic market); and b: are causing, or threatening to cause, serious damage to an industry producing a like or directly competitive good. 2: A transitional safeguard or emergency action a: the date specified in the measure (which may be a date before, on, or after the date on which the determination is made); or b: if no date is specified in the measure, the date on which the determination is made under subsection (1) or (1A) 3: A transitional safeguard or emergency action a: on the date specified in the measure; or b: at an earlier date (if any) specified by the Minister by notice in the Gazette 4: The Minister must ensure that— a: any transitional safeguard measure is applied only to the extent necessary to prevent or remedy serious injury and facilitate adjustment; and aa: any emergency action measure is applied only to the extent necessary to prevent or remedy serious damage and facilitate adjustment; and b: the nature, rate, extent, and duration of the transitional safeguard or emergency action the relevant free trade agreement c: any transitional safeguard or emergency action the relevant free trade agreement d: any transitional safeguard or emergency action 5: The Minister's decision to apply a transitional safeguard or emergency action Gazette 6: A transitional safeguard or emergency action 7: If the Minister applies an emergency action measure under this section, the chief executive must, in respect of each year or part of a year that the measure remains in force, provide a report to the affected CPTPP or TPP party, as the case may be, on the action. Section 15F inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 Section 15F heading amended 30 December 2018 section 86(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(1A) inserted 30 December 2018 section 86(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(2) amended 30 December 2018 section 86(3) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(2)(b) amended 30 December 2018 section 86(4) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(3) amended 30 December 2018 section 86(5) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(4)(aa) inserted 30 December 2018 section 86(6) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(4)(b) amended 30 December 2018 section 86(7) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(4)(b) amended 1 October 2008 section 9(1) Tariff Amendment Act 2008 Section 15F(4)(c) amended 30 December 2018 section 86(7) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(4)(c) amended 1 October 2008 section 9(2) Tariff Amendment Act 2008 Section 15F(4)(d) amended 30 December 2018 section 86(7) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(5) amended 30 December 2018 section 86(7) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(6) amended 30 December 2018 section 86(7) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15F(7) inserted 30 December 2018 section 86(8) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 15G: Extension of transitional safeguard or emergency action The Minister may extend a transitional safeguard or emergency action section 15F a: consistent with the provisions of the relevant free trade agreement; and b: not inconsistent with New Zealand's other international obligations. Section 15G substituted 1 October 2008 section 10 Tariff Amendment Act 2008 Section 15G heading amended 30 December 2018 section 87(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 15G amended 30 December 2018 section 87(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 15H: Provisional transitional safeguard measure 1: Following the initiation of an investigation under section 15B a: goods that have been subject to tariff reduction or removal after the entry into force of the relevant free trade agreement i: are being imported in increased quantities (in absolute terms or relative to domestic production); and ii: are causing, or threatening to cause, serious injury to an industry producing a like or directly competitive good; and b: there exist,— i: in relation to a provisional transitional safeguard measure to be applied under the Thai FTA, highly unusual and critical circumstances; or ii: in relation to a provisional transitional safeguard measure to be applied under the China FTA, the AANZFTA, the Malaysia FTA, the Republic of Korea FTA, the RCEP, or the UK FTA c: the delay in applying a transitional safeguard measure under section 15F 2: A provisional transitional safeguard measure applies on and from— a: the date specified in the measure (which may be a date before, on, or after the date on which the determination is made); or b: if no date is specified in the measure, the date on which the determination is made under subsection (1). 3: After making a determination under subsection (1), the Minister may apply a provisional transitional safeguard measure. 4: The Minister must ensure that— a: any provisional transitional safeguard measure is applied only to the extent necessary to prevent or remedy serious injury and facilitate adjustment; and b: the nature, rate, extent, and duration of the provisional transitional safeguard measure is consistent with New Zealand's international obligations as a party to the relevant free trade agreement c: any provisional transitional safeguard measure is consistent with the provisions of the relevant free trade agreement d: any provisional transitional safeguard measure is not inconsistent with New Zealand's other international obligations. 5: The Minister's decision to apply a provisional transitional safeguard measure must be published as soon as practicable in the Gazette 6: A provisional transitional safeguard measure, in the form of a duty, applied under subsection (3)— a: is due and payable on the demand of the Customs on and from the date on which the measure applies under subsection (2): b: must be refunded by the Customs in the circumstances specified in subsection (7). 7: The circumstances referred to in subsection (6)(b) are— a: if an investigation under section 15B b: in any other case, to the extent (if any) that the Minister requires the duty to be refunded. 8: No provisional transitional safeguard measure may be applied under the CPTPP or the TPP. Section 15H inserted 1 July 2005 section 7 Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005 Section 15H(1)(a) amended 1 October 2008 section 11(1) Tariff Amendment Act 2008 Section 15H(1)(b) substituted 1 October 2008 section 11(2) Tariff Amendment Act 2008 Section 15H(1)(b)(ii) amended 31 May 2023 section 23 United Kingdom Free Trade Agreement Legislation Act 2022 Section 15H(1)(b)(ii) amended 1 January 2022 section 9 Regional Comprehensive Economic Partnership (RCEP) Legislation Act 2021 Section 15H(1)(b)(ii) amended 20 December 2015 section 5 Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Act 2015 Section 15H(1)(b)(ii) amended 1 August 2010 section 5 Tariff (Malaysia Free Trade Agreement) Amendment Act 2010 Section 15H(4)(b) amended 1 October 2008 section 11(3) Tariff Amendment Act 2008 Section 15H(4)(c) amended 1 October 2008 section 11(4) Tariff Amendment Act 2008 Section 15H(8) inserted 30 December 2018 section 88 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 16: General provisions as to Orders in Council No Order in Council under this Act is Section 16 amended 28 October 2021 section 3 Secondary Legislation Act 2021 16A: Fees 1: The Governor-General may from time to time, by Order in Council, make regulations prescribing the fees to be paid in respect of— a: applications for any approval under section 8(1) i: of any of the classes specified in Part 2 of the Tariff; or ii: in any of the circumstances specified in Part 2 of the Tariff: b: applications for any withdrawal or modification, under section 8(2) 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 16A inserted 8 August 1990 section 2 Tariff Amendment Act 1990 Section 16A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16B: Regulations relating to goods temporarily imported and drawbacks of duty 1: The Governor-General may from time to time, by Order in Council, make regulations— a: declaring specified goods or classes of goods subject to duty under this Act to be goods in respect of which the provisions of section 136 b: declaring specified goods or classes of goods subject to duty under this Act to be goods in respect of which the provisions of section 147 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 16B inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 16B(1)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16B(1)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 17: Transitional provisions 1: At any time after the date on which this Act receives the Governor-General's assent, the Governor-General may, by Order in Council, exercise in respect of the Tariff, with effect from the commencement of this Act, any of the powers to alter or modify the Tariff, and create exemptions in respect of any goods, conferred on the Governor-General by any provision of this Act for the purpose of giving effect to that provision, and for the purpose of bringing the Tariff into effective operation at the commencement of this Act. 2: Any Order in Council made under section 120 of the Customs Act 1966 3: Every reference in any enactment (including any Order in Council), in force at the commencement of this Act to the Customs Tariff shall be read as if it were a reference to the Tariff. 18: Consequential amendments 1: The enactments specified in Schedule 2 2: The enactments specified in Schedule 3 3: 4: 5: Amendment(s) incorporated in the regulations Section 18(3) repealed 1 January 1995 section 2(2) General Agreement on Tariffs and Trade Act Repeal Act 1994 Section 18(4) repealed 1 January 1995 section 2(2) General Agreement on Tariffs and Trade Act Repeal Act 1994

DLM139719

1988

Tauranga-Moana Maori Trust Board Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Tauranga-Moana Maori Trust Board Amendment Act 1988, and shall be read together with and deemed part of the Tauranga-Moana Maori Trust Board Act 1981 2: This Act shall come into force on the 28th day after the date on which it receives the Royal assent. 2: Number of initial members Notwithstanding anything in section 5(1)

DLM132540

1988

Health Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Health Amendment Act 1988, and shall be read together with and deemed part of the Health Act 1956 2: Section 4 3: Except as provided in subsection (2) 2: 1: 2: 3: This subsection repealed the definitions of Inspector Inspector of Health section 2(1) 4: Every reference to an Inspector in the principal Act or in any other enactment passed before the commencement of this Act shall now be read as a reference to an Environmental Health Officer. 5: Every reference to an Inspector of Health in the principal Act or in any other enactment passed before the commencement of this Act shall now be read as a reference to a Health Protection Officer. Subsection (1) repealed 1 July 1993 2(9) Health Amendment Act 1993 Subsection (2) repealed 1 July 1993 2(9) Health Amendment Act 1993 3: Section 3 repealed 1 July 1993 6(2) Health Amendment Act 1993 4: Board of Health abolished 1: The Board of Health is hereby abolished. 2: 3: 4: 5: Section 5 repealed 1 July 1993 7(2)(b) Health Amendment Act 1993 6: Section 6 repealed 1 July 1993 2 Health Amendment Act (No 2) 1993 7: 1: 2: The following enactments are hereby consequentially repealed: a: Section 104 b: So much of the Schedule to the Health Amendment Act 1979 section 104 c: So much of Schedule 1 to the Health Amendment Act 1982 sections 102 104 8:

DLM139726

1988

Securities Markets Act 1988

1: Short Title and commencement 1: This Act is the Securities Markets Act 1988. 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 36 Part 3 section 41 sections 42 to 44 Section 1(1) substituted 1 December 2002 section 4(2) Securities Markets Amendment Act 2002 2: Interpretation 1: In this Act, unless the context otherwise requires,— acquire a: includes obtain by buying or subscribing; and b: includes agree to acquire; but c: in Part 3 section 37(1) associated persons persons associated with each other authorised advertisement section 2(1) authorised futures contract Part 3 section 37(1) authorised futures exchange section 37(1) authorised futures market section 37(1) business business rules section 36H(1)(b) change section 36J(2) chief executive civil remedy order section 42R civil remedy provision section 42S class commodity Part 3 section 37(1) company section 2(1) consideration continuous disclosure direction section 36ZP continuous disclosure exemption a: if section 19C b: if section 19C section 48E continuous disclosure obligation section 19B section 19C continuous disclosure provisions section 19D contravene Part 5 provision a: a contravention of the provision; or b: an attempt to contravene the provision; or c: aiding, abetting, counselling, or procuring any other person to contravene the provision; or d: inducing, or attempting to induce, any other person, whether by threats or promises or otherwise, to contravene the provision; or e: being in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention by any other person of the provision; or f: conspiring with any other person to contravene the provision control subpart 1B section 36S co-operative company Co-operative Companies Act 1996 court deal Part 3 section 37(5) and (6) dealings in securities subpart 2 a: means, in relation to securities listed on a registered market i: acquiring or disposing of securities (and, in the case of a futures contract, these steps include acquiring or disposing of as defined in section 37(1) ii: offering securities for subscription and issuing and allotting securities; or iii: underwriting securities; or iv: anything that is preparatory to, or related to, any dealings in securities (for example, giving investment advice) unless an exception applies to those dealings under that subpart; and b: means, in relation to securities that are not listed on a registered market c: excludes any dealings exempted by regulations made under section 49D director a: in relation to a company, any person occupying the position of a director of the company by whatever name called: b: in relation to a partnership (other than a 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, partnership, or special partnership or limited partnership e: in relation to any other person, that person directors' and officers' disclosure obligation sections 19T to 19V dispose of a: includes dispose of by selling, allotting, withdrawing from, or terminating; and b: includes agree to dispose of; but c: in Part 3 section 37(1) distribute a: make available, publish, and circulate; and b: communicate by letter, newspaper, broadcasting, sound recording, television, cinematographic film, video, or any form of electronic or other means of communication document a: 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 encourage engaging in conduct a: omitting to do an act; or b: making it known that an act will or will not be done exchange participant a: a public issuer: b: a person authorised by a registered exchange to undertake trading activities on, or otherwise participate in, a registered market exemption Part 5 contravening or complying with an exemption FMA Part 2 Financial Markets Authority Act 2011 futures contract section 37 futures market general dealing misconduct prohibition section 13 generally available to the market section 4 holding company sections 5 6 information insider section 8A inside information section 8B insider conduct prohibition sections 8C to 8E issuer section 2(1) listed a registered market listing rules section 36H(1)(a) market manipulation prohibition sections 11 11B market rules a: in relation to a securities market, the business rules and listing rules of a registered exchange for the securities market; and b: in relation to a futures market, the business rules of a registered exchange for the futures market material information section 3 section 3A Minister non-listed securities officer Part 2 a: means a person, however designated, who is concerned or takes part in the management of the public issuer's business; but b: excludes any persons (whether described as a class or otherwise) that are declared by regulations not to be officers for the purposes of this definition operate or futures market prescribed principal officer a: a director of the body; or b: a person in accordance with whose directions or instructions any or all of the directors of the body are accustomed to act (but a person is not a principal officer under this paragraph merely because the directors act on advice given by that person solely in a professional capacity) product advertisement a: means a form of communication that— i: contains or refers to an offer of securities (including derivatives) to the public for subscription, or is reasonably likely to induce persons to subscribe for those securities, being securities to which the communication relates and that have been, or are to be, offered to the public for subscription; and ii: is authorised or instigated by, or on behalf of, an investment adviser or prepared with the co-operation of, or by arrangement with, an investment adviser; and iii: is to be, or has been, distributed to a person; but b: does not include a prospectus or an advertisement as defined in sections 2(1) 2A public issuer a: a person who is a party to a listing agreement with a registered exchange in relation to a registered market (and includes a registered exchange that is listed on its own registered market) b: a person to whom paragraph (a) previously applied, in respect of any action or event or circumstance to which this Act applied at that time registered bank Part 3 section 37(1) registered exchange a: a person that holds a market registration under section 36F b: a subsidiary of a person to which paragraph (a) applies (if the subsidiary operates the registered market): c: a person that is treated as if it were a registered exchange under section 36ZY(4) registered exchange's securities market that is a registered market registered market a: a securities or futures market that is registered under section 36F b: a securities or futures market that is treated as if it were a registered market under section 36ZY(4) related section 5B(2) relevant event sections 22 to 25 relevant interest sections 5 to 5B securities market security a: means— i: any interest in, or right to participate in, any capital, assets, earnings, royalties, or other property of any person: ii: any interest in, or right to be paid, money that is, or is to be, deposited with, lent to, or otherwise owing by, any person (whether or not the interest or right is secured by a charge over any property): iii: any renewal or variation of the terms or conditions of any existing security; but b: in subpart 1 registered market or approved for trading on an authorised futures market Securities Act 1978 section 6A c: in subpart 2 paragraph (a) Part 2 paragraphs (b) to (h) of section 5(1) d: in both subparts 1 2 i: any form of beneficial interest in the security: ii: the power to exercise, or control the exercise of, any right to vote attached to the security: iii: the power to acquire or dispose of, or control the acquisition or disposition of, the security: iv: any power which may exist or arise at any time under any trust, agreement, arrangement, or understanding relating to the security to do anything described in subparagraphs (i) to (iii); and e: f: in Part 5 subsidiary sections 5 6 substantial holding section 21 substantial holding disclosure obligation sections 22 to 27 34 to 35A substantial security holder section 21 Takeovers Act Takeovers Act 1993 takeovers code Takeovers Act trade subpart 1 a: means acquire or dispose of; but b: does not include acquire, or dispose of, by inheritance or gift trading day registered market transacting shareholder section 4 trustee corporation Māori Trustee unsolicited offer section 48DA(1) unsolicited offer obligation section 48DB voting right subpart 1 section 36S voting security a: means a security of the public issuer or body that confers a right to vote at meetings of members or shareholders (whether or not there is any restriction or limitation on the number of votes that may be cast by or on behalf of the holder of the security); and b: includes a security that is convertible into a security of that kind; but c: excludes a security that confers only a right to vote that, under the conditions attached to the security, is exercisable only in 1 or more of the following circumstances: i: during a period in which a dividend (or part of a dividend) in respect of the security is in arrears: ii: on a proposal to reduce the capital of the public issuer or body: iii: on a proposal that affects rights attached to the security: iv: on a proposal to put the public issuer or body into liquidation: v: on a proposal for the disposal of the whole or a material part of the property, business, and undertaking of the public issuer or body: vi: during the liquidation of the public issuer or body. 2: For the purposes of this Act, unless the context otherwise requires, associated persons persons associated with each other a: persons who are relatives within the meaning of the Income Tax Act 2004 b: persons who are partners to whom the Partnership Act 1908 c: bodies corporate that consist substantially of the same shareholders or are under the control of the same persons; or d: a body corporate and a person who has the power, directly or indirectly, to exercise, or control the exercise of, the right to vote attached to 25% or more of the voting securities of the body corporate; or e: a body corporate and a person who is a director or principal officer of the body corporate. 3: Any term or expression that is defined in the Securities Act 1978 Securities Act 1978 4: A term that is defined to have a meaning when used in a particular Part or provision of this Act has the same meaning when it is used in the definition of any other term used in that Part or provision. 5: For the purposes of this Act and every other enactment, unless the context otherwise requires, a person is a party to a listing agreement with a registered exchange if the person is party to that listing agreement in respect of a registered market of the registered exchange (or, in the case of a registered exchange, if the exchange is listed on its own registered market, whether or not under a listing agreement). Section 2 substituted 29 February 2008 section 4 Securities Markets Amendment Act 2006 Section 2(1) advertisement repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) advice advertisement repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) authorised futures market inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) broker advertisement repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) business rules substituted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) change inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) Commission repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) conduct rules repealed 1 May 2011 section 4(1) Securities Markets Amendment Act 2011 Section 2(1) control amended 1 May 2011 section 4(3) Securities Markets Amendment Act 2011 Section 2(1) dealings in securities amended 1 May 2011 section 4(4) Securities Markets Amendment Act 2011 Section 2(1) dealings in securities amended 1 May 2011 section 4(5) Securities Markets Amendment Act 2011 Section 2(1) dealings in securities amended 1 May 2011 section 4(6) Securities Markets Amendment Act 2011 Section 2(1) director amended 2 May 2008 section 121(4) Limited Partnerships Act 2008 Section 2(1) director amended 2 May 2008 section 121(4) Limited Partnerships Act 2008 Section 2(1) director amended 2 May 2008 section 121(4) Limited Partnerships Act 2008 Section 2(1) exchange participant inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) FMA inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) futures contract amended 24 November 2009 section 4(3) Securities Markets Amendment Act 2009 Section 2(1) futures market inserted 24 November 2009 section 4(4) Securities Markets Amendment Act 2009 Section 2(1) investment advice advice repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment adviser adviser repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment advisers' disclosure obligations investment advisers’ obligations repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment broker broker repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment brokers’ disclosure obligations investment brokers’ obligations repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment brokers' service repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment money money repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) investment property property repealed 1 July 2011 section 164(2) Financial Advisers Act 2008 Section 2(1) issuer inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) listed amended 1 May 2011 section 4(7) Securities Markets Amendment Act 2011 Section 2(1) listing rules substituted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) market rules inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) operate amended 24 November 2009 section 4(6) Securities Markets Amendment Act 2009 Section 2(1) public issuer amended 1 May 2011 section 4(8) Securities Markets Amendment Act 2011 Section 2(1) public issuer substituted 1 May 2011 section 4(9) Securities Markets Amendment Act 2011 Section 2(1) registered exchange substituted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) registered exchange's market repealed 24 November 2009 section 4(8) Securities Markets Amendment Act 2009 Section 2(1) registered exchange's securities market inserted 24 November 2009 section 4(8) Securities Markets Amendment Act 2009 Section 2(1) registered exchange's securities market amended 1 May 2011 section 4(10) Securities Markets Amendment Act 2011 Section 2(1) registered market inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) securities exchange repealed 24 November 2009 section 4(9) Securities Markets Amendment Act 2009 Section 2(1) security amended 1 May 2011 section 4(11) Securities Markets Amendment Act 2011 Section 2(1) security repealed 1 July 2011 section 164(3) Financial Advisers Act 2008 Section 2(1) trading day amended 1 May 2011 section 4(12) Securities Markets Amendment Act 2011 Section 2(1) trustee corporation amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 2(1) unsolicited offer inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(1) unsolicited offer obligation inserted 1 May 2011 section 4(2) Securities Markets Amendment Act 2011 Section 2(5) added 1 May 2011 section 4(13) Securities Markets Amendment Act 2011 3: What is material information in relation to public issuer For the purposes of this Act, unless the context otherwise requires, material information section 3A a: a reasonable person would expect, if it were generally available to the market, to have a material effect on the price of listed securities of the public issuer; and b: relates to particular securities, a particular public issuer, or particular public issuers, rather than to securities generally or public issuers generally. Section 3 substituted 29 February 2008 section 4 Securities Markets Amendment Act 2006 3A: What is material information in relation to futures contract For the purposes of this Act, unless the context otherwise requires, material information authorised futures market a: a reasonable person would expect, if it were generally available to the market, to have a material effect on the value of the futures contract; and b: relates to the particular futures contract, rather than to futures contracts generally. Section 3A inserted 29 February 2008 section 4 Securities Markets Amendment Act 2006 Section 3A amended 1 May 2011 section 5 Securities Markets Amendment Act 2011 4: What information is generally available to the market 1: For the purposes of this Act, unless the context otherwise requires, information is generally available to the market a: if— i: it is information that has been made known in a manner that would, or would be likely to, bring it to the attention of persons who commonly invest in relevant securities; and ii: since it was made known, a reasonable period for it to be disseminated among those persons has expired; or b: if it is likely that persons who commonly invest in relevant securities can readily obtain the information (whether by observation, use of expertise, purchase from other persons, or any other means); or c: if it is information that consists of deductions, conclusions, or inferences made or drawn from either or both of the kinds of information referred to in paragraphs (a) and (b). 2: In this section, relevant securities 3: Information that is notified in accordance with a continuous disclosure obligation is generally available to the market under subsection (1)(a) immediately on it being made available to participants in a registered exchange's securities market Section 4 substituted 29 February 2008 section 4 Securities Markets Amendment Act 2006 Section 4(3) amended 24 November 2009 section 22 Securities Markets Amendment Act 2009 5: Relevant interests in securities (basic rule) 1: A person has a relevant interest a: is a registered holder of the security; or b: is a beneficial owner of the security; or c: has the power to exercise, or to control the exercise of, a right to vote attached to the security; or d: has the power to acquire or dispose of, or to control the acquisition or disposition of, the security. 2: It does not matter whether the power or control is express or implied, direct or indirect, legally enforceable or not, related to a particular security or not, exercisable presently or in the future, or exercisable alone or jointly with another person or persons (but a power to cast merely one of many votes is not, in itself, a joint power of this kind). 3: It also does not matter whether or not the power or control is or can be made subject to restraint or restriction or is exercisable only on the fulfilment of a condition. 4: If 2 or more persons can jointly exercise a power, each of them is taken to have that power. Section 5 substituted 29 February 2008 section 4 Securities Markets Amendment Act 2006 5A: Extension of basic rule to powers or controls exercisable through trust, agreement, etc 1: A person has a power or control referred to in section 5 2: It does not matter whether or not the trust, agreement, arrangement, or understanding is legally enforceable or whether or not the person is a party to it. Section 5A inserted 29 February 2008 section 4 Securities Markets Amendment Act 2006 5B: Extension of basic rule to interests held by other persons under control or acting jointly 1: A person ( A B a: B or B's directors are accustomed or under an obligation (whether legally enforceable or not) to act in accordance with A's directions, instructions, or wishes in relation to a power or control referred to in section 5 b: A has the power to exercise, or control the exercise of, the right to vote attached to 20% or more of the securities of B; or c: A has the power to acquire or dispose of, or to control the acquisition or disposition of, 20% or more of the securities of B; or d: A and B are related bodies corporate; or e: A and B have an agreement, arrangement, or understanding to act in concert in relation to a power or control referred to in section 5 2: For the purposes of this Act, a body corporate ( A related B a: B is A's holding company or subsidiary within the meaning of sections 5 6 b: more than half of A's issued shares (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital) is held by B and bodies corporate related to B (whether directly or indirectly, but other than in a fiduciary capacity); or c: more than half of the issued shares (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital) of each of A and B is held by members of the other (whether directly or indirectly, but other than in a fiduciary capacity); or d: the businesses of A and B have been so carried on that the separate business of each body corporate, or a substantial part of that business, is not readily identifiable; or e: there is another body corporate to which A and B are both related. Section 5B inserted 29 February 2008 section 4 Securities Markets Amendment Act 2006 6: Situations not giving rise to relevant interests 1: A person ( A sections 5 to 5B a: the ordinary business of A consists of, or includes, the lending of money or the provision of financial services, or both, and A has the relevant interest only as security given for the purposes of a transaction entered into in the ordinary course of the business of A; or b: A is authorised to undertake trading activities on a registered market c: A has been authorised by resolution of the directors or other governing body of a body corporate to act as its representative at a particular meeting of members, or class of members, of a public issuer, and a copy of the resolution is deposited with the public issuer before the meeting; or d: A is appointed as a proxy to vote at a particular meeting of members, or of a class of members, of the public issuer and the instrument of A's appointment is deposited with the public issuer before the meeting; or e: A is a bare trustee of a trust to which the security is subject; or f: A is a director of a body corporate and the body corporate has a relevant interest in the security; or g: A is a member of a body corporate and the body corporate's constitution gives the member pre-emptive rights on the transfer of the security, if all members have preemptive rights on the same terms. 2: Subsection (1)(a) to (g) does not apply to a person if the person is currently designated by the FMA Gazette section 48C 3: For the purposes of subsection (1)(e), a trustee may be a bare trustee even if he or she is entitled as a trustee to be remunerated out of the income or property of the trust. Section 6 substituted 29 February 2008 section 4 Securities Markets Amendment Act 2006 Section 6(1)(b) amended 1 May 2011 section 6 Securities Markets Amendment Act 2011 Section 6(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 6A: Application of Part 1 to Reserve Bank of New Zealand Section 6A repealed 29 February 2008 section 4 Securities Markets Amendment Act 2006 6B: Act binds the Crown This Act binds the Crown. Section 6B inserted 1 December 2002 section 8 Securities Markets Amendment Act 2002 1: Dealing misconduct Part 1 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 1: Insider conduct and market manipulation prohibitions Subpart 1 heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 Insider conduct prohibited Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 7: Liability of insider who deals in securities of a public issuer Section 7 repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 8: Prohibition of insider conduct A person must not do any of the things set out in sections 8C to 8E Section 8 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 8A: Who is information insider 1: A person is an information insider a: has material information relating to the public issuer that is not generally available to the market; and b: knows or ought reasonably to know that the information is material information; and c: knows or ought reasonably to know that the information is not generally available to the market. 2: A public issuer may be an information insider of itself. Section 8A inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 8B: Meaning of inside information In this subpart, inside information Section 8B inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 8C: Information insider must not trade An information insider of a public issuer must not trade securities of the public issuer. Section 8C inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 8D: Information insider must not disclose inside information An information insider ( A B a: trade securities of the public issuer; or b: if B is already a holder of those securities, continue to hold them; or c: advise or encourage another person ( C Section 8D inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 8E: Information insider must not advise or encourage trading An information insider ( A a: advise or encourage another person ( B b: advise or encourage B to advise or encourage another person ( C Section 8E inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 8F: Criminal liability for insider conduct A person who contravenes any of sections 8C to 8E see section 43 a: that the information is material information; and b: that the information is not generally available to the market; and c: in the case of a contravention of section 8D section 8D(a) to (c) Section 8F inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 When prohibition on insider conduct does not apply Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9: Exception for trading required by enactment Section 8C Section 9 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9A: Exception for disclosure required by enactment Section 8D Section 9A inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9B: Exceptions in respect of underwriting agreements 1: Section 8C 2: Section 8D 3: Section 8E Section 9B inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9C: Exception in case of knowledge of person's own intentions or activities 1: A person ( A section 8C 2: A person ( B section 8E 3: In subsection (2), adviser Section 9C inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9D: Exception for agent executing trading instruction only Section 8C A a: in trading the securities A was acting on behalf of another person ( B b: A traded the securities on B's specific instruction; and c: before trading, A did not disclose inside information to B; and d: A did not advise or encourage B to instruct A to trade. Section 9D inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9E: Exceptions for takeovers 1: Section 8C a: trading that results from a takeover offer under the takeovers code; or b: trading in compliance with regulations made under section 49D(1)(b) c: entering into an agreement to acquire or dispose of securities at a fixed price under a future takeover offer that complies with the takeovers code; or d: the acquisition or disposal of securities in performance of an agreement to acquire or dispose of those securities at a fixed price under a future takeover offer that complies with the takeovers code. 2: Section 8D a: subject to the conditions in subsection (3), disclosure of inside information to a prospective offeror or its advisers under a prospective takeover offer under the takeovers code: b: subject to the conditions in subsection (3), disclosure of inside information to encourage competing bona fide offers to be made in competition with a takeover offer under the takeovers code: c: subject to the conditions in subsection (3), disclosure of inside information by a prospective offeror or its advisers under a prospective takeover offer under the takeovers code for the purpose of forming a consortium to make a takeover offer: d: disclosure of inside information to an independent adviser to enable that adviser to make a report required by the takeovers code. 3: The conditions referred to in subsection (2) are— a: the recipient of the information is bound by a confidentiality agreement in respect of the information; and b: the purpose of the conduct is to enable or encourage the recipient to make a takeover offer or to participate in a takeover offer. 4: Section 8E a: by the directors of a company that is the target company under a takeover offer under the takeovers code, to the extent that the advice or encouragement is given to the company's shareholders and relates to trading or holding their securities; or b: by a prospective offeror under a prospective takeover offer under the takeovers code for the purpose of forming a consortium to make a takeover offer. 5: A person ( A section 8D section 8E B 6: In subsection (5), adviser Section 9E inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9F: Exception for redemption of units in unit trust Section 8C Section 9F inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 9G: Exception for Reserve Bank Section 8C Section 9G inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 Affirmative defences Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 10: Absence of knowledge of trading In any proceeding against a person ( A section 8C Section 10 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 10A: Inside information obtained by independent research and analysis 1: In any proceeding against a person ( A section 8C section 8D 2: In any proceeding against a person ( A section 8E 3: In subsections (1) and (2), research Section 10A inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 10B: Equal information 1: In any proceeding against a person ( A section 8C 2: In any proceeding against a person ( A section 8D 3: In any proceeding against a person ( A section 8D section 8E B 4: In subsection (3), adviser Section 10B inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 10C: Options and trading plans 1: In any proceeding against a person ( A section 8C a: A traded the securities under a fixed trading plan or under options with a fixed exercise price; and b: A entered into the trading plan, or acquired the options, as the case may be,— i: before A obtained the inside information; and ii: without any intent to evade section 8C 2: A fixed trading plan a: is fixed for a period of time; and b: gives the investor no right to withdraw before the end of that period; and c: is not subject to any influence by the investor as to trading decisions after the plan has begun. Section 10C inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 10D: Chinese wall defence 1: In any proceeding against a person ( A sections 8C to 8E a: arrangements existed that could reasonably be expected to ensure that no individual who took part in the active decision received, or had access to, the inside information or was influenced, in relation to that decision, by an individual who had the information; and b: no individual who took part in the active decision received, or had access to, the inside information or was influenced, in relation to that decision, by an individual who had the information; and c: every individual who had the information and every individual who took part in the active decision acted in accordance with the arrangements referred to in paragraph (a). 2: In subsection (1), active decision Section 10D inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 Market manipulation Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 11: False or misleading statement or information A person must not make a statement or disseminate information if— a: a material aspect of the statement or information is false or the statement or information is materially misleading; and b: the person knows or ought reasonably to know that a material aspect of the statement or information is false or that the statement or information is materially misleading; and c: the statement or information is likely to— i: induce a person to trade in the securities of a public issuer; or ii: have the effect of increasing, reducing, maintaining, or stabilising the price for trading in those securities; or iii: induce a person to vote for, or vote against, a transaction, or to abstain from voting in respect of that transaction. Section 11 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 11A: Criminal liability for false or misleading statement or information A person who contravenes section 11 see section 43 Section 11A inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 11B: False or misleading appearance of trading, etc A person must not do, or omit to do, anything if— a: the act or omission will have, or is likely to have, the effect of creating, or causing the creation of, a false or misleading appearance— i: with respect to the extent of active trading in the securities of a public issuer; or ii: with respect to the supply of, demand for, price for trading in, or value of those securities; and b: the person knows or ought reasonably to know that the person's act or omission will, or is likely to have, that effect. Section 11B inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 11C: Presumption as to false or misleading appearance of trading, etc 1: A person ( A section 11B 2: A person ( A section 11B a: A has made an offer to trade the securities of a public issuer; and b: either A or, to A's knowledge, A's associate, has made or proposes to make an opposite offer (the opposite offer c: the opposite offer substantially matches A's offer as to the number and price of the securities. 3: There is no presumption under subsection (1) or subsection (2), and it is a defence in any proceeding against A for contravention of section 11B 4: There is no presumption under subsection (1), and it is a defence in any proceeding against A for contravention of section 11B a: in trading the securities A was acting on behalf of another person; and b: A did not know, and ought not reasonably to have known, when trading the securities that no change in beneficial ownership would result. Section 11C inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 11D: Criminal liability for false or misleading appearance of trading, etc A person who contravenes section 11B see section 43 a: with respect to the extent of active trading in the securities of a public issuer; or b: with respect to the supply of, demand for, price for trading in, or value of those securities. Section 11D inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 Futures contracts Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 11E: Application of subpart 1 to insider conduct in relation to futures contract This subpart applies, with the following modifications and exceptions, to insider conduct in relation to a futures contract that is listed on an authorised futures market a: the term information insider of a public issuer b: the term information insider of the public issuer c: the term material information relating to the public issuer i: the futures contract; or ii: the underlying commodity, index, or asset that is the subject of the futures contract; or iii: the issuer of a security underlying the futures contract: d: the term security e: the term trade the securities of the public issuer f: the term trade or hold securities of the public issuer g: section 8A(2) A public issuer of a security underlying a futures contract may be an information insider in relation to that futures contract h: all other necessary modifications. Section 11E inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 Section 11E amended 1 May 2011 section 7 Securities Markets Amendment Act 2011 2: General dealing misconduct prohibition Subpart 2 heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 General dealing misconduct prohibition Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 12: Exceptions to section 11 Section 12 repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 13: Misleading or deceptive conduct generally (for dealings in listed and non-listed securities) 1: A person must not engage in conduct, in relation to any dealings in securities, that is misleading or deceptive or likely to mislead or deceive. 2: To make the position clear, this section applies more broadly than the rest of this Part and so applies to securities whether listed or non-listed and to all dealings in securities (not only trading). Section 13 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 Exceptions Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 14: Exceptions for takeovers 1: Sections 11 13 Takeovers Act 1993 2: For the purposes of subsection (1), conduct in relation to a takeover offer Section 14 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 15: Exception for repurchase of shares by company Section 13 Companies Act 1993 Section 15 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 16: Exception for offers of securities to public Section 13 Securities Act 1978 Section 16 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 17: Exception for disclosure by investment advisers or brokers Section 17 repealed 1 July 2011 section 50 Financial Advisers Amendment Act 2010 Territorial scope Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 18: Territorial scope of general dealing misconduct prohibition Section 13 a: conduct in New Zealand; and b: conduct outside New Zealand by any person resident, incorporated, or carrying on business in New Zealand to the extent that that conduct relates to dealings in securities that occur (in part or otherwise) within New Zealand. Section 18 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 18A: Commission may exercise public issuer's right of action Section 18A repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 18B: Requirements for Commission exercising public issuer's right of action Section 18B repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 18C: Procedural requirements for leave to exercise public issuer's right of action Section 18C repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 18D: Powers of court for proceedings exercising public issuer's right of action Section 18D repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 18E: Proceedings must not be settled, compromised, or discontinued without approval Section 18E repealed 29 February 2008 section 5 Securities Markets Amendment Act 2006 Liability under Fair Trading Act 1986 Heading inserted 29 February 2008 section 5 Securities Markets Amendment Act 2006 19: No liability under Fair Trading Act 1986 if not liable under this Part A court hearing a proceeding brought against a person under the Fair Trading Act 1986 Section 19 substituted 29 February 2008 section 5 Securities Markets Amendment Act 2006 2: Disclosure Part 2 heading substituted 1 December 2002 section 15 Securities Markets Amendment Act 2002 1: Continuous disclosure by public issuers Subpart 1 inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 Purpose of this subpart Heading inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 19A: Purpose of this subpart 1: The purpose of this subpart is to provide for appropriate continuous disclosure by public issuers of material information that is not generally available to the market. 2: The following criteria are relevant to the implementation of that purpose (without limiting other relevant criteria): a: promoting fair, orderly, and transparent listed markets: b: providing an appropriate level of protection for investors: c: ensuring that the benefits resulting from the continuous disclosure regime justify the costs, including the following costs: i: the value that a public issuer gives up if the information is not kept confidential; and ii: compliance costs for public issuers and registered exchanges in disclosing the information: d: ensuring reasonable consistency and predictability in the application of the continuous disclosure regime: e: avoiding unfair advantages resulting from inappropriate disclosure of information to some, but not all, investors: f: recognising the importance to the New Zealand listed markets of attracting and retaining exchange participants and maintaining international competitiveness: g: h: recognising the importance of maintaining international best practices for continuous disclosure in listed markets: i: 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 New Zealand and Australia. Section 19A inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 Section 19A(2)(a) substituted 1 May 2011 section 8(1) Securities Markets Amendment Act 2011 Section 19A(2)(b) substituted 1 May 2011 section 8(1) Securities Markets Amendment Act 2011 Section 19A(2)(f) substituted 1 May 2011 section 8(2) Securities Markets Amendment Act 2011 Section 19A(2)(g) repealed 1 May 2011 section 8(2) Securities Markets Amendment Act 2011 Continuous disclosure obligation Heading inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 19B: Public issuers must disclose in accordance with listing rules if continuous disclosure listing rules apply 1: A public issuer must notify information in accordance with the continuous disclosure provisions of the listing rules of a registered exchange if— a: the public issuer is a party to a listing agreement with that exchange; and b: the public issuer has information that those continuous disclosure provisions require it to notify; and c: the information is material information that is not generally available to the market; and d: no regulations under section 48E section 19C 2: Subsection (1) does not affect or limit the situations in which action can be taken (other than under Part 5 Section 19B inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 Section 19B(1)(d) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 19B(2) amended 1 May 2011 section 9 Securities Markets Amendment Act 2011 19C: Public issuers must disclose in accordance with regulations if continuous disclosure regulations apply A public issuer must notify information in accordance with the continuous disclosure provisions of regulations made under section 48E a: regulations under section 48E b: the public issuer is a party to a listing agreement with that exchange; and c: the public issuer has information that those continuous disclosure provisions require it to notify; and d: the information is material information that is not generally available to the market. Section 19C inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 Section 19C amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 19C(a) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 19D: What are continuous disclosure provisions For the purposes of this Act, continuous disclosure provisions registered exchange's securities market Section 19D inserted 1 December 2002 section 16 Securities Markets Amendment Act 2002 Section 19D amended 24 November 2009 section 22 Securities Markets Amendment Act 2009 19E: What is material information Section 19E repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19F: What information is generally available to the market Section 19F repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 Enforcement by Commission Heading repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19G: Commission may make orders requiring disclosure or corrective statements Section 19G repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19H: Notice and submissions on Commission's orders Section 19H repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19I: Limited notice and submissions for urgent orders Section 19I repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19J: Offence for failure to comply with Commission orders Section 19J repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 Enforcement—Civil remedies Heading repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19K: Court may make orders requiring disclosure or corrective statements Section 19K repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19L: Court may impose pecuniary penalties Section 19L repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19M: Court may make compensatory orders Section 19M repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19N: Court may order payment of costs Section 19N repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19O: General provisions as to court's orders Section 19O repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19P: Persons entitled to appear before court Section 19P repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19PA: No contravention of continuous disclosure provisions by person who takes reasonable steps to ensure public issuer complies A person ( A a: A took all steps (if any) that were reasonable in the circumstances to ensure that the public issuer complied with the obligation or term or condition; and b: after doing so, A believed on reasonable grounds that the public issuer was complying with the obligation or term or condition. Section 19PA inserted 29 February 2008 section 6 Securities Markets Amendment Act 2006 Regulations requiring continuous disclosure Heading repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19Q: Regulations requiring continuous disclosure Section 19Q repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19R: Requirements for regulations replacing continuous disclosure listing rules Section 19R repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19S: Ongoing requirements for continuous disclosure regulations Section 19S repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 2: Disclosure of relevant interests by directors and officers of public issuers Subpart 2 inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 Directors' and officers' disclosure obligations Heading inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19SA: Purpose of subpart The purpose of this subpart is to promote good corporate governance, and to deter and assist in the monitoring of insider conduct and market manipulation, by— a: ensuring that information about directors' and officers' trading activities in public issuers is available to participants in New Zealand's securities markets; and b: enabling the dates of trades to be checked against the dates at which material information became generally available to the market. Section 19SA inserted 29 February 2008 section 7 Securities Markets Amendment Act 2006 19T: Directors and officers of public issuers must disclose relevant interests and dealings in relevant interests 1: A director or officer of a public issuer who has a relevant interest in a security of the public issuer or a related body corporate must disclose that fact, in accordance with section 19U a: the listing of the public issuer; or b: the person's appointment as a director or officer; or c: the commencement of this section. 2: A director or officer of a public issuer who acquires or disposes of a relevant interest in a security of the public issuer or a related body corporate must disclose that fact, in accordance with section 19U 3: This section is subject to sections 19U to 19Y Section 19T inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19U: What disclosure required 1: The director or officer must disclose the relevant interest, acquisition, or disposal— a: to the registered exchange with which the public issuer is listed; and b: in the interests register of the public issuer kept under this subpart. 2: The director or officer must also disclose, as required by regulations made under section 49 Section 19U inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19V: Form and method of disclosure The director or officer must disclose the relevant interest, acquisition, or disposal in accordance with any regulations made under section 49 Section 19V inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19W: Disclosure obligation applies for 6 months after ceasing to hold office A person is treated as a director or officer for the purposes of this subpart for 6 months after that person ceases to be a director or officer, and must continue to comply with this subpart for that period. Section 19W inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 Exemptions Heading inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19X: Exemptions for directors or officers of co-operative companies 1: A director or officer of a co-operative company who has a relevant interest in a non-listed security of that company does not have to disclose that fact under section 19T a: the director or officer is a transacting shareholder of the company; and b: the interest was acquired by the director or officer in the ordinary course of business. 2: A director or officer of a co-operative company who acquires or disposes of a relevant interest in a non-listed security of that company does not have to disclose that fact under section 19T a: the director or officer is a transacting shareholder of the company; and b: the director or officer acquires or disposes of the interest in the ordinary course of business. 3: For the avoidance of doubt and for the purposes of subsections (1) and (2), a person is not acting outside the ordinary course of business merely because the person acquires or disposes of non-listed securities in the company in connection with the person acquiring or disposing of a business or business assets. Section 19X inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19Y: Exemptions granted by FMA The directors' and officers' disclosure obligations are subject to any exemptions granted by the FMA section 48 section 49 Section 19Y inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 Section 19Y heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 19Y amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Interests register Heading inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 19Z: Public issuer must keep interests register 1: A public issuer must keep an interests register for disclosures under this subpart. 2: The interests register must be kept at— a: the registered office of the public issuer; or b: any other place in New Zealand, of which notice is given in accordance with subsection (2A). 2A: If the interests register is not kept at the public issuer's registered office, or the place at which it is kept is changed, the public issuer must give written notice to the Registrar of Companies of the place at which it is kept within 10 working days of its first being kept elsewhere or of its being moved. 3: The interests register may be the same interests register as that kept under section 189(1)(c) 4: This section and section 19ZA Companies Act 1993 Section 19Z inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 Section 19Z(2) substituted 29 February 2008 section 8 Securities Markets Amendment Act 2006 Section 19Z(2A) inserted 29 February 2008 section 8 Securities Markets Amendment Act 2006 19ZA: Inspection and copying of interests register 1: The interests register must be kept open for inspection by any person. 2: The interests register must be open for inspection between the hours of 9 am and 5 pm on each working day during the inspection period. 3: In subsection (2), inspection period 4: A person may require a copy of, or extract from, an interests register to be sent to that person— a: within 5 working days after the person has made a request in writing for the copy or extract; and b: if the person has paid a reasonable copy and administration fee determined by the public issuer. 1993 No 105 ss 217 218 Section 19ZA inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 Section 19ZA(4) substituted 29 February 2008 section 9 Securities Markets Amendment Act 2006 Enforcement—Civil remedies Heading repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19ZB: Commission may make orders requiring disclosure Section 19ZB repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19ZC: Notice, submissions, and opportunity to be heard and represented on Commission's orders Section 19ZC repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 Offences Heading substituted 29 February 2008 section 14 Securities Markets Amendment Act 2006 19ZD: Offence for failure to comply with directors' and officers' disclosure obligation 1: Every person who is aware or ought reasonably to be aware of information that the person is required to disclose under section 19T ( see section 43A 2: Section 19ZD inserted 3 May 2004 section 16 Securities Markets Amendment Act 2002 Section 19ZD(1) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 19ZD(2) repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19ZE: Offence for failure to comply with Commission orders Section 19ZE repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 19ZF: Offences relating to interests register 1: A person who fails, without reasonable excuse, to comply with section 19Z(1) see section 43A 2: If a person fails, without reasonable excuse, to provide a copy of, or extract from, an interests register in accordance with a request under section 19ZA see section 43A Section 19ZF substituted 29 February 2008 section 10 Securities Markets Amendment Act 2006 3: Disclosure of interests of substantial security holders in public issuers Subpart 3 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 20: Purpose of subpart The purpose of this subpart is to promote an informed market, and to deter insider conduct, market manipulation, and secret dealings in potential takeover bids, by ensuring that participants in New Zealand's securities markets have access to information concerning the identity and trading activities of persons who are, or may at any time be, entitled to control or influence the exercise of significant voting rights in a public issuer. Section 20 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 21: Meaning of substantial security holder, substantial holding, and percentage 1: A person is a substantial security holder 2: A person has a substantial holding 3: A person has a separate substantial holding for the purposes of this Act for each class in respect of which the person has a substantial holding under subsection (2). 4: The percentage of securities that a person has in a class, for the purposes of this subpart, is calculated as follows: if— number held total Section 21 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Event disclosure obligations Heading inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 22: Persons must disclose if begin to have substantial holding 1: A person who begins to have a substantial holding (or another substantial holding for another class) in a public issuer must disclose that fact in accordance with sections 26 27 2: The disclosure must be given as soon as the person knows, or ought to know, that the person has the substantial holding. Section 22 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 23: Substantial security holders must disclose if subsequent movement of 1% in holdings 1: A substantial security holder in a public issuer must disclose, in accordance with sections 26 27 2: There is a movement of 1% or more in a substantial holding if— a: there is a change in the number of securities held by the substantial security holder (where number held section 21(4) b: the percentage worked out using the formula in section 21(4) 3: The disclosure must be given as soon as the person knows, or ought to know, that that movement has occurred. Section 23 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 24: Substantial security holders must disclose if subsequent changes in nature of relevant interests 1: A substantial security holder in a public issuer must disclose, in accordance with sections 26 27 2: The disclosure must be given as soon as the person knows, or ought to know, of the change. Section 24 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 25: Persons must disclose if cease to have substantial holding 1: A person who ceases to have a substantial holding (or any of the person's substantial holdings) in a public issuer must disclose that fact in accordance with sections 26 27 2: The disclosure must be given as soon as the person knows, or ought to know, that the person has ceased to have a substantial holding. Section 25 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 26: What disclosure required 1: A person must disclose the matters required to be disclosed under any of sections 22 to 25 section 34 a: the public issuer; and b: every registered exchange by which the securities of the public issuer are listed. 2: The person must also disclose, as required by regulations made under section 49A 3: The disclosure must also be accompanied by, or have annexed, anything required by regulations made under section 49A Section 26 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 27: Form and method of disclosure The person must give the disclosure in accordance with any regulations made under section 49A Section 27 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 28: Public issuer must give acknowledgment of disclosure Every public issuer must, at the request of a person by whom disclosure is given to it under this subpart, give to that person an acknowledgment of the disclosure in the manner required by regulations made under section 49A Section 28 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 29: How to ascertain total voting securities in class of public issuer's voting securities for purposes of disclosure 1: For the purposes of this subpart, a person may assume that the total number of securities of a public issuer in a class most recently published by the following methods is correct: a: in a document published by a public issuer and distributed to the holders of that class of securities; or b: on a website maintained by the relevant registered exchange. 2: Subsection (1) does not apply if that person knows that number is not correct. Section 29 substituted section 11 Securities Markets Amendment Act 2006 30: Exemption for persons with interest in other substantial security holders who comply A person ( A sections 22 to 25 a: another person ( B b: A has that substantial holding merely for 1 or more of the following reasons: i: A has a power to exercise, or control the exercise of, the right to vote attached to 20% or more of the securities of B ( see section 5B(1)(b) ii: A has a power to acquire or dispose of, or control the acquisition or disposition of, 20% or more of the securities of B ( see section 5B(1)(c) iii: A and B are related bodies corporate ( see section 5B(1)(d) Section 30 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 31: Exemption for trustee corporations and nominee companies 1: A person ( A sections 22 to 25 a: A has that substantial holding merely because A acts for another person in the ordinary course of business as a trustee corporation or a nominee company; and b: A has opted in to this exemption by written notice to the FMA FMA 2: Subsection (1) does not apply if A is currently designated by the FMA Gazette section 48C Section 31 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Section 31(1)(b) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 31(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 32: Conditions of exemption for trustee corporations and nominee companies 1: A person ( A section 31(1) a: keep under continuing review the transactions of all persons for whom A holds listed voting securities in A's name; and b: inform the public issuer of the securities and the registered exchange by which those securities are listed if section 22 section 25 c: inform that registered exchange if it exercises, or proposes to exercise, in its own right any voting rights in respect of 5% or more of a class of listed voting securities of a public issuer. 2: Every person who, without reasonable excuse, fails to comply with subsection (1) commits an offence ( see section 43A Section 32 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 32A: Exemption for persons under control or acting jointly with trustee corporations and nominee companies 1: A person ( A sections 22 to 25 section 5B section 31 2: Subsection (1) does not apply if A is currently designated by the FMA Gazette section 48C Section 32A inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Section 32A(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 33: Extended time for disclosure for trustees, executors, and administrators If a person is required to comply with sections 22 23 25 a: the time limit for disclosure in that section does not apply; and b: the disclosure must instead be given before the expiry of 14 days after the grant of administration under the Administration Act 1969 Section 33 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Required disclosure obligations Heading inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 34: FMA 1: The FMA a: relevant interests that the person has in securities of the public issuer; or b: powers that the person has or may at any time have to acquire a relevant interest in securities of the public issuer. 2: It does not matter whether the securities referred to in subsection (1)(a) and (b) are voting securities or not, listed or non-listed, or issued or yet to be issued. 3: The person must disclose the information required under subsection (1) in accordance with sections 26 27 4: Whether or not a person has a power referred to in subsection (1) must be determined in the same way as sections 5 to 5B Section 34 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Section 34 heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 34(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 35: Public issuer may require registered holder to disclose relevant interests to it 1: A public issuer may, by written notice, require a person who is registered as the holder of listed voting securities in that public issuer to disclose— a: the name and address of every person who has a relevant interest in those listed voting securities and the nature of that interest; and b: to the extent that that registered holder is unable to supply any of that information in relation to a person having a relevant interest in those listed voting securities, other particulars that will, or are likely to, assist in identifying that person and the nature of that interest. 2: That registered holder must disclose that information in writing to the public issuer as soon as the holder receives the notice. Section 35 substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35A: Public issuer may require person who has relevant interest to disclose information to it 1: A public issuer may, by written notice, require a person who the public issuer believes has, or may have, a relevant interest in listed voting securities in that public issuer to disclose the information the public issuer specifies for the purpose of assisting the public issuer to ascertain who is, or may be, a substantial security holder in the public issuer. 2: That relevant interest holder must disclose that information in writing to the public issuer as soon as the holder receives the notice. Section 35A substituted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35B: Form and method of notice requiring disclosure The notice requiring disclosure under section 34 35 35A section 49A Section 35B inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Offence Heading inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35BA: Offence for failure to comply with substantial holding disclosure obligation Every person who knows or ought to know information that the person is required to disclose under any of sections 22 to 25 34 to 35A see section 43A Section 35BA inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Register and publication of substantial holdings Heading inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35C: Public issuers must maintain register of disclosures of substantial holdings 1: The public issuer must keep a register for the disclosures given to it under this subpart (and must include a disclosure in the register on receiving it). 2: Subsection (1) does not apply to disclosures made under section 35 section 35A 3: The disclosures must be kept in the register in alphabetical order and with a chronological index. 4: The register must be kept at— a: the registered office of the public issuer; or b: any other place in New Zealand, of which notice is given in accordance with subsection (5). 5: If the register is not kept at the public issuer's registered office, or the place at which it is kept is changed, the public issuer must give written notice to the Registrar of Companies of the place at which it is kept within 10 working days of its first being kept elsewhere or its being moved. 6: This section and section 35D Companies Act 1993 Section 35C inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35D: Inspection and copying of substantial holdings register 1: The register required under section 35C 2: The register must be open for inspection between the hours of 9 am and 5 pm on each working day during the inspection period. 3: In subsection (2), inspection period 4: A person may require a copy of, or extract from, a register to be sent to that person— a: within 5 working days after the person has made a request in writing for the copy or extract; and b: if the person has paid a reasonable copy and administration fee determined by the public issuer. Section 35D inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35E: Offences relating to substantial holdings register 1: Every person who, without reasonable excuse, fails to comply with a requirement of section 35C section 35D see section 43A 2: If a person fails, without reasonable excuse, to provide a copy of, or extract from, the register kept under section 35C section 35D see section 43A Section 35E inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35F: Public issuers must publish information on substantial holdings 1: Every public issuer must, in accordance with this section, send out a notice stating— a: the names of all persons who, according to the register kept under section 35C b: the number and class of listed voting securities of the public issuer that, according to the register, form part of each substantial holding in the public issuer at the record date; and c: the total number in each class of the public issuer's listed voting securities at the record date. 2: The notice must be sent— a: for public issuers that are companies (other than overseas companies within the meaning of the Companies Act 1993 i: the annual report sent under section 209 ii: the notice sent under that section; and b: for every other public issuer, to every holder of its listed voting securities not later than 30 June in each year. 3: The record date Section 35F inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Section 35F(2)(a)(ii) substituted 29 February 2008 section 16(3) Companies Amendment Act (No 2) 2006 35G: Registered exchange must publish disclosures A registered exchange must— a: notify each disclosure given to it under this subpart to the relevant registered market b: publish that disclosure on its website soon after notifying it to the relevant registered market Section 35G inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 Section 35G(a) amended 1 May 2011 section 10 Securities Markets Amendment Act 2011 Section 35G(b) amended 1 May 2011 section 10 Securities Markets Amendment Act 2011 35H: Offence for failing to publish information on substantial holdings or disclosures 1: A public issuer who, without reasonable excuse, fails to comply with a requirement of section 35F see section 43A 2: A registered exchange who, without reasonable excuse, fails to comply with a requirement of section 35G see section 43A Section 35H inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35I: No liability for publication of substantial holdings No public issuer is liable for any false or misleading information published under section 35F Section 35I inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 35J: Notice under this subpart not to affect incorporation of public issuer or constitute notice of trust 1: Nothing in, or done under, this subpart— a: affects the incorporation of a public issuer; or b: limits section 92 93 94 2: A public issuer is not, by virtue of anything done for the purposes of this subpart, affected with notice of, or put on inquiry as to, the rights of any person in relation to any securities. Section 35J inserted 29 February 2008 section 11 Securities Markets Amendment Act 2006 36: Regulations for purpose of this subpart Section 36 repealed 29 February 2008 section 11 Securities Markets Amendment Act 2006 2B: Registered markets Part 2B inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Part 2B heading substituted 1 May 2011 section 11 Securities Markets Amendment Act 2011 1: Registration of markets Subpart 1 inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Subpart 1 heading amended 1 May 2011 section 12 Securities Markets Amendment Act 2011 Restrictions on activities relating to securities exchanges unless registered under this subpart Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36A: No holding out as securities exchange unless registered under this subpart 1: No person may, in connection with carrying on business in New Zealand,— a: use a style or title including the words stock exchange securities exchange b: state or imply, or permit a statement or implication, that— i: the person is a registered securities exchange or authorised securities exchange; or ii: a securities market that the person operates is regulated under New Zealand law. 2: Subsection (1)(a) and (b)(i) do not apply to— a: a registered exchange; or b: a subsidiary of a registered exchange. 2A: Subsection (1)(b)(ii) does not apply to— a: a registered exchange in respect of its registered market; or b: a subsidiary of a registered exchange in respect of the exchange's registered market. 3: Every person who acts in contravention of subsection (1) commits an offence ( see section 43B Section 36A inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36A(2) substituted 1 May 2011 section 13 Securities Markets Amendment Act 2011 Section 36A(2A) inserted 1 May 2011 section 13 Securities Markets Amendment Act 2011 Section 36A(3) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 36B: No operation of securities markets unless registered under this subpart (if restriction applies) 1: No person to whom this section applies may operate a securities market in New Zealand unless that person is— a: a registered exchange; or b: a subsidiary of a registered exchange. 2: Every person who acts in contravention of subsection (1) commits an offence ( see section 43B Section 36B inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36B(2) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 36C: Power to apply and remove restriction on operating securities markets 1: The Minister may, by notice in the Gazette a: declare, in accordance with section 36D section 36B b: declare that section 36B 2: The notice may include any exemption granted under section 36E Section 36C inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36D: Criteria and process for applying restriction on operating securities markets 1: The Minister may declare that section 36B a: the integrity or effectiveness of securities markets in New Zealand; or b: the confidence of investors in securities markets in New Zealand. 2: The Minister must, before making the declaration,— a: give at least 2 months' written notice of the proposed declaration, and of the Minister's reasons for his or her opinion under subsection (1), to— i: the person to whom it is proposed to apply section 36B ii: the FMA iii: any other persons that the Minister thinks are representative of the interests of persons likely to be substantially affected by the proposed declaration; and b: have regard to any submissions made by those persons within the notice period given; and c: before making the declaration, give at least 14 days' written notice to the persons referred to in paragraph (a), and in the Gazette 3: A failure to comply with subsection (2) does not invalidate any notice published under section 36C Section 36D inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36D(2)(a)(ii) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36E: Power to exempt securities markets and futures markets Part 2 and 1: The Minister may Part 2 2: The exemption may be on any terms or conditions that the Minister thinks fit. 2A: The Minister must, in considering whether to grant an exemption, have regard to— a: the nature of the relevant securities or futures market, or class of securities or futures markets; and b: the likely effect of the proposed exemption on the integrity or effectiveness of securities or futures markets in New Zealand; and c: the likely effect of the proposed exemption on the confidence of investors in securities or futures markets in New Zealand; and d: whether there are public benefits from the securities or futures market, or class of securities or futures markets, being operated under the proposed exemption; and e: any other matters he or she considers relevant. 3: The exemption has effect according to its tenor. 4: In determining whether or not to grant an exemption, the Minister must seek the advice of the FMA 5: The Minister may vary an exemption in the same way as the exemption may be granted under this section. 6: The Minister may 7: An exemption under this section is a disallowable instrument under the Legislation Act 2012 section 41 8: A class exemption under this section must be published under section 6 Legislation Act 2012 class exemption a: means an exemption of general application that applies to a class of securities markets or class of futures markets; but b: does not include an exemption granted in relation to a particular securities market or futures market. 9: An exemption that is not a class exemption under subsection (8) 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. 10: A notification in the Gazette Section 36E inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36E heading amended 1 May 2011 section 14(1) Securities Markets Amendment Act 2011 Section 36E heading amended 24 November 2009 section 6(1) Securities Markets Amendment Act 2009 Section 36E(1) substituted 24 November 2009 section 6(2) Securities Markets Amendment Act 2009 Section 36E(1) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 36E(1) amended 1 May 2011 section 14(2) Securities Markets Amendment Act 2011 Section 36E(2A) inserted 1 May 2011 section 14(3) Securities Markets Amendment Act 2011 Section 36E(4) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36E(6) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 36E(7) inserted 5 August 2013 section 77(3) Legislation Act 2012 Section 36E(8) inserted 5 August 2013 section 77(3) Legislation Act 2012 Section 36E(9) inserted 5 August 2013 section 77(3) Legislation Act 2012 Section 36E(10) inserted 5 August 2013 section 77(3) Legislation Act 2012 How to obtain registration of market Heading substituted 1 May 2011 section 15 Securities Markets Amendment Act 2011 36F: Application for market registration 1: A body corporate may apply for a market registration for— a: 1 or more securities markets; or b: 1 or more securities markets and 1 or more futures markets; or c: 1 or more futures markets, if the body corporate already holds a market registration for a securities market. 2: The applicant for a market registration must deliver to the FMA— a: an application for registration in the form, and containing the information, required by the FMA, but which must— i: include a copy of any proposed new market rules, or proposed changes to existing market rules, for the relevant market (the proposed market rules ii: identify any existing market rules that it proposes to apply to the relevant market; and b: any fees required to be paid to the FMA by regulations made under section 49D 3: The FMA must grant the applicant a market registration, by written notice to the applicant, after— a: receipt of the documents referred to in subsection (2) b: receipt of any fees, charges, and costs required to be paid to the FMA by regulations made under section 49D c: approval, under sections 36K 36L subsection (2)(a)(i) Section 36F substituted 1 May 2011 section 15 Securities Markets Amendment Act 2011 36FA: Notification of market registration 1: A notice of market registration under section 36F(3) a: must identify the market registered and the person that holds the market registration under that section (the registered exchange b: must identify the proposed market rules approved for the market (if any), and must identify the existing market rules that apply to the market (if any), but need not incorporate them; and c: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 ca: must be presented to the House of Representatives under section 41 d: must, as soon as practicable after it is given, be— i: published on an Internet site maintained by or on behalf of the FMA; and ii: notified in the Gazette 2: A notice of market registration may relate to more than 1 market. Section 36FA inserted 1 May 2011 section 15 Securities Markets Amendment Act 2011 Section 36FA(1)(c) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 36FA(1)(ca) inserted 5 August 2013 section 77(3) Legislation Act 2012 Restrictions on registered exchanges Heading inserted 1 May 2011 section 15 Securities Markets Amendment Act 2011 36FB: No operation by registered exchange of unregistered market 1: No registered exchange may operate in New Zealand a securities or futures market for which it does not hold a market registration under this Part or an authorisation under Part 3 see section 36E 2: Every person who acts in contravention of subsection (1) see section 43B(2) Section 36FB inserted 1 May 2011 section 15 Securities Markets Amendment Act 2011 1A: Market rules Subpart 1A heading inserted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36FC: Purpose and criteria applying under this subpart 1: The purpose of this subpart is to provide for the approval of the market rules, and changes to the market rules, to apply to registered markets under contract between a registered exchange and the exchange participants. 2: The following criteria are relevant to the implementation of that purpose (without limiting other relevant criteria): a: promoting fair, orderly, and transparent securities and futures markets: b: providing an appropriate level of protection for investors: c: recognising the importance to securities and futures markets of attracting and retaining exchange participants and maintaining international competitiveness: d: encouraging growth and innovation in New Zealand's securities and futures markets: e: recognising the importance of maintaining international best practices in New Zealand's securities and futures markets: f: recognising New Zealand's obligations under any international convention, international agreement, or international arrangement to which the Government of New Zealand is a party. 3: The FMA must determine the weight to be given to each criterion in relation to the rules for any particular market, having regard to the nature of that market. Section 36FC inserted 1 May 2011 section 16 Securities Markets Amendment Act 2011 Key requirements Heading substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36G: Registered markets must be operated under market rules that comply with this subpart 1: A registered exchange must operate each of its registered markets in accordance with market rules for that market that— a: include the required matters set out in section 36H b: have effect under section 36I 2: A registered exchange that acts in contravention of subsection (1) see section 43B(2) 1988 No 234 s 36G Section 36G substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36H: Required matters for market rules 1: Market rules for a securities market must— a: include rules ( listing rules i: relate to the approval of persons for the purpose of enabling securities issued by those persons to be traded on the securities market; and ii: require those persons to be party to a listing agreement with the registered exchange and relate to the entry into, and revocation of, those listing agreements; and iii: relate to the governance of those persons; and iv: relate to the conduct or activities of those persons in relation to that market or to securities traded on that market; and v: relate to the monitoring and enforcement of those rules; and b: include rules ( business rules i: relate to the authorisation of persons to undertake trading activities on, or otherwise participate in, the securities market; and ii: relate to the conduct or activities of those persons in relation to the securities market; and iii: govern the conduct of business on the securities market; and iv: relate to the monitoring and enforcement of those rules. 2: Market rules for a futures market must include rules ( business rules a: relate to the authorisation of persons to undertake trading activities on, or otherwise participate in, the futures market; and b: relate to the conduct or activities of those persons in relation to the futures market; and c: govern the conduct of business on the futures market; and d: relate to the monitoring and enforcement of those rules. 1988 No 234 s 36H Section 36H substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36I: When market rules have effect A market rule, or part of a market rule, for a registered market has no effect, either in contract or for the purposes of section 36G section 36L Section 36I substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 Process for approving proposed market rules and changes to market rules Heading inserted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36IA: Application of process for approving proposed market rules and changes Sections 36K 36L section 36F section 36J Section 36IA inserted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36J: Registered exchange must provide proposed changes to FMA 1: A registered exchange must provide any proposed change to its market rules for a registered market to the FMA before making that change. 2: A change 1988 No 234 s 36J Section 36J substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36K: Approval process for proposed market rules and changes 1: The FMA must, within the approval period, by written notice to the applicant for registration or the registered exchange,— a: approve the proposed market rules or change provided under section 36F section 36J see section 36L b: extend the approval period; or c: decline to approve the proposed market rules or change. 2: The approval period is 40 working days, or (if extended under subsection (1)(b) 3: The revision by the applicant or registered exchange of the proposed market rules or change during the approval period in response to comments by the FMA, and the resubmittal of the revised proposed market rules or change, does not result in the commencement of a new approval period under this section. 4: A notice under this section— a: must identify the market rules, change, or changes to which it relates, but need not incorporate them; and b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 ba: must be presented to the House of Representatives under section 41 c: must, as soon as practicable after it is given, be— i: published on an Internet site maintained by or on behalf of the FMA; and ii: notified in the Gazette 5: A separate notice under this section of the decision to approve rules is not needed if there is a notice of market registration under section 36FA 6: The FMA's reasons for a decision under subsection (1)(b) or (c) Section 36K substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 Section 36K(4)(b) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 36K(4)(ba) inserted 5 August 2013 section 77(3) Legislation Act 2012 36L: Approval of proposed market rules and changes 1: The FMA must approve the proposed market rules or a change provided to it under this Part unless the FMA is satisfied that— a: it is not in the public interest to do so after having had regard to— i: the consistency of the rules or change with the obligations under section 36Y ii: the criteria stated in section 36FC b: (if the rules include listing rules or the change affects listing rules) the listing rules, or the listing rules as changed, for the market will not achieve the purpose of subpart 1 i: that purpose; and ii: the criteria stated in section 19A iii: any other matters that the FMA considers relevant. 2: The FMA must, in considering whether to approve proposed market rules provided under section 36F Section 36L substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 Power to request changes to market rules Heading inserted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36M: Power for FMA to request changes to market rules on certain matters 1: The FMA may, if it considers it necessary or desirable to promote any of the criteria set out in section 36FC section 36Y 2: The FMA may make a request under subsection (1) a: after carrying out a review under section 36YB(1) or (2) b: if it believes on reasonable grounds that it is urgent to do so at any other time. 3: The registered exchange must, as soon as practicable but, in any case, before the expiry of 60 working days after receiving the written notice (or any further time allowed by the FMA), do either or both of the following things: a: provide a proposed change to the FMA under section 36J b: provide the FMA with a written report that— i: identifies any requested matter or matters that have not been addressed by a proposed change; and ii: explains why the registered exchange has not done so; and iii: suggests alternative ways (if any) by which the matter or matters are being or may be dealt with; and iv: sets out if, when, and how the registered exchange proposes to provide for the matter or matters (if at all). 4: This section does not allow the FMA to request a draft market rule or change on a matter that is not within the matters set out in section 36H Section 36M substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 Miscellaneous provisions on market rules Heading inserted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36N: Market rules must be available for public inspection 1: A registered exchange must ensure that a copy of the market rules for each of its registered markets are— a: available for public inspection, free of charge and during normal office hours, at the head office of that registered exchange; and b: published on an Internet site maintained by, or on behalf of, the registered exchange at all reasonable times. 2: A registered exchange that fails to comply with subsection (1) see section 43B 1988 No 234 s 36Q Section 36N substituted 1 May 2011 section 16 Securities Markets Amendment Act 2011 36O: Application of Acts relating to regulations to contractual market rules To avoid doubt, market rules are not— a: regulations for any purpose; or b: legislative instruments or disallowable instruments for the purposes of the Legislation Act 2012 1988 No 234 s 36R Section 36O replaced 5 August 2013 section 77(3) Legislation Act 2012 36P: Registered exchange must not operate new Section 36P repealed 1 May 2011 section 16 Securities Markets Amendment Act 2011 36Q: Conduct rules must be available for public inspection Section 36Q repealed 1 May 2011 section 16 Securities Markets Amendment Act 2011 36R: Application of Acts relating to regulations to conduct rules Section 36R repealed 1 May 2011 section 16 Securities Markets Amendment Act 2011 1B: Control limits for registered exchanges Subpart 1B heading inserted 1 May 2011 Securities Markets Amendment Act 2011 36S: Power to impose control limits on registered exchanges 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing, altering, or revoking a control limit (which is the highest percentage of voting rights in the body corporate that may be held or controlled by any person) for a body corporate that— a: is, or may be, a registered exchange; or b: is a holding company of a body corporate referred to in paragraph (a). 2: A control limit does not apply to a body corporate before its registration, or its subsidiary's registration, as a registered exchange. 3: The Minister must not make a recommendation for the purposes of subsection (1) unless he or she has consulted the body corporate and is satisfied that it is in the public interest to do so. 4: For the purposes of this section and the rest of the subpart— control voting right a: during a period in which a payment or distribution (or part of a payment or distribution) in respect of the security that confers the voting right is in arrears or some other default exists: b: on a proposal that affects rights attached to the security that confers the voting right: c: during the liquidation of the body corporate: d: in respect of a special, immaterial, or remote matter that is inconsequential to control of the body corporate. Section 36S inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36T: Control limit not to be exceeded 1: No person may hold or control voting rights in a body corporate that exceed any control limit for that body corporate that applies under regulations made under section 36S(1) section 36V 2: For the purposes of this section, voting rights held or controlled by an associated person of a person must be treated as voting rights held or controlled by that person. 3: Subsection (1) does not apply to any voting rights in a body corporate held or controlled by a person to the extent that those rights were held or controlled by that person before the control limit was imposed or decreased, as the case may be. 4: In this section,— a: a person is an associated person 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 bodies corporate within the meaning of section 5(7) 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 an associated person of that company or body corporate merely because he or she is a director of that company or body corporate. Section 36T inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36T(4) added 29 February 2008 section 14 Securities Markets Amendment Act 2006 36U: Effect of exceeding control limit 1: Every person who contravenes section 36T(1) a: take the steps that are necessary to ensure that the person is no longer in contravention of that subsection at the end of 90 days after the date of first contravention; and b: while he or she contravenes that subsection, not exercise or control the exercise of any voting rights that exceed the control limit. 2: Every person who contravenes subsection (1)(a) commits an offence ( see section 43B 3: An exercise of voting rights by or under the control of a person in contravention of subsection (1)(b) is of no effect, and must be disregarded by the person responsible for counting the votes concerned. Section 36U inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36U(2) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 36V: Application for approval to exceed control limit 1: A person may apply to the chief executive for approval for any person or class of persons to exceed a control limit for a body corporate that applies under regulations made under section 36S 2: The Governor-General may, by Order in Council made on the recommendation of the Minister, approve an application under subsection (1) and specify the terms and conditions (if any) applying to the approval. 3: The Minister may not make a recommendation for the purposes of subsection (2) unless,— a: if the body corporate is not the applicant or one of the applicants for the approval, he or she has consulted the body corporate on the application at least 30 days before making the recommendation; and b: he or she is satisfied that it is in the public interest to make the recommendation. 4: An approval granted under subsection (2)— a: may have retrospective effect; but b: is of no effect if any term or condition of the approval has not been complied with. 5: An approval granted under subsection (2) is for the purposes of the control limit only, and not for the purposes of any other enactment. Section 36V inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36W: Revocation or amendment of approval 1: The Governor-General may, by Order in Council made on the recommendation of the Minister,— a: revoke an approval granted under section 36V b: vary, revoke, or suspend any term or condition of such an approval. 2: The Minister may not make a recommendation for the purposes of subsection (1) unless— a: he or she has consulted the person to whom the approval was granted and the body corporate concerned; and b: he or she is satisfied that it is in the public interest to make the recommendation. Section 36W inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Overseas exchanges Heading repealed 1 May 2011 section 18 Securities Markets Amendment Act 2011 36X: Overseas exchanges Section 36X repealed 1 May 2011 section 18 Securities Markets Amendment Act 2011 2: Obligations and oversight in respect of registered markets Subpart 2 inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Subpart 2 heading substituted 1 May 2011 section 19 Securities Markets Amendment Act 2011 General obligations in respect of registered markets Heading inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36Y: General obligations in respect of registered markets A registered exchange must,— a: to the extent that it is reasonably practicable, do all things necessary to ensure that each of its registered markets is a fair, orderly, and transparent market; and b: have adequate arrangements for operating its registered markets, including arrangements— i: for handling conflicts between the commercial interests of the registered exchange and the need for the registered exchange to ensure that the markets operate in the way referred to in paragraph (a); and ii: for monitoring the conduct of exchange participants on or in relation to the markets; and iii: for enforcing compliance with the relevant market rules; and iv: that ensure there is a sufficiently independent adjudicative body to adjudicate on contraventions of market rules that are referred to it; and c: have sufficient resources (including financial, technological, and human resources) to operate its registered markets properly. Section 36Y substituted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36YA: Registered exchange must give annual report to FMA 1: A registered exchange must, within 3 months after the end of its financial year, give a report to the FMA and the Minister on the extent to which it has complied with its obligations under section 36Y 2: The annual report for a financial year must contain, or be accompanied by, the information (if any) in relation to the registered exchange's performance against its obligations under section 36Y 3: The FMA and the registered exchange may, on the terms and conditions that they think fit, agree that the first annual report and the first review under section 36YB Section 36YA inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36YB: FMA may carry out general obligations review 1: The FMA may, at any time, carry out a review of how well a registered exchange is meeting any or all of its obligations under section 36Y 2: The FMA must carry out a review of how well a registered exchange is meeting all of its obligations under section 36Y 3: The FMA— a: may, in carrying out the review, take into account the most recent annual report and other information provided under section 36YA b: must, after carrying out the review, provide a draft written report on its review to the registered exchange and take into account any submissions made by the exchange within the reasonable period for submissions specified by the FMA. 4: The FMA must not carry out a review of a designated settlement system (within the meaning of section 156M(1) 5: The first review of a financial year under subsection (2) section 36YA Section 36YB inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36YC: FMA must make written report on general obligations review 1: The FMA must give a written report on a review under section 36YB a: as soon as practicable after carrying out the review; and b: in any case, within 3 months after the exchange has provided an annual report to the FMA under section 36YA 2: The FMA must also publish the written report on the review on an Internet site maintained by or on behalf of the FMA. 3: However, the FMA may, in publishing the written report of its review, omit from the published report any information for which it considers there would be a good reason for withholding under the Official Information Act 1982 Section 36YC inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36YD: FMA may require registered exchange to submit action plan on failure to meet general obligations 1: If the FMA considers that the registered exchange has failed or is failing to meet any 1 or more of its obligations under section 36Y section 36YB(1) 2: The notice must— a: set out the details of the failure; and b: specify the date by which the action plan must be submitted to the FMA. 3: The registered exchange must, as soon as practicable but in any case before the date specified by the FMA, do either or both of the following things: a: provide an action plan that addresses the failure and specifies— i: the actions that the registered exchange proposes to take to remedy the failure or avoid any further failure; and ii: the timetable for taking those actions: b: provide the FMA with a written report that— i: identifies any matter that has not been addressed by an action plan; and ii: explains why the registered exchange does not consider that matter to be a failure or gives any other reasons why the registered exchange has not provided an action plan on the matter. Section 36YD inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36YE: Approval, amendment, or rejection of action plan 1: If a registered exchange submits an action plan, the FMA may— a: approve the action plan; or b: require the registered exchange to amend the action plan and resubmit it to the FMA by a specified date for approval or rejection; or c: reject the action plan. 2: If the FMA requires the registered exchange to amend an action plan provided to the FMA, the registered exchange must do either or both of the following things: a: provide an amended action plan that addresses the matter required to be amended: b: provide the FMA with a written report that— i: identifies any matter that has not been addressed by an amendment to the action plan first provided; and ii: explains why the registered exchange does not consider that the matter needs amending or gives any other reasons why the registered exchange has not provided an amendment addressing the matter. 3: If the FMA approves the action plan (whether as first provided or after amendment), the registered exchange must comply with the action plan. 4: An action plan that has been approved by the FMA may be varied at any time by agreement between the registered exchange and the FMA. Section 36YE inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36YF: Minister may give general obligation direction to registered exchange 1: The Minister may, on the recommendation of the FMA, give a written direction to a registered exchange if— a: the Minister considers that the registered exchange has failed or is failing to meet any 1 or more of its obligations under section 36Y b: any of the following has occurred: i: the registered exchange has not provided an action plan when required under section 36YD ii: the registered exchange has not provided an amended action plan when required under section 36YE iii: the FMA has rejected a registered exchange's action plan; or iv: the registered exchange has not complied with an approved action plan. 2: The direction may specify— a: the actions that the registered exchange must take to remedy any failure or avoid any further failure to meet any 1 or more of its obligations under section 36Y b: the timetable for taking those actions. 3: The registered exchange must comply with the direction. Section 36YF inserted 1 May 2011 section 20 Securities Markets Amendment Act 2011 36Z: Offence for breach of terms or conditions of authorisation Section 36Z repealed 1 May 2011 section 18 Securities Markets Amendment Act 2011 Enforcement of prohibition of certain statements relating to exchanges Heading repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 36ZA: Commission may make orders prohibiting statements relating to exchanges or requiring corrective statements Section 36ZA repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 36ZB: Notice, submissions, and opportunity to be heard and represented on Commission's orders Section 36ZB repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 36ZC: Offence for contravening prohibition order Section 36ZC repealed 29 February 2008 section 14 Securities Markets Amendment Act 2006 Notification of disciplinary actions and suspected contraventions Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZD: Registered exchange must notify FMA 1: A registered exchange must notify the FMA sections 36ZE 36ZF a: the exchange takes any disciplinary action for a contravention of its market rules b: the exchange knows or suspects that a person has committed, is committing, or is likely to commit a significant contravention of— i: the exchange's market rules ii: this Act, the Securities Act 1978 Takeovers Act 1993 2: The FMA must notify the registered exchange of its decision to take, or not to take, any action in relation to a notification under subsection (1)(b)(ii). Section 36ZD inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZD heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZD(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZD(1)(a) amended 1 May 2011 section 21(1) Securities Markets Amendment Act 2011 Section 36ZD(1)(b)(i) amended 1 May 2011 section 21(1) Securities Markets Amendment Act 2011 Section 36ZD(2) added 1 May 2011 section 21(2) Securities Markets Amendment Act 2011 36ZE: When notification required The registered exchange must give the notice under section 36ZD Section 36ZE inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZF: Details and method of notification 1: The notice under section 36ZD a: the person's name and contact details; and b: if it relates to a disciplinary action, the grounds for, nature of, and reasons for the action taken; and c: if it relates to a known or suspected contravention, the facts supporting the registered exchange's view and to which obligation the known or suspected contravention relates; and d: any other information required by regulations under section 49D FMA section 36ZK 2: The registered exchange must give the notice in the form and by the method required by any regulations made under section 49D Section 36ZF inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZF(1)(d) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZF(1)(d) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 36ZF(2) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Real-time surveillance information Heading inserted 1 May 2011 section 22 Securities Markets Amendment Act 2011 36ZFA: Registered exchange must ensure FMA has access to real-time trading and other information 1: A registered exchange must, if requested by the FMA, give to the FMA the information that is necessary to enable the FMA to carry out real-time surveillance of the operation of the exchange's registered markets. 2: The FMA must pay all reasonable costs of the registered exchange in providing the information under this section. Section 36ZFA inserted 1 May 2011 section 22 Securities Markets Amendment Act 2011 Disclosure of material information Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZG: Registered exchange must give FMA If a registered exchange makes material information available to participants, or any class of participants, of a registered market FMA sections 36ZH to 36ZJ Section 36ZG inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZG heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZG amended 1 May 2011 section 23 Securities Markets Amendment Act 2011 Section 36ZG amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZH: When disclosure of material information required The registered exchange must give the information under section 36ZG FMA Section 36ZH inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZH amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZI: Form and method of disclosure The registered exchange must give the information under section 36ZG FMA Section 36ZI inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZI amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Waiver of notification and disclosure obligations Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZJ: Waiver of notification and disclosure obligations 1: Sections 36ZD to 36ZI FMA a: waives its entitlement to any notice or information or class or classes of notices or information; or b: agrees with the registered exchange a different time, form, or method of notification or disclosure. 2: A waiver or agreement under this section must be in writing. Section 36ZJ inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZJ(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 General information and assistance provisions Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZK: Registered exchange must give FMA 1: A registered exchange must give to the FMA FMA FMA 2: The FMA Section 36ZK inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZK heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZK(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZK(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZL: Power to disclose further information 1: A registered exchange may provide to the FMA FMA FMA's 2: A registered exchange may provide to the Takeovers Panel any information that the exchange considers may assist the Takeovers Panel in the performance of its functions. Section 36ZL inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZL(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZL(1) amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Notice and submissions on continuous disclosure determinations Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZM: Registered exchange must give notice and have regard to submissions on continuous disclosure determinations 1: This section and section 36ZN a: the determination exempts from, waives, or determines the meaning of a continuous disclosure provision of its listing rules for any of its registered markets b: that continuous disclosure provision relates to material information that is not generally available to the market; and c: no regulations under section 48E section 19C 2: The registered exchange must— a: give the FMA i: the proposed terms of the determination; and ii: the reasons for the proposed determination; and b: have regard to any written submissions made to it by the FMA c: must, as soon as reasonably practicable after making the determination, give written notice to the FMA i: the terms of the determination; and ii: the reasons for the determination. 3: A failure to comply with this section or section 36ZN Section 36ZM inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZM(1)(a) amended 1 May 2011 section 24 Securities Markets Amendment Act 2011 Section 39ZM(1)(c) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 36ZM(2)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZM(2)(b) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZM(2)(c) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZN: Limited notice and submissions for urgent determinations If the registered exchange thinks it necessary or desirable in the public interest for a determination to be made more urgently than section 36ZM(2) a: it may give less than 2 trading days' notice before it makes the determination 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 subsection. Section 36ZN inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Directions to exchanges Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZO: FMA 1: The FMA to a registered exchange in relation to any of its registered markets sections 36ZP to 36ZT 2: The FMA a: direct a registered exchange to suspend trading of either or both of the following: i: the securities, or a class of securities, of 1 or more public issuers: ii: 1 or more futures contracts, or a class of futures contracts, traded on a registered market b: give the registered exchange any other direction in relation to that trading. 3: For the avoidance of doubt, the FMA market rules market rules 4: The direction is subject to appeal only in accordance with section 47A Section 36ZO inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZO heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZO(1) amended 1 May 2011 section 25(1) Securities Markets Amendment Act 2011 Section 36ZO(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZO(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZO(2)(a) substituted 24 November 2009 section 15 Securities Markets Amendment Act 2009 Section 36ZO(2)(a)(ii) amended 1 May 2011 section 25(2) Securities Markets Amendment Act 2011 Section 36ZO(3) amended 1 May 2011 section 25(3) Securities Markets Amendment Act 2011 Section 36ZO(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZO(4) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 36ZP: Grounds for continuous disclosure direction 1: A direction on the grounds in this section is a continuous disclosure direction 2: A direction may be given under section 36ZO sections 36ZR to 36ZT FMA a: has regard to the purpose of subpart 1 section 19A b: is satisfied that one of the following grounds applies: i: a public issuer has contravened a continuous disclosure obligation or a term or condition of a continuous disclosure exemption; or ii: a determination by a registered exchange to which section 36ZM subpart 1 iii: the registered exchange's administration of the continuous disclosure provisions of its listing rules does not achieve the purpose of subpart 1 section 19C iv: if section 19C subpart 1 v: if section 19C subpart 1 c: is also satisfied that the direction is necessary or desirable in the public interest to protect people trading the securities or the class of securities and that there is no more appropriate course of action to address the situation. Section 36ZP inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZP(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZQ: Grounds for other directions A direction may also be given under section 36ZO sections 36ZR to 36ZT FMA a: the direction is necessary in the public interest to protect people trading in either or both of the following: i: the securities, or a class of securities, of 1 or more public issuers: ii: 1 or more futures contracts, or a class of futures contracts, traded on a registered market b: it is not a matter to which the purpose of subpart 1 Section 36ZQ inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZQ amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZQ(a) substituted 24 November 2009 section 16 Securities Markets Amendment Act 2009 Section 36ZQ(a)(ii) amended 1 May 2011 section 26 Securities Markets Amendment Act 2011 36ZR: Notice, opportunity for exchange to act, and submissions before FMA 1: A direction may be given under section 36ZO a: the FMA i: its opinion that the requirements of section 36ZP 36ZQ ii: the proposed terms of the direction; and iii: the reasons for its opinion; and b: after receiving the FMA's i: in the case of a proposed direction to suspend the trading of securities or a class of securities, action to prevent that trading; or ii: in the case of a proposed direction to suspend the trading of futures contracts, or a class of futures contracts, action to prevent that trading; or iii: in any other case, any other action that, in the FMA's c: the FMA d: the FMA 2: A reasonable period FMA Section 36ZR inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZR heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZR(1) substituted 24 November 2009 section 17 Securities Markets Amendment Act 2009 Section 36ZR(1)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZR(1)(b) amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Section 36ZR(1)(b)(iii) amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Section 36ZR(1)(c) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZR(1)(d) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZR(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZS: Limited notice and submissions for urgent continuous disclosure directions If the FMA section 36ZR a: it may give less than 2 trading days' notice before it gives the direction 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. Section 36ZS inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZS amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZT: Notice and opportunity to be heard and represented after FMA If a direction is given under section 36ZO FMA a: must, as soon as reasonably practicable, give written notice to the registered exchange, and in the case of a direction to suspend the trading of securities or a class of securities, the public issuer or issuers concerned, i: its opinion that the requirements of section 36ZP section 36ZQ ii: the terms of the direction; and iii: the reasons for its opinion; and b: must, after the direction is given, give each of those persons or the person's representative an opportunity to make written submissions and to be heard on the matter; and c: may also give notice to any other person of the matters in paragraph (a). Section 36ZT inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZT heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZT amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZT(a) amended 24 November 2009 section 18 Securities Markets Amendment Act 2009 Section 36ZT(b) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 36ZU: Effect of directions to exchanges 1: A direction under section 36ZO 2: If the registered exchange fails to comply with the direction or the FMA Section 36ZU inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZU(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 36ZV: Provisions as to directions 1: The FMA section 36ZO 2: The FMA section 36ZO Section 36ZV inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZV(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 36ZV(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Contracting out or modification of continuous disclosure process requirements Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZW: Contracting out or modification of continuous disclosure process requirements 1: The FMA sections 36ZM 36ZN 36ZR to 36ZT 2: For that purpose, the registered exchange may agree to waive or modify obligations under those sections that are owed to public issuers that are parties to listing agreements with the exchange. Section 36ZW inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZW(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Offence Heading inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 36ZX: Offence 1: A registered exchange commits an offence if it intentionally or recklessly— a: fails to give a notice, provide information, give assistance, or provide access as required under this subpart; or b: contravenes section 36ZM c: fails to comply with a direction under section 36YF section 36ZO 2: See section 43B Section 36ZX inserted 1 December 2002 section 20 Securities Markets Amendment Act 2002 Section 36ZX(1) substituted 1 May 2011 section 27 Securities Markets Amendment Act 2011 Section 36ZX(2) substituted 29 February 2008 section 14 Securities Markets Amendment Act 2006 3: Overseas exchanges Subpart 3 inserted 1 May 2011 section 28 Securities Markets Amendment Act 2011 36ZY: Overseas exchanges 1: The FMA may (on the terms and conditions it thinks fit), by notice in the Gazette a: 1 or more securities markets; or b: 1 or more securities markets and 1 or more futures markets; or c: 1 or more futures markets, if the body corporate already holds a market registration for a securities market. 2: The notice must— a: identify the market registered and the person that is authorised to hold the market registration under this section; and b: state the terms and conditions that apply to the person under the authorisation (and may, in those terms (without limitation), add to, modify, or disapply any of the provisions of subparts 1A 2 3: The FMA must not grant the authorisation unless it is satisfied that— a: the body corporate is authorised to operate the relevant market in another jurisdiction; and b: the operation of the market by the body corporate will be subject to requirements and supervision under the proposed terms or conditions of the authorisation or the law and regulatory requirements of its home jurisdiction, or both; and c: those requirements and that supervision are likely to have at least equivalent outcomes, in terms of the degree of integrity and effectiveness of the market and the confidence of investors in the market, to the likely outcomes for that market if the market were registered under section 36F 4: This Act (other than subpart 1B section 36F subsection (2) 1988 No 234 s 36X Section 36ZY inserted 1 May 2011 section 28 Securities Markets Amendment Act 2011 36ZYA: Revocation or amendment of authorisation 1: The FMA may, by notice in the Gazette section 36ZY 2: However, the FMA must not do so unless— a: it has consulted the body corporate concerned; and b: it is satisfied that it is in the public interest to do so. Section 36ZYA inserted 1 May 2011 section 28 Securities Markets Amendment Act 2011 36ZYB: Offence for breach of terms or conditions of authorisation Every person who acts in contravention of a term or condition of an authorisation granted under section 36ZY see section 43B 1988 No 234 s 36Z Section 36ZYB inserted 1 May 2011 section 28 Securities Markets Amendment Act 2011 3: Dealing in futures contracts 37: Interpretation of terms used in this Part 1: In this Part, unless the context otherwise requires,— acquire acquires acquisition authorised futures contract a: made on, or effected through, an authorised futures market b: made on, or effected through, a futures exchange in a country other than New Zealand which is authorised by the laws of that country to operate as a futures exchange, by a person referred to in section 38(1) c: which is a futures contract of a class in which a person referred to in section 38(1) authorised futures exchange a: a person that is authorised to conduct a futures market under subsection (8): b: a registered exchange that holds a market registration under Part 2B c: a subsidiary of a person to which paragraph (a) or (b) authorised futures market Part 2B commodity , a financial instrument, and emissions units dispose of a: in the case of a futures contract described in paragraph (d) of the definition of that term, assign and exercise: b: in the case of any other futures contract, discharge obligations under;— and disposes disposition emissions units a: units as defined in section 4(1) b: personal property that— i: is created by, or in accordance with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol as— A: one of a fixed number of units issued by reference to a specified amount of greenhouse gas; or B: evidence of a specified amount of reductions, removals, avoidance, storage, sequestration, or any other form of mitigation of greenhouse gas emissions; and ii: can be surrendered, retired, cancelled, or otherwise used to— A: offset greenhouse gas emissions under, or otherwise comply with, any enactment (whether of New Zealand, another country, or any jurisdiction of any country), rule of law, contractual provision, or international treaty or protocol; or B: enable a person who surrenders, retires, cancels, or otherwise uses it to claim an environmental benefit futures contract a: an agreement under which one party agrees to deliver to another party at a specified future time a specified commodity or a quantity of a specified commodity at a price which is fixed when the agreement is made but under which it is contemplated or understood that the obligations of the parties may be satisfied by means other than actual delivery: b: an agreement under which each party has either— i: an obligation to pay a sum of money to the other or to credit the account of the other with payment of a sum of money; or ii: a right to receive payment, or a credit, of a sum of money from the other— depending on whether at a future date the value or price of a specified commodity calculated in a manner specified by, or in accordance with, the agreement is greater or less than the value or price agreed upon by the parties when the agreement was made: c: an agreement under which each party has either— i: an obligation to pay a sum of money to the other or to credit the account of the other with payment of a sum of money; or ii: a right to receive payment, or a credit, of a sum of money from the other— depending on whether at a future date the value or level of a specified index calculated in a manner specified by, or in accordance with, the agreement is greater or less than the value or level agreed upon by the parties when the agreement was made: d: an option or right to assume, at a specified price or value, or within a specified period, or by a specified date, rights and obligations under an agreement of a kind described in a preceding paragraph: e: an agreement, option or right which is declared by the FMA Act or any f: an agreement, option or right which is of a class of agreements, options or rights declared by the FMA Act or any greenhouse gas section 31 registered bank section 2 1989 2: For the purposes of a: a currency swap agreement to which b: an interest rate swap agreement to which c: a forward exchange rate contract to which d: a forward interest rate contract to which 3: An agreement or option of the kind described in paragraphs (a), (b), (c), (d), (e), or (f) of the definition of the term futures contract in subsection (1) is a futures contract whether or not it— a: has any other effect; or b: contains any other provisions; or c: is capable of being varied or discharged before the time fixed for performance. 4: For the purposes of the definition of the term futures contract in subsection (1), party a: an assignee: b: a nominee: c: a successor in title: d: if the party to the agreement is an agent, the principal. 5: For the purposes of this Part, a person deals in a futures contract if that person— a: acquires or disposes of the futures contract on behalf of another person; or b: offers to acquire or dispose of the futures contract on behalf of another person; or c: on behalf of another person induces, or attempts to induce, a person, to acquire or dispose of the futures contract; or d: advises or assists a person in connection with the acquisition or disposition of the futures contract; or e: does any other act or engages in conduct declared by the FMA Gazette 6: For the purposes of subsection (5)(d) a person shall not be regarded as giving advice or assistance to any person in connection with the acquisition or disposition of a futures contract by reason only that that person gives that advice or assistance in a professional capacity as a solicitor or a chartered accountant. 7: The FMA Gazette a: an agreement, option, or right to be an agreement, option, or right to which b: a class of agreements, options, or rights to be a class of agreements, options, or rights to which 8: The FMA , on the terms and conditions (if any) that it thinks fit Gazette to be authorised to conduct 1 or more futures markets in New Zealand 8AA: A notice of an authorisation declaration under subsection (8) must— a: identify the market to which the authorisation applies and the person that is authorised to conduct that market under this section; and b: state the terms and conditions that apply to the person under the authorisation (and may, in those terms (without limitation), add to, modify, or disapply any of the provisions of subparts 1A 2 8AB: The FMA must not grant the authorisation declaration under subsection (8) unless it is satisfied that— a: the operation of the futures market by the body corporate will be subject to requirements and supervision under the proposed terms and conditions of the authorisation or the law and regulatory requirements of another jurisdiction (if the body corporate is authorised to conduct the market in another jurisdiction), or both; and b: those requirements and that supervision are likely to have at least equivalent outcomes, in terms of the degree of integrity and effectiveness of the market and the confidence of investors in the market, to the likely outcomes for that market if it were registered under section 36F 8A: A notice under subsection (8) may include any authorisation given under section 38 9: The FMA Gazette 10: The FMA Gazette 11: Declarations to which subsection (7)(b) applies (but no other declarations made under this section) are legislative instruments for the purposes of the Legislation Act 2012 section 41 Section 37(1) authorised dealer in foreign exchange repealed 3 June 1998 section 2(1)(a) Securities Amendment Act 1998 Section 37(1) authorised futures contract amended 1 May 2011 section 29(1) Securities Markets Amendment Act 2011 Section 37(1) authorised futures contract amended 3 June 1998 section 2(1)(b) Securities Amendment Act 1998 Section 37(1) authorised futures contract amended 3 June 1998 section 2(1)(c) Securities Amendment Act 1998 Section 37(1) authorised futures exchange substituted 1 May 2011 section 29(2) Securities Markets Amendment Act 2011 Section 37(1) authorised futures market inserted 1 May 2011 section 29(2) Securities Markets Amendment Act 2011 Section 37(1) commodity amended 24 November 2009 section 19(3) Securities Markets Amendment Act 2009 Section 37(1) emissions units inserted 24 November 2009 section 19(6) Securities Markets Amendment Act 2009 Section 37(1) futures contract amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(1) futures contract amended 24 November 2009 section 19(4) Securities Markets Amendment Act 2009 Section 37(1) futures contract amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(1) futures contract amended 24 November 2009 section 19(5) Securities Markets Amendment Act 2009 Section 37(1) greenhouse gas inserted 24 November 2009 section 19(6) Securities Markets Amendment Act 2009 Section 37(1) registered bank amended 3 June 1998 section 2(1)(d) Securities Amendment Act 1998 Section 37(2) amended 24 November 2009 section 19(7) Securities Markets Amendment Act 2009 Section 37(2)(a) amended 3 June 1998 section 2(2) Securities Amendment Act 1998 Section 37(2)(b) amended 3 June 1998 section 2(2) Securities Amendment Act 1998 Section 37(2)(c) amended 3 June 1998 section 2(2) Securities Amendment Act 1998 Section 37(2)(d) amended 3 June 1998 section 2(2) Securities Amendment Act 1998 Section 37(5)(e) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(7) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(7)(a) amended 24 November 2009 section 19(8) Securities Markets Amendment Act 2009 Section 37(7)(b) amended 24 November 2009 section 19(8) Securities Markets Amendment Act 2009 Section 37(8) amended 1 May 2011 section 29(3) Securities Markets Amendment Act 2011 Section 37(8) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(8) amended 1 December 2002 section 21(2) Securities Markets Amendment Act 2002 Section 37(8AA) inserted 1 May 2011 section 29(4) Securities Markets Amendment Act 2011 Section 37(8AB) inserted 1 May 2011 section 29(4) Securities Markets Amendment Act 2011 Section 37(8A) inserted 1 December 2002 section 21(3) Securities Markets Amendment Act 2002 Section 37(9) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(10) added 3 June 1998 section 2(3) Securities Amendment Act 1998 Section 37(10) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 37(11) inserted 5 August 2013 section 77(3) Legislation Act 2012 37A: No holding out as futures exchange unless authorised under this Part 1: No person may, in connection with carrying on business in New Zealand,— a: use a style or title including the words futures exchange futures market b: state or imply, or permit a statement or implication, that— i: the person is an authorised futures exchange; or ii: a market 2: Subsection (1)(a) and (b)(i) do not apply to— a: an authorised futures exchange; or b: a subsidiary of an authorised futures exchange. 2A: Subsection (1)(b)(ii) does not apply to— a: an authorised futures exchange in respect of its authorised futures market; or b: a subsidiary of an authorised futures exchange in respect of the exchange's authorised futures market. 3: Every person who acts in contravention of subsection (1) commits an offence ( see section 43C Section 37A inserted 1 December 2002 section 22 Securities Markets Amendment Act 2002 Section 37A(1)(b)(ii) amended 1 May 2011 section 30(1) Securities Markets Amendment Act 2011 Section 37A(2) substituted 1 May 2011 section 30(2) Securities Markets Amendment Act 2011 Section 37A(2A) inserted 1 May 2011 section 30(2) Securities Markets Amendment Act 2011 Section 37A(3) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 37B: No operation of futures markets unless authorised under this Part (if restriction applies) 1: No person to whom this section applies may conduct a market or exchange in New Zealand for trading in futures contracts unless that person is— a: an authorised futures exchange; or b: a subsidiary of an authorised futures exchange. 2: Every person who acts in contravention of subsection (1) commits an offence ( see section 43C Section 37B inserted 1 December 2002 section 22 Securities Markets Amendment Act 2002 Section 37B(2) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 37C: Power to apply and remove restriction on operating futures markets 1: The Minister may, by notice in the Gazette a: declare, in accordance with section 37D section 37B b: declare that section 37B c: exempt a market 2: An exemption under subclause (1)(c) may be on any terms or conditions that the Minister thinks fit. 3: An exemption has effect according to its tenor. 4: In determining whether or not to grant an exemption, the Minister must seek the advice of the FMA 5: The Minister may vary an exemption in the same way as the exemption may be granted under this section. 6: The Minister may, by notice in the Gazette Section 37C inserted 1 December 2002 section 22 Securities Markets Amendment Act 2002 Section 37C(1)(c) amended 1 May 2011 section 31(1) Securities Markets Amendment Act 2011 Section 37C(1)(c) amended 1 May 2011 section 31(2) Securities Markets Amendment Act 2011 Section 37C(4) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 37D: Criteria and process for applying restriction on operating futures markets 1: The Minister may declare that section 37B a: the integrity or effectiveness of futures markets in New Zealand; or b: the confidence of investors in futures markets in New Zealand. 2: The Minister must, before making the declaration,— a: give at least 2 months' written notice of the proposed declaration, and of the Minister's reasons for his or her opinion under subsection (1), to— i: the person to whom it is proposed to apply section 37B ii: the FMA iii: any other persons that the Minister thinks are representative of the interests of persons likely to be substantially affected by the proposed declaration; and b: have regard to any submissions made by those persons within the notice period given; and c: before making the declaration, give at least 14 days' written notice to the persons referred to in paragraph (a), and in the Gazette 3: A failure to comply with subsection (2) does not invalidate any notice published under section 37C Section 37D inserted 1 December 2002 section 22 Securities Markets Amendment Act 2002 Section 37D(2)(a)(ii) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 37E: No operation by authorised futures exchange of unauthorised futures market 1: No authorised futures exchange may operate in New Zealand a futures market for which it does not have an authorisation under this Part or a market registration under Part 2B 2: Every person who acts in contravention of subsection (1) commits an offence ( see section 43C Section 37E inserted 1 May 2011 section 32 Securities Markets Amendment Act 2011 38: Dealers in futures contracts to be authorised 1: No person may carry on the business of dealing in futures contracts unless that person— a: is, or is a member of a class of persons that is, authorised by the FMA Gazette b: has been approved by an authorised futures exchange under its rules to carry on the business of dealing in futures contracts in accordance with the rules of that exchange. 1A: However, a person who receives approval under subsection (1)(b) may carry on the business of dealing in futures contracts only if that dealing is subject to the regulation and oversight of the authorised futures exchange that approved the person. 2: For the purposes of subsection (1)(a) a: specified futures contracts: b: a specified class or specified classes of futures contracts: c: futures contracts generally: d: futures contracts generally other than— i: specified futures contracts: ii: a specified class or specified classes of futures contracts— and may be on such terms and conditions as the FMA 3: The FMA Gazette subsection (1)(a) 4: For the purposes of subsection (1)(b), rules that is a registered exchange (or subsidiary of a registered exchange), means market rules Section 38(1) substituted 24 November 2009 section 20(1) Securities Markets Amendment Act 2009 Section 38(1)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 38(1A) inserted 24 November 2009 section 20(1) Securities Markets Amendment Act 2009 Section 38(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 38(2) amended 24 November 2009 section 20(2) Securities Markets Amendment Act 2009 Section 38(2) amended 2 September 1996 Sharebrokers Amendment Act 1996 Section 38(3) added 3 June 1998 section 2(4) Securities Amendment Act 1998 Section 38(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 38(3) amended 24 November 2009 section 20(3) Securities Markets Amendment Act 2009 Section 38(4) added 24 November 2009 section 20(4) Securities Markets Amendment Act 2009 Section 38(4) amended 1 May 2011 section 33 Securities Markets Amendment Act 2011 39: Contravention of section 38 an offence Every person who contravenes section 38 see section 43C Section 39 substituted 29 February 2008 section 14 Securities Markets Amendment Act 2006 40: Effect of certain laws on authorised futures contracts and other contracts 1: Nothing in the Gambling Act 2003 a: an authorised futures contract; or b: an agreement or a contract of the kind described in section 37(2) 2: Without limiting subsection (1), a contract referred to in that subsection is not a gaming or wagering contract for the purposes of any enactment or rule of law. 3: A contravention of this Part does not affect the validity or enforceability of a contract referred to in subsection (1). Section 40 substituted 28 July 1997 section 10(2) Securities Amendment Act (No 2) 1997 Section 40(1) amended 1 July 2004 section 374 Gambling Act 2003 4: Investment advisers and brokers Part 4 repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Application of this Part Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41: When investment advice given to public, etc Section 41 repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Disclosure by investment advisers Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41A: Investment advisers' disclosure obligation Section 41A repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41B: Investment adviser must disclose experience, qualifications, professional standing, etc Section 41B repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41C: Investment adviser must disclose certain criminal convictions, etc Section 41C repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41D: Investment adviser must disclose fees Section 41D repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41E: Investment adviser must disclose other interests and relationships Section 41E repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41F: Investment adviser must disclose details of securities about which advice given Section 41F repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Disclosure by investment brokers Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41G: Investment brokers' disclosure obligation Section 41G repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41H: Investment broker must disclose certain criminal convictions, etc Section 41H repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41I: Investment broker must disclose procedures for dealing with investment money or investment property Section 41I repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Method of disclosure Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41J: How disclosure must be made Section 41J repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Other requirements relating to disclosure Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41K: Disclosure must not be misleading Section 41K repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41L: Disclosure of additional information Section 41L repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41M: No compliance with disclosure obligations if disclosure statement out of date Section 41M repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41N: Advertisement must refer to disclosure statement Section 41N repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41O: Advertisement must not be deceptive, misleading, or confusing Section 41O repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Offences Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41P: Offence for failure to comply with disclosure obligation Section 41P repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41Q: Offence of deceptive, misleading, or confusing disclosure Section 41Q repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41R: Offence of deceptive, misleading, or confusing advertisement Section 41R repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41S: Recommending, or receiving money for, acquisition of securities prohibited if offer for subscription illegal Section 41S repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41T: Defence of immateriality Section 41T repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Territorial scope of this Part Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41U: Territorial scope Section 41U repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 Miscellaneous Heading repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41V: No contracting out Section 41V repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 41W: No liability under Fair Trading Act 1986 if not liable under this Part Section 41W repealed 1 July 2011 section 164(4) Financial Advisers Act 2008 5: Enforcement and remedies Part 5 heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 1: FMA's Subpart 1 heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Subpart 1 heading amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Prohibition and corrective orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42: When FMA The FMA a: a market manipulation prohibition or exemption or the general dealing misconduct prohibition: b: an investment advisers' or brokers' obligation or exemption: c: section 36A(1) d: section 37A(1) Section 42 substituted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42 heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42 amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 42A: Terms of prohibition and corrective orders 1: A prohibition order may prohibit or restrict the making of any statement or distributing of any document by or on behalf of the person for the purpose of preventing a contravention or further contravention of the relevant prohibition, obligation, or exemption. 2: A corrective order may direct the person in contravention 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. Section 42A inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Disclosure orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42B: When FMA The FMA a: a continuous disclosure obligation or exemption: b: a directors' and officers' disclosure obligation or exemption: c: a substantial holding disclosure obligation or exemption: d: Section 42B inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42B heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42B amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42B(d) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 42C: Terms of disclosure orders A disclosure order may order the person— a: to disclose in accordance with the order information for the purpose of securing compliance with the relevant obligation or exemption: b: 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. Section 42C inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Temporary investment adviser and broker banning orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42D: When FMA Section 42D repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 42E: Terms of temporary banning order for investment adviser and broker activities Section 42E repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Unsolicited offer orders Heading inserted 1 May 2011 section 34 Securities Markets Amendment Act 2011 42EA: When FMA may make unsolicited offer orders The FMA may make an unsolicited offer order in accordance with this subpart if the FMA is satisfied that a person has acted, is acting, or intends to act in contravention of an unsolicited offer obligation or exemption. Section 42EA inserted 1 May 2011 section 34 Securities Markets Amendment Act 2011 42EB: Terms of unsolicited offer orders 1: An unsolicited offer order may— a: restrain a person from acquiring a security, a power to dispose of a security, or an interest in or right attaching to a security, as a result of the unsolicited offer: b: restrain a person from taking any action that is, or that may reasonably be expected to constitute, a contravention of an unsolicited offer obligation or exemption: c: restrain a person from taking specified steps to complete or perform a contract that has been, or may reasonably be expected to be, entered into in contravention of an unsolicited offer obligation or exemption: d: direct a person not to register the transfer of a security: e: direct a person to disclose information, make corrective statements, or take any other specified steps, at the person's own expense and in the manner and at the times specified in the order, for the purpose of securing compliance with an unsolicited offer obligation or exemption. 2: An unsolicited offer order may be directed at any person. Section 42EB inserted 1 May 2011 section 34 Securities Markets Amendment Act 2011 Process for FMA's Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Heading amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 42F: FMA 1: The FMA a: gives the person to whom the order is directed written notice of— i: the nature of the alleged contravention; and ii: the proposed terms of the order; and iii: the reasons for the proposed order; and b: also gives that written notice to the relevant registered exchange, in the case of a disclosure order for a contravention of a continuous disclosure obligation or exemption; and c: gives that notice at least— i: 24 hours before the FMA section 42G ii: 48 hours before the FMA or an unsolicited offer order iii: 7 days before the FMA d: gives each person to whom notice of the order must be given or the person's representative an opportunity to make written submissions and to be heard on the matter within that notice period. e: f: 2: However, the FMA section 42G Section 42F inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42F heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42F(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42F(1)(c)(i) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42F(1)(c)(ii) amended 1 May 2011 section 35 Securities Markets Amendment Act 2011 Section 42F(1)(c)(ii) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42F(1)(c)(iii) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42F(1)(d) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 42F(1)(e) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 42F(1)(f) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 42F(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 42G: FMA 1: If the FMA section 42F a: may give less than 24 hours' notice before it makes the order, and the notice may be oral, not written; and b: may give persons an opportunity to make only oral submissions, not written, to a member, officer, or employee of the FMA FMA 2: However, the FMA 3: The orders are— a: a prohibition or corrective order for a contravention of a market manipulation prohibition or exemption or the general dealing misconduct prohibition: b: c: a disclosure order for a contravention of a continuous disclosure obligation or exemption: d: a temporary banning order: e: an unsolicited offer order. Section 42G inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42G heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42G(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42G(1)(b) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42G(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42G(3)(b) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 42G(3)(e) added 1 May 2011 section 36 Securities Markets Amendment Act 2011 42H: FMA 1: If the FMA FMA a: must, as soon as is reasonably practicable, give written notice to the person to whom the order is directed of— i: the terms of the order; and ii: the reasons for the order; and b: must also give that written notice to the relevant registered exchange, in the case of a disclosure order for a contravention of a continuous disclosure obligation or exemption; and c: may also give notice to any other person of those matters. 2: The FMA Section 42H inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42H heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42H(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42H(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 General provisions Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42I: General provisions on FMA's 1: The FMA FMA 2: The FMA 3: The FMA 4: An order made under this subpart is subject to appeal only in accordance with section 47A Section 42I inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42I heading amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Section 42I(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42I(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42I(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42I(4) substituted 1 May 2011 section 82 Financial Markets Authority Act 2011 42J: Offence of failing to comply with FMA's 1: A person who contravenes an order made by the FMA see section 43E 2: No person may be convicted of an offence against subsection (1) a: the person proves that the contravention occurred without the person's knowledge or without the person's knowledge of the order; or b: the contravention was in respect of matters that, in the court's opinion, were immaterial; or c: the court thinks that the contravention, in the circumstances of the case, ought reasonably to be excused. Section 42J inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42J heading amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Section 42J(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 2: Court's enforcement powers Subpart 2 inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Injunctions Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42K: What court may injunct The court may, on application by the FMA Section 42K inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42K amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 42L: 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 the person has previously engaged in conduct of that kind or there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind. Section 42L inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42M: Undertaking as to damages not required by FMA 1: If the FMA FMA 2: However, in determining the FMA's FMA Section 42M inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42M heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42M(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42M(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42M(2) amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Corrective orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42N: When court may grant corrective orders The court may, on application by the FMA a: a market manipulation prohibition or exemption or the general dealing misconduct prohibition: b: c: section 36A(1) d: section 37A(1) e: an unsolicited offer obligation or exemption. Section 42N inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42N amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42N(b) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 42N(e) added 1 May 2011 section 37 Securities Markets Amendment Act 2011 42O: Terms of corrective orders A corrective order may direct the person in contravention 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. Section 42O inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Disclosure orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42P: When court may make disclosure orders The court may, on application by the FMA a: a continuous disclosure obligation or exemption: b: a substantial holding disclosure obligation or exemption: c: d: an unsolicited offer obligation or exemption. Section 42P inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42P amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42P(c) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 42P(d) added 1 May 2011 section 38 Securities Markets Amendment Act 2011 42Q: Terms of disclosure orders A disclosure order may order— a: the person in contravention to disclose in accordance with the order information for the purpose of securing compliance with the relevant obligation or exemption: b: the person in contravention 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. Section 42Q inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 3: Civil remedies Subpart 3 inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Overview of civil remedies Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42R: Overview of civil remedies 1: The following remedies ( civil remedy orders a: a pecuniary penalty order and declaration of contravention (on application by the FMA b: a compensatory order: c: a specific civil remedy order under section 42ZC d: other civil remedy orders under section 42ZE 2: This section is a guide only to the general scheme and effect of this subpart. Section 42R inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42R(1)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 42S: What are civil remedy provisions In this subpart, a civil remedy provision a: an insider conduct prohibition or exemption: b: a market manipulation prohibition or exemption: c: the general dealing misconduct prohibition: d: a continuous disclosure obligation or exemption: e: a substantial holding disclosure obligation or exemption: f: g: an unsolicited offer obligation or exemption. Section 42S inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42S(f) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 42S(g) added 1 May 2011 section 39 Securities Markets Amendment Act 2011 Pecuniary penalty orders and declarations of contravention Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42T: When court may make pecuniary penalty orders and declarations of contravention 1: If the FMA a: must determine whether the person has contravened a civil remedy provision; and b: must make a declaration of contravention ( see sections 42U 42V c: may order the person to pay a pecuniary penalty that the court considers appropriate to the Crown ( see sections 42W to 42Y i: materially prejudices the interests of acquirers or disposers of the securities or relevant interests involved; or ii: materially prejudices the public issuer or, if the public issuer is a body corporate, its members; or iii: is likely to materially damage the integrity or reputation of any of New Zealand's securities markets; or iv: is otherwise serious. 2: However, the court must not make a declaration of contravention or a pecuniary penalty order under this section for a contravention of— a: section 13 b: Section 42T inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42T(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42T(2)(b) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 42U: Purpose and effect of declarations of contravention 1: The purpose of a declaration of contravention is to enable an applicant for a compensatory order or other civil remedy order under section 42ZE 2: Accordingly, a declaration of contravention is conclusive evidence of the matters that must be stated in it under section 42V Section 42U inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42V: What declarations of contravention must state A declaration of contravention must state the following: a: the court that made the declaration; and b: the civil remedy provision to which the contravention relates or, if the contravention is of an exemption, both the term or condition contravened and the civil remedy provision to which the exemption relates; and c: the person who engaged in the contravention; and d: the conduct that constituted the contravention and, if a transaction constituted the contravention, the transaction; and e: the public issuer to which the conduct related (if relevant). Section 42V inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42W: Maximum amount of pecuniary penalty 1: The maximum amount of a pecuniary penalty for a contravention of an insider conduct prohibition , market manipulation prohibition, or unsolicited offer prohibition a: the consideration for the transaction that constituted the contravention (if any); or b: 3 times the amount of the gain made, or the loss avoided, by the person in carrying out the conduct ( see section 42X c: $1,000,000. 2: The maximum amount of a pecuniary penalty for a contravention of any other civil remedy provision is $1,000,000. Section 42W inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42W(1) amended 1 May 2011 section 40 Securities Markets Amendment Act 2011 42X: Guidance for court on how to determine gains made or losses avoided for purposes of maximum amount 1: For the purposes of section 42W(1)(b) a: a person makes a gain if the person acquires a security b: a person avoids a loss if the person disposes of a security 2: In this case, the gain made or loss avoided is the difference between the consideration paid or received (as the case may be) and the value the security would have had at the time of the sale if, — a: in the case of a contravention of an insider conduct prohibition, the material information had been generally available to the market; or b: in the case of a contravention of a market manipulation prohibition, the conduct, statement, or information had not been misleading, deceptive, or false. 3: In the case of a contravention of an unsolicited offer prohibition, subsection (2) does not apply. Section 42X inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42X(1)(a) amended 1 May 2011 section 41(1) Securities Markets Amendment Act 2011 Section 42X(1)(b) amended 1 May 2011 section 41(1) Securities Markets Amendment Act 2011 Section 42X(3) added 1 May 2011 section 41(2) Securities Markets Amendment Act 2011 42Y: Considerations for court in determining pecuniary penalty In determining an appropriate pecuniary penalty, the court must have regard to all relevant matters, including— a: any purpose and criteria stated in this Act that apply to the civil remedy provision; 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 securities markets because of the contravention; and d: the nature and extent of any loss or damage suffered by a person referred to in section 42T(1)(c)(i) or (ii) 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; and g: the relationship of the parties to the transaction constituting the contravention. Section 42Y inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42Z: Court must order that recovery from pecuniary penalty be applied to FMA's If the court orders that a person pay a pecuniary penalty, and the proceedings were brought (in whole or in part) by the FMA FMA's Section 42Z inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42Z heading amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Section 42Z amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 42Z amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Compensatory orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZA: When court may make compensatory orders 1: The court may make a compensatory order, on application by the FMA a: there is a contravention of a civil remedy provision; 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. 3: However, the court must not make a compensatory order under this section for a contravention of an investment advisers' and brokers' disclosure obligation or exemption. Section 42ZA inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42ZA(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 42ZB: Terms of compensatory orders If section 42ZA 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 42ZB inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Civil remedy order for investment advisers' or brokers' disclosure obligations Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZC: When court may make civil remedy order for investment advisers' or brokers' disclosure obligations Section 42ZC repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 42ZD: Terms of civil remedy order for investment advisers' or brokers' disclosure obligations Section 42ZD repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Other civil remedy orders Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZE: When court may make other civil remedy orders 1: The court may, on application by the FMA section 42ZF 2: However, the court must not make a civil remedy order of that kind for a contravention of a continuous disclosure obligation or exemption or an investment advisers' or brokers' obligation or exemption. Section 42ZE inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 42ZE(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 42ZF: Terms of other civil remedy orders A civil remedy order under section 42ZE a: restrain the exercise of rights attaching to securities, or the exercise of relevant interests, or declare an exercise of those rights or relevant interests to be void and of no effect: b: restrain the issue or allotment of securities or restrain any distribution due in relation to securities: c: restrain the acquisition or disposal of securities or of relevant interests or restrain the registration of any transfer of that kind: d: direct the disposal of securities or of relevant interests (including the person or class of person to which they must, or must not, be disposed of) and direct the payment of the proceeds of any disposal: e: require securities to be forfeited and require the public issuer to cancel the forfeited securities: f: cancel an agreement for the acquisition or disposal of securities or relevant interests. Section 42ZF inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Interrelationship of civil remedies Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZG: 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 securities and declaring a previous exercise of voting rights attaching to those securities to be void. Section 42ZG inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZH: Only 1 pecuniary penalty order may be made for same conduct If conduct by a person constitutes a contravention of 2 or more civil remedy provisions, 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 42ZH inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 General Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZI: 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 42ZI inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 42ZJ: Time limit for applying for civil remedies 1: An application for a pecuniary penalty order, a civil remedy order under section 42ZC section 42ZE 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 the 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 42ZJ inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 4: Criminal offences and penalties Subpart 4 heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Penalties for offences Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43: Penalties for failing to comply with Part 1 1: A person who commits an offence against any of the sections set out in subsection (2) is liable on conviction 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. 2: The sections are— a: section 8F b: section 11A c: section 11D Section 43 substituted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 43A: Penalties for failing to comply with Part 2 1: A person who commits an offence against any of the following sections is liable on a: section 19ZD b: section 35BA 2: A person who commits an offence against any of the following sections is liable on a: section 19ZF b: section 32 c: section 35E d: section 35H Section 43A inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 43B: Penalties for failing to comply with Part 2B 1: A person who commits an offence against section 36ZX registered 2: A person who commits an offence against any of the following sections is liable on a: section 36A(1) b: section 36B(1) c: section 36FB(1) d: section 36G(1) subpart 1A e: section 36ZYB 3: A person who commits an offence against section 36N 4: A person who commits an offence against section 36U(1)(a) Section 43B inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43B(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43B(1) amended 24 November 2009 section 21(1) Securities Markets Amendment Act 2009 Section 43B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43B(2)(c) substituted 1 May 2011 section 42(1) Securities Markets Amendment Act 2011 Section 43B(2)(d) substituted 1 May 2011 section 42(1) Securities Markets Amendment Act 2011 Section 43B(2)(e) amended 1 May 2011 section 42(2) Securities Markets Amendment Act 2011 Section 43B(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43B(3) amended 1 May 2011 section 42(3) Securities Markets Amendment Act 2011 Section 43B(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 43C: Penalties for failing to comply with Part 3 1: A person who commits an offence under section 39 section 38 a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $100,000, or to both: b: in the case of a body corporate, to a fine not exceeding $300,000. 2: A person who commits an offence against any of the following sections is liable on a: section 37A(1) b: section 37B(1) c: section 37E(1) Section 43C inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43C(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43C(2)(c) added 1 May 2011 section 43 Securities Markets Amendment Act 2011 43D: Penalties for failing to comply with Part 4 Section 43D repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 43E: Penalties for failing to comply with this Part 1: An individual who commits an offence against either of the following sections is liable on conviction a: b: section 43I 2: A person who commits an offence against any of the sections set out in subsection (3) is liable on conviction a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $100,000, or to both: b: in the case of a body corporate, to a fine not exceeding $300,000. 3: The sections are— a: b: c: section 43T 4: A person who commits an offence against section 42J FMA's Section 43E inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43E(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43E(1)(a) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 43E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43E(3)(a) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 43E(3)(b) repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 Section 43E(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43E(4) amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 5: Other court orders Subpart 5 inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Management bans Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43F: When court may make management banning orders 1: The court may, on application by an entitled person, make a management banning order against a person ( A a: A has been convicted of an offence against Part 1 b: A has, while a director of an incorporated or unincorporated body,— i: persistently contravened this Act, the Companies Act 1993 Securities Act 1978 the Securities Trustees and Statutory Supervisors Act 2011, Takeovers Act 1993 takeovers code 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 43G 2: An entitled person a: the FMA b: the Registrar of Companies: c: an incorporated or unincorporated body that— i: A is a director of at the time of the application; or ii: A was a director of at the time of the ground that triggers the making of the order under subsection (1): d: the liquidator of an incorporated or unincorporated body referred to in paragraph (c): e: a person who is, or has been, a holder of securities (and, for this purpose, security Securities Act 1978 Section 43F inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43F(1)(b)(i) amended 1 October 2011 section 74(2) Securities Trustees and Statutory Supervisors Act 2011 Section 43F(2)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 43G: Terms of management banning orders A management banning order may, for a period stated in the order of 10 years or less, prohibit or restrict the person (without the leave of the court) from being a director or promoter of, or in any way (whether directly or indirectly) being concerned or taking 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). Section 43G inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43H: Offence of contravening management banning order An individual who acts in contravention of a management banning order under section 43F see section 43E Section 43H inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43I: Persons automatically banned from management 1: This section applies to a person if the person has been convicted of an offence against Part 1 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). 2A: The court may give leave for the purposes of subsection (2)— a: at the time of conviction or making of the order, or at any other time on the application of the relevant person: b: in respect of a particular incorporated or unincorporated body, a class of incorporated or unincorporated bodies, or incorporated or unincorporated bodies generally. 3: An individual who acts in contravention of this section commits an offence ( see section 43E Section 43I inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43I(2A) inserted 1 May 2011 section 44 Securities Markets Amendment Act 2011 43J: Only 1 management ban may be made for same conduct If conduct by a person constitutes grounds for making an order under any 1 or more of section 43F section 60A section 44F section 383 Section 43J inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Investment adviser or broker bans Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43K: When court may make banning orders for investment adviser or broker activities Section 43K repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 43L: Terms of investment adviser or broker banning orders Section 43L repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 43M: Offence of contravening investment adviser or broker banning order Section 43M repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 43N: Persons automatically banned from investment adviser or broker activities Section 43N repealed 1 July 2011 section 164(5) Financial Advisers Act 2008 43O: General provisions for bans and banning orders 1: The Registrar of the court must, as soon as practicable after the making of a banning order by a court under this Part,— a: give notice to the Registrar of Companies and the FMA b: give notice in the Gazette 2: A person intending to apply for the leave of the court to override a ban imposed by or under section 43F 43I 43K 43N FMA 3: The FMA Section 43O inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43O(1)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 43O(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 43O(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Orders to preserve assets to satisfy claims Heading inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43P: When court may prohibit payment or transfer of money, securities, or other property 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 any regulations made under this Act 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 FMA section 43Q 3: In this section and section 43Q aggrieved person liable relevant person Corporations Act 2001 s 1323(1) (Aust) Section 43P inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43P(1)(a) amended 1 May 2011 section 45 Securities Markets Amendment Act 2011 Section 43P(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 43Q: What orders may be made 1: The orders that may be made under section 43P a: an order prohibiting the relevant person from transferring, charging, or otherwise dealing with money, securities, or other property held or controlled by the relevant person: 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, securities, or other property, on behalf of the relevant person, or on behalf of an associated person of the relevant person, from paying all or any of the money, or transferring, or otherwise parting with possession of, the securities or other property, to, or to another person at the direction or request of, the person on whose behalf the money, securities, or other property, is or are held: 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 securities or other property of the relevant person, or of an associated person of the relevant person from a place in New Zealand to a place outside New Zealand (including the transfer of securities from a register in New Zealand to a register outside New Zealand): f: an order requiring the relevant person, or any person holding money, securities, or other property on behalf of the relevant person or an associated person if the relevant person, to pay or transfer money, securities, or other property to a specified person to be held on trust pending determination of the investigation, prosecution, or civil proceeding: 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 43Q inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43R: Interim orders 1: If an application is made to the court for an order under section 43P 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 43R inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43S: Relationship with other law 1: Nothing in sections 43P to 43R 2: This section has effect subject to the Insolvency Act 1967 Corporations Act 2001 s 1323(7), (8) (Aust) Section 43S inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43T: Offence A person commits an offence who contravenes an order by the court under section 43Q section 43R see section 43E Corporations Act 2001 s 1323(9), (10) Section 43T inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 6: General Subpart 6 inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43U: Time for filing charging document for certain offences 1: Despite anything to the contrary in section 25 a: a charging document may be filed at any time in respect of an offence against section 39 43H 43I 43M 43N 43T b: the limitation period in respect of an offence against section 36A(1) 36B(1) 36G(1) 36P(1) 36Z 2: Nothing in subsection (1) affects the application of section 25 Section 43U replaced 1 July 2013 section 413 Criminal Procedure Act 2011 43V: Evidence not otherwise admissible In the exercise of its jurisdiction under this Act, the court may receive in evidence any statement, document, or information that would not be otherwise admissible that may in its opinion assist it to deal effectively with the matter. Section 43V inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43W: Court may order payment of FMA's If the FMA FMA's Section 43W inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43W heading amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 Section 43W amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 43W amended 1 May 2011 section 84(5) Financial Markets Authority Act 2011 43X: Orders to secure compliance The court may, for the purpose of securing compliance with any other order it makes under this Part, direct a person to do or refrain from doing a specified act. Section 43X inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43Y: 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 43Y inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43Z: 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 43Z inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43ZA: 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 public issuer: c: a person who is alleged to have suffered, or to be likely to suffer, loss or damage because of an alleged contravention (whether that person or another person makes the allegation): d: the FMA e: the relevant registered exchange: f: a person directed to be given notice of the application: g: with the leave of the court, any other person. Section 43ZA inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 Section 43ZA(d) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 43ZB: 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, 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 43ZB inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 43ZC: 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 43ZC inserted 29 February 2008 section 12(1) Securities Markets Amendment Act 2006 6: Miscellaneous Part 6 heading inserted 29 February 2008 section 14 Securities Markets Amendment Act 2006 General provisions Heading inserted 29 February 2008 section 14 Securities Markets Amendment Act 2006 44: Commission may exercise powers under Securities Act 1978 Section 44 repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 45: Actions of other persons on behalf of registered exchanges 1: If a person acts on behalf of a registered exchange,— a: this Act applies to that person in the same way as it would apply to the registered exchange if it were acting itself (with any necessary modifications); and b: the registered exchange is also responsible under this Act for the acts of the person as if it were acting itself (with any necessary modifications). 2: Subsection (1) applies except as expressly provided by this Act. Section 45 substituted 1 December 2002 section 24 Securities Markets Amendment Act 2002 46: Protection for acting on FMA A registered exchange, or an officer or employee of a registered exchange, is not liable for any act done or omitted to be done by that person in compliance with a direction by the FMA section 36ZO Section 46 substituted 1 December 2002 section 24 Securities Markets Amendment Act 2002 Section 46 heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 46 amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 47: Protection from liability for registered exchanges and others 1: A registered exchange is not liable for anything it may do or fail to do in the course of the exercise or intended exercise of its functions or duties under Part 2 Part 2B 2: An officer, an employee, or a person acting on behalf of a registered exchange is not liable for anything he or she may do or say or fail to do or say in the course of the exercise or intended exercise of the registered exchange's functions or duties under Part 2 Part 2B Section 47 substituted 1 December 2002 section 24 Securities Markets Amendment Act 2002 47AA: Protection from liability in connection with unsolicited offer obligations 1: This section applies to any person who— a: is stated by the regulations made under section 48DB b: is not in contravention of an unsolicited offer obligation or exemption. 2: A person to whom this section applies is not liable for any act done or omitted to be done by that person in good faith if the act or omission is— a: required by an unsolicited offer order made by the FMA; or b: required by an order made by the court under Part 5 c: stated by the regulations made under section 48DB Section 47AA inserted 1 May 2011 section 46 Securities Markets Amendment Act 2011 Appeals Heading inserted 1 May 2011 section 46 Securities Markets Amendment Act 2011 47A: Appeals against decisions of FMA on questions of law only A person that considers that a decision of the FMA under any of the following provisions is wrong in law may appeal against the decision to the High Court on a question of law only: a: section 34 b: section 36ZO c: subpart 1 Section 47A inserted 1 May 2011 section 46 Securities Markets Amendment Act 2011 Exemptions granted and removed by FMA Heading inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 48: Exemptions granted by FMA 1: The FMA may, on the terms and conditions (if any) that it thinks fit,— a: exempt any transaction, class of transactions, person, class of persons, or class of relevant interests, acquisitions, or disposals from compliance with any directors' and officers' disclosure obligation or obligations: b: exempt any person or class of persons, any transaction or class of transactions, or any class of relevant interests, substantial holdings, or relevant events from compliance with any substantial holding disclosure obligation or obligations: c: exempt any offer, class of offers, security, class of securities, person, or class of persons from compliance with any unsolicited offer obligation or obligations: d: exempt any person or class of persons from compliance with any requirement of the Futures Industry (Client Funds) Regulations 1990 2: The FMA must not grant an exemption under this section unless it is satisfied that— a: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption; and b: in the case of subsection (1)(d), there are adequate alternative safeguards for preserving client money and client property. Section 48 substituted 1 May 2011 section 47 Securities Markets Amendment Act 2011 48A: Status and publication of exemptions 1: An exemption granted under section 48 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 48 Legislation Act 2012 3: An exemption granted under section 48 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 48 6: In this section, class exemption a: means an exemption of general application that applies to a class of persons, transactions, offers, securities, relevant interests, substantial holdings, relevant events, acquisitions, or disposals; but b: does not include an exemption granted in relation to— i: particular persons, transactions, offers, securities, relevant interests, substantial holdings, relevant events, acquisitions, or disposals; or ii: persons, transactions, offers, securities, relevant interests, substantial holdings, relevant events, acquisitions, or disposals associated with or involving a particular entity. Section 48A substituted 1 May 2011 section 47 Securities Markets Amendment Act 2011 Section 48A(1) replaced 5 August 2013 section 77(3) Legislation Act 2012 Section 48A(2) replaced 5 August 2013 section 77(3) Legislation Act 2012 48B: Variation or revocation of exemptions 1: The FMA may vary or revoke an exemption granted under section 48 2: Section 48A Section 48B substituted 1 May 2011 section 47 Securities Markets Amendment Act 2011 48C: FMA 1: The FMA Gazette section 6(1)(a) to (g) subpart 2 subpart 3 section 31 section 32A 2: The FMA 3: The FMA Gazette 4: A notice under this section has effect according to its tenor. 5: A notice under this section takes effect from the date stated in the notice (which must not be earlier than the date of the Gazette Section 48C inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 48C heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48C(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48C(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48C(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 48D: Requirements for FMA 1: Before designating a person as not exempt under section 48C FMA a: do everything reasonably possible on its part to advise the person of the proposed designation; and b: give the person a reasonable opportunity to make submissions to the FMA 2: Subsection (1) does not apply to a designation if the FMA 3: Failure to comply with subsection (1) does not invalidate the designation. 4: The FMA Section 48D inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 48D heading amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48D(1) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48D(1)(b) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48D(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 48D(4) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Regulations Heading inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 48DA: Definitions relating to unsolicited offer regulations and related provisions 1: For the purposes of this Act, an unsolicited offer a: the offer is to acquire a security, to acquire a power to dispose of a security, or to acquire another interest in or right attaching to a security, made by a person ( A B b: it is unsolicited by B: c: it is not made on a registered market: d: it is within the class or classes of unsolicited offers to which the regulations apply: e: it is not a takeover offer for securities under the takeovers code or an acquisition or a redemption by a company of its shares under the Companies Act 1993 2: For the purposes of this section, sections 47AA 48DB 48DC a: associated person section 49(7)(b) b: an offer c: regulations may define or clarify the meaning of unsolicited Section 48DA inserted 1 May 2011 section 48 Securities Markets Amendment Act 2011 48DB: Regulations concerning unsolicited offer regulations 1: The Governor-General may, on the recommendation of the Minister in accordance with subsection (3), make regulations setting out the rules applying to unsolicited offers for any or all of the purposes set out in subsection (2). 2: The purposes are— a: ensuring offerees are fully informed of— i: the current market price of a listed security or, for a non-listed security, a fair estimate of the value of the security and the basis for making that estimate; and ii: the material terms of the offer and their effect; and iii: any warnings issued by the FMA (if ordered by the FMA to be contained in or to accompany offer documents); and iv: their rights and remedies under the regulations: b: ensuring that notice of an unsolicited offer to security holders is given to the relevant public issuer or issuer and the FMA: c: ensuring that no agreement to transfer may bind offerees for a minimum period for the purpose of enabling offerees to consider, and reconsider, any decision to accept an offer: d: requiring there to be minimum or maximum offer periods or both: e: setting out any other rules applying to unsolicited offers. 3: In formulating recommendations to make regulations under this section, the Minister must— a: have regard to the objective of preventing unfair practices in the making of unsolicited offers; and b: consult with the FMA. Section 48DB inserted 1 May 2011 section 48 Securities Markets Amendment Act 2011 48DC: Specific provisions for regulations concerning unsolicited offers The regulations made under section 48DB a: define the class or classes of unsolicited offers and securities to which the regulations apply: b: prescribe requirements in relation to unsolicited offers and the making of those offers, including requirements as to the form and content of those offers, variations of those offers, the updating and resending of offer documents or other corrective statements, and the implication of terms into the offer or any resulting agreement: c: prescribe the information, statements, certificates, or other documents that must be supplied to offerees, the relevant public issuer or issuer, and the FMA: d: provide for any duties or functions of the FMA in connection with the rules applying to unsolicited offers: e: state which obligations are unsolicited offer obligations for the purposes of this Act: f: provide for the exercise of a right to withdraw a notification of a decision to accept an unsolicited offer, a right to refuse to complete a transfer, or any other right or remedy of offerees, and any consequences and obligations that apply in those cases: g: provide for any powers of, and requirements on, public issuers, issuers, or their agents in connection with transfers under an unsolicited offer and provide for protections from liability for those persons, persons administering a register of securities, and other persons for the purposes of section 47AA h: provide for the regulations to— i: extend to, or in respect of, any conduct of an associated person of an offeror and any conduct that, in substance or effect, constitutes an unsolicited offer: ii: prohibit contracting out of the regulations and include any other provision or provisions designed to prevent avoidance of the regulations (for example, prohibiting persons inviting others to make an offer to sell a security in circumstances in which, if the invitation were an offer to acquire the security, it would be an unsolicited offer to which the regulations applied): i: provide for transitional matters. Section 48DC inserted 1 May 2011 section 48 Securities Markets Amendment Act 2011 48E: Regulations requiring continuous disclosure by public issuers 1: The Governor-General may, on the recommendation of the Minister in accordance with section 48F section 48G section 19C 2: Those regulations may— a: declare that section 19C b: contain requirements for the purpose of requiring public issuers that are parties to listing agreements with that exchange to notify information about events or matters as they arise (being material information that is not generally available to the market) for the purpose of that information being made available to participants in the registered exchange's securities market c: determine the form in which, how, and when that information must be made available to participants in the registered exchange's securities market d: determine the form of, method of, and any additional details required with, the notification of that information, or provide who may determine any of these matters: e: exempt (on terms and conditions, if any) persons, classes of persons, information, and classes of information from compliance with any provision or provisions of the regulations: f: provide for a specified person or persons to exempt (on terms and conditions, if any) persons, classes of persons, information, and classes of information from compliance with any provision or provisions of the regulations, and to vary and revoke those exemptions: g: provide for a specified person or persons to carry out functions under the regulations, and the powers and procedures of that person or persons: h: require fees and charges to be paid in connection with the performance or exercise of a function or power referred to in paragraph (f) or paragraph (g) i: provide for transitional provisions. 3: A failure to comply with section 48F(3) section 48G(2)(b) to (d) Section 48E inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 48E(2)(b) amended 24 November 2009 section 22 Securities Markets Amendment Act 2009 Section 48E(2)(c) amended 24 November 2009 section 22 Securities Markets Amendment Act 2009 48F: Requirements for regulations replacing continuous disclosure listing rules 1: This section applies if the Minister proposes to recommend regulations to declare that section 19C 2: The Minister may make a recommendation under section 48E a: has had regard to the purpose of subpart 1 section 19A b: is satisfied that, over time, the continuous disclosure provisions of the registered exchange's listing rules, or the registered exchange's administration of those provisions, has not achieved the purpose of that subpart. 3: The Minister must, before making that recommendation,— a: give at least 3 months' written notice of the proposed recommendation, and of the Minister's reasons for his or her opinion under subsection (2)(b), to— i: the FMA ii: the relevant registered exchange; and iii: any other persons that the Minister thinks are representative of the interests of persons likely to be substantially affected by the proposal; and b: have regard to any submissions made by those persons within the notice period given; and c: give at least 14 days' written notice to the persons in paragraph (a) Gazette Section 48F inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 48F(3)(a)(i) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 48G: Ongoing requirements for continuous disclosure regulations 1: This section applies if the Minister proposes to recommend regulations to amend, revoke, or replace regulations made under section 48E 2: The Minister must, before making a recommendation under section 48E a: have regard to the purpose of subpart 1 section 19A b: give written notice of the proposed recommendation to— i: the FMA ii: the relevant registered exchange; and iii: any other persons that the Minister thinks are representative of the interests of persons likely to be substantially affected by the proposal; and c: have regard to any submissions made by those persons within the notice period given; and d: give at least 14 days' written notice to the persons in paragraph (b), and in the Gazette Section 48G inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 48G(2)(b)(i) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 49: Regulations concerning directors' and officers' disclosure obligations 1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (2), make regulations for the purpose of— a: declaring any persons (whether described as a class or otherwise) not to be officers for the purpose of the definition of officer in section 2 b: prescribing further matters relating to a relevant interest, or acquisition or disposal of a relevant interest, that must be disclosed by directors and officers under subpart 2 i: the nature of the relevant interest: ii: the number and class of securities to which the relevant interest relates or related: iii: the date of the disclosure obligation becoming applicable, or the date of the acquisition or disposal: iv: the consideration paid or received for the acquisition or disposal: v: details as to the circumstances in which the acquisition or disposal occurred: vi: the date of the last disclosure by the director or officer: c: determining when the disclosure in paragraph (b) is required (including by requiring disclosure only on request) and prescribing the form of or for, and the method of, disclosure, or providing for the relevant registered exchange to determine that form or method and for the way in which it must do so: d: exempting (on terms and conditions, if any) classes of persons, classes of transactions, or classes of relevant interests, acquisitions, or disposals from compliance with any directors' and officers' disclosure obligation or obligations. 2: The Minister must consult with the FMA Section 49 substituted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 49(2) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 49A: Regulations concerning substantial holding disclosure 1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (3), make regulations for the purpose of— a: prescribing further matters relating to a matter, a relevant event, or a substantial holding, that must be disclosed under subpart 3 i: the nature of the relevant interests in the substantial holding (including before and after the relevant event in the case of sections 23 24 ii: the number, nominal value (if any), and class of securities in which the person has or had the substantial holding (including before and after the relevant event in the case of sections 23 24 iii: the date of the relevant event: iv: the terms and conditions (including consideration) of the transaction giving rise to the relevant event: v: details as to the circumstances in which the relevant event occurred: vi: the date of the last disclosure by the person under that subpart in respect of the substantial holding: vii: information relating to the relevant event or substantial holding and concerning other persons who have made disclosures under that subpart: b: prescribing the documents, certificates, and statements that must accompany or be annexed to those disclosures: c: determining when disclosure of the further matters referred to in paragraph (a) is required (including by requiring disclosure only on request): d: prescribing the form of or for, and the method of, disclosure under that subpart (and of any other acknowledgments or notices required by the subpart), or providing for the relevant registered exchange to determine that form or method and providing for the way in which it must do so: e: exempting (on terms and conditions, if any) classes of persons, classes of transactions, or classes of relevant interests, substantial holdings, or relevant events from compliance with any substantial holding disclosure obligation or obligations. 2: The further matters prescribed for disclosures required by section 22 25 section 15(1)(a) 3: The Minister must consult with the FMA Section 49A inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 49A(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 49B: Regulations concerning dealing in futures contracts 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, in accordance with subsection (3), make regulations for the purpose of— a: regulating the business and operations of authorised futures exchanges: b: regulating the carrying on of the business of dealing in futures contracts and prescribing requirements that must be met by persons dealing in those contracts including requirements relating to the disclosure of financial and other information and the appointment and duties of trustees: c: regulating the receipt of money and property from clients by persons dealing in futures contracts and the application of that money and property: d: prescribing requirements relating to the deposit of that money and property in separate clients' funds accounts or safe custody, as the case may be: e: specifying the duties and obligations of those dealers in relation to clients' funds accounts including obligations to make payments into those accounts: f: providing for the protection of money deposited in clients' funds accounts and the investment of that money and property deposited in safe custody from claims against persons dealing in futures contracts: g: providing for the FMA 2: Without limiting subsection (1), regulations made under that subsection may also apply to persons acting on behalf of an authorised futures exchange in the same way that they apply to the authorised futures exchange. 3: The Minister must consult with the FMA Section 49B inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 49B(1)(g) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 49B(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 49C: Regulations concerning investment advisers and brokers Section 49C repealed 1 July 2011 section 164(7) Financial Advisers Act 2008 49D: Other regulations 1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (3), make regulations for the purpose of— a: exempting (on terms and conditions, if any) anything from being dealings in securities for the purposes of the general dealing misconduct prohibition: b: exempting (on terms and conditions, if any) conduct from being— i: insider conduct, that is conduct that would otherwise fall within section 8C section 8D section 8E ii: market manipulation, that is conduct that would otherwise fall within section 11 section 11B c: requiring information to be provided in a notice under section 36ZD d: prescribing fees and charges to be paid for the purposes of this Act, or a means by which fees and charges may be calculated or ascertained: e: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 2: Without limiting subsection (1)(d), regulations made under that paragraph may— a: authorise the FMA i: in connection with the exercise by the FMA ii: on an application to the FMA iii: from a person for advice provided by the FMA b: authorise the FMA FMA 3: The Minister must consult with the FMA Section 49D inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 Section 49D(2)(a) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 49D(2)(a)(i) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 49D(2)(a)(ii) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 49D(2)(a)(iii) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 49D(2)(b) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 Section 49D(3) amended 1 May 2011 section 84(3) Financial Markets Authority Act 2011 49E: Breach of exemption conditions The breach of a term or condition of an exemption provided by regulations made under this Act or by notice under section 48 Section 49E inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 49F: Regulations or exemptions in respect of specified overseas jurisdictions Without limiting sections 48 to 49D Section 49F inserted 29 February 2008 section 13 Securities Markets Amendment Act 2006 50: Disclosure of information relating to inspection Section 50 repealed 1 December 2002 section 25 Securities Markets Amendment Act 2002 51: Regulations and Orders in Council Section 51 repealed 1 December 2002 section 25 Securities Markets Amendment Act 2002 52: Fees and charges Section 52 repealed 1 December 2002 section 25 Securities Markets Amendment Act 2002

DLM135611

1988

Trustee Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Trustee Amendment Act 1988, and shall be read together with and deemed part of the Trustee Act 1956 2: This Act shall come into force on the 1st day of October 1988. 2: Interpretation This section amended s 2 3: New Part 2 substituted This section substituted Part 2 sections 13A to 13Q 4: Power to postpone sale of investments This section amended section 14(7) 5: Renewal, extension, or variation of mortgages This section amended section 15(g) 6: Power to sell property on terms This section substituted section 17(4) section 17(5) 7: Deposit of documents for safe custody This section amended section 26 8: Reversionary interest This section amended section 27 9: Power to delegate trusts 1: This subsection substituted section 31(7) section 31(7A)-(7C) 2: This subsection inserted Schedule 4 10: Power of trustee carrying on trust business to acquire shares in co-operative enterprises This section inserted section 32A 11: Investment of income during a minority This section amended section 40 12: Special rules as to apportionment on purchase, sale, or transfer in certain cases This section amended section 83 13: Schedule 1 repealed This section repealed Schedule 1 14: Amendments This section made amendments to various Acts and Regulations as specified in Schedules 2 3 15: Certain provisions deemed to empower investment in accordance with Trustee Act 1956 as amended 1: Except as expressly provided in this Act, any provision in any Act, or in any instrument creating a trust, that empowers or requires any person to invest any money in the investments authorised under the Trustee Act 1956 section 4 Trustee Act 1956 Trustee Act 1956 2: Except as expressly provided in this Act, any provision in any Act, or in any instrument creating a trust, that empowers or requires any person to invest any money in any specified class or classes of investment, one or more of which is defined by reference to section 4 Trustee Act 1956 a: It empowered or required that person to invest that money in accordance with the provisions of the Trustee Act 1956 b: The reference to every specified class or classes of investment had been omitted. 3: Except as expressly provided in this Act, any provision in any Act that— a: Is, by virtue of subsection (1) (2) Trustee Act 1956 b: Empowers that person to invest that money in any other manner if the consent, approval, or authorisation of any Minister of the Crown is obtained,— shall be read and construed as if the power or requirement referred to paragraph (b) 16: Repeals and revocations 1: The enactments specified in Schedule 4 2: The orders specified in Schedule 5

DLM133281

1988

Disputes Tribunal Act 1988

1: 1: This Act is the Disputes Tribunal Act 1988 2: This Act shall come into force on 1 March 1989. Section 1 heading amended 1 March 2017 section 259(1) District Court Act 2016 Section 1(1) amended 1 March 2017 section 259(2) District Court Act 2016 1A: Purpose The purpose of this Act is to consolidate and amend the Small Claims Tribunals Act 1976. Section 1A inserted 1 March 2017 section 260 District Court Act 2016 2: Interpretation In this Act, unless the context otherwise requires,— applicant the Tribunal the Tribunal section 24(3) or (4) section 37 authenticated section 28 section 29 a: that the acknowledgement is signed and dated; or b: if the acknowledgement is in electronic form, that it, by the use of any electronic means, adequately identifies the person responsible for its content and the date of authentication chief executive claim a: the Tribunal sections 10 to 11 b: proceedings have been— i: commenced in the Tribunal section 24(1) ii: transferred to the Tribunal section 24(3) or (4) section 37 intellectual property Patents Act 2013 Designs Act 1953 Trade Marks Act 2002 Copyright Act 1994 Plant Variety Rights Act 2022 Investigator section 41(1) the Tribunal lodge sections 50 51 lodges lodging lodged Minister prescribed Principal Disputes Referee section 6A Referee section 7 Registrar a: the person appointed under section 4B(1) b: a Registrar or Deputy Registrar of the District Court performing functions under this Act respondent Tribunal the Disputes Tribunal established as a division of the District Court section 4 work order as may be specified in the order writing sections 6A 6B 7 40 written record Section 2 applicant amended 1 March 2017 section 261 District Court Act 2016 Section 2 authenticated inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 Section 2 chief executive inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 Section 2 claim amended 14 November 2018 section 26(3) Tribunals Powers and Procedures Legislation Act 2018 Section 2 claim amended 1 March 2017 section 261 District Court Act 2016 Section 2 claim amended 1 March 2017 section 261 District Court Act 2016 Section 2 claim amended 1 March 2017 section 261 District Court Act 2016 Section 2 intellectual property amended 24 January 2023 section 159 Plant Variety Rights Act 2022 Section 2 intellectual property amended 13 September 2014 section 249 Patents Act 2013 Section 2 intellectual property amended 20 August 2003 section 201 Trade Marks Act 2002 Section 2 intellectual property amended 1 January 1995 section 236(1) Copyright Act 1994 Section 2 Investigator amended 1 March 2017 section 261 District Court Act 2016 Section 2 lodge inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 Section 2 no claims bonus repealed 14 November 2018 section 26(4) Tribunals Powers and Procedures Legislation Act 2018 Section 2 Principal Disputes Referee inserted 3 July 1998 section 2 Disputes Tribunals Amendment Act 1998 Section 2 Registrar replaced 14 November 2018 section 26(5) Tribunals Powers and Procedures Legislation Act 2018 Section 2 Tribunal amended 1 March 2017 section 261 District Court Act 2016 Section 2 work order amended 14 November 2018 section 26(6) Tribunals Powers and Procedures Legislation Act 2018 Section 2 writing inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 29 October 2019 section 27 Tribunals Powers and Procedures Legislation Act 2018 3: Act to bind the Crown This Act binds the Crown. 1: Establishment of Tribunal Part 1 heading amended 1 March 2017 section 261 District Court Act 2016 4: Disputes Tribunal is division of District Court 1: The District Court has a division known as the Disputes Tribunal. 2: Each Disputes Tribunal that is in existence immediately before this section comes into force ceases to be a division of the District Court and is constituted an office of the Tribunal. Section 4 replaced 1 March 2017 section 261 District Court Act 2016 4A: Offices of Tribunal The Minister may from time to time, by notice in the Gazette a: establish such offices of the Tribunal as that Minister thinks fit; and b: disestablish an office of the Tribunal and direct how the records of that office must be dealt with. Section 4A inserted 1 March 2017 section 261 District Court Act 2016 4B: Registry of Disputes Tribunal 1: The chief executive may establish a Registry for the Disputes Tribunal and may appoint a person to be the Disputes Tribunal Registrar. 2: The office of Disputes Tribunal Registrar may be held in conjunction with any other office in the public service. 3: The functions of the Disputes Tribunal Registrar are— a: to ensure the orderly and efficient administration of the Registry; and b: to give directions or advice, as appropriate, to Registry staff to enhance the consistency of the Registry’s performance. 4: The Ministry of Justice must provide the resources and administrative support necessary to enable the Disputes Tribunal to perform its functions. Section 4B inserted 14 November 2018 section 28 Tribunals Powers and Procedures Legislation Act 2018 5: Exercise of Tribunal's jurisdiction 1: The jurisdiction of the Tribunal section 7 2: If the Referee hearing any proceedings in respect of a claim dies, or becomes incapacitated, or is for any other reason unable or unavailable to complete the hearing or dispose of the proceedings, they shall be heard afresh by another Referee, unless the parties agree that the proceedings be disposed of in another way. 1976 No 35 s 5 Section 5(1) amended 1 March 2017 section 261 District Court Act 2016 6: Sittings of Tribunal and rostering and training of Referees 1: A Registrar must schedule the days, times, and places for the regular sittings of the Tribunal and, when doing so, must implement any directions given under subsection (2). 2: The Principal Disputes Referee is responsible for the rostering and training of Referees and may give any directions he or she considers necessary for these purposes. Before giving any direction, the Principal Disputes Referee must consult the Chief District Court Judge. 3: If for any reason the office of Principal Disputes Referee is vacant, or if for any reason the Principal Disputes Referee is unable to perform his or her functions under subsection (2), the Chief District Court Judge must— a: assess and fulfil the training needs of Referees; and b: roster Referees. Section 6 replaced 14 November 2018 section 29 Tribunals Powers and Procedures Legislation Act 2018 6A: Appointment of Principal Disputes Referee 1: The Governor-General may, from time to time, by warrant under his or her hand and on the advice of the Minister of Justice, appoint a Principal Disputes Referee. 2: No person may be appointed as Principal Disputes Referee unless that person— a: holds a Bachelor of Laws from a university in New Zealand or a qualification that the Minister considers is equivalent to such a Bachelor of Laws; and b: is capable, because of the person's personal attributes, knowledge, and experience, of performing the functions of a Referee and the functions of the Principal Disputes Referee set out in section 6C 3: The criteria and procedures for appointment may be further prescribed by rules made under section 60 4: Subject to subsection (5), every person appointed as Principal Disputes Referee holds office for a term of up to 5 years and, subject to subsection (2), may from time to time be reappointed 5: A Principal Disputes Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, or inability, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign the office of Principal Disputes Referee by notice in writing addressed to the Minister. 6: Unless the person sooner vacates the office under subsection (5), a Principal Disputes Referee continues in office until— a: that Principal Disputes Referee's successor comes into office; or b: the chief executive Section 6A inserted 3 July 1998 section 3 Disputes Tribunals Amendment Act 1998 Section 6A(4) amended 14 November 2018 section 30(1) Tribunals Powers and Procedures Legislation Act 2018 Section 6A(6)(b) amended 14 November 2018 section 30(2) Tribunals Powers and Procedures Legislation Act 2018 6B: Acting Principal Disputes Referee 1: Whenever, by reason of illness, absence from New Zealand, or any other cause, the Principal Disputes Referee is prevented from exercising the functions and powers of his or her office, the Governor-General may, by writing under his or her hand, appoint any other Referee to act as Principal Disputes Referee until the Principal Disputes Referee resumes his or her duties. 2: While a person acts as Principal Disputes Referee, the person may execute the duties of that office and may exercise all the functions and powers that may be lawfully exercised by the Principal Disputes Referee. Section 6B inserted 3 July 1998 section 3 Disputes Tribunals Amendment Act 1998 6C: Functions and powers of Principal Disputes Referee 1: The functions of the Principal Disputes Referee are— a: to undertake appropriate measures to ensure that the integrity of the office of Referee under this Act is maintained: ab: to make any arrangements that are practicable to ensure that the Principal Disputes Referee and each Referee perform their functions— i: in an orderly and efficient manner; and ii: in a way that achieves the purposes of this Act: b: to oversee and maintain the integrity of the selection process for Referees: c: to oversee the administrative performance of the Tribunal d: to give legal advice to Referees, as appropriate, to enhance the consistency of decision making: e: to advise the Chief District Court Judge on the assessment and fulfilment of the training needs of Referees: f: to advise the Chief District Court Judge on the rostering of Referees: g: to liaise, where appropriate, with interested persons on matters affecting the Referees or Tribunal proceedings: h: to liaise, where appropriate, with Referees: ha: to issue practice notes as he or she thinks fit, but that are not inconsistent with this Act or any regulations made under it; for the guidance of other Disputes Tribunal Referees, officers of the Tribunal, and parties before the Tribunal: i: to carry out such other functions as are conferred on the Principal Disputes Referee by rules made under section 60 2: Without limiting the generality of subsection (1), the Principal Disputes Referee may sit as a Referee and exercise the jurisdiction conferred on a Referee by this Act. 3: The Principal Disputes Referee also has such other powers as are necessary or expedient to enable the Principal Disputes Referee to perform his or her functions and duties. Section 6C inserted 3 July 1998 section 3 Disputes Tribunals Amendment Act 1998 Section 6C(1)(a) replaced 14 November 2018 section 31(1) Tribunals Powers and Procedures Legislation Act 2018 Section 6C(1)(ab) inserted 14 November 2018 section 31(1) Tribunals Powers and Procedures Legislation Act 2018 Section 6C(1)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 6C(1)(ha) inserted 14 November 2018 section 31(2) Tribunals Powers and Procedures Legislation Act 2018 6D: Delegation by Principal Disputes Referee 1: The Principal Disputes Referee may delegate any of his or her functions, duties, and powers to a Referee who holds the qualifications set out in section 6A(2) 2: A delegation— a: must be in writing; and b: must be to a named person; and c: is revocable at any time, in writing; and d: does not prevent the performance or exercise of a function, duty, or power by the Principal Disputes Referee. 3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation. 4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 9 Section 6D inserted 29 October 2019 section 32 Tribunals Powers and Procedures Legislation Act 2018 Section 6D(5) amended 1 December 2022 section 6 Remuneration Authority Legislation Act 2022 7: Appointment of Referees 1: The Governor-General may, from time to time, by warrant under the Governor-General's hand, appoint qualified persons to be Referees for the purposes of this Act. 2: A person is qualified to be appointed as a Referee only if that person— a: holds a relevant qualification (for example, a qualification in law, mediation, or arbitration) or has had relevant training; and b: has the personal attributes, knowledge, and experience so as to be capable of performing the functions of a Referee; and c: has been recommended for appointment under section 8 3: Subject to subsection (4), every person appointed as a Referee shall hold office for a term not exceeding 5 years 4: A Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, inability, 5: A Referee may— a: hold any other office; and b: engage in any other employment or calling— that, in the opinion of the Governor-General, will not impair the proper discharge of the functions of a Referee. 6: Notwithstanding anything in subsection (3), every Referee shall, unless that Referee sooner vacates office under subsection (4), continue in office until— a: that Referee's successor comes into office; or b: the chief executive 7: A Referee who continues in office for any period under subsection (6), unless he or she was removed from office, may act as a Referee during that period for the purpose of— a: completing any proceedings partly or wholly heard by the Referee before the expiry of his or her term of office: b: hearing any other proceedings. 8: A Referee who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. 1976 No 35 s 7 Section 7(2) replaced 29 October 2019 section 33(1) Tribunals Powers and Procedures Legislation Act 2018 Section 7(3) amended 5 December 2013 section 4 Disputes Tribunals Amendment Act 2013 Section 7(4) amended 3 July 1998 section 4 Disputes Tribunals Amendment Act 1998 Section 7(6)(b) amended 14 November 2018 section 33(2) Tribunals Powers and Procedures Legislation Act 2018 Section 7(7) inserted 14 November 2018 section 33(3) Tribunals Powers and Procedures Legislation Act 2018 Section 7(8) inserted 14 November 2018 section 33(3) Tribunals Powers and Procedures Legislation Act 2018 8: Selection of candidates for appointment or reappointment as Referees 1: Where it is proposed to make an appointment or reappointment under section 7 the chief executive a: by notice publicised in the area served or to be served by the Tribunal in respect of which the appointment or reappointment is proposed to be made, invite members of the public to submit to the chief executive b: appoint an assessment panel for the purpose of assessing the candidates for appointment or reappointment as Referees. 2: Every assessment panel appointed under subsection (1)(b) shall consist of— a: the Disputes Tribunal Registrar or a Registrar of the District Court b: the Principal Disputes Referee or a Referee nominated by him or her; and c: not more than 2 other persons, who shall be appointed to the panel by the chief executive 3: Every assessment panel appointed under subsection (1)(b) shall, in accordance with the criteria and procedures prescribed in rules made under this Act, assess the candidates for the appointment or reappointment in respect of which that panel was appointed, and shall— a: advise the Minister of the name of the person that it recommends for appointment or reappointment as a Referee; or b: advise the Minister that it makes no recommendation for appointment or reappointment in that particular case. Section 8(1) amended 14 November 2018 section 34(1) Tribunals Powers and Procedures Legislation Act 2018 Section 8(1)(a) amended 14 November 2018 section 34(1) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)(a) amended 14 November 2018 section 34(2) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 8(2)(b) replaced 14 November 2018 section 34(3) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)(c) amended 14 November 2018 section 34(1) Tribunals Powers and Procedures Legislation Act 2018 8A: Salary and allowances of Principal Disputes Referee Section 8A repealed 1 December 2022 section 7 Remuneration Authority Legislation Act 2022 9: Remuneration of Principal Disputes Referee and Referees 1: The Principal Disputes Referee and each Referee— a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951 2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a). 3: For the purposes of subsection (1)(b), the Fees and Travelling Allowances Act 1951 section 2 Section 9 replaced 1 December 2022 section 8 Remuneration Authority Legislation Act 2022 2: Jurisdiction, functions, and orders of Tribunal Part 2 heading amended 1 March 2017 section 261 District Court Act 2016 10: Jurisdiction of Tribunal 1: Subject to this section and to section 11 the Tribunal a: a claim founded on contract or quasi-contract; and b: a claim for a declaration that a person is not liable to another person in respect of a claim or demand, founded on contract or quasi-contract, made against that person by that other person; and c: a claim in tort in respect of— i: the destruction or loss of any property: ii: any damage or injury to any property: iii: the recovery of any property. 1A: The Tribunal Part 1 a: the occasion for the exercise of the power arises in the course of proceedings properly before the Tribunal; and b: the total amount sought in the proceedings does not exceed $30,000. 2: The Tribunal Part 2 3: For the purposes of subsection (1), the Tribunal $30,000 a: where a claim is made for the recovery of property, the value of that property; and b: where a claim is made for a work order, the value of the work sought to be included in the order. 4: If it is necessary for the purposes of this Act to ascertain the value of any property or work or to resolve any dispute as to such value (whether for the purposes of subsection (3) or otherwise), that value shall be determined by the Tribunal in such manner as it thinks fit, and the Tribunal may, for that purpose, appoint an Investigator to report to it under section 41 5: The Limitation Act 2010 1976 No 35 s 9 1985 No 38 s 2 Section 10 heading amended 1 March 2017 section 261 District Court Act 2016 Section 10(1) amended 29 October 2019 section 35(1) Tribunals Powers and Procedures Legislation Act 2018 Section 10(1) amended 1 March 2017 section 261 District Court Act 2016 Section 10(1A) inserted 19 December 2002 section 3(1) Disputes Tribunals Amendment Act 2002 Section 10(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 10(1A)(b) replaced 29 October 2019 section 35(2) Tribunals Powers and Procedures Legislation Act 2018 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2) amended 19 December 2002 section 3(2) Disputes Tribunals Amendment Act 2002 Section 10(3) amended 29 October 2019 section 35(3)(a) Tribunals Powers and Procedures Legislation Act 2018 Section 10(3) amended 29 October 2019 section 35(3)(b) Tribunals Powers and Procedures Legislation Act 2018 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016 Section 10(5) substituted 1 January 2011 section 58 Limitation Act 2010 11: Further limitations on jurisdiction 1: A debt or liquidated demand may be the subject of a declaration under section 10(1)(b) a: the applicant satisfies a Registrar b: the applicant either— i: satisfies a Registrar the Tribunal ii: not having lodged or attempted to lodge the claim pursuant to subparagraph (i), satisfies the Tribunal at a hearing— that the claim is in the nature of a counterclaim by a respondent against an applicant; or c: the claim is transferred to the Tribunal section 37 2: Notwithstanding subsection (1), the Tribunal a: where a respondent raises a debt or liquidated demand as a defence by way of set-off, give effect to that defence: b: where it dismisses a claim for a declaration under section 10(1)(b) section 19(1)(a) 3: Subject to subsection (4), no claim shall be heard and determined under this Act in respect of the destruction or loss of any property, or any damage or injury to any property, where any offender has been sentenced, under section 32 4: Nothing in subsection (3) shall apply in respect of any claim under this Act to recover any damages in excess of the amount ordered to be paid to the applicant under any sentence of reparation. 5: Except as provided in an enactment referred to in section 10(1A) or (2) the Tribunal a: for the recovery of land or any estate or interest in any land: b: in which the title to any land, or any estate or interest in any land, or to any franchise is in question: c: in which there is a dispute concerning— i: the entitlement of any person under a will, or settlement, or on any intestacy (including a partial intestacy); or ii: goodwill; or iii: any chose in action; or iv: any trade secret or other intellectual property. 6: In subsection (5) land 7: Without limiting section 10(1A) or (2) the Tribunal 8: In subsection (7) enactment any secondary legislation 9: The Tribunal 1976 No 35 s 10 1985 No 38 s 3 Section 11(1)(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 11(1)(b)(i) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 11(1)(b)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 11(1)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 11(2) amended 1 March 2017 section 261 District Court Act 2016 Section 11(3) amended 30 June 2002 section 186 Sentencing Act 2002 Section 11(5) amended 1 March 2017 section 261 District Court Act 2016 Section 11(5) amended 19 December 2002 section 4(1) Disputes Tribunals Amendment Act 2002 Section 11(7) amended 1 March 2017 section 261 District Court Act 2016 Section 11(7) amended 19 December 2002 section 4(2) Disputes Tribunals Amendment Act 2002 Section 11(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(9) amended 1 March 2017 section 261 District Court Act 2016 12: Recovery of consequential loss Section 12 repealed 29 October 2019 section 36 Tribunals Powers and Procedures Legislation Act 2018 13: Extension of jurisdiction by agreement between the parties Section 13 repealed 29 October 2019 section 37 Tribunals Powers and Procedures Legislation Act 2018 14: Abandonment to bring claim within jurisdiction A person may abandon so much of a claim as exceeds $30,000 the Tribunal section 18(3) a: who is a party to that agreed settlement; or b: against whom the claim and the subsequent order are made. 1976 No 35 s 11 Section 14 amended 29 October 2019 section 38 Tribunals Powers and Procedures Legislation Act 2018 Section 14 amended 1 March 2017 section 261 District Court Act 2016 15: Cause of action not to be divided A cause of action shall not be divided into 2 or more claims for the purpose of bringing it within the jurisdiction of the Tribunal 1976 No 35 s 12 Section 15 amended 1 March 2017 section 261 District Court Act 2016 16: Contracting out prohibited 1: A provision in any agreement (including one made before the commencement of this Act) to exclude or limit— a: the jurisdiction of the Tribunal b: the right of any person to invoke that jurisdiction— shall be of no effect. 2: Without limiting the generality of subsection (1), the Tribunal a: the submission to arbitration of any dispute or difference; or b: the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to the agreement. 3: Subsection (1) does not apply where a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the claim based on that cause of action. 4: Despite subsection (2), the Tribunal section 11(1) 1976 No 35 s 13 Section 16(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 16(2) amended 1 March 2017 section 261 District Court Act 2016 Section 16(4) added 18 October 2007 section 11 Arbitration Amendment Act 2007 Section 16(4) amended 1 March 2017 section 261 District Court Act 2016 17: Exclusion of other jurisdictions 1: Where a claim is lodged with the Tribunal the Tribunal section 24(3) or (4) section 37 a: any order is made under section 34(1)(e) section 36 section 53(1)(b) b: the proceedings before that other court or tribunal were commenced before the claim was lodged with or transferred to the Tribunal; or c: the claim before the Tribunal is withdrawn, abandoned, or struck out. 2: Where subsection (1)(b) applies to proceedings before another court or tribunal, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties in the Tribunal the Tribunal section 37 1976 No 35 s 14 Section 17(1) amended 1 March 2017 section 261 District Court Act 2016 Section 17(2) amended 1 March 2017 section 261 District Court Act 2016 18: Functions of Tribunal 1: The Tribunal shall, as regards every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the claim. 2: Without limiting the generality of subsection (1), in making an assessment under that subsection, the Tribunal shall have regard to any factors that, in the Tribunal's opinion, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement. 3: Where the parties reach an agreed settlement, the Tribunal may approve the settlement, and the settlement shall then take effect as if it were an order of the Tribunal made under subsection (8), and shall be enforceable in accordance with section 47 4: In approving an agreed settlement pursuant to subsection (3), the Tribunal is not bound by the monetary restrictions in section 19(4) to (6) 4A: An agreed settlement approved by the Tribunal under subsection (3) may include the terms of any agreement between the parties for payment of any amount specified in the agreed settlement to be enforced by way of an attachment order made under the District Court Act 2016 4B: If subsection (4A) applies, then section 19(1A) to (1C) 5: Where— a: it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the claim; or b: the parties are unable to reach an agreed settlement in relation to the claim; or c: the Tribunal does not approve an agreed settlement reached by the parties in relation to the claim,— the Tribunal shall proceed to determine the dispute. 6: The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 7: Without limiting the generality of subsection (6), the Tribunal a: conditions, warranties, or undertakings; or b: any right, duty, liability, or remedy that would arise or accrue in the circumstances of the dispute if there were no such exclusion or limitation. 8: To give effect to its determination of the dispute under subsection (5), or in granting relief in respect of any claim that is not disputed (except where subsection (3) applies), the Tribunal shall make 1 or more of the orders that it is empowered to make under section 19 1976 No 35 s 15 Section 18(4) amended 29 October 2019 section 39 Tribunals Powers and Procedures Legislation Act 2018 Section 18(4A) inserted 14 April 2014 section 4 Disputes Tribunals Amendment Act 2011 Section 18(4A) amended 1 March 2017 section 261 District Court Act 2016 Section 18(4B) inserted 14 April 2014 section 4 Disputes Tribunals Amendment Act 2011 Section 18(7) amended 1 March 2017 section 261 District Court Act 2016 19: Orders of Tribunal 1: The Tribunal a: the Tribunal may order a party to the proceedings to pay money to any other party: b: the Tribunal may make an order declaring that a person is not liable to another in respect of a claim or demand described in section 10(1)(b) c: the Tribunal may order a party to deliver specific property to another party to the proceedings: d: the Tribunal may make a work order against any party to the proceedings: e: where it appears to the Tribunal that an agreement between the parties, or any term of any such agreement, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, the Tribunal may make an order varying the agreement, or setting it aside (either wholly or in part): f: where it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or any writing purporting to express the agreement between the parties does not accord with their true agreement, the Tribunal may make an order varying, or setting aside, the agreement or the writing (either wholly or in part): g: the Tribunal may make an order dismissing the claim: h: the Tribunal may strike out, in whole or in part, a proceeding if satisfied that it— i: discloses no reasonable cause of action; or ii: is likely to cause prejudice or delay; or iii: is frivolous or vexatious; or iv: is otherwise an abuse of process: i: if a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,— i: if the party is required to be present, strike out the proceeding; or ii: determine the proceeding in the absence of the party; or iii: adjourn the hearing. 1A: The Tribunal may record in an order made under subsection (1)(a) (a money order the District Court Act 2016 a: the money order was made at a hearing at which both parties were present; and b: the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and c: both parties agreed on the terms of the attachment order, including the details specified in subsection (1B). 1B: If subsection (1A) applies, the money order must include the following details: a: the employer to whom the attachment order will relate; and b: whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period c: the amount or percentage to be deducted from salary or wages for the earnings period; and d: the amount or percentage below which the net amount paid for the earnings period must not fall; and e: the name and address of the person to whom the amounts deducted are to be paid; and f: that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period. 1C: Nothing in subsection (1B)(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3) 1D: If subsection (1B) is complied with, the money order may be filed in the District Court and, if so filed, sections 139(2) 154 to 162 1E: In this section, employer salary or wages section 154 2: Any order made by the Tribunal 3: Where the Tribunal section 18(8) section 46(2) 4: Subject to section 20 the Tribunal 5: The monetary restrictions that apply a: an order under subsection (1)(a) or under section 47(3)(b) $30,000 b: a declaration under subsection (1)(b) shall not relate to a claim or demand exceeding $30,000 c: an order under subsection (1)(c) shall not relate to any property exceeding $30,000 d: the work to be done or matters to be attended to under a work order shall not exceed $30,000 e: an order under paragraph (e) or paragraph (f) of subsection (1) shall not be made in respect of an agreement if the total amount in respect of which an order of the Tribunal is sought exceeds $30,000 6: Except as provided in subsection (3), the Tribunal $30,000 7: 8: Nothing in subsection (1) shall restrict the making by the Tribunal 1976 No 35 s 16 1985 No 38 s 2 Section 19(1) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1)(h) inserted 14 November 2018 section 40(1) Tribunals Powers and Procedures Legislation Act 2018 Section 19(1)(i) inserted 14 November 2018 section 40(1) Tribunals Powers and Procedures Legislation Act 2018 Section 19(1A) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1B) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1C) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1C) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1D) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1D) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1E) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1E) amended 1 March 2017 section 261 District Court Act 2016 Section 19(2) amended 1 March 2017 section 261 District Court Act 2016 Section 19(3) amended 1 March 2017 section 261 District Court Act 2016 Section 19(4) amended 1 March 2017 section 261 District Court Act 2016 Section 19(5) amended 29 October 2019 section 40(2)(a) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)(a) amended 29 October 2019 section 40(2)(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)(b) amended 29 October 2019 section 40(2)(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)(c) amended 29 October 2019 section 40(2)(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)(d) amended 29 October 2019 section 40(2)(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)(e) amended 29 October 2019 section 40(2)(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(6) amended 29 October 2019 section 40(3) Tribunals Powers and Procedures Legislation Act 2018 Section 19(6) amended 29 October 2019 section 40(4) Tribunals Powers and Procedures Legislation Act 2018 Section 19(6) amended 1 March 2017 section 261 District Court Act 2016 Section 19(7) repealed 29 October 2019 section 40(5) Tribunals Powers and Procedures Legislation Act 2018 Section 19(8) amended 1 March 2017 section 261 District Court Act 2016 20: Power of Tribunal to award interest 1: Subject to subsection (2), where the Tribunal section 19(1)(a) section 47(3)(b) interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 2: Subsection (1) does not— a: b: apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise. 3: Where the Tribunal section 19(1)(a) interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 4: The monetary restrictions provided for by section 10(1A) and (3) and section 19(4) to (6) 5: 1947 No 16 s 62B s 4 Section 20(1) amended 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 20(1) amended 1 March 2017 section 261 District Court Act 2016 Section 20(2)(a) repealed 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 20(3) amended 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 20(3) amended 1 March 2017 section 261 District Court Act 2016 Section 20(4) amended 29 October 2019 section 41 Tribunals Powers and Procedures Legislation Act 2018 Section 20(4) amended 19 December 2002 section 6 Disputes Tribunals Amendment Act 2002 Section 20(5) repealed 1 January 2018 section 29 Interest on Money Claims Act 2016 20A: Suppression orders 1: The Tribunal may order that any part of any evidence given or the name of any witness not be published. 2: An order may be made subject to any conditions that the Tribunal considers appropriate. 3: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000. Section 20A inserted 14 November 2018 section 42 Tribunals Powers and Procedures Legislation Act 2018 21: Reasons for decisions 1: A Referee must give reasons for his or her final decision in every proceeding. 2: If a final decision is given orally at the end of a hearing, that decision must be recorded in writing and the reasons for that decision must be included in the written decision. 3: The Tribunal must provide a copy of a final decision, including the written record of an oral decision, to the parties. 4: In this section, final decision Section 21 replaced 14 November 2018 section 43 Tribunals Powers and Procedures Legislation Act 2018 22: Orders and approved settlements to be recorded in writing 1: The Tribunal a: every agreed settlement approved by it under section 18(3) b: every order made by it under section 18(8) section 34(1) section 46(2) section 47(3)(b) c: every variation of a term of an agreed settlement under section 47(3)(a) 2: The Tribunal shall, at the conclusion of the hearing, provide every party to the proceedings who is present at the hearing with a copy of every record made under subsection (1) in those proceedings. 3: A Registrar Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 23: Decisions of Tribunal to be final Every agreed settlement approved by the Tribunal section 18(3) the Tribunal section 46(2) section 47(3)(b) section 50 1976 No 35 s 17 Section 23 amended 1 March 2017 section 261 District Court Act 2016 3: Proceedings of Tribunal Part 3 heading amended 1 March 2017 section 261 District Court Act 2016 Claims 24: Lodging of claims 1: Proceedings are commenced by the applicant lodging a claim in a form approved by the chief executive after consultation with the Principal Disputes Referee, together with the prescribed fee (if any), with any office of the Tribunal. 2: The Tribunal or a Registrar may, subject to subsections (3) and (4), order that the hearing be held at the place nearest, or at any place near, to where the applicant resides or carries on business. 3: Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37 4: Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37 a Registrar 1976 No 35 s 18 Section 24(1) replaced 29 October 2019 section 44 Tribunals Powers and Procedures Legislation Act 2018 Section 24(2) replaced 29 October 2019 section 44 Tribunals Powers and Procedures Legislation Act 2018 Section 24(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 24(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 24(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 25: Notice of claim and of hearing 1: When a claim is lodged in accordance with section 24 a Registrar a: fix a time and place of hearing and give notice of those details in a form approved by the chief executive after consultation with the Principal Disputes Referee b: as soon as is reasonably practicable, give notice of the claim and of the time and place of hearing in a form approved by the chief executive after consultation with the Principal Disputes Referee i: the respondent; and ii: every other person who appears to the Registrar to have a sufficient connection with the proceedings on the claim in the capacity of an applicant or a respondent. 2: Where the Tribunal direct a Registrar 3: For the purposes of this section, a person has a sufficient connection with the proceedings on a claim if that person's presence as an applicant or a respondent is necessary to enable the Tribunal to effectually and completely determine the questions in dispute in the claim or to grant the relief that it considers to be due. 4: Where a claim to which section 11(1)(b)(ii) section 24(2) 1976 No 35 s 19 Section 25(1) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 25(1)(a) amended 29 October 2019 section 45(1) Tribunals Powers and Procedures Legislation Act 2018 Section 25(1)(b) amended 29 October 2019 section 45(1) Tribunals Powers and Procedures Legislation Act 2018 Section 25(2) amended 29 October 2019 section 45(2) Tribunals Powers and Procedures Legislation Act 2018 Section 25(2) amended 1 March 2017 section 261 District Court Act 2016 26: Parties 1: Subject to subsection (2), the applicant, the respondent, and every person to whom notice of a claim has been given under section 25(1)(b)(ii) 2: The Tribunal 1976 No 35 s 20 Section 26(2) amended 1 March 2017 section 261 District Court Act 2016 27: Minors 1: Subject to this section, a minor may be a party to, and shall be bound by, proceedings in the Tribunal 2: Where a minor who has not attained the age of 18 years is a party to any proceedings in the Tribunal a: at any time appoint to represent the minor a person who is willing to do so and who is not disqualified by section 38(7) b: when approving a representative under section 38(3) 3: A person empowered by or under this section to control the conduct of the case of a minor may do all such things in the proceedings as that person could do if that person were a party to the proceedings in place of that minor. 4: Nothing in this section shall restrict the application of sections 103 to 110 a: any settlement agreed to by, or on behalf of, a minor; or b: any payment made or proposed to be made by, or on behalf of, or to, or for the benefit of, a minor— after proceedings have been commenced in the Tribunal 5: In this section proceedings in the Tribunal a: proceedings in the Tribunal the Tribunal b: a settlement agreed to in the course of proceedings referred to in paragraph (a): c: proceedings under section 45(1) section 47(1) and includes any order made in proceedings as so defined. 1976 No 35 s 24 Section 27(1) amended 1 March 2017 section 261 District Court Act 2016 Section 27(2) amended 1 March 2017 section 261 District Court Act 2016 Section 27(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 27(4) amended 1 March 2017 section 261 District Court Act 2016 Section 27(5) amended 1 March 2017 section 261 District Court Act 2016 Section 27(5)(a) amended 1 March 2017 section 261 District Court Act 2016 Special provisions relating to claims where applicant or respondent insured 28: Claims for relief where applicant insured 1: This section applies to any claim for relief made by an applicant who has been, or is entitled to be, or seeks to be, indemnified (whether in whole or in part) by an insurer (in this section and in sections 29 to 34 2: Where, in any proceedings lodged in the Tribunal the Tribunal section 24(3) or (4) section 37 a Registrar 3: Subject to sections 25(4) 29(3) the Tribunal 4: Where, pursuant to subsection (3), an insurer receives notice of any proceedings before the Tribunal 5: Where— a: any claim for relief to which this section applies is made in any proceedings before the Tribunal b: the applicant's insurer has not received notice of those proceedings pursuant to subsection (3); and c: an acknowledgement signed or authenticated section 29(1) the Tribunal or a Registrar shall, on the application of the applicant's insurer, order that that insurer be joined as a party to the proceedings. Section 28(2) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 28(2) amended 1 March 2017 section 261 District Court Act 2016 Section 28(3) amended 1 March 2017 section 261 District Court Act 2016 Section 28(4) amended 1 March 2017 section 261 District Court Act 2016 Section 28(5)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 28(5)(c) amended 14 November 2018 section 46 Tribunals Powers and Procedures Legislation Act 2018 29: Insurer may waive notice of proceedings 1: Where, in any proceedings lodged in the Tribunal the Tribunal section 24(3) or (4) section 37 section 28 section 25 2: Every acknowledgement lodged under subsection (1) must be in a form approved by the chief executive after consultation with the Principal Disputes Referee, and must be signed or authenticated by both the applicant and the applicant’s insurer. 3: Where, in any proceedings before the Tribunal a: notwithstanding anything in section 28(3) a Registrar b: that insurer shall be deemed, for the purposes of this Act, to be a party to those proceedings. Section 29(1) amended 1 March 2017 section 261 District Court Act 2016 Section 29(2) replaced 29 October 2019 section 47 Tribunals Powers and Procedures Legislation Act 2018 Section 29(3) amended 1 March 2017 section 261 District Court Act 2016 Section 29(3)(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 30: Insurer may abandon rights of subrogation 1: In any acknowledgement lodged with the Tribunal section 29(1) 2: Where, pursuant to subsection (1), an insurer abandons its rights of subrogation in respect of a specified sum,— a: the applicant shall be deemed to have abandoned so much of the applicant's claim as is equal to that specified sum; and b: the approval of an agreed settlement under section 18(3) i: the applicant, so far as the applicant might otherwise be liable to the applicant's insurer for that amount; and ii: any other person who is a party to that agreed settlement, or against whom the claim and the subsequent order are made, as the case may require. Section 30(1) amended 1 March 2017 section 261 District Court Act 2016 31: Applicant entitled to control conduct of case Where, in any proceedings before the Tribunal section 28 section 27 sections 32 to 34 section 29(3) Section 31 heading replaced 14 November 2018 section 48 Tribunals Powers and Procedures Legislation Act 2018 Section 31 amended 1 March 2017 section 261 District Court Act 2016 32: Insurer may prove amount of loss Notwithstanding anything in section 31 the Tribunal a: a claim for relief to which section 28 b: the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) section 29(3) the applicant's insurer shall, subject to this Act, be entitled— c: to prove, as part of the applicant's claim, any amount, or part of any amount, paid by the insurer to or for the benefit of the applicant as an indemnity for any loss arising out of the cause of action that is the subject of the claim: d: to apply to the Tribunal for an order that the amount specified in the claim for relief be increased to include the amount to which paragraph (c) applies, where the claim for relief does not include that amount, and the Tribunal shall make such an order. Section 32 amended 1 March 2017 section 261 District Court Act 2016 33: Applicant to have priority in respect of uninsured loss 1: Where, in any proceedings before the Tribunal a: a claim for relief to which section 28 b: the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) section 29(3) c: the Tribunal makes an order under section 19(1)(a) the Tribunal, where the evidence before it enables it to do so, shall indicate in that order what part of that amount relates to loss for which the applicant has not been indemnified by the applicant's insurer. 2: Where, in any order made under section 19(1)(a) the Tribunal a: that part of that amount shall be paid to the applicant, who shall not be required to account for it to the applicant's insurer; and b: the applicant's insurer shall not be entitled to any payment under that order unless paragraph (a) has been complied with. Section 33(1) amended 1 March 2017 section 261 District Court Act 2016 Section 33(2) amended 1 March 2017 section 261 District Court Act 2016 34: Insurer may apply for claim to be struck out 1: Where, in any proceedings before the Tribunal a: a claim for relief to which section 28 b: the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) section 29(3) c: the claim would not be within the jurisdiction of the Tribunal if the amount sought to be proved by the applicant's insurer under section 32(c) the Tribunal may,— d: on the application of the applicant's insurer, strike out the claim; or e: if the parties so agree, order that the proceedings be transferred to the District Court 2: In striking out a claim pursuant to subsection (1), or in ordering the transfer of a claim pursuant to that subsection, the Tribunal may require the applicant's insurer to give a written undertaking that— a: the insurer will, with due diligence and expedition, commence, and (except where the proceedings are settled) prosecute to trial and judgment, proceedings in an appropriate court to recover all recoverable losses of the applicant (including all losses for which the insurer is not liable to indemnify the applicant)— i: arising out of the cause of action on which the claim that is struck out or transferred is based; and ii: that were sought to be recovered in that claim; and b: the insurer will not settle any proceedings commenced in accordance with the requirements of paragraph (a) unless that settlement makes provision for the payment, to the applicant, of an amount equal to all losses of the applicant— i: that arose out of the cause of action on which the claim that is struck out or transferred is based; and ii: that were sought to be recovered in that claim; and iii: that would have been recoverable in the proceedings that are settled; and iv: for which the insurer is not liable to indemnify the applicant; and c: before retaining any amount awarded in any judgment entered in any proceedings commenced in accordance with the requirements of paragraph (a), or any payment made pursuant to any settlement of those proceedings, the insurer will pay to the applicant an amount equal to all losses of the applicant that are recovered in those proceedings, or provided for in any settlement of those proceedings, and for which the insurer is not liable to indemnify the applicant. 3: An undertaking given by an insurer pursuant to subsection (2) is binding on the insurer, and is deemed to be a contract between the insurer and the applicant. 4: Any provision in any agreement (including one made before the commencement of this Act) that is inconsistent with any provision of this section or of sections 28 to 33 Section 34(1) amended 1 March 2017 section 261 District Court Act 2016 Section 34(1)(e) amended 1 March 2017 section 261 District Court Act 2016 35: Insured respondent to notify insurer 1: This section applies to any claim lodged in the Tribunal the Tribunal section 24(3) or (4) section 37 2: Where any respondent receives notice of a claim to which this section applies, the respondent shall, as soon as practicable after receiving such notice, notify the respondent's insurer of that claim. 3: At the commencement of a hearing of a claim, the Tribunal shall ascertain whether the claim is a claim to which this section applies, and if so, whether the respondent has notified the respondent's insurer of that claim. 4: Where, pursuant to subsection (3), the Tribunal ascertains that the respondent has not notified the respondent's insurer of the claim, the Tribunal may adjourn the proceedings, and upon such adjournment a Registrar 5: Where a claim is made in the course of any proceedings before the Tribunal a Registrar 6: Where a claim to which this section applies is made in any proceedings before the Tribunal Section 35(1) amended 1 March 2017 section 261 District Court Act 2016 Section 35(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 35(5) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 35(5) amended 1 March 2017 section 261 District Court Act 2016 Section 35(6) amended 1 March 2017 section 261 District Court Act 2016 Transfer of proceedings 36: Transfer of proceedings to District Court, etc 1: Where any proceedings have been commenced in, or transferred under section 24(3) or (4) section 37 the Tribunal the District Court 2: Where any proceedings have been commenced in, or transferred under section 24(3) or (4) section 37 an office of the Tribunal section 28(4) or (5) section 29(3) section 35(6) the District Court the District Court 3: The Tribunal may order that proceedings commenced in, or transferred to, the Tribunal may be transferred to a Motor Vehicle Disputes Tribunal specified by it if the proceedings— a: are within the jurisdiction of a Motor Vehicle Disputes Tribunal constituted under section 82 b: would, in the opinion of the Tribunal, more properly be determined by a Motor Vehicle Disputes Tribunal. 4: Any order made by the Tribunal 5: The Tribunal shall not make an order under subsection (1) or subsection (2) in respect of a claim if any agreement of a kind described in section 16(2) 1976 No 35 s 22 Section 36(1) amended 1 March 2017 section 261 District Court Act 2016 Section 36(2) amended 1 March 2017 section 261 District Court Act 2016 Section 36(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 36(4) substituted 15 December 2003 section 145 Motor Vehicle Sales Act 2003 Section 36(4) amended 1 March 2017 section 261 District Court Act 2016 37: Transfer of proceedings from District Court, etc 1: Where proceedings within the jurisdiction of the Tribunal in the District Court the Tribunal the Tribunal the Tribunal 2: Where proceedings within the jurisdiction of the Tribunal the Tribunal the Tribunal the Tribunal 3: The Tribunal 1976 No 35 s 23 Section 37(1) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2) amended 1 March 2017 section 261 District Court Act 2016 Section 37(3) amended 1 March 2017 section 261 District Court Act 2016 Hearings 38: Right to appear at hearings 1: At the hearing of a claim every party shall be entitled to attend and be heard. 2: Subject to subsections (3) and (3A) 3: The following parties may be represented by a representative who is approved by the Tribunal: a: the Crown, if the representative is an officer or employee of the Crown: b: a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds directly or indirectly, at least a 50% interest in it c: a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons: d: a minor, or other person under disability: e: any other person, if the Tribunal is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately. 3A: If an insurer is a party, it may, subject to subsection (3B), be represented by any agent who— a: has been engaged by the insurer solely or principally as an underwriter or to administer insurance claims; and b: is authorised for the purpose by the insurer; and c: is approved by the Tribunal. 3B: For the purposes of subsection (3A), if the agent approved by the Tribunal is not an individual (for example a body corporate), an employee, officer, or member of the agent may carry out the duties of the agent under that subsection, but only if the individual concerned is also approved by the Tribunal. 4: Where a representative of a party is proposed for the Tribunal's 5: The Tribunal 6: No person approved by the Tribunal 7: The Tribunal a: appoint under section 27(2)(a) b: approve as a representative under subsections (2), (3), or (3A) c: approve under subsection (5)— any person who is, or has been, enrolled as a barrister and solicitor, or who, in the opinion of the Tribunal, is, or has been, regularly engaged in advocacy work before other tribunals; but this prohibition does not apply where— d: the person proposed for approval under subsection (3) or (3A) e: the party seeking to be represented is a company and the person proposed for approval under subsection (3) or (3A) 8: Where the Tribunal section 27(2)(a) subsection (2), (3), (3A), or (5) 1976 No 35 s 24; 1986 No 120 s 93 Section 38(2) amended 14 November 2018 section 49(1) Tribunals Powers and Procedures Legislation Act 2018 Section 38(3)(b) amended 14 November 2018 section 49(2) Tribunals Powers and Procedures Legislation Act 2018 Section 38(3A) inserted 14 November 2018 section 49(3) Tribunals Powers and Procedures Legislation Act 2018 Section 38(3B) inserted 14 November 2018 section 49(3) Tribunals Powers and Procedures Legislation Act 2018 Section 38(4) amended 1 March 2017 section 261 District Court Act 2016 Section 38(5) amended 1 March 2017 section 261 District Court Act 2016 Section 38(6) amended 1 March 2017 section 261 District Court Act 2016 Section 38(7) amended 1 March 2017 section 261 District Court Act 2016 Section 38(7)(b) amended 14 November 2018 section 49(4) Tribunals Powers and Procedures Legislation Act 2018 Section 38(7)(d) amended 14 November 2018 section 49(5) Tribunals Powers and Procedures Legislation Act 2018 Section 38(7)(e) amended 14 November 2018 section 49(6) Tribunals Powers and Procedures Legislation Act 2018 Section 38(8) amended 14 November 2018 section 49(7) Tribunals Powers and Procedures Legislation Act 2018 Section 38(8) amended 1 March 2017 section 261 District Court Act 2016 39: Proceedings to be held in private 1: All proceedings before the Tribunal 2: Nothing in subsection (1) shall prevent the Tribunal 3: Notwithstanding subsection (1), the Tribunal the Tribunal 1976 No 35 s 25 Section 39(1) amended 1 March 2017 section 261 District Court Act 2016 Section 39(2) amended 1 March 2017 section 261 District Court Act 2016 Section 39(3) amended 1 March 2017 section 261 District Court Act 2016 40: Evidence 1: Evidence tendered to the Tribunal 2: The Tribunal 3: All evidence and information received or ascertained under subsection (2) shall be disclosed to every party, and every party shall be given an opportunity to comment on it. 4: The Tribunal 1976 No 35 s 26 Section 40(1) amended 1 March 2017 section 261 District Court Act 2016 Section 40(2) amended 1 March 2017 section 261 District Court Act 2016 Section 40(4) amended 1 March 2017 section 261 District Court Act 2016 41: Investigator may be appointed 1: The Tribunal 2: Where, in any proceedings before the Tribunal a: a Registrar b: the hearing of those proceedings shall not begin or, as the case may require, resume until at least 10 days have elapsed after the date on which the report is made available to the parties. 3: A person appointed under subsection (1) shall be paid, out of money appropriated by Parliament for the purpose, such fees and expenses as are fixed by a Registrar 1976 No 35 s 27 Section 41(1) amended 1 March 2017 section 261 District Court Act 2016 Section 41(2) amended 1 March 2017 section 261 District Court Act 2016 Section 41(2)(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 41(3) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 42: Tribunal may act on evidence available 1: Where the case of any party is not presented to the Tribunal, after reasonable opportunity has been given to that party to do so, the issues in dispute in the proceedings may be resolved by the Tribunal, or relief in respect of an undisputed claim may be granted by it, on such evidence or information as is before it, including evidence or information obtained pursuant to section 40(2) 2: An order made by the Tribunal in the circumstances described in subsection (1) shall not be challenged on the ground that the case of the party was not presented to the Tribunal, but the party may apply for a rehearing under section 49 1976 No 35 s 28 42A: Use of electronic facilities to hear matters The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Referee conducting the hearing of the matter, considers it appropriate and the necessary facilities are available. Section 42A inserted 14 November 2018 section 50 Tribunals Powers and Procedures Legislation Act 2018 43: Costs 1: Except as provided in this section, costs shall not be awarded against a party to any proceedings before the Tribunal 2: Where, in the opinion of the Tribunal, a claim made by a party is frivolous or vexatious, it may, subject to any rules made under this Act, order that party to pay— a: to the Crown, the fees and expenses of any witness, or of an Investigator, that have been paid by the Crown: b: to a party, the costs of that party in connection with the proceedings. 3: Where, in the opinion of the Tribunal, any party has— a: lodged a claim knowing that the claim is not within the jurisdiction of the Tribunal b: unnecessarily prolonged any proceedings by engaging in conduct intended to impede the prompt resolution of the proceedings,— the Tribunal may, subject to any rules made under this Act, order that party to pay to any other party the costs, or part of the costs, of that other party in connection with the proceedings. 4: Where— a: any proceedings within the jurisdiction of the Tribunal have been commenced in the District Court; and b: those proceedings have been transferred to the Tribunal section 37(1) c: the Tribunal is satisfied that those proceedings were commenced in that court and not in the Tribunal the Tribunal the Tribunal may order the first-mentioned party to pay to the party who commenced the proceedings— d: the fee paid by the latter party in respect of the filing of those proceedings in the District Court; and e: any solicitor's costs incurred by the latter party in respect of the preparation of the documents necessary for the filing of those proceedings, which costs shall not exceed the amount prescribed in relation to that matter under rules made under the District Court Act 2016 1976 No 35 s 29 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 Section 43(3)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4)(a) replaced 1 March 2017 section 261 District Court Act 2016 Section 43(4)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4)(e) amended 1 March 2017 section 261 District Court Act 2016 44: Procedure where no provision made Subject to this Act and to any rules made under this Act and any practice notes issued under section 6C(1)(ha) the Tribunal 1976 No 35 s 30 Section 44 amended 14 November 2018 section 51 Tribunals Powers and Procedures Legislation Act 2018 Section 44 amended 1 March 2017 section 261 District Court Act 2016 Enforcement of orders 45: Enforcement of orders except work orders 1: Every order made by the Tribunal requiring a party to pay money or deliver specific property to another party is taken to be an order of the District Court and, subject to this section, may be enforced accordingly. 2: Where application is made to the District Court section 19(3) a Registrar 3: If that party does not file in the court, within the period prescribed for so doing, a notice of objection in a form approved by the chief executive after consultation with the Principal Disputes Referee 4: The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the Tribunal has been fully complied with and that that party therefore disputes the entitlement of the applicant to enforce it. 5: If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, a Registrar section 46(2) 1976 No 35 s 31(1)–(5) Section 45(1) replaced 1 March 2017 section 261 District Court Act 2016 Section 45(2) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 45(2) amended 1 March 2017 section 261 District Court Act 2016 Section 45(3) amended 29 October 2019 section 52 Tribunals Powers and Procedures Legislation Act 2018 Section 45(5) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 46: Enforcement of work orders 1: Where— a: a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and b: that other party has not complied with the alternative money order provided for by section 19(3) the party in whose favour the work order was made may, instead of applying to the District Court for the issue of a process for enforcement pursuant to section 45(1) a form approved by the chief executive after consultation with the Principal Disputes Referee 2: Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on a notice under section 45(5) section 24 a: vary the work order, or make a further work order, or any other order that is authorised by section 19 b: grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 19(3) section 45(2) c: discharge any order previously made by the Tribunal. 3: After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal. 1976 No 35 s 32 Section 46(1) amended 29 October 2019 section 53 Tribunals Powers and Procedures Legislation Act 2018 47: Enforcement of agreed settlements 1: Where a term of an agreed settlement approved by the Tribunal under section 18(3) 2: Where— a: a term of an agreed settlement approved by the Tribunal section 18(3) b: a party who would benefit by the enforcement of that term considers that the term has not been complied with by the other party,— the party who would benefit by the enforcement of the term may lodge in the Tribunal a request in a form approved by the chief executive after consultation with the Principal Disputes Referee 3: Subsequent proceedings shall be taken on a request for enforcement under subsection (2) as if such request were a claim lodged under section 24 a: if the parties so agree, vary the term of the agreed settlement that is sought to be enforced, or any other term of that settlement: b: strike out the term of the agreed settlement that is sought to be enforced and, subject to section 19(4) Section 47(1) replaced 1 March 2017 section 261 District Court Act 2016 Section 47(2) amended 29 October 2019 section 54 Tribunals Powers and Procedures Legislation Act 2018 Section 47(2)(a) amended 1 March 2017 section 261 District Court Act 2016 48: No filing fee payable Section 48 repealed 29 October 2019 section 55 Tribunals Powers and Procedures Legislation Act 2018 4: Rehearings and appeals 49: Rehearings 1: The Tribunal may order the rehearing of a claim following an application by a party, and may grant the application on any terms it thinks fit. 1A: In any case, the Tribunal may order only 1 rehearing unless the Tribunal considers that the interests of justice require more than 1 rehearing. 2: A rehearing may be ordered under subsection (1) only— a: where an order has been made under section 18(8) b: where an order has been made under section 46(2) section 47(3)(b) c: where an agreed settlement has been approved by the Tribunal section 18(3) 3: Every application for a rehearing shall be made within 20 working days section 47(3)(a) 4: Upon a rehearing being granted,— a: a Registrar b: the order or approval or variation made or given by the Tribunal upon the first hearing shall cease to have effect. 5: Notwithstanding subsection (4)(b), if the party on whose application a rehearing is ordered does not appear at the time and place for the rehearing or at any time and place to which the rehearing is adjourned, the Tribunal may, without rehearing or further rehearing the claim, direct that the original order or approval or variation, as the case may be, be restored to full force and effect. 6: This Act shall apply to a rehearing in all respects as it applies to an original hearing. 7: On receipt of an application for a rehearing, the Tribunal may stay the implementation of the order, approval, or variation until the application is decided. 1976 No 35 s 33; 1986 No 120 s 105(4), (5) Section 49(1) replaced 29 October 2019 section 56(1) Tribunals Powers and Procedures Legislation Act 2018 Section 49(1A) inserted 29 October 2019 section 56(1) Tribunals Powers and Procedures Legislation Act 2018 Section 49(2)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 49(3) amended 24 October 2019 section 45 Statutes Amendment Act 2019 Section 49(4)(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 49(7) inserted 29 October 2019 section 56(2) Tribunals Powers and Procedures Legislation Act 2018 Section 49 compare note amended 29 October 2019 section 56(3) Tribunals Powers and Procedures Legislation Act 2018 50: Appeals 1: Any party to proceedings before the Tribunal may appeal to the District Court section 18(8) section 46(2) section 47(3)(b) a: the proceedings were conducted by the Referee; or b: an inquiry was carried out by an Investigator— in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings. 2: Without limiting the generality of subsection (1), a Referee shall be deemed to have conducted the proceedings in a manner that was unfair to the appellant and prejudicially affected the result if— a: the Referee fails to have regard to any provision of any enactment that is brought to the attention of the Referee at the hearing; and b: as a result of that failure, the result of the proceedings is unfair to the appellant. 3: An appeal shall be brought by a party by the filing of a notice of appeal, in a form approved by the chief executive after consultation with the Principal Disputes Referee, in the District Court within 20 working days 4: As soon as practicable after such notice of appeal has been filed, a Registrar 5: A Registrar 6: A copy of every notice of appeal together with a notice of the time and place for hearing the appeal shall be served by a Registrar 7: The filing of a notice of appeal against an order or the approval of an agreed settlement or the variation of a term of an agreed settlement shall operate as a stay of any process for the enforcement of that order or that settlement or that variation, as the case may require, but the Tribunal may at any time, on the application of a party to the proceedings, order that any process may be resumed or commenced or, the process having been resumed or commenced, order that it be further stayed. 1976 No 35 s 34 Section 50(1) amended 1 March 2017 section 261 District Court Act 2016 Section 50(3) amended 29 October 2019 section 57 Tribunals Powers and Procedures Legislation Act 2018 Section 50(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 50(5) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 50(6) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 51: Referee or Investigator to furnish report 1: Within 28 days after the notice of appeal has been lodged in the Tribunal's records under section 50(4) a Registrar 2: A Referee shall keep a record of the proceedings of the Tribunal 3: Where, for any reason, the Referee who heard the proceedings or, where applicable, the Investigator, is unavailable to furnish the report, the report shall be compiled by a Registrar 4: A Registrar 1976 No 35 s 35 Section 51(1) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 51(2) amended 1 March 2017 section 261 District Court Act 2016 Section 51(3) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 51(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 52: Right of audience For the avoidance of doubt, it is hereby declared that section 107 section 50 Section 52 amended 1 March 2017 section 261 District Court Act 2016 53: Powers of District Court Judge on appeal 1: On the hearing of the appeal a District Court Judge may— a: quash the order or the approval or the variation, as the case may be, and order a rehearing of the claim in the Tribunal on such terms as the Judge thinks fit; or b: quash the order or the approval or the variation, as the case may be, and transfer the proceedings to the District Court ba: vary the order, the approval, or the variation, as the case may be; or c: dismiss the appeal. 2: In ordering a rehearing under subsection (1)(a), the Judge may give to the Tribunal such directions as the Judge thinks fit as to the conduct of the rehearing. 3: An appeal under this section shall be heard by a District Court Judge in chambers and, subject to this Act and to any rules made under this Act, the procedure at any such hearing shall be such as the Judge may determine. 1976 No 35 s 36 Section 53(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 53(1)(ba) inserted 14 November 2018 section 58 Tribunals Powers and Procedures Legislation Act 2018 5: Miscellaneous provisions 54: Want of form No proceedings of the Tribunal the Tribunal 1976 No 35 s 37 Section 54 amended 1 March 2017 section 261 District Court Act 2016 55: Registrar to provide assistance A Registrar shall ensure that assistance is reasonably available, either from that Registrar himself or herself, or from that Registrar's staff, to any person who seeks it in completing the forms required by this Act, or by any rules made under this Act, in relation to the lodging of a claim in the Tribunal the Tribunal the District Court 1976 No 35 s 38 Section 55 amended 1 March 2017 section 261 District Court Act 2016 56: Contempt of Tribunal 1: Every person commits an offence and is liable on a: wilfully insults the Tribunal the Tribunal the Tribunal b: wilfully insults the Tribunal c: wilfully interrupts, or otherwise misbehaves at, a sitting of the Tribunal d: wilfully and without lawful excuse disobeys any order or direction of the Tribunal section 18(3) section 46(2) section 47(3)(b) 2: A Referee may order the exclusion from a sitting of the Tribunal 1976 No 35 s 39 Section 56(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(1)(a) amended 14 November 2018 section 59 Tribunals Powers and Procedures Legislation Act 2018 Section 56(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 56(1)(b) amended 14 November 2018 section 59 Tribunals Powers and Procedures Legislation Act 2018 Section 56(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 56(1)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 56(1)(d) amended 1 March 2017 section 261 District Court Act 2016 Section 56(2) amended 1 March 2017 section 261 District Court Act 2016 56A: Online publication of information about procedures, time frames, and progress of decisions The following information must be published on an Internet site maintained by or on behalf of the chief executive: a: information about the purpose of the Tribunal and how to commence a claim: b: any requirements that must be met for a claim: c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 56A inserted 14 November 2018 section 60 Tribunals Powers and Procedures Legislation Act 2018 57: Publication of orders 1: A Registrar the Tribunal 2: Subsection (1) is subject to section 20A 1976 No 35 s 40 Section 57(1) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 57(1) amended 1 March 2017 section 261 District Court Act 2016 Section 57(2) inserted 14 November 2018 section 61 Tribunals Powers and Procedures Legislation Act 2018 58: Protection of Referees, Investigators, etc 1: A Referee, in the performance of his or her duties under this Act, shall have and enjoy the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4A to 4F 2: For the avoidance of doubt as to the privileges and immunities of Referees, parties, representatives, and witnesses in the proceedings of the Tribunal 3: The privileges and immunities referred to in subsection (2) shall extend and apply to— a: the Tribunal section 40(2) b: an Investigator acting under section 41 c: a person who gives information, or makes any statement, to the Investigator or Tribunal on any such occasion. 1976 No 35 s 41; 1979 No 144 s 3 Section 58(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(2) amended 1 March 2017 section 261 District Court Act 2016 Section 58(3)(a) amended 1 March 2017 section 261 District Court Act 2016 59: Referee to be employee for accident compensation purposes A Referee, while acting as such, is an employee employed by the Crown for the purposes of the Injury Prevention, Rehabilatation, and Compensation Act 2001 1976 No 35 s 42 Section 59 amended 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 60: Rules 1: The Governor-General may from time to time, by Order in Council, make rules— a: regulating the practice and procedure of the Tribunal b: prescribing such things (including fees) as are required by this Act to be prescribed: c: prescribing such matters as are necessary for carrying out the provisions of this Act. 2: Without limiting the generality of subsection (1), rules may be made providing for the following: a: the criteria and procedures for assessing candidates for recommendation for appointment or reappointment as Principal Disputes Referee or b: the keeping of records by the Tribunal c: the form of documents to be issued by the Tribunal d: the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons: e: the functions, powers, and duties of the Tribunal i: the service of documents and giving of notices: ii: the enlargement of dates of hearing: iii: the adjournment of proceedings: iv: the reports of Investigators: f: the withdrawal and amendment of claims: g: the summonsing of witnesses, and the payment of witnesses from public funds or otherwise: ga: the giving of evidence to the Tribunal h: the commission of offences by, and punishment of, persons who refuse to give evidence or obey a summons to witness: i: the functions, powers, and duties of Investigators: j: the costs that may be awarded under section 43 k: the transfer of proceedings— i: from the District Court or the High Court to the Tribunal: ii: from the Tribunal to the District Court or a Motor Vehicle Disputes Tribunal referred to in section 36(3) iii: from one office of the Tribunal to another: l: the removal of orders of, or agreed settlements approved by, the Tribunal into the District Court for enforcement: m: the searching of the records of the Tribunal 3: Notwithstanding section 61 a: the giving of notices to, and service of documents on, the Crown; and b: the length of the notice to be given to the Crown before proceedings to which the Crown is a party may be heard. 4: Rules under this section are secondary legislation ( see Part 3 1976 No 35 s 43 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 60(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)(a) amended 3 July 1998 section 9 Disputes Tribunals Amendment Act 1998 Section 60(2)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)(e) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)(ga) inserted 30 March 1995 Disputes Tribunals Amendment Act 1995 Section 60(2)(ga) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)(k) replaced 1 March 2017 section 261 District Court Act 2016 Section 60(2)(l) replaced 1 March 2017 section 261 District Court Act 2016 Section 60(2)(m) amended 1 March 2017 section 261 District Court Act 2016 Section 60(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 61: Crown Proceedings Act 1950 not restricted Nothing in this Act shall limit or restrict the operation of the Crown Proceedings Act 1950 1976 No 35 s 44 6: Amendments to other Acts Amendments to Contracts (Privity) Act 1982 Heading repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 62: Interpretation Section 62 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 63: Jurisdiction of Disputes Tribunals Section 63 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Contractual Mistakes Act 1977 Heading repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 64: Interpretation Section 64 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 65: Jurisdiction of Disputes Tribunals Section 65 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Contractual Remedies Act 1979 66: Interpretation Section 66 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 67: Statements during negotiations for a contract Amendment(s) incorporated in the Act(s). 68: Jurisdiction of Disputes Tribunals Section 68 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Credit Contracts Act 1981 Heading repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 69: Interpretation Section 69 repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 70: Jurisdiction of Disputes Tribunals Section 70 repealed 5 March 1999 Credit Contracts Amendment Act 1999 Amendments to Fencing Act 1978 71: Interpretation Amendment(s) incorporated in the Act(s) 72: Proceedings to be in accordance with District Courts Act 1947 Amendment(s) incorporated in the Act(s) 73: Jurisdiction of Disputes Tribunals Amendment(s) incorporated in the Act(s) 74: Rules Amendment(s) incorporated in the Act(s) Amendments to Hire Purchase Act 1971 Heading repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 75: Interpretation Section 75 repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 76: Jurisdiction of Disputes Tribunals Section 76 repealed 5 March 1999 Hire Purchase Amendment Act 1999 Amendments to Illegal Contracts Act 1970 Heading repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 77: Interpretation Section 77 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 78: Jurisdiction of Disputes Tribunals Section 78 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Minors' Contracts Act 1969 79: Interpretation Amendment(s) incorporated in the Act(s) 80: Settlement of claims by minors Amendment(s) incorporated in the Act(s) 81: Jurisdiction of Disputes Tribunals Amendment(s) incorporated in the Act(s) 7: Repeals, consequential amendments, and transitional provisions 82: Repeals and consequential amendments 1: The following enactments are hereby repealed, namely: a: the Small Claims Tribunals Act 1976: b: the Small Claims Tribunals Amendment Act 1979: c: Amendment(s) incorporated in the Act(s) d: the Contractual Mistakes Amendment Act 1985: e: the Contractual Remedies Amendment Act 1985: f: the Hire Purchase Amendment Act 1985: g: the Illegal Contracts Amendment Act 1985: h: the Minors' Contracts Amendment Act 1985: i: the Small Claims Tribunals Amendment Act 1985 2: The enactments specified in Schedule 2 3: The repeal by subsection (1) of sections 5 6 Schedule 83: References to Small Claims Tribunals, etc, deemed references to Disputes Tribunal Every reference to a Small Claims Tribunal in any enactment (other than an enactment to which sections 62 to 81 Schedule 2 the Disputes Tribunal the Disputes Tribunal Section 83 heading amended 1 March 2017 section 261 District Court Act 2016 Section 83 amended 1 March 2017 section 261 District Court Act 2016 84: Transitional provisions 1: Every Small Claims Tribunal established under section 4 of the Small Claims Tribunals Act 1976 before the commencement of this section shall, if that Tribunal was subsisting immediately before the commencement of this section, be deemed for all purposes to have been established as a Disputes Tribunal under this Act. 2: Every person who, immediately before the commencement of this section, held office as a Referee pursuant to section 7 of the Small Claims Tribunals Act 1976 shall, without further appointment, be deemed as from the commencement of this section for all purposes to have been appointed as a Referee under this Act, and that person's warrant of appointment shall be construed accordingly. 3: All proceedings commenced under the Small Claims Tribunals Act 1976, and pending or in progress at the commencement of this section, may be continued, completed, and enforced under this Act. 4: Any form that was printed, before the commencement of this section, in the form prescribed by or under, and for the purposes of, the Small Claims Tribunals Act 1976 may be used for the purposes of this Act after the commencement of this section, and it shall not be necessary, merely because of any of the provisions of this Act, to alter any printed material in any such form.

DLM139291

1988

Whanganui River Trust Board Act 1988

1: Short Title and commencement 1: This Act may be cited as the Whanganui River Trust Board Act 1988. 2: This Act shall come into force on the 28th day after the date on which it receives the Royal assent. 2: Interpretation In this Act, the Board section 4 3: Act to bind the Crown This Act shall bind the Crown. 4: Whanganui River Maori Trust Board constituted 1: There is hereby constituted a body corporate to be known as the Whanganui River Maori Trust Board, which shall be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955 2: The beneficiaries of the Board shall be the descendants of the hapu of Tama Upoko, Hinengakau, and Tupoho. 5: Membership of Board 1: As soon as practicable after the commencement of this Act, the Governor-General shall, on the recommendation of the Minister of Maori Affairs, appoint such number of persons not exceeding 9 as the Minister thinks fit to be the initial members of the Board. 2: Each initial member of the Board shall hold office until his or her successor is elected and comes into office under subsection (3). 3: The Board shall cause to be prepared a roll containing the names and addresses of all adult beneficiaries of the Board, and, as soon as practicable thereafter, the Board and the secretary of the Board shall do everything necessary, in accordance with Part 3 4: If, by regulations made under section 56 6: Board to negotiate outstanding claims In addition to the functions conferred on the Board by section 24 7: Annual hui Section 7 repealed 16 September 2011 section 8(1)(e) Maori Trust Boards Amendment Act 2011

DLM135637

1988

Potato Industry Act Repeal Act 1988

1: Short Title and commencement 1: This Act may be cited as the Potato Industry Act Repeal Act 1988. 2: Section 9 3: The rest of this Act shall come into force on the day on which it receives the Royal assent. 2: Interpretation In this Act Board Potato Industry Act 1977 3: Potato Industry Act 1977 1: The following enactments are hereby repealed: a: the Potato Industry Act 1977 b: the Potato Industry Amendment Act 1981 c: the Potato Industry Amendment Act 1987 2: Sections 4 to 9 4: Board to continue in existence 1: Subject to section 9 2: For so long as it continues in existence, the Board shall cause proper accounts and records relating to its affairs to be kept, and cause the accounts to be properly audited. 5: Board to call for claims 1: As soon as is practicable after the commencement of this section, the Board shall, in daily newspapers circulating generally in its former areas of operation,— a: give notice of its impending dissolution; and b: call for persons who have claims against the Board to make them to the Board in writing before a date specified in the advertisement (being not less than 1 month after the date of the advertisement or, where there are 2 or more advertisements, the date of the latest). 2: No person has a claim against the Board by reason only of having been required to register potato plantings, pay a levy to the Board, or both. 6: Board to dispose of property, dismiss staff, etc 1: As soon as is practicable after the commencement of this section, the Board shall— a: dispose of all its property except its common seal, books, accounts, and records; and b: take all reasonable steps to get in all debts owing to it; and c: dismiss all its staff; and d: make appropriate redundancy payments to all staff who are dismissed or who have resigned (whether before or after that commencement) because of the Board's impending dissolution. 2: So far as is possible the Board shall dispose of its property at the values shown in its audited accounts as at 31 March 1988. 7: Board to satisfy claims As soon as is practicable after the date specified under section 5(1)(b) 8: Board to pay surplus to Vegetable Growers Federation 1: If there is a surplus after paying claims, the Board shall pay it to the New Zealand Vegetable Growers Federation (Inc.). 2: The Federation shall either transfer the surplus to, or use it only for the benefit of, the Federation's Potato Division. 9: Dissolution of Board The Board is hereby dissolved. 10: Debts owing to Board on dissolution Upon the dissolution of the Board, all debts owing to it shall become debts owing to the New Zealand Vegetable Growers Federation (Inc.), which— a: may recover all or any part of them accordingly; and b: shall transfer to or use only for the benefit of its Potato Division any part of them it recovers.

DLM131619

1988

Soil Conservation and Rivers Control Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Soil Conservation and Rivers Control Amendment Act 1988, and shall be read together with and deemed part of the Soil Conservation and Rivers Control Act 1941 2: This Act shall come into force on the 1st day of April 1988. 2: Interpretation 1: This subsection amended the definition of Authority section 2(1) 2: This subsection amended the definition of Catchment Board section 2(1) 3: This subsection amended the definition of Minister section 2(1) 4: This subsection inserted section 2(1A) 5: Section 3 of the Soil Conservation and Rivers Control Amendment Act 1983 3: Objects of Act 1: This subsection substituted section 10 2: Section 5 of the Soil Conservation and Rivers Control Amendment Act 1983 4: Repealing provisions relating to Authority's functions 1: Section 11 2: The following enactments are hereby consequentially repealed: a: Sections 4 5 Soil Conservation and Rivers Control Amendment Act 1948 b: Section 4 Soil Conservation and Rivers Control Amendment Act 1959 c: The Soil Conservation and Rivers Control Amendment Act 1963 d: Section 6 of the Soil Conservation and Rivers Control Amendment Act 1983 5: Repealing provision relating to Authority having powers of Commission of Inquiry 1: The principal Act is hereby amended by repealing section 12 2: Section 8 of the Soil Conservation and Rivers Control Amendment Act 1983 6: Soil conservation reserves 1: This subsection substituted section 16(1) 2: Section 16(4) Authority and the Authority Board within whose district it is situated, and the Board 3: Notwithstanding the provisions of section 16(4) subsection (2) such body as is from time to time designated by the Minister for the purposes of this subsection Section 6(3) amended 1 July 1992 46(1) Crown Research Institutes Act 1992 by substituting the words such body as is from time to time designated by the Minister for the purposes of this subsection the Department of Scientific and Industrial Research 7: Offences in relation to soil conservation reserves 1: This subsection substituted section 17(1)(b) 2: So much of Schedule 1 to the Mining Act 1971 section 17(1)(b) 8: 9: 10: Disposal of land not required 1: This subsection substituted the word Board Authority sections 20(2) 20(3) 20(4) 20(6) 2: Nothing in section 20 11: 12: Repealing provisions relating to powers of Authority 1: Sections 22 23 2: Section 6 Soil Conservation and Rivers Control Amendment Act 1948 13: 14: 15: 16: 17: Repealing certain provisions relating to National Water and Soil Conservation Authority 1: Sections 32 33 2: Section 2 of the Soil Conservation and Rivers Control Amendment Act 1970 18: Minister or Tribunal to hear matters 1: 2: The following enactments are hereby consequentially repealed: a: Section 2 of the Soil Conservation and Rivers Control Amendment Act 1958 b: Section 12 of the Soil Conservation and Rivers Control Amendment Act 1983 19: 20: 21: 22: 23: 24: Repealing provision relating to alteration or abolition of catchment districts Section 37 25: 26: 27: 28: 29: 30: Repealing provision relating to approval of schemes of works 1: Section 128 2: The following enactments are hereby consequentially repealed: a: Section 10 Soil Conservation and Rivers Control Amendment Act 1948 b: Section 4 of the Soil Conservation and Rivers Control Amendment Act 1954 31: 32: 33: 34: 35: Compensation for acts of Catchment Commissions, local authorities, and Catchment Boards 1: Section 145A section 11 of the Soil Conservation and Rivers Control Amendment Act 1962 2: Section 11 of the Soil Conservation and Rivers Control Amendment Act 1962 36: 37: Power to make bylaws as to land utilisation Section 150(3) 38: 39: 40: 41: Waikato Valley Authority and Catchment Commissions to be Catchment Boards 1: The Waikato Valley as defined by— a: The notice called Boundaries of the Waikato Valley Described Gazette b: The notice called Extending the Boundaries of the Waikato Valley Gazette c: The Order in Council called The Waikato Valley Authority Order 1973 Gazette d: The Order in Council called The Waikato Valley-Hauraki Catchment District and Water Region Boundaries Alteration Order 1985 Gazette is hereby declared to be constituted as a catchment district within the meaning of the principal Act. 2: Each catchment area is hereby declared to be constituted as a catchment district within the meaning of the principal Act. 3: Subject to subsection (5) 4: Subject to subsection (5) name of Catchment Commission name of Catchment Commission 5: The Waikato Valley Authority and each Catchment Commission shall retain its existing constitution until such time as the Governor-General first makes an Order in Council under section 41 42: Repeal of Waikato Valley Authority Act 1956 1: The Waikato Valley Authority Act 1956 2: The following enactments are hereby consequentially repealed: a: So much of Part 2 Public Bodies Contracts Act 1959 b: The Waikato Valley Authority Amendment Act 1961 c: Section 9(3) of the Local Authorities (Employment Protection) Act 1963 d: So much of Part 2 Local Authorities (Members' Interests) Act 1968 e: The Waikato Valley Authority Amendment Act 1968 f: The Waikato Valley Authority Amendment Act 1977 g: So much of Part 3 Local Government Amendment Act 1979 Waikato Valley Authority Act 1956 h: Clause 7(c) Local Government Act 1977 section 17 Local Government Amendment Act 1985 i: So much of Part C of Schedule 1 to the State-Owned Enterprises Amendment Act 1987 Waikato Valley Authority Act 1956 j: So much of Part 2 Local Government Official Information and Meetings Act 1987 43: Amendments consequential on reconstitution of Catchment Commissions 1: 2: 3: 4: 5: The following enactments are hereby consequentially repealed: a: Section 4(1) (3) Soil Conservation and Rivers Control Amendment Act 1946 b: Section 3 of the Soil Conservation and Rivers Control Amendment Act 1952 c: Sections 5 to 8 Soil Conservation and Rivers Control Amendment Act 1959 d: Section 2(1) of the Soil Conservation and Rivers Control Amendment Act 1961 e: Sections 2, 3, 10, and 12 to 14 of the Soil Conservation and Rivers Control Amendment Act 1962 f: So much of Part 1 of Schedule 1 to the Local Authorities (Employment Protection) Act 1963 g: So much of Part 1 Local Authorities (Members' Interests) Act 1968 h: Section 2 of the Soil Conservation and Rivers Control Amendment Act 1969 i: Section 7 of the Soil Conservation and Rivers Control Amendment Act 1972 j: So much of Part 3 Local Government Amendment Act 1979 sections 23A 23AA 24 24A k: Section 9 of the Soil Conservation and Rivers Control Amendment Act 1983 l: Section 15(4) Local Government Amendment Act (No 3) 1986 m: So much of Part 1 Local Government Official Information and Meetings Act 1987 44: Amending Soil Conservation and Rivers Control Amendment Act 1946 1: Section 5 Soil Conservation and Rivers Control Amendment Act 1946 2: Section 8 Soil Conservation and Rivers Control Amendment Act 1946 a: By omitting the word Authority Minister b: By omitting from subsection (2) it the Minister c: By omitting from subsection (3) it thinks fit the Board or the Minister thinks fit 45: Owner or occupier may apply to Board to exercise its powers 1: Section 11 Soil Conservation and Rivers Control Amendment Act 1948 subsection (5) 5: If any such objection is lodged and agreement cannot be reached between the Board and the objector, the Board, after consultation with the objector, shall appoint an independent assessor and refer the matter to that assessor whose decision, subject to section 33B of the principal Act 5A: After giving the Board and the objector an opportunity to be heard, the assessor shall consider the matter fairly and without bias and make a decision. 5B: The assessor shall supply the Board and the objector with a written copy of the decision and the reasons for it. 5C: Where no such objection is lodged within the said period of 1 month, or where (in respect of every objection lodged) either the assessor or the person objecting consents to the execution of the work, the Board may forthwith proceed with the work. 2: Section 11(6) Soil Conservation and Rivers Control Amendment Act 1948 Authority assessor 3: Notwithstanding the provisions of section 11 Soil Conservation and Rivers Control Amendment Act 1948 section 11 a: Lodged with a Board; and b: Referred by the Board to the National Water and Soil Conservation Authority; and c: Referred by that Authority to a Tribunal appointed pursuant to section 33A d: Not finally dealt with by the Tribunal— that Tribunal shall continue in existence and have jurisdiction to hear and decide on the objection as if subsections (1) (2) section 29 of the Water and Soil Conservation Act 1967 4: For the purposes of sections 33B to 33J subsection (3) 46: Purchase and hire of plant by Board Section 12 Soil Conservation and Rivers Control Amendment Act 1948 a: By omitting from subsection (1) The Authority or any Any b: By omitting from subsection (2) The Authority may sell, and the Authority or any Any 47: Section 47 repealed 29 June 1988 Rating Powers Act 1988 48: Safeguards publicly notified 1: Section 34 Soil Conservation and Rivers Control Amendment Act 1959 subsection (1) or catchment territory 2: The said section 34 subsection (2) 2: No person shall, without the consent of the Catchment Board, do on or in respect of any such land any act or matter or thing which the Board or a Catchment Commission or the National Water and Soil Conservation Authority has, by notice publicly notified within the immediately preceding 2 years, declared to be likely to facilitate soil erosion or floods or cause deposits in watercourses, lakes, or the sea. Any such notice may at any time be varied or revoked by the Board. 3: The said section 34 subsection (2A) section 3(1) of the Soil Conservation and Rivers Control Amendment Act 1980 or the Catchment Commission or Commission 4: The said section 34 subsections (2B) (2C) (2D) 2B: If any such objection is received and agreement cannot be reached between the Board and the objector, the Board, after consultation with the objector, shall appoint an independent assessor and refer the matter to that assessor. 2C: After giving the Board and the objector an opportunity to be heard, the assessor shall consider the matter fairly and without bias, make a decision on it, and supply the Board and the objector with a written copy of the decision and the reasons for it. 2D: Subject to section 33B of the principal Act subsection (2C) of this section 5: The said section 34 subsection (4) 4: A notice affecting any mining or coal-mining operation or opencast coal-quarrying operation shall not be publicly notified without the written approval of the Minister of Energy. 49: Individual notices of safeguards 1: Section 35 Soil Conservation and Rivers Control Amendment Act 1959 subsection (1) 1: In order to check erosion, whether by landslip or water or wind or otherwise, or to promote soil conservation, or to check deposits in watercourses, lakes, or the sea, or to promote the control of floods, the Catchment Board may from time to time by resolution, in respect of any land within its catchment district, whether or not any notice has been publicly notified under section 34(2) of this Act Provided that no resolution affecting any mining or coalmining operation or opencast coal-quarrying operation shall have effect without the concurrence of the Minister of Energy. 2: Section 35(2) Soil Conservation and Rivers Control Amendment Act 1959 Authority Catchment Board 3: Section 35(3) Soil Conservation and Rivers Control Amendment Act 1959 a: By omitting the words , or the Catchment Commission (if any) of the catchment area, b: By repealing the proviso. 4: Section 35(4) Soil Conservation and Rivers Control Amendment Act 1959 the Authority or or Catchment Commission 5: Section 3(3)(a) of the Soil Conservation and Rivers Control Amendment Act 1980 50: Review of notices 1: Section 36 Soil Conservation and Rivers Control Amendment Act 1959 subsection (1) Authority Board which gave the notice 2: The said section 36 subsections (3) (4) (5) 3: If any such objection is received and agreement cannot be reached between the Board and the objector, the Board, after consultation with the objector, shall appoint an independent assessor and refer the matter to that assessor. 4: After giving the Board and the objector an opportunity to be heard, the assessor shall consider the matter fairly and without bias, and may suspend or cancel the notice or confirm it either absolutely or subject to such conditions and modifications as the assessor thinks just. 5: The assessor shall supply the Board and the objector with a written copy of the decision and the reasons for it. 6: Subject to section 33B of the principal Act subsection (4) of this section 51: Compensation 1: Section 37 Soil Conservation and Rivers Control Amendment Act 1959 subsection (2) District Commissioner of Works chief executive of the Ministry for the Environment 2: The said section 37 or Catchment Commission 52: References to Soil Conservation and Rivers Control Council and National Water and Soil Conservation Authority to be read as references to Minister 1: Subject to the provisions of this Act and any other Act, after the commencement of this section, every reference to the Soil Conservation and Rivers Control Council or to the National Water and Soil Conservation Authority in any enactment or regulations or in any document whatever, unless the context otherwise requires, shall be read as a reference to the Minister for the Environment. 2: Sections 2, 4, and 7 of the Soil Conservation and Rivers Control Amendment Act 1983

DLM139269

1988

Maniapoto Maori Trust Board Act 1988

1: Short Title and commencement 1: This Act may be cited as the Maniapoto Maori Trust Board Act 1988. 2: This Act shall come into force on the 28th day after the date on which it receives the Royal assent. 2: Interpretation In this Act, unless the context otherwise requires,— Board section 4 regional management committee section 8 Te Arikinui Te Kaumātua Kaunihera section 7 Section 2 Te Kaumātua Kaunihera o Maniapoto added 23 May 2008 section 4 Maniapoto Maori Trust Board Amendment Act 2008 Section 2 Te Mauri o Maniapoto repealed 23 May 2008 section 4 Maniapoto Maori Trust Board Amendment Act 2008 3: Act to bind the Crown This Act shall bind the Crown. 4: Maniapoto Maori Trust Board constituted 1: There is hereby constituted a body corporate to be known as the Maniapoto Maori Trust Board, which shall be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955 2: The beneficiaries of the Board shall be the members of the Maniapoto tribe and their descendants. 5: Initial membership of Board Section 5 repealed 23 May 2008 section 5 Maniapoto Maori Trust Board Amendment Act 2008 6: Membership of Board The Board consists of 15 persons, appointed or elected as follows: a: 6 members elected by the beneficiaries of the Board in accordance with the Maori Trust Boards Regulations 1985 b: 7 members elected by the regional management committees in accordance with the Maori Trust Boards Regulations 1985 c: 1 member appointed by the Governor-General on the recommendation of the Minister of Māori Affairs, nominated by, and representing, Te Arikinui; and d: 1 member appointed by the Governor-General on the recommendation of the Minister of Māori Affairs, nominated by, and representing, Te Kaumātua Kaunihera o Maniapoto. Section 6 substituted 23 May 2008 section 6 Maniapoto Maori Trust Board Amendment Act 2008 7: Te Kaumātua Kaunihera 1: The Board shall from time to time, by resolution, appoint a council of elders to be known as Te Kaumātua Kaunihera 2: The principal function of Te Kaumātua Kaunihera 3: Te Kaumātua Kaunihera Section 7 heading amended 23 May 2008 section 7(1) Maniapoto Maori Trust Board Amendment Act 2008 Section 7(1) amended 23 May 2008 section 7(2) Maniapoto Maori Trust Board Amendment Act 2008 Section 7(2) amended 23 May 2008 section 7(2) Maniapoto Maori Trust Board Amendment Act 2008 Section 7(3) amended 23 May 2008 section 7(2) Maniapoto Maori Trust Board Amendment Act 2008 8: Regional management committees 1: For the purposes of this Act, there shall be such number of regional management committees as is specified in regulations made under section 56 2: Each regional management committee shall comprise persons elected in accordance with those regulations to represent the various marae specified in the regulations. 3: The Board shall have the same power to delegate any of its powers and duties to a regional management committee as it has under section 20 4: Sections 21 to 23 9: Annual hui Section 9 repealed 16 September 2011 section 8(1)(b) Maori Trust Boards Amendment Act 2011

DLM138762

1988

Testing Laboratory Registration Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Testing Laboratory Registration Amendment Act 1988, and shall be read together with and deemed part of the Testing Laboratory Registration Act 1972 2: Sections 3 4 3: Except as provided in subsection (2) 2: 3: 1: 2: The Testing Laboratory Registration Amendment Act 1981 4: 1: 2: 3: Section 26 Standards Act 1988 5: 6: 1: 2: The Testing Laboratory Registration Amendment Act 1983 7: 8: 9: 10: Dissolution of New Zealand Industrial Design Council 1: On the commencement of this section— a: The New Zealand Industrial Design Council shall be dissolved and the term of office of every member of the New Zealand Industrial Design Council shall cease; and b: All real and personal property held by the New Zealand Industrial Design Council shall become vested in the Council subject to all liabilities, charges, obligations, or trusts affecting that property; and c: All money payable to the New Zealand Industrial Design Council shall become payable to the Council; and d: All rights, constraints, obligations, and liabilities of the New Zealand Industrial Design Council shall become the rights, constraints, obligations, and liabilities of the Council; and e: All proceedings pending by or against the New Zealand Industrial Design Council may be carried on, completed, or enforced by or against the Council. 2: For the purposes of this section of this Act, the expression New Zealand Industrial Design Council Industrial Design Act 1966 11: 12: 13: 14: 15: 16: 17: 18: Revocation The Industrial Design Act Commencement Order 1967

DLM139222

1988

Post Office Bank Amendment Act 1988

1: Short Title and commencement 1: This Act may be cited as the Post Office Bank Amendment Act 1988, and shall be read together with and deemed part of the Post Office Bank Act 1987 2: Subject to subsection (3) sections 2 to 6 3: In the case of any provision of sections 3 to 6 2: Amendment to State-Owned Enterprises Act 1986 1: This subsection amended Schedules 1 2 State-Owned Enterprises Act 1986 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 State-Owned Enterprises Act 1986 subsection (1) a: Post Office Bank 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 Post Office Bank Limited. 4: Each Minister of the Crown who holds shares in Post Office Bank 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. This section came into force as from 28 February 1989 3: Sections 3 to 6 came into force as from 17 March 1989 4: Sections 3 to 6 came into force as from 17 March 1989 5: Section 5 repealed 1 April 1995 Income Tax Act 1994 Sections 3 to 6 came into force as from 17 March 1989 6: Sections 3 to 6 came into force as from 17 March 1989

DLM136124

1988

Finance Act (No 2) 1988

1: Short Title and commencement 1: This Act may be cited as the Finance Act (No 2) 1988. 2: Except as provided in section 6 1: Substantive provisions Land tax Heading repealed 31 March 1992 section 4(3) Land Tax Abolition Act 1990 2: Rates of land tax for year commencing on 1 April 1988 Section 2 repealed 31 March 1992 section 4(3) Land Tax Abolition Act 1990 National Roads Fund 3: Transfer from National Roads Fund to Consolidated Account There shall be paid out of the National Roads Fund established under the National Roads Act 1953 Confirmation of Social Security (Rates of Benefits) Orders Heading repealed 23 March 1989 section 39(2) Finance Act 1989 4: Orders validated and confirmed Section 4 repealed 23 March 1989 section 39(2) Finance Act 1989 Confirmation of War Pensions (Rates of Pensions and Allowances) Orders Heading repealed 31 July 1989 section 10(2) Finance Act (No 2) 1989 5: Orders validated and confirmed Section 5 repealed 31 July 1989 section 10(2) Finance Act (No 2) 1989 2: Other substantive provisions 6: Commencement 1: Subject to subsections (2) to (5), 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 under this section bringing different provisions of this Part into force on different dates. 2: In the case of any provision of sections 8 to 11 Solid Energy New Zealand Limited 3: In the case of any provision of sections 15 to 18 4: In the case of any provision of sections 21 to 24 Crown Forestry Management Limited 5: In the case of sections 25 26 Section 6(1) brought into force 1 December 1988 clause 2(1) Finance Act Commencement Order 1988 Section 6(1) brought into force 1 January 1989 clause 2(2) Finance Act Commencement Order 1988 Section 6(1) brought into force 12 May 1989 Finance Act Commencement Order 1989 Section 6(1) brought into force 12 September 1990 Finance Act Commencement Order (No 2) 1990 Section 6(1) brought into force 15 May 1998 Finance Act (No 2) 1988 Commencement Order 1998 Section 6(1) brought into force 28 May 2001 Finance Act (No 2) 1988 Commencement Order 2001 Section 6(1) brought into force 1 January 2003 Finance Act Commencement Order 2002 Section 6(1) brought into force 1 December 2015 Finance Act (No 2) 1988 Commencement Order 2015 Section 6(2) amended 24 October 1997 clause 3 State-Owned Enterprises (Solid Energy New Zealand Limited) Order 1997 Section 6(4) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Solid Energy New Zealand Limited Heading repealed 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 7: Amendment to State-Owned Enterprises Act 1986 Section 7 repealed 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 8: Amendment to Official Information Act 1982 Section 8 repealed 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 9: Amendment to Ombudsmen Act 1975 Section 9 repealed 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 10: Amendment to Income Tax Act 1976 Section 10 repealed 1 April 1995 section YB 3(1) Income Tax Act 1994 11: Amendment to State Sector Act 1988 Section 11 repealed 19 December 1989 section 29(2) State Sector Amendment Act (No 2) 1989 12: Amendment to Coal Mines Act 1979 Section 12 repealed 1 April 1993 section 62(1) Health and Safety in Employment Act 1992 Government Property Services Limited 13: Amendment to State-Owned Enterprises Act 1986 1: Amendment(s) incorporated in the Act(s) 2: Notwithstanding the coming into force of subsection (1), sections 22 30 Schedule 2 3: Notwithstanding the coming into force of subsection (1) and whether or not all or any of the shares in Government Property Services Limited are held by Ministers of the Crown on behalf of the Crown, sections 23 to 29 a: Government Property Services 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 Government Property Services Limited. 4: Each Minister of the Crown who holds shares in Government Property Services 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. 14: Amendment to Real Estate Agents Act 1976 1: Section 3(2) 2: The State-Owned Enterprises Amendment Act 1987 is hereby consequentially amended by repealing so much of Part A of Schedule 1 Real Estate Agents Act 1976 OIC Section 3(2) 15: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 16: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 17: Amendment to Income Tax Act 1976 Section 17 repealed 1 April 1995 Income Tax Act 1994 18: Amendment to State Sector Act 1988 Section 18 repealed 19 December 1989 section 29(2) State Sector Amendment Act (No 2) 1989 Government Supply Brokerage Corporation (NZ) Limited 19: Amendment to State-Owned Enterprises Act 1986 1: 2: 3: 4: (5), (6): Amendment(s) incorporated in the Act(s) Section 19(1) repealed 17 March 1992 section 10(6) Finance Act 1991 Section 19(2) repealed 17 March 1992 section 11(2) Finance Act 1991 Section 19(3) repealed 17 March 1992 section 13(2) Finance Act 1991 Section 19(4) repealed 17 March 1992 section 12(2) Finance Act 1991 Crown Forestry Management Limited Heading substituted 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 20: Amendment to State-Owned Enterprises Act 1986 1: Amendment(s) incorporated in the Act(s) 2: Notwithstanding the coming into force of subsection (1), sections 22 30 Crown Forestry Management Limited Crown Forestry Management Limited Schedule 2 3: Notwithstanding the coming into force of subsection (1) and whether or not all or any of the shares in Crown Forestry Management Limited sections 23 to 29 a: Crown Forestry Management Limited Schedule 2 b: the Minister of Finance and the Minister for State-Owned Enterprises were the shareholding Ministers for Crown Forestry Management Limited 4: Each Minister of the Crown who holds shares in Crown Forestry Management Limited Section 20(2) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 20(3) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 20(3)(a) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 20(3)(b) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 20(4) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 21: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 22: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 23: Amendment to Income Tax Act 2007 The Income Tax Act 2007 is amended by omitting from schedule 36 Crown Forestry Management Limited OIC LI 2015/242 2015-12-01 schedule 36 Section 23 substituted 1 April 2008 section ZA 2(1) Income Tax Act 2007 24: Amendment to State Sector Act 1988 Section 24 repealed 19 December 1989 section 29(2) State Sector Amendment Act (No 2) 1989 Air New Zealand Limited 25: Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s) 26: Repeal Amendment(s) incorporated in the Act(s) Airport Authorities 27: Amendment to Airport Authorities Act 1966 Amendment(s) incorporated in the Act(s) Auckland Airport 28: Amendments to Auckland Airport Act 1987 Amendment(s) incorporated in the Act(s) Land Corporation Limited 29: Amendment to State-Owned Enterprises Act 1986 Part 3 a: by inserting in clause 17 transferred to the Land Corporation Limited or to Permatron Investments Limited b: by omitting from clause 17 included a reference to the Land Corporation Limited were a reference to Land Corporation Limited or, where any such land is transferred to Permatron Investments Limited, were a reference to that company OIC State-Owned Enterprises Act 1986

DLM133221

1988

Finance Act 1988

1: Short Title and commencement 1: This Act may be cited as the Finance Act 1988. 2: Subject to section 6(5) 2: Act binds the Crown This Act binds the Crown. 1: Substantive provisions 3: Authorising Crown shareholding in Fletcher Challenge Limited 1: Subject to subsection (2), the Minister of Finance— a: may from time to time, on behalf of Her Majesty the Queen, subscribe for or otherwise acquire shares in Fletcher Challenge Limited: b: out of money appropriated by Parliament for the purpose, pay for any such shares so acquired: c: on behalf of Her Majesty, exercise all or any of Her Majesty's rights as the holder of any such shares. 2: The Minister shall not acquire shares under subsection (1) except— a: pursuant to the contract described in subsection (4); or b: by the exercise of a right to do so arising out of Her Majesty's already holding or having a right to hold shares acquired under this section. 3: For the avoidance of doubt,— a: to the extent that the contract described in subsection (4) requires or empowers Her Majesty to acquire shares in Fletcher Challenge Limited, the actions of the Ministers of Finance and Energy in entering into it are hereby declared to have been lawful; and b: to the extent that the contract requires or empowers Her Majesty to acquire shares in Fletcher Challenge Limited, it is hereby declared to have been and to continue to be lawful. 4: The contract referred to in subsections (2) and (3) is the contract dated 3 March 1988, between Her Majesty the Queen, Rossport Investments Limited, and Fletcher Challenge Limited. 5: Amendment(s) incorporated in the Act(s) 4: Authorising Crown shareholding in company performing functions of Government Stores Board Section 4 repealed 1 December 1988 section 19(6) Finance Act (No 2) 1988 5: Amendment to Dairy Board Amendment Act 1988 Section 5 repealed 16 October 2001 section 165(4) Dairy Industry Restructuring Act 2001 6: Pension to widow of late Norman Eric Kirk Section 6 repealed 16 December 2013 section 66 Members of Parliament (Remuneration and Services) Act 2013 7: Payment of fringe benefit tax on payments made by Crown into certain superannuation funds There may be paid out of public money FBT (within the meaning of the Income Tax Act 2007 Government Superannuation Fund Act 1956 National Provident Fund Act 1950 Section 7 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 7 amended 26 July 1989 section 86(1) Public Finance Act 1989 2: Merger of banking businesses of Trust Bank Wanganui and Trust Bank Eastern and Central 8: Interpretation of terms used in this Part 1: In this Part, unless the context otherwise requires,— appointed day section 9 excluded assets instrument a: any instrument (other than an enactment) 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 a court instrument by way of security section 2 of the Chattels Transfer Act 1924 land section 2 liabilities property a: choses in actions 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 reserves section 41 of the Trustee Banks Act 1983 rights security undertaking a: excluded assets: b: rights and liabilities relating to excluded assets: c: reserves. 2: For the purposes of this Part, the value of the reserves of Trust Bank Wanganui shall be the value of the reserves as determined by resolutions of the boards of trustees of Trust Bank Wanganui and Trust Bank Eastern and Central not being a value less than the value of the Reserve Fund as shown in the audited financial statements of Trust Bank Wanganui as at 31 March 1988. 3: In this Part a reference to Trust Bank Eastern and Central includes a reference to that bank under any other name. 9: Transfer of undertaking of Trust Bank Wanganui to Trust Bank Eastern and Central On a date to be appointed by the Governor-General by Order in Council the undertaking of Trust Bank Wanganui shall, by virtue of this Part, vest in Trust Bank Eastern and Central. 10: Consequential provisions on transfer of undertaking Without limiting the generality of section 9 a: a reference (express or implied) to Trust Bank Wanganui in any instrument made, given, passed or executed before the appointed day shall be read and construed as a reference to Trust Bank Eastern and Central: b: the relationship between Trust Bank Wanganui and a customer or depositor shall become the same relationship between Trust Bank Eastern and Central and that customer or depositor and the same rights and liabilities, including rights of set-off, shall exist between Trust Bank Eastern and Central and a customer or depositor as existed immediately before the appointed day between Trust Bank Wanganui and that customer or depositor: c: 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 Trust Bank Wanganui (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 Trust Bank Wanganui be binding on and enforceable by, against or in favour of Trust Bank Eastern and Central as fully and effectually in every respect as if, instead of Trust Bank Wanganui Trust Bank Eastern and Central 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: d: an instruction, order, direction, mandate, or authority given to Trust Bank Wanganui and subsisting immediately before the appointed day shall be deemed to have been given to Trust Bank Eastern and Central: e: a security held by Trust Bank Wanganui as security for a debt or other liability to Trust Bank Wanganui incurred before the appointed day shall be available to Trust Bank Eastern and Central 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 Trust Bank Eastern and Central incurred on or after the appointed day; and, in relation to a security, Trust Bank Eastern and Central shall be entitled to all the rights and priorities (howsoever arising) and shall be subject to all liabilities to which Trust Bank Wanganui would have been entitled or subject if this Act had not been passed: f: all the rights and liabilities of Trust Bank Wanganui as bailor or bailee of documents or chattels shall be vested in and assumed by Trust Bank Eastern and Central: g: a negotiable instrument or order for payment of money which before the appointed day is drawn on or given to or accepted or indorsed by Trust Bank Wanganui or payable at a place of business of Trust Bank Wanganui shall, unless the context otherwise requires, have the same effect on and after the appointed day as if it had been drawn on or given to or accepted or indorsed by Trust Bank Eastern and Central instead of Trust Bank Wanganui or was payable at the place of business of Trust Bank Eastern and Central: h: a reference (express or implied) to the holder for the time being of a particular office (other than the office of trustee, secretary, or auditor) within Trust Bank Wanganui in any instrument made, given, passed, or executed before the appointed day shall be read and construed as a reference to the person for the time being holding office as the chief executive of Trust Bank Eastern and Central or such other officer of Trust Bank Eastern and Central as is designated from time to time by the chief executive or by any other person acting under delegation from the chief executive: i: nothing effected or authorised by this Part— i: shall affect the existence or status of Trust Bank Wanganui or, except as provided in this Act, any of its powers; or ii: shall be regarded as placing Trust Bank Wanganui or Trust Bank Eastern and Central or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or iii: 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 iv: shall be regarded as placing Trust Bank Wanganui or Trust Bank Eastern and Central 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 v: shall release any surety wholly or in part from all or any obligation; or vi: shall invalidate or discharge any contract or security; or vii: shall affect the area of operations of Trust Bank Wanganui; or viii: shall affect the right of the trustees of Trust Bank Wanganui to receive any remuneration they would have been entitled to receive if this Act had not been passed: j: 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 Trust Bank Wanganui or to which Trust Bank Wanganui 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 Trust Bank Eastern and Central. 11: Employees Notwithstanding any other provisions of this Part— a: on the appointed day each employee of Trust Bank Wanganui shall become an employee of Trust Bank Eastern and Central 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 the period of service with Trust Bank Wanganui shall be deemed to have been a period of service with Trust Bank Eastern and Central: 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 Trust Bank Wanganui 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 Part to be an employee of Trust Bank Wanganui. 12: Superannuation rights On and after the appointed day— a: property held on trust or vested in any person under any provident, benefit, superannuation, or retirement fund or scheme for the employees of Trust Bank Wanganui or their dependants or other persons immediately before the appointed day, shall be deemed to be held on trust or vested in that person for those employees in their capacity as employees of Trust Bank Eastern and Central or their dependants or other persons on the same terms and conditions; and b: every reference in any instrument constituting that fund or scheme to Trust Bank Wanganui or an employee of Trust Bank Wanganui or a dependant of that employee or any other person shall be read and construed as a reference to Trust Bank Eastern and Central or to that employee as an employee of Trust Bank Eastern and Central, or a dependant of that employee or any other person, as the case may be; and c: a superannuation scheme to which this section applies that was, immediately before the appointed day, an approved superannuation scheme within the meaning of the Superannuation Schemes Act 1976 13: Books and documents to remain evidence 1: Any document, matter, or thing, which, if this Part had not been passed, would have been admissible in evidence in respect of any matter for or against Trust Bank Wanganui shall, on and after the appointed day, be admissible in evidence in respect of the same matter for or against Trust Bank Eastern and Central. 2: In this section, document section 2(1) 14: Registers 1: The Registrar of Deeds, District Land Registrar, or any other person charged with the keeping of any books or registers is not 2: The presentation to any registrar or other person of any instrument, whether or not comprising an instrument of transfer, by Trust Bank Eastern and Central— a: executed or purporting to be executed by Trust Bank Eastern and Central; and b: relating to any property held immediately before the appointed day by Trust Bank Wanganui; and c: containing a recital that that property has become vested in Trust Bank Eastern and Central by virtue of the provisions of this Part— shall, in the absence of evidence of the contrary, be sufficient proof that the property is vested in Trust Bank Eastern and Central. Section 14(1) amended 12 November 2018 section 250 Land Transfer Act 2017 15: This Part not limited by Trustee Banks Act 1983 1: Nothing in the Trustee Banks Act 1983 a: preventing the vesting of the undertaking of Trust Bank Wanganui in Trust Bank Eastern and Central under this Part; or b: limiting or affecting this Part. 2: Notwithstanding anything contained in the Trustee Banks Act 1983 section 28 of that Act 16: Application of Trustee Banks Restructuring Act 1988 1: The excluded assets, or any assets into which they may become converted, and the reserves of Trust Bank Wanganui shall, with effect from the appointed day, be deemed to constitute the undertaking of Trust Bank Wanganui within the meaning and for the purposes of the Trustee Banks Restructuring Act 1988 2: For the purposes of the Trustee Banks Restructuring Act 1988 3: Validation, amendments, and repeals 17: Hornby Licensing Trust: validating borrowing 1: Notwithstanding that the Hornby Licensing Trust may not have obtained the consent of the Minister of Finance (as required by section 37(2) of the Licensing Trusts Act 1949 a: the actions of the Trust in raising the loans are hereby declared to have been as valid and effectual; and b: the loans are hereby declared to be and continue to be as valid,— as if consent had been obtained. 2: The loans concerned are— a: a loan of $2,000,000 raised from the Development Finance Corporation on 27 January 1987; and b: a loan of $3,000,000 raised from Westpac Securities Limited on 31 March 1988. 18: Dissolving National Research Advisory Council 1: The National Research Advisory Council is hereby dissolved. 2: The following enactments are hereby repealed: a: the National Research Advisory Council Act 1963 b: the National Research Advisory Council Amendment Act 1976 c: the National Research Advisory Council Amendment Act 1986 d: e: 3: Amendment(s) incorporated in the Act(s) 4: Section 18(2)(d) repealed 10 April 1998 section 48(1) Crown Research Institutes Act 1992 Section 18(2)(e) repealed 1 April 2005 section YA 2 Income Tax Act 2004 Section 18(4) repealed 2 August 1990 section 14(2)(b) Foundation for Research, Science, and Technology Act 1990 19: Statutory amendments consequential on disposal of Petroleum Corporation of New Zealand Limited 1: 2: Amendment(s) incorporated in the Act(s) 3: Notwithstanding subsection (2), the Petroleum Corporation of New Zealand Limited shall, as soon as is practicable after the commencement of this section, send to the Minister of Energy a report on its operations for the year ending with 31 March 1988 together with a copy of its financial statements for the year; and the Minister shall lay copies of the report and statements before the House of Representatives. Section 19(1) repealed 1 April 2005 section YA 2 Income Tax Act 2004 20: Repeals 1: Amendment(s) incorporated in the Act(s) 2: The repeal by subsection (1) of sections 13(4) 14(3) Housing New Zealand Corporation 3: The repeal by subsection (1) of sections 15 to 18 Section 20(2) amended 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001

DLM137947

1988

Trade (Anti-dumping and Countervailing Duties) Act 1988

1: 1: This Act is the Trade (Anti-dumping and Countervailing Duties) 2: This Act shall come into force on 1 December 1988. Section 1 heading amended 29 November 2017 section 5(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 1(1) amended 29 November 2017 section 5(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 1: General provisions Part 1 heading inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 1A: Purpose The purpose of this Act is to enable New Zealand to apply anti-dumping and countervailing duties in accordance with its obligations as a party to the WTO Agreement. Anti-dumping and countervailing duties are intended to prevent material injury or the threat of material injury to an industry, or the establishment of an industry being materially retarded, due to dumped or subsidised goods being imported into New Zealand. Section 1A inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 1B: 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 this Act. 2: In this Act,— a: this Part specifies the purpose of this Act and defines terms and expressions used in this Act: b: Part 2 c: Part 3 d: Part 4 e: Part 5 f: Part 6 i: subpart 1 ii: subpart 2 iii: subpart 3 iv: subpart 4 v: subpart 5 g: Part 7 Section 1B inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 1C: 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. Section 1C inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 2: Application Section 2 repealed 29 November 2017 section 7 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3: Interpretation 1: In this Act, unless the context otherwise requires,— chief executive Customs the Customs Customs by section 5(1) day sections 13A(1) 17 17B(4) 17K(2) 17O(3) to (5) 17S(4) 17W(4) dumping dumped emergency section 4 exporter section 5(1) foreign country foreign Government a: the Government of a foreign country: b: a provincial, State, municipal, local, or regional Government or authority of a foreign country: c: a body that exercises authority for an association of foreign countries: d: a person, agency, or institution acting for, or on behalf of, a Government or body referred to in paragraph (a) or paragraph (b) or paragraph (c) full review stage 1 sections 17F 17G full review stage 2 sections 17H to 17J goods importer section 5(1) investigation step 1 sections 10C to 10E investigation step 2 sections 10F to 10H like goods a: other goods that are like those goods in all respects; or b: in the absence of goods referred to in paragraph (a), goods which have characteristics closely resembling those goods Minister Ministry new exporter a: exports goods into New Zealand that are subject to an anti-dumping or a countervailing duty imposed under this Act; and b: did not export those goods into New Zealand during the period of the original investigation that led to the duty being imposed; and c: is not related to an exporter who did export those goods into New Zealand during the period of the original investigation that led to the duty being imposed notified parties a: the Government or Governments of the country or countries of the export of goods to which the notice relates; and b: exporters and importers known by the chief executive to have an interest in those goods; and c: the applicant in relation to those goods; and d: where the Minister or the chief executive is taking action under section 18 shipment section 2(1) specific subsidy specified period section 14AA a: in the case of goods of Singaporean origin, 3 years; and b: in the case of goods of any other origin, 5 years subsidised goods subsidy Tariff section 2 WTO Agreement 2: For the purposes of this Act, a purchase or sale of goods shall not be treated as an arm's length transaction if— a: there is any consideration payable for or in respect of the goods other than their price; or b: the price is influenced by a relationship between the buyer, or a related person, and the seller, or a related person; or c: in the opinion of the chief executive 3: Where goods are imported into New Zealand and are purchased by the importer from the exporter (whether before or after exportation) for a particular price and the chief executive a: the amount of the price paid or to be paid for the goods by the importer; and b: such other amounts as the chief executive c: the likelihood that the amounts referred to in paragraph (a) and paragraph (b) will be able to be recovered within a reasonable time; and d: such other matters as the chief executive that the importer, whether directly or through a related person, sells those goods in New Zealand (whether in the condition in which they were imported or otherwise) at a loss, the chief executive 4: For the purposes of this Act, a person shall be deemed to be related to another person if— a: one of them directly or indirectly controls the other (within the meaning of subsection (5)); or b: both of them are directly or indirectly controlled by a third person (within that meaning); or c: together they directly or indirectly control a third person (within that meaning). 5: For the purposes of subsection (4), a person controls another person if the first-mentioned person is in a position, whether legally or operationally, to exercise restraint or direction over the other person. 6: For the purposes of this Act, where, during the exportation of goods to New Zealand, the goods pass in transit from a country through another country, that other country shall be disregarded in ascertaining the country of export of the goods. Section 3 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 3(1) building material repealed 31 July 2019 section 14AA(6)(b) Section 3(1) chief executive inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) collector repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 3(1) Customs the Customs inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 3(1) Customs the Customs amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) day inserted 22 November 2006 section 4(1) Dumping and Countervailing Duties Amendment Act 2006 Section 3(1) day amended 29 November 2017 section 8(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) emergency inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) exporter amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) full review stage 1 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) full review stage 2 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) importer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) investigation step 1 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) investigation step 2 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) Minister replaced 20 May 2014 section 4(2) Dumping and Countervailing Duties Amendment Act 2014 Section 3(1) Ministry inserted 20 May 2014 section 4(1) Dumping and Countervailing Duties Amendment Act 2014 Section 3(1) new exporter inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) notified parties inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) residential building material repealed 31 July 2019 section 14AA(6)(b) Section 3(1) Secretary repealed 29 November 2017 section 8(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) specified period inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(2)(c) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3A: Meaning of industry For the purposes of this Act, the term industry a: the New Zealand producers of like goods; or b: such New Zealand producers of like goods whose collective output constitutes a major proportion of the New Zealand production of like goods. Section 3A substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 3B: Meaning of goods of Australian origin For the purposes of this Act, goods of Australian origin Section 3B inserted 1 July 1990 Dumping and Countervailing Duties Amendment Act 1990 3BA: Meaning of goods of Singaporean origin For the purposes of this Act, goods of Singaporean origin Section 3BA inserted 1 January 2001 section 4 New Zealand/Singapore Closer Economic Partnership Act 2000 3BB: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 Section 3BB inserted 29 November 2017 section 9 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3C: Act to bind the Crown This Act binds the Crown. Section 3C inserted 1 July 1990 section 5 Dumping and Countervailing Duties Amendment Act 1990 3D: Enforcement of Act 1: The enforcement and collection of duties payable under this Act shall be a function of the Customs. 2: Section 3D inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 3D(2) repealed 1 October 2018 section 443(3) Customs and Excise Act 2018 2: Notice and access to information Part 2 heading inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3E: Notice and written advice 1: For the purposes of this Act, a reference to a notice a: is in writing; and b: contains— i: a brief summary of the reasons for the giving of the notice; and ii: any other information required to be specified in the notice; and c: is given to the notified parties; and d: is published in the Gazette 2: Notice may be given under subsection (1)(c)— a: by personal delivery to the party; or b: by posting it to the last known address of the party; or c: if the party has a known email address, by sending it to the party at that address by email; or d: if the party has a known fax number, by sending it to the party at that number by fax. 3: Written advice may be given under sections 10C(2) 10G(1) 17F(2) 17I(1) 17N(3) Section 3E inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3F: Access to relevant information 1: An interested party may ask the chief executive to provide copies of information relevant to an investigation, a full review, a limited review, a reassessment, or a new exporter reassessment. 2: Subsection (1) does not apply to— a: confidential information (unless the submitter of the confidential information consents to the confidential information being made available); or b: other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982 3: The chief executive may request a submitter of information to provide the chief executive with— a: a summary, for access by interested parties, of confidential information or other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982 b: reasons why a summary cannot be provided. 4: If no document is provided after a request under subsection (3) or if the chief executive is not satisfied with a document provided, the chief executive may disregard the relevant information from the investigation, full review, limited review, reassessment, or new exporter reassessment. 5: In this section, confidential information a: that making the information available would give a significant competitive advantage to a competitor of the submitter of confidential information: b: that making the information available would have a significantly adverse effect on— i: the submitter of confidential information; or ii: the person from whom the information was acquired by the submitter of the information; or iii: any person to whom the information relates: c: that the information should be treated as confidential for reasons other than the reasons described in paragraphs (a) and (b). Section 3F inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3: Dumping, subsidy, and material injury Part 3 heading inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 4: Export price 1: Subject to this section, for the purposes of this Act, the export price of any goods imported or intended to be imported into New Zealand which have been purchased by the importer from the exporter shall be— a: where the purchase of the goods by the importer was an arm's i: costs, charges, and expenses incurred in preparing the goods for shipment to New Zealand that are additional to those costs, charges, and expenses generally incurred on sales for home consumption; and ii: any other costs, charges, and expenses resulting from the exportation of the goods, or arising after their shipment from the country of export; or b: where the purchase of the goods by the importer was not an arm's length transaction, and the goods are subsequently sold by the importer in the condition in which they were imported to a person who is not related to the importer, the price at which the goods were sold by the importer to that person less the sum of the following amounts: i: the amount of any duties and taxes imposed under any Act; and ii: the amount of any costs, charges, or expenses arising in relation to the goods after exportation; and iii: the amount of the profit, if any, on the sale by the importer or, where the chief executive chief executive c: where the purchase of the goods by the importer was not an arm's length transaction, and the goods are subsequently sold by the importer in a condition different from the condition in which they were imported, a reasonable price determined by the chief executive 2: Where— a: goods are or are to be shipped to New Zealand on consignment and there is no known purchaser in New Zealand for the goods; or b: there is no exporter's sale price or no price at which the importer or a person not related to the export price, for the purposes of this Act, shall be determined in such manner as the chief executive Section 4(1)(a) amended 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 4(1)(b) substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 4(1)(b)(iii) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(1)(c) added 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 4(1)(c) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(2)(b) amended 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 5: Normal value 1: Subject to this section, for the purposes of this Act, the normal value of any goods imported or intended to be imported into New Zealand shall be the price paid for like goods sold in the ordinary course of trade for home consumption in the country of export in sales that are arm's length transactions by the exporter or, if like goods are not so sold by the exporter, by other sellers of like goods. 2: Where the chief executive a: there is an absence of sales that would be relevant for the purpose of determining a price under that subsection; or b: the situation in the relevant market is such that sales in that market that would otherwise be relevant for the purpose of determining a price under subsection (1) are not suitable for use in determining such a price; or c: like goods are not sold in the ordinary course of trade for home consumption in the country of export in sales that are arm's length transactions by the exporter and it is not practicable to obtain within a reasonable time information in relation to sales by other sellers of like goods that would be relevant for the purpose of determining a price under subsection (1),— the chief executive d: the sum of— i: such amount as is determined by the chief executive ii: on the assumption that the goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export,— A: such amounts as the chief executive B: an amount calculated in accordance with such rate as the chief executive e: the price that is representative of the price paid for similar quantities of like goods sold at arm's length in the ordinary course of trade in the country of export for export to a third country. 3: Where the normal value of goods imported or intended to be imported into New Zealand is the price paid for like goods, in order to effect a fair comparison for the purposes of this Act, the normal value and the export price shall be compared by the chief executive a: at the same level of trade; and b: in respect of sales made at as nearly as possible the same time; and c: with due allowances made as appropriate for any differences in terms and conditions of sales, levels of trade, taxation, quantities, and physical characteristics, and any other differences that affect price comparability. 4: Where the normal value of goods exported to New Zealand is to be ascertained in accordance with subsection (2), the chief executive 5: Where— a: the actual country of export of goods imported or intended to be imported into New Zealand is not the country of origin of the goods; and b: the chief executive the chief executive 6: Where the chief executive a: the price paid for like goods— i: sold for home consumption in the country of export in sales that are arm's length transactions; or ii: sold in the country of export to a third country in sales that are arm's length transactions,— is, and has been for an extended period of time and in respect of a substantial quantity of like goods, less than the sum of— iii: such amount as the chief executive iv: such amounts as the chief executive b: it is likely that the seller of those like goods will not be able to fully recover the amounts referred to in subparagraphs (iii) and (iv) of paragraph (a) within a reasonable period of time,— the price so paid for those like goods shall be deemed not to have been paid in the ordinary course of trade. Section 5 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 5(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(2)(d)(i) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(2)(d)(ii)(A) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(2)(d)(ii)(B) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(4) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(5) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(5)(b) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(6) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(6)(a)(iii) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(6)(a)(iv) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 6: Export price and normal value 1: Where the chief executive section 4 section 5 chief executive 2: For the purposes of subsection (1), the chief executive chief executive Section 6(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 6(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 7: Amount of subsidy 1: In this Act, the expression amount of the subsidy chief executive 2: For the purposes of subsection (1),— a: the provision of equity capital by a foreign Government shall not be regarded as conferring a benefit, unless the investment decision in relation to the provision of that equity capital can be regarded as inconsistent with the usual investment practice (including for the provision of risk capital) of private investors in the territory of the exporting country: b: the provision of a loan by a foreign Government shall not be regarded as conferring a benefit, unless the amount that the recipient of the loan pays under the loan is less than the amount that the recipient would pay under a comparable commercial loan that the recipient could obtain on the market, in which case, the benefit to the recipient shall be deemed to be the difference between those amounts: c: the provision of a loan guarantee by a foreign Government shall not be regarded as conferring a benefit, unless the amount that the recipient of the loan pays under the government guaranteed loan is less than the amount that the recipient would pay under a comparable commercial loan that was not so guaranteed, in which case, the benefit to the recipient shall be deemed to be the difference between those amounts: d: the provision of goods or services, or the purchase of goods, by a foreign Government shall not be regarded as conferring a benefit, unless the goods or services are provided for less than adequate remuneration within the meaning of subsection (4), or the goods are purchased for more than adequate remuneration, as the case may be. 3: For the purposes of subsection (1), the following amounts shall not be included in the amount of the subsidy: a: any application fee or other fees or costs necessarily incurred in order to qualify for, or to receive the benefit of, the subsidy: b: any export taxes, duties, or other charges levied on the export of the goods to New Zealand that are specifically intended to offset the subsidy. 4: For the purposes of subsection (2)(d), adequate remuneration shall be determined in relation to prevailing market conditions in the country concerned for the goods or services, taking into account price, quality, availability, marketability, transportation, and other conditions of the provision or purchase. 5: Where the chief executive chief executive chief executive Section 7 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 7(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 7(5) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 8: Material injury 1: In determining for the purposes of this Act whether or not any material injury to an industry has been or is being caused or is threatened or whether or not the establishment of an industry has been or is being materially retarded by means of the dumping or subsidisation of goods imported or intended to be imported into New Zealand from another country, the chief executive a: the volume of imports of the dumped or subsidised goods; and b: the effect of the dumped or subsidised goods on prices in New Zealand for like goods; and c: the consequent impact of the dumped or subsidised goods on the relevant New Zealand industry. 2: Without limiting the generality of subsection (1), and without limiting the matters that the chief executive chief executive a: the extent to which there has been or is likely to be a significant increase in the volume of imports of dumped or subsidised goods either in absolute terms or in relation to production or consumption in New Zealand: b: the extent to which the prices of the dumped or subsidised goods represent significant price undercutting in relation to prices in New Zealand (at the relevant level of trade) for like goods of New Zealand producers: c: the extent to which the effect of the dumped or subsidised goods is or is likely significantly to depress prices for like goods of New Zealand producers or significantly to prevent price increases for those goods that otherwise would have been likely to have occurred: d: the economic impact of the dumped or subsidised goods on the industry, including— i: actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilisation of production capacity; and ii: factors affecting domestic prices; and iii: the magnitude of the margin of dumping; and iv: actual and potential negative e: factors other than the dumped or subsidised goods that have injured, or are injuring, the industry, including— i: the volume and prices of goods that are not sold at dumped prices or that are not subsidised; and ii: contraction in demand or changes in the patterns of consumption; and iii: restrictive trade practices of, and competition between, overseas and New Zealand producers; and iv: developments in technology; and v: the export performance and productivity of the New Zealand producers: f: the nature and extent of importations of dumped or subsidised goods by New Zealand producers of like goods, including the value, quantity, frequency, and purpose of any such importations. 3: For the purposes of this section, the chief executive chief executive Section 8 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 8(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 8(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 8(2)(d)(iv) amended 29 November 2017 section 11 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 8(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 9: Form of notice Section 9 repealed 29 November 2017 section 12 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 4: Investigation Part 4 heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Application Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10: Application for investigation 1: One or more New Zealand producers of like goods (or a person acting on behalf of those producers) may, by a properly documented application, apply to the chief executive to start an investigation to determine the existence and effect of alleged dumping or subsidisation of goods imported or intended to be imported into New Zealand. 2: A properly documented application must be in writing and include evidence of— a: dumping or subsidisation; and b: material injury or threatened material injury to the industry, or establishment of the industry being materially retarded; and c: a causal link between the alleged dumping or subsidisation and the alleged material injury, threatened material injury, or establishment of the industry being materially retarded. 3: A properly documented application must include as much of the following information as is reasonably available to the applicant: a: the names of the New Zealand producers making the application: b: the names of all other known New Zealand producers of like goods: c: a description of the volume and value of the domestic production of like goods, both by the producers referred to in paragraph (a) and by the producers referred to in paragraph (b): d: a complete description of the allegedly dumped or subsidised goods: e: the names of the countries of origin or export of the allegedly dumped or subsidised goods: f: the name of each known exporter or overseas producer of the allegedly dumped or subsidised goods: g: the names of persons known to be importing the allegedly dumped or subsidised goods: h: in the case of subsidised goods, the existence, amount, and nature of the subsidy: i: normal values of the allegedly dumped goods when destined for consumption in the domestic markets of the countries of origin or export (or, if appropriate, either the prices at which the goods are sold from the countries of origin for export to third countries, or the prices based on a constructed value): j: the export prices of the allegedly dumped or subsidised goods (or, if appropriate, the prices at which the goods are first resold in arm's length transactions in New Zealand): k: the import volumes into New Zealand of the allegedly dumped or subsidised goods: l: the effects that the imports of the allegedly dumped or subsidised goods have had, or will have, on prices of like goods in New Zealand: m: the consequent impact of those imports on the industry: n: relevant factors affecting the industry that may have a bearing on the information required under paragraphs (l) and (m). Section 10 replaced 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10A: Start of investigation 1: The chief executive must start an investigation if the chief executive is satisfied from the evidence in the application that— a: there is sufficient evidence to justify investigating whether— i: goods imported or intended to be imported into New Zealand are being dumped or subsidised; and ii: the alleged dumping or subsidisation— A: has caused, is causing, or threatens to cause material injury to the industry; or B: has caused or is causing the establishment of the industry to be materially retarded; and b: the collective output of those New Zealand producers who have, in writing, expressed support for the application constitutes— i: 25% or more of the total New Zealand production of like goods produced for domestic consumption (as assessed during the most recent representative period of not less than 6 months); and ii: more than 50% of the total production of like goods produced for domestic consumption (assessed as referred to in subparagraph (i)) by those New Zealand producers who have, in writing, expressed support for or opposition to the application. 2: The chief executive must, before starting an investigation,— a: inform the Government or Governments of the country or countries of export of the goods that are the subject of the proposed investigation; and b: in the case of an application for an investigation into the alleged subsidisation of goods, give that Government or those Governments a reasonable opportunity for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution. 3: Despite subsection (1), the chief executive must not start an investigation in relation to alleged dumping of goods of Australian origin. Section 10A replaced 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Investigation steps Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10B: Investigation steps 1: If the chief executive starts an investigation under section 10A section 10D(2) 2: The chief executive must give notice of a decision to start each step of an investigation as soon as practicable after the decision is made, and that notice must include the date on which the step of the investigation started or will start. Section 10B inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Step 1: dumping, subsidy, and material injury Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10C: Step 1: investigation Dumping, subsidy, and material injury 1: If the chief executive starts an investigation, the chief executive must investigate whether, in relation to imported goods or goods intended to be imported into New Zealand,— a: the goods are being dumped or subsidised; and b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation. Procedure 2: The chief executive must, within 150 days after starting investigation step 1, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 10D(1) 3: The chief executive must give interested parties a reasonable opportunity— a: to present, in writing, all evidence relevant to the investigation and, on justification being shown, to present that evidence orally; and b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views. 4: Subsection (2) does not require the chief executive to provide information that would not be available to an interested party under section 3F 5: The chief executive must report the findings of investigation step 1 to the Minister. Section 10C inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10D: Step 1: determination 1: Within 180 days after the start of investigation step 1 (but not less than 30 days after the written advice is given by the chief executive under section 10C(2) a: the goods are being dumped or subsidised; and b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation. 2: If the Minister makes an affirmative determination, the Minister must— a: determine the rate or amount of anti-dumping or countervailing duty, in accordance with section 10E b: direct the chief executive to immediately start investigation step 2. 3: If the Minister makes a negative determination, the Minister must terminate the investigation under section 11 4: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. 5: In this section,— affirmative determination a: the goods are being dumped or subsidised; and b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation negative determination Section 10D inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10E: Determining rate or amount of anti-dumping or countervailing duty 1: The Minister may, in respect of dumped or subsidised goods,— a: determine different rates or amounts of duty for named exporters: b: determine a residual rate or amount of duty for all other exporters from the same country as a named exporter. 2: The Minister must, in determining the rate or amount of the duty, have regard to— a: the desirability of ensuring that the rate or amount is not greater than is necessary to— i: prevent the material injury or a recurrence of the material injury; or ii: remove the threat of material injury to an industry; or iii: prevent the material retardation to the establishment of an industry; and b: New Zealand’s obligations as a party to the WTO Agreement. 3: The rate or amount must not exceed,— a: in the case of dumped goods, the difference between the export price of the goods and their normal value; and b: in the case of subsidised goods, the amount of the subsidy on the goods. Section 10E inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Step 2: public interest Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10F: Step 2: investigation 1: If the Minister directs the chief executive to start investigation step 2, the chief executive must investigate whether imposing an anti-dumping or a countervailing duty at the rate or amount determined under section 10D(2)(a) 2: Imposing the duty is in the public interest unless the cost to downstream industries and consumers of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing the duty. 3: In investigating whether imposing the duty is in the public interest, the matters the chief executive must investigate include the following: a: the effect of the duty on the prices of the dumped or subsidised goods: b: the effect of the duty on the prices of like goods produced in New Zealand: c: the effect of the duty on the choice or availability of like goods: d: the effect of the duty on product and service quality: e: the effect of the duty on the financial performance of the domestic industry: f: the effect of the duty on employment levels: g: whether there is an alternative supply (domestically or internationally) of like goods available: h: any factor that the chief executive considers essential to ensure the existence of competition in the market. 4: In this section,— consumers a: New Zealand consumers of— i: the dumped or subsidised goods; or ii: like goods; or iii: the other goods referred to in paragraph (a) of the definition of downstream industries; and b: if the Minister considers it appropriate for the purposes of this section, any other relevant New Zealand consumers domestic industry section 10D(1)(b) downstream industries a: each immediate downstream New Zealand industry that uses the dumped or subsidised goods, or like goods, as an input in the production of other goods; and b: if the Minister considers it appropriate for the purposes of this section, any other relevant downstream New Zealand industry. Section 10F inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10G: Step 2: procedure 1: The chief executive must, within 60 days after starting investigation step 2, give the notified parties written advice of the preliminary findings that are likely to form the basis for a determination to be made by the Minister under section 10H(1) 2: The chief executive must give all persons that the chief executive considers would be significantly affected by imposing the duty a reasonable opportunity to present, in writing, all evidence relevant to the investigation and, on justification being shown, to present that evidence orally. 3: Subsection (1) does not require the chief executive to provide information that would not be available to an interested party under section 3F 4: The chief executive must report the findings of investigation step 2 to the Minister. Section 10G inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 10H: Step 2: determination 1: Within 90 days after the start of investigation step 2 (but not less than 30 days after the written advice is given by the chief executive under section 10G(1) see section 10F(2) 2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. Section 10H inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Termination of investigations Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 11: Termination of investigations 1: Where the Minister, at any time before making a determination under section 10H(1) section 10D(1) a: there is insufficient evidence of dumping or subsidisation to justify proceeding with the investigation; or b: there is insufficient evidence that material injury to a New Zealand industry has been or is being caused or is threatened or the establishment of a New Zealand industry has been or is being materially retarded by means of the dumping or subsidisation of the goods; or c: in the case of subsidisation, the imposition of a countervailing duty in respect of those goods would be inconsistent with New Zealand's obligations as a party to the WTO Agreement; or d: the application for the investigation has been withdrawn in writing by those New Zealand producers by or on whose behalf the application was made; or e: New Zealand producers who previously expressed support for the application for the investigation have withdrawn that support in writing to such an extent that, by reason of section 10A(1)(b) started the Minister shall— f: terminate the investigation with respect to those goods; and g: give notice of such termination. 2: For the purposes of subsection (1)(a), evidence of dumping or subsidisation shall be insufficient where,— a: in the case of dumping, the margin of dumping is,— i: in the case of goods of Singaporean origin, less than 5% (expressed as a percentage of the export price); or ii: in the case of goods of any other origin, less than 2% (expressed as a percentage of the export price); or b: in the case of subsidisation, the amount of the subsidy is less than 1% of the value of the goods at the time of import; or c: in the case of either dumping or subsidisation, the volume of imports of dumped or subsidised goods, expressed as a percentage of total imports of like goods into New Zealand, is negligible, having regard to New Zealand's obligations as a party to the WTO Agreement. 2A: For the purposes of subsection (2)(c), in applying Article 5.8 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, annexed to the WTO Agreement, in relation to goods of Singaporean origin,— a: the first reference in Article 5.8 to 3 per cent 5 per cent b: accordingly, if the volume of goods of Singaporean origin dumped is found to account for less than 5% of the total imports of like goods into New Zealand, the volume of goods dumped must normally be regarded as negligible. 3: Where— a: any investigation is terminated under subsection (1), and it is subsequently ascertained that information supplied affecting the investigation was incorrect or did not disclose material facts, and that the information is of such nature as materially to affect the decision to terminate the investigation; or b: any investigation is terminated pursuant to an undertaking given by the Government of the country of export or by an exporter, as the case may be, under section 15(1) the chief executive start 4: Notice shall be given of the start Section 11 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 11(1) amended 29 November 2017 section 14(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(1)(e) amended 29 November 2017 section 14(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(1)(e) amended 29 November 2017 section 14(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(2)(a) substituted 1 January 2001 section 5(1) New Zealand/Singapore Closer Economic Partnership Act 2000 Section 11(2A) inserted 1 January 2001 section 5(2) New Zealand/Singapore Closer Economic Partnership Act 2000 Section 11(3) amended 29 November 2017 section 14(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(4) amended 29 November 2017 section 14(5) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 12: Preliminary determination Section 12 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 5: Anti-dumping and countervailing duties Part 5 heading inserted 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 13: Imposing anti-dumping or countervailing duty 1: If the Minister determines under section 10H(1) section 10D(2)(a) a: to be known as anti-dumping duty, in respect of those goods that are dumped: b: to be known as countervailing duty, in respect of those goods that are subsidised. 2: The Minister must give notice of the imposition of a duty under subsection (1) as soon as practicable after the imposition is made. 3: Despite subsection (1), the Minister must not impose a countervailing duty if to do so would be inconsistent with New Zealand's obligations as a party to the WTO Agreement. 4: Subsection (1) is subject to section 13B Section 13 replaced 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 13A: Period of anti-dumping or countervailing duty 1: A duty imposed under section 13(1) a: has effect on and from the applicable date referred to in section 17 17A 17B b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under section 13(2) Gazette c: ceases to be payable from the date that is the specified period after the date on which the duty has effect under paragraph (a). 2: Subsection (1)(c) is subject to section 13B Part 6 Section 13A inserted 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 13B: Natural disasters or emergencies Deferral and non-imposition 1: Despite section 13(1) a: defer imposing a duty; or b: elect not to impose a duty. 2: If the Minister defers imposing a duty,— a: the Minister must specify the period of deferral in the notice; and b: the Minister may, by further notice, change the period of a deferral. Suspension and termination 3: If the Minister considers that the users of goods subject to an anti-dumping or a countervailing duty have been significantly impacted by a natural disaster or emergency, the Minister may, by notice, terminate or suspend, in whole or in part, the imposition of the duty. 4: If the Minister suspends the imposition of the duty,— a: the Minister must specify, in the notice, the period of suspension (which may start before the date of the notice); and b: the Minister may, by further notice, change a period of suspension. 5: If the Minister terminates the imposition of the duty, the date of termination specified in the notice may be before the date of the notice. Section 13B inserted 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 14: Anti-dumping and countervailing duties Section 14 repealed 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 14AA: Temporary suspension of anti-dumping duties on residential building material 2019-07-31 Trade (Anti-dumping and Countervailing Duties) Act 1988 See s 14AA(6) Section 14AA repealed 31 July 2019 14A: Refund of excess anti-dumping duty paid 1: An importer may apply to the Minister for a refund of excess anti-dumping duty paid in respect of goods imported during an importation period. 2: Excess anti-dumping duty is paid if the total amount of anti-dumping duty in respect of all goods imported during the importation period exceeds the difference between— a: the export prices of those imported goods; and b: the normal values of those imported goods. 3: An application for a refund under subsection (1) a: be made no later than 6 months after the end of the importation period; and b: be addressed to the chief executive c: be in the form (if any) required by the chief executive d: be accompanied by the documentary evidence specified in subsection (4) e: state the total amount of refund of excess anti-dumping duty sought for the importation period. 4: An application for a refund must be accompanied by documentary evidence of the following matters in respect of each importation of the goods into New Zealand during the importation period: a: the date of importation; and b: the amount of anti-dumping duty paid in respect of the goods; and c: the export price of the goods; and d: the normal value of the goods. 5: After receiving an application, the chief executive chief executive 6: As soon as practicable after receiving an application and any further information required under subsection (5) chief executive 7: If the Minister, after considering the application and chief executive 8: In this section, importation period a: commences on 1 April and ends on 30 September in the same year; or b: commences on 1 October and ends on 31 March the following year. Section 14A inserted 12 December 2012 section 4 Dumping and Countervailing Duties Amendment Act 2012 Section 14A(3)(b) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(3)(c) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(5) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(6) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(7) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 15: Price undertakings 1: Subject to subsection (1A), where, chief executive started an investigation under section 10A 1A: Before accepting any undertaking given under subsection (1), the Minister must have reasonable cause to believe, in relation to the importation or intended importation of goods into New Zealand, that— a: the goods are being dumped or subsidised; and b: by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded. 2: Any price 3: The Minister may be given and accept any amendment to an undertaking because of altered circumstances. 4: If the Minister accepts an undertaking, the investigation of the extent of injury to an industry shall nevertheless be completed if the Minister or 5: If an investigation referred to in subsection (4) is completed and no determination of material injury, threat thereof, or material retardation to the establishment of an industry is made, the undertaking shall automatically lapse, except in cases where a determination of no threat of injury is attributable to a significant degree to the existence of the undertaking, in which case the Minister may require that the undertaking be maintained for such reasonable period as the Minister may determine. 5A: If an investigation referred to in subsection (4) is completed and the Minister determines that imposing an anti-dumping or a countervailing duty is not in the public interest, the undertaking automatically lapses. 6: The Minister may require any party from whom undertakings have been accepted to provide information relevant to the fulfilment of the undertaking. 7: The chief executive 8: Any undertaking given and accepted under this section shall automatically lapse from the date that is the later of 5 years after— a: the date of the acceptance of the undertaking; or b: where a review carried out under subsection (7) has been completed and the undertaking continued in the same or a modified form, the date of the initiation of that review— unless, at that date, the undertaking is subject to review under subsection (7). 9: If an investigation is terminated in accordance with subsection (1), notice of the termination shall be given. Section 15(1) amended 29 November 2017 section 17(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(1) amended 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 15(1A) inserted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 15(2) amended 1 July 1990 section 11(1) Dumping and Countervailing Duties Amendment Act 1990 Section 15(4) amended 1 July 1990 section 11(2) Dumping and Countervailing Duties Amendment Act 1990 Section 15(5A) inserted 29 November 2017 section 17(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(7) substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 15(7) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(8) substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 16: Provisional measures 1: If, at any time after 60 days from the date on which an investigation has been started by the chief executive under section 10A section 11 a: the Minister has reasonable cause to believe, in relation to the importation or intended importation of goods into New Zealand, that— i: the goods are being dumped or subsidised; and ii: by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded; and b: the Minister is satisfied that action under this section is necessary to prevent material injury being caused during the period of investigation,— the Minister may, by notice, give a provisional direction that payment of duty in respect of the goods shall be secured in accordance with sections 240 241 2: Notwithstanding subsection (1), at any time after the chief executive started section 11(3)(b) sections 240 241 3: A provisional direction given under subsection (1) or (2) ceases to have effect from— a: the date of the determination made by the Minister under section 10H(1) b: if no determination has been, or will be, made under section 10H(1) section 10D(1) 4: When a provisional direction given under subsection (1) or subsection (2) ceases to have effect, any security given pursuant to the provisional direction shall be released, except to the extent that duties are payable on goods imported prior to the direction ceasing to have effect. 5: Where the amount of anti-dumping duty or countervailing duty imposed pursuant to a provisional direction under subsection (1) or subsection (2) exceeds the amount of duty determined under section 10D(2)(a) Customs 6: Where the amount of anti-dumping duty or countervailing duty imposed pursuant to a provisional direction under subsection (1) or subsection (2) section 10D(2)(a) Section 16 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 16(1) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16(1) amended 29 November 2017 section 18(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16(2) amended 29 November 2017 section 18(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(3) replaced 29 November 2017 section 18(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(5) amended 29 November 2017 section 18(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(5) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 16(6) amended 29 November 2017 section 18(5) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17: Date on and from which duty payable The date on and from which anti-dumping duty or countervailing duty is payable or must be secured is— a: for a provisional direction under section 16(1) or (2) b: for a determination under section 10H(1) i: the day after the date of that determination; or ii: a specified day after the day in subparagraph (i): ba: for a full review stage 2 determination under section 17J(1) i: the day after the date of that determination; or ii: a specified day after the day in subparagraph (i): c: for a reassessment determination under section 17S section 17W i: the day after the date of the reassessment determination or the new exporter reassessment determination ii: a specified day after the day in subparagraph (i). Section 17 substituted 22 November 2006 section 6(1) Dumping and Countervailing Duties Amendment Act 2006 Section 17(b) amended 29 November 2017 section 19(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 17(ba) inserted 29 November 2017 section 19(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 17(c) amended 29 November 2017 section 19(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 17(c)(i) amended 29 November 2017 section 19(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17A: Duty may be levied retrospectively to cover period of provisional measures if certain conditions met 1: This section applies if the Minister makes a provisional direction and later— a: makes a determination under section 10D(1) i: material injury to an industry; or ii: a threat of material injury where there would have been material injury if there had not been provisional measures; and b: makes a determination under section 10H(1) 2: The Minister may impose anti-dumping duty or countervailing duty retrospectively for all or part of the period covered by the earlier provisional direction. 3: This section overrides section 17 Section 17A inserted 22 November 2006 section 6(1) Dumping and Countervailing Duties Amendment Act 2006 Section 17A(1) replaced 29 November 2017 section 20 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17B: Duty may be levied retrospectively to cover period of up to 60 days before provisional measures if certain conditions met 1: This section applies if the Minister determines that it is necessary to impose retrospective anti-dumping duty or countervailing duty to preclude recurrence of material injury and the Minister determines either of the following: a: for dumped goods,— i: either that— A: there is a history of dumping causing material injury; or B: the importer was or should have been aware that the goods were dumped and that the dumping would cause material injury; and ii: material injury has been caused by substantial dumped imports of the goods in a relatively short period; or b: for subsidised goods, critical circumstances apply and there have been massive imports in a relatively short period of goods that— i: benefit from export subsidies paid or bestowed inconsistently with the WTO Agreement; and ii: have caused material injury that is difficult to repair. 2: The Minister may impose duty retrospectively for all or part of the 60-day period before the application of the provisional direction. 3: If the exporter or the Government of the country of export violates an undertaking under section 15 section 16 4: If the period in subsection (2) or (3) includes a day in the period beginning with 25 December in any year and ending with 15 January in the following year, duties can be collected for each day that falls— a: in the period beginning with 25 December in any year and ending with 15 January in the following year; and b: in the period in subsection (2) or (3). 5: No retrospective duty may be imposed under subsection (3) before the date of the violation of the undertaking 6: This section overrides section 17 Section 17B inserted 22 November 2006 section 6(1) Dumping and Countervailing Duties Amendment Act 2006 6: Review and reassessment Part 6 inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 1: Full review Subpart 1 inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review: purpose, start, and stages Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17C: Purpose of full review The purpose of a full review is to investigate, in relation to an anti-dumping or a countervailing duty, whether— a: continued imposition of the duty is necessary to offset dumping or subsidisation; and b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied. Section 17C inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17D: Start of full review 1: The chief executive must start a full review of a duty after receiving an application from an interested party that includes positive evidence justifying the need for a full review. 2: The chief executive may start a full review of a duty at the chief executive’s discretion. 3: Subsection (4) applies if— a: the chief executive starts a full review of an existing duty; and b: the duty would, apart from subsection (4), cease to be payable during the period of the investigation. 4: The existing duty does not cease to be payable during the period of the investigation and remains payable until the duty is— a: terminated following a negative determination under section 17G(1) b: terminated following a determination that continuing to impose the duty is not in the public interest; or c: replaced with a new duty under section 17K(2) Section 17D inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17E: Full review stages 1: If the chief executive starts a full review under section 17D section 17G(2) 2: The chief executive must give notice of a decision to start each stage of a full review as soon as practicable after the decision is made, and that notice must include the date on which each stage of the full review started or will start. Section 17E inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review stage 1: dumping, subsidy, and material injury Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17F: Full review stage 1: investigation Dumping, subsidy, and material injury 1: If the chief executive starts a full review, the chief executive must investigate, in relation to an anti-dumping or a countervailing duty, whether— a: continued imposition of the duty is necessary to offset dumping or subsidisation; and b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied. Procedure 2: The chief executive must, within 150 days after starting full review stage 1, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 17G(1) 3: The chief executive must give interested parties a reasonable opportunity— a: to present, in writing, all evidence relevant to the full review and, on justification being shown, to present that evidence orally; and b: on request being made by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views. 4: Subsection (2) does not require the chief executive to provide information that would not be available to an interested party under section 3F 5: The chief executive must report the findings of full review stage 1 to the Minister. Section 17F inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17G: Full review stage 1: determination 1: Within 180 days after the start of full review stage 1 (but not less than 30 days after the written advice is given by the chief executive under section 17F(2) a: continued imposition of the duty is necessary to offset dumping or subsidisation; and b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied. 2: If the Minister makes an affirmative determination, the Minister must— a: determine the rate or amount of anti-dumping or countervailing duty, in accordance with section 10E b: direct the chief executive to immediately start full review stage 2. 3: If the Minister makes a negative determination, the Minister must terminate the imposition of the duty under section 17Y(1) 4: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. 5: In this section,— affirmative determination a: continued imposition of the duty is necessary to offset dumping or subsidisation; and b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied negative determination Section 17G inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review stage 2: public interest Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17H: Full review stage 2: investigation 1: If the Minister directs the chief executive to start full review stage 2, the chief executive must investigate whether continuing to impose an anti-dumping or a countervailing duty at the rate or amount determined under section 17G(2)(a) 2: Continuing to impose the duty is in the public interest unless the cost to downstream industries and consumers of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing the duty. 3: In investigating whether continuing to impose the duty is in the public interest, the matters the chief executive must investigate include those referred to in section 10F(3) 4: In this section,— consumers a: New Zealand consumers of— i: the dumped or subsidised goods; or ii: like goods; or iii: the other goods referred to in paragraph (a) of the definition of downstream industries; and b: if the Minister considers it appropriate for the purposes of this section, any other relevant New Zealand consumers domestic industry section 17G(1)(b) downstream industries a: each immediate downstream New Zealand industry that uses the dumped or subsidised goods, or like goods, as an input in the production of other goods; and b: if the Minister considers it appropriate for the purposes of this section, any other relevant downstream New Zealand industry. Section 17H inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17I: Full review stage 2: procedure 1: The chief executive must, within 60 days after starting full review stage 2, give the notified parties written advice of the preliminary findings that are likely to form the basis for a determination to be made by the Minister under section 17J(1) 2: The chief executive must give all persons that the chief executive considers would be significantly affected by continuing to impose the duty a reasonable opportunity to present, in writing, all evidence relevant to full review stage 2 and, on justification being shown, to present that evidence orally. 3: Subsection (1) does not require the chief executive to provide information that would not be available to an interested party under section 3F 4: The chief executive must report the findings of full review stage 2 to the Minister. Section 17I inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17J: Full review stage 2: determination 1: Within 90 days after the start of full review stage 2 (but not less than 30 days after the written advice is given by the chief executive under section 17I(1) see section 17H(2) 2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. Section 17J inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review: continued imposition of duty Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17K: Full review: continued imposition of duty 1: If the Minister determines that continuing to impose the anti-dumping or countervailing duty is in the public interest, the Minister must continue to impose a duty, at the rate or amount determined under section 17G(2)(a) a: to be known as anti-dumping duty, in respect of those goods that are dumped: b: to be known as countervailing duty, in respect of those goods that are subsidised. 2: A duty that continues to be imposed under subsection (1)— a: replaces the existing duty with effect on and from the applicable date referred to in section 17 b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (3) is published in the Gazette c: ceases to be payable from the date that is the specified period after the date on which the duty has effect under paragraph (a). 3: The Minister must give notice of the continued imposition of a duty under subsection (1) as soon as practicable after the imposition is made. 4: If the Minister determines that continuing to impose the duty is not in the public interest, the Minister must terminate the imposition of the duty under section 17Y(1) Section 17K inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 2: Limited review Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17L: Purpose of limited review The purpose of a limited review is to investigate, in relation to an anti-dumping or a countervailing duty, 1 or more of the following: a: whether the scope of goods subject to the duty should be reduced: b: whether an exporter should be exempted from the duty: c: whether continued imposition of the duty is necessary to offset dumping: d: whether material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty were removed or varied. Section 17L inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17M: Start of limited review 1: The chief executive may start a limited review of a duty— a: after receiving an application from an interested party that includes positive evidence justifying the need for a limited review; or b: at the chief executive’s discretion. 2: The chief executive must give notice of a decision to start a limited review as soon as practicable after the decision is made, and that notice must include the date on which the limited review started or will start. Section 17M inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17N: Limited review: investigation 1: If the chief executive starts a limited review under section 17M section 17L 2: However, if the matters in section 17L(c) and (d) subpart 1 3: The chief executive must, within 150 days after starting a limited review, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 17O(1) 4: The chief executive must give interested parties a reasonable opportunity— a: to present, in writing, all evidence relevant to the limited review and, on justification being shown, to present that evidence orally; and b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views. 5: Subsection (3) does not require the chief executive to provide information that would not be available to an interested party under section 3F 6: The chief executive must report the findings of the limited review to the Minister. Section 17N inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17O: Limited review: determination 1: Within 180 days after the start of the limited review (but not less than 30 days after the written advice is given by the chief executive under section 17N(3) 2: The Minister must give notice of a determination as soon as practicable after the determination is made. 3: A determination has effect on and from the day after the date on which the notice under subsection (2) is published in the Gazette 4: If the Minister determines that the scope of goods subject to the duty should be reduced, the duty ceases to be payable on those goods that are no longer within the scope of the duty on and from the day after the date on which the notice under subsection (2) is published in the Gazette 5: If the Minister determines that an exporter should be exempted from the duty, that exporter is exempt from the duty on and from the day after the date on which the notice under subsection (2) is published in the Gazette 6: The Minister must terminate the imposition of the duty under section 17Y(1) a: continued imposition of the duty is not necessary to offset dumping; or b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would not be likely to continue or recur if the duty were removed or varied. Section 17O inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 3: Reassessment Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17P: Purpose of reassessment The purpose of a reassessment is to reassess the rate or amount of an anti-dumping or a countervailing duty (which may include any element of a formula used to establish the rate or amount). Section 17P inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17Q: Start of reassessment 1: The chief executive may start a reassessment of the rate or amount of an anti-dumping or a countervailing duty— a: after receiving a request from an interested party that includes positive evidence justifying the need for a reassessment; or b: at the chief executive’s discretion. 2: The chief executive must give notice of a decision to start a reassessment as soon as practicable after the decision is made, and that notice must include the date on which the reassessment started or will start. Section 17PQ inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17R: Reassessment of rate or amount of duty 1: If the chief executive starts a reassessment under section 17Q 2: The chief executive must give interested parties a reasonable opportunity— a: to present, in writing, all evidence relevant to the reassessment and, on justification being shown, to present that evidence orally; and b: on request being made by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views. 3: The chief executive must report the findings of a reassessment to the Minister. Section 17R inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17S: Reassessment determination 1: The Minister must determine a reassessed rate or amount of the duty (which may be the same rate or amount as applied before the reassessment). 2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. 3: Section 10E section 10D(2)(a) 4: The reassessed duty— a: replaces the existing duty with effect on and from the applicable date referred to in section 17 b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (2) is published in the Gazette c: ceases to be payable from the date that the original duty would, but for the reassessment, have ceased to be payable in accordance with section 13A(1) and (2) 5: If a reassessment results in a lower rate or amount of duty being imposed on goods, the Minister may require Customs to refund, with effect from the date of the start of the reassessment, the difference between the duty paid and the lower rate or amount of duty. Section 17S inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 4: New exporter reassessment Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17T: Purpose of new exporter reassessment The purpose of a new exporter reassessment is to reassess the rate or amount of an anti-dumping or a countervailing duty (which may include any element of a formula used to establish the rate or amount) in respect of a new exporter. Section 17T inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17U: Start of new exporter reassessment 1: The chief executive may start a new exporter reassessment of the rate or amount of an anti-dumping or a countervailing duty after receiving a request from a new exporter that submits positive evidence justifying the need for a new exporter reassessment. 2: The chief executive must give notice of a decision to start a new exporter reassessment as soon as practicable after the decision is made, and that notice must include the date on which the new exporter reassessment started or will start. Section 17U inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17V: New exporter reassessment of rate or amount of duty 1: If the chief executive starts a new exporter reassessment under section 17U 2: The chief executive must give interested parties a reasonable opportunity— a: to present, in writing, all evidence relevant to the new exporter reassessment and, on justification being shown, to present that evidence orally; and b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views. 3: The chief executive must report the findings of a new exporter reassessment to the Minister. Section 17V inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17W: New exporter reassessment determination 1: The Minister must determine a reassessed rate or amount of the duty for the new exporter (which may be the same rate or amount as for other exporters). 2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. 3: Section 10E applies (with all necessary modifications) to the new exporter reassessment determination as if the new exporter reassessment determination were a determination under section 10D(2)(a). 4: The reassessed duty— a: has effect for the new exporter on and from the applicable date referred to in section 17 b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (2) is published in the Gazette c: ceases to be payable from the date that the original duty ceases to be payable in accordance with section 13A(1) and (2) Section 17W inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17X: Imposition of duty during new exporter reassessment 1: No anti-dumping or countervailing duty may be imposed on goods imported from a new exporter during a new exporter reassessment. 2: Despite section 17W(4) section 17W 3: Despite subsection (1), the Minister may, by notice, give a provisional direction that payment of an anti-dumping or a countervailing duty at the residual rate in respect of goods that are subject to a new exporter reassessment must be secured in accordance with sections 156 157 4: A provisional direction given under subsection (3) ceases to have effect following a determination made by the Minister under section 17W 5: If a provisional direction given under subsection (3) ceases to have effect, security given under the provisional direction must be released, except to the extent that duties are payable on goods imported before the direction ceased to have effect. 6: If the amount of duty imposed under a provisional direction under subsection (3) exceeds the amount of duty determined under section 17W 7: If the amount of duty imposed under a provisional direction under subsection (3) is less than the amount of duty determined under section 17W Section 17X inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 5: Termination Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 17Y: Termination of anti-dumping or countervailing duty 1: The Minister may, by notice, terminate, in whole or in part, the imposition of an anti-dumping or a countervailing duty. 2: The date of termination specified in the notice may be before the date of the notice. Section 17Y inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 7: Third country anti-dumping duties Part 7 heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 18: Third country anti-dumping 1: This section applies if the Government chief executive a: goods imported or intended to be imported into New Zealand— i: were produced or manufactured in another country; and ii: have been dumped b: by reason of the dumping i: material injury to a domestic industry of a third country (being a country other than New Zealand and other than the country in which the goods were produced or manufactured) has been or is being caused or is threatened; or ii: the establishment of a domestic industry of such a country has been or is being materially retarded. 2: The provisions of this Act apply with all necessary modifications as if— a: references to the effect of the goods on a New Zealand industry were references to the effect of those goods on the third country's domestic industry; and b: references to New Zealand producers in sections 3A 8(2) 10(1) and (3) 10A(1)(b) 11(1) c: references to New Zealand production or domestic production in sections 3A(b) 10(3)(c) 10A(1)(b) d: references to New Zealand industry in sections 8(1)(c) 11(1)(b) e: the reference to goods produced in New Zealand in section 10F(3)(b) f: the reference to production or consumption in New Zealand in section 8(2)(a) i: New Zealand; or ii: if the Minister considers it appropriate, a combination of both New Zealand and that third country; and g: references to domestic consumption in section 10A(1)(b) h: in sections 10F(4) 17H(4) domestic industry i: the New Zealand domestic industry (if any); or ii: if the Minister considers it appropriate, a combination of both the New Zealand domestic industry (if any) and the domestic industry of that third country. 3: However,— a: references to prices in section 8(1)(b) and (2)(b) and (d)(ii) section 10(3)(l) b: references to downstream industries and consumers in sections 10F(4) 17H(4) Example The Government of country X advises the chief executive that— goods imported into New Zealand were produced in country Y: those goods have been dumped: by reason of the dumping, material injury to a domestic industry of country X has been caused. The provisions of this Act apply as if references to the effect of those goods on a New Zealand industry were references to the effect of those goods on country X’s domestic industry. Section 18 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 18 heading amended 29 November 2017 section 22(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1) amended 29 November 2017 section 22(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1) amended 29 November 2017 section 22(6) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1)(a)(ii) amended 29 November 2017 section 22(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1)(b) amended 29 November 2017 section 22(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1)(b)(ii) amended 29 November 2017 section 22(5) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(2) inserted 29 November 2017 section 22(7) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(3) inserted 29 November 2017 section 22(7) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 19: Savings Section 19 repealed 29 November 2017 section 23 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 20: Consequential amendments Section 20 repealed 1 October 1996 section 290(1) Customs and Excise Act 1996

DLM135653

1988

Clerk of the House of Representatives Act 1988

1: Short Title and commencement 1: This Act may be cited as the Clerk of the House of Representatives Act 1988. 2: This Act shall come into force on 1 August 1988. Clerk of the House of Representatives 2: Clerk of the House of Representatives There shall from time to time be appointed, as an officer of the House of Representatives, a Clerk of the House of Representatives. 3: Functions of Clerk of the House of Representatives The functions of the Clerk of the House of Representatives shall be— a: to note all proceedings of the House of Representatives and of any committee of the House: b: to carry out such duties and exercise such powers as may be conferred on the Clerk of the House of Representatives by law or by the Standing Orders and practice of the House of Representatives: c: to act as the principal officer of the Office of the Clerk of the House of Representatives and, in that capacity, to manage that office efficiently, effectively, and economically: d: to ensure that the members of the staff of the Office of the Clerk of the House of Representatives carry out their duties (including duties imposed on them by law or by the Standing Orders or practice of the House of Representatives) and maintain— i: proper standards of integrity and conduct; and ii: concern for the public interest: e: to be responsible, under the direction of the Speaker of the House of Representatives, for the official report of the proceedings of the House of Representatives and its committees. Section 3(e) added 1 February 1992 Parliamentary Service Amendment Act 1991 Deputy Clerk of the House of Representatives 4: Deputy Clerk of the House of Representatives There shall from time to time be appointed, as an officer of the House of Representatives and as a member of the staff of the Office of the Clerk of the House of Representatives, a Deputy Clerk of the House of Representatives. 5: Functions of Deputy Clerk of the House of Representatives 1: Subject to the control of the Clerk of the House of Representatives, the Deputy Clerk of the House of Representatives shall perform such general official duties (including the exercise of functions, duties, and powers of the Clerk of the House of Representatives) as are for the time being assigned to the Deputy Clerk by the Clerk of the House of Representatives. 2: On the occurrence from any cause of a vacancy in the office of Clerk of the House of Representatives (whether by reason of death, resignation, or otherwise) and in the case of absence from duty of the Clerk of the House of Representatives (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Clerk of the House of Representatives shall have and may exercise all the functions, duties, and powers of the Clerk of the House of Representatives. 3: The fact that the Deputy Clerk of the House of Representatives exercises any function, duty, or power of the Clerk of the House of Representatives shall be conclusive evidence of the authority of the Deputy Clerk to do so. Acting Clerk of the House of Representatives 6: Acting Clerk of the House of Representatives 1: In the event of both the Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives being unable for any reason (including a vacancy in either office or vacancies in both offices) to carry out their duties, the Speaker of the House of Representatives may appoint any other person to act as the Clerk of the House of Representatives for the time being; and any person so appointed shall, so long as his or her appointment continues, have all the powers and functions of the Clerk of the House of Representatives. 2: Notwithstanding subsection (1), if the absence from duty or other inability to perform the functions of the office 3: Notwithstanding subsections (1) and (2), where— a: both the Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives are unable for any reason (including a vacancy in either office or vacancies in both offices) to carry out their duties; and b: there is no Speaker of the House of Representatives or the Speaker of the House of Representatives is absent from New Zealand or is for any reason unable to carry out the duties of the office of Speaker of the House of Representatives,— the Governor-General may appoint a person to act as the Clerk of the House of Representatives while both the Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives are unable to carry out their duties. Section 6(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Provisions relating to Clerk and Deputy Clerk of the House of Representatives 7: Appointment of Clerk and Deputy Clerk of the House of Representatives The Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives shall each be appointed by the Governor-General on the recommendation of the Speaker of the House of Representatives after consultation by the Speaker with— a: the Prime Minister; and b: the Leader of the Opposition; and c: such other members of the House of Representatives as the Speaker considers desirable. 8: Remuneration and conditions of employment 1: The remuneration of the Clerk of the House of Representatives and the remuneration of the Deputy Clerk of the House of Representatives shall be determined from time to time by the Remuneration Authority under the Remuneration Authority Act 1977 2: Except as otherwise provided in this Act, the terms and conditions of employment of the Clerk of the House of Representatives and the terms and conditions of employment of the Deputy Clerk of the House of Representatives shall be determined from time to time by the Speaker of the House of Representatives. Section 8(1) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 9: Prohibition on holding other office A person who holds the office of Clerk of the House of Representatives or the office of Deputy Clerk of the House of Representatives shall not be capable of being a member of Parliament, and shall not, without the approval of the Speaker of the House of Representatives in each particular case, hold any office of trust or profit, other than that person's office as Clerk of the House of Representatives or Deputy Clerk of the House of Representatives, or engage in any occupation for reward outside the office of Clerk of the House of Representatives or Deputy Clerk of the House of Representatives. 10: Term of office 1: Subject to section 11(1) 2: Where the term for which any person has been appointed as Clerk of the House of Representatives or Deputy Clerk of the House of Representatives expires, that person, unless sooner vacating or removed from office under section 11 a: that person is reappointed; or b: a successor to that person is appointed. 11: Vacation of office 1: Any person who holds the office of Clerk of the House of Representatives or the office of Deputy Clerk of the House of Representatives may at any time resign the office by writing addressed to the Speaker of the House of Representatives, or to the Governor-General if there is no Speaker or the Speaker is absent from New Zealand or is for any reason unable to carry out the duties of the office of Speaker, and shall so resign the office on attaining the age of 68 years. 2: The Clerk of the House of Representatives or the Deputy Clerk of the House of Representatives may at any time be removed or suspended from office by the Governor-General, upon an address from the House of Representatives, for inability to perform the functions of the office 3: At any time when Parliament is not in session, the Clerk of the House of Representatives or the Deputy Clerk of the House of Representatives may be suspended from office by the Governor-General for inability to perform the functions of the office Section 11(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 11(3) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 12: Delegation of functions or powers 1: The Clerk of the House of Representatives may delegate any of the Clerk’s functions or powers to a person described in subsection (1A), including a function or power delegated to the Clerk under— a: this Act; or b: any other Act; or c: the Standing Orders of the House of Representatives. 1A: The following persons may be a delegate: a: the Deputy Clerk, or other officer, of the House of Representatives: b: the Chief Executive of the Parliamentary Service: c: an employee of the Parliamentary Service: d: a person working for the Clerk of the House of Representatives or the Parliamentary Service as a contractor or secondee. 1B: A delegation must be made in writing. 2: Subject to any general or special directions given or conditions imposed by the Clerk of the House of Representatives, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation. 3: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 4: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices. 5: No such delegation shall affect or prevent the exercise of any function or power by the Clerk of the House of Representatives, nor shall any such delegation affect the responsibility of the Clerk of the House of Representatives for the actions of any person acting under the delegation. Section 12(1) replaced 17 November 2019 section 4 Parliamentary Agencies Delegations Legislation Act 2019 Section 12(1A) inserted 17 November 2019 section 4 Parliamentary Agencies Delegations Legislation Act 2019 Section 12(1B) inserted 17 November 2019 section 4 Parliamentary Agencies Delegations Legislation Act 2019 13: Revocation of delegations 1: Every delegation under section 12 2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the Clerk of the House of Representatives by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Clerk of the House of Representatives. Office of the Clerk of the House of Representatives 14: Establishment of Office There is hereby established as an Office of the House of Representatives an office to be called the Office of the Clerk of the House of Representatives. 15: Principal officer The Clerk of the House of Representatives shall be the principal officer of the Office of the Clerk of the House of Representatives. 16: Responsibility of Clerk The Clerk of the House of Representatives shall be responsible to the Speaker of the House of Representatives, on behalf of the House, for the efficient, effective, and economic management of the Office of the Clerk of the House of Representatives. 17: Functions of Public Service Commissioner 1: The Public Service Commissioner Public Service Commissioner section 44 1A: The Public Service Commissioner 2: For the purposes of this section, section 44 3: 4: Section 17 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 17(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(1A) inserted 18 July 2013 section 63(4) State Sector Amendment Act 2013 Section 17(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(3) repealed 7 August 2020 section 107 Public Service Act 2020 Section 17(4) repealed 7 August 2020 section 107 Public Service Act 2020 Other officers of the House of Representatives 18: Appointment of staff The Clerk of the House of Representatives may from time to time appoint, as officers of the House of Representatives and as members of the staff of the Office of the Clerk of the House of Representatives, such employees (including acting or temporary or casual employees) as the Clerk of the House of Representatives thinks necessary for the efficient exercise of the functions of the Clerk. 19: Appointments on merit The Clerk of the House of Representatives, in making an appointment under section 18 20: Obligation to notify vacancies Where the Clerk of the House of Representatives intends to fill a position that is vacant or is to become vacant in the Office of the Clerk of the House of Representatives, the Clerk of the House of Representatives shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position. 21: Obligation to notify appointments The Clerk of the House of Representatives shall notify the members of the staff of the Office of the Clerk of the House of Representatives of every appointment (other than that of an acting, temporary, or casual employee) made to the staff of that Office. 22: Review of appointments 1: The Clerk of the House of Representatives shall establish section 18 2: The procedure shall be approved by the Speaker of the House of Representatives before being established. 3: The Clerk of the House of Representatives may from time to time, Section 22(1) amended 7 August 2020 section 108(1) Public Service Act 2020 Section 22(3) amended 7 August 2020 section 108(2) Public Service Act 2020 23: Removal from office The Clerk of the House of Representatives may, subject to any conditions of employment included in any award or agreement, remove any employee appointed under section 18 24: Employment principles The Clerk of the House of Representatives shall operate a personnel policy that complies with the principle of being a good employer by following, subject to this Act, as closely as possible and as if he or she were the chief executive of a department, the provisions of sections 73 74 Section 24 amended 7 August 2020 section 135 Public Service Act 2020 Employment relations Heading substituted 2 October 2000 section 240 Employment Relations Act 2000 25: Application of Employment Relations Act 2000 Except as otherwise provided in section 26 Employment Relations Act 2000 section 18 Section 25 substituted 2 October 2000 section 240 Employment Relations Act 2000 26: Negotiation of conditions of employment 1: The Clerk of the House of Representatives must negotiate under the Employment Relations Act 2000 section 18 2: The Clerk of the House of Representatives must conduct the negotiations with a union of which employees are members. 3: In this section, union section 5 Section 26 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 26(2) replaced 7 August 2020 section 109 Public Service Act 2020 State sector Heading repealed 15 May 1991 Employment Contracts Act 1991 27: Application of provisions of State Sector Act 1988 Section 27 repealed 15 May 1991 Employment Contracts Act 1991 Government service 28: Government service 1: For the purposes of the Government Superannuation Fund Act 1956 2: Where any person who is appointed under this Act as an officer of the House of Representatives is, at the date of that person's appointment, an officer of the State services, the period of that person's service as an officer of the House of Representatives appointed under this Act shall be deemed to be continuous service in that branch of the State services in which that person was employed at that date for the purposes of— a: the Government Superannuation Fund Act 1956 b: entitlement to leave of absence. 3: No person shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Section 28(3) amended 7 August 2020 section 135 Public Service Act 2020 Financial provisions 29: Money to be appropriated by Parliament for purposes of this Act All salaries and allowances and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose. 30: Audit The Office of the Clerk of the House of Representatives is a public entity as defined in section 4 Section 30 substituted 1 July 2001 section 53 Public Audit Act 2001 Official information 31: Right of access to personal information 1: Part 4 2: Section 35 Transitional provisions 32: Transitional provisions 1: The person holding office immediately before 1 August 1988 as the Clerk of the House of Representatives shall be deemed to have been appointed to that office under this Act for a term of 7 years beginning on 1 August 1988. 2: The person holding office immediately before 1 August 1988 as the Deputy Clerk of the House of Representatives shall be deemed to have been appointed to that office under this Act for a term of 7 years beginning on 1 August 1988. 3: The persons (other than the Deputy Clerk of the House of Representatives) who, immediately before 1 August 1988, hold office (whether or not in an acting capacity) under section 26 of the Parliamentary Service Act 1985 section 18 4: Any person who, immediately before 1 August 1988, holds office (whether or not in an acting capacity) as the Director of the Select Committee Office or as a Senior Committee Secretary or as a Committee Secretary or as an Assistant Committee Secretary and who is an employee of the Parliamentary Service, shall be deemed to have been appointed to office under section 18 5: Any other person who, immediately before 1 August 1988, is an employee of the Parliamentary Service and who, on or after 1 August 1988 but before the close of 31 August 1988, is informed in writing by the Speaker of the House of Representatives that that person is to be transferred to the staff of the Office of the Clerk of the House of Representatives shall, if that person has agreed to be so transferred, be transferred accordingly and shall become, as from the close of the day on which that person is so informed in writing of his or her transfer, a member of that staff. 6: The terms and conditions of employment of the persons to whom subsections (1) to (5) apply shall, on 1 August 1988 or, in the case of a person to whom subsection (5) applies, on the date on which that person becomes a member of the staff of the Office of the Clerk of the House of Representatives, (and thereafter until varied or superseded) be, except as amended by this Act, identical with the terms and conditions of that person's employment immediately before 1 August 1988 or the date on which that person became a member of the staff of the Office of the Clerk of the House of Representatives. 7: Nothing in subsection (6) prevents any terms or conditions of employment continued in force by that subsection from being varied or superseded by a determination under the Remuneration Authority Act 1977 Section 32(7) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Amendments to other Acts Heading repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000 33: Amendments to Parliamentary Service Act 1985 Section 33 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000 34: Amendment to Constitution Act 1986 Section 34 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000

DLM129109

1988

State Sector Act 1988

1: Short Title and commencement 1: This Act may be cited as the State Sector Act 1988. 2: This Act shall come into force on 1 April 1988. 1A: Purpose The purpose of this Act is to promote and uphold a State sector system that— a: is imbued with the spirit of service to the community; and b: operates in the collective interests of government; and c: maintains appropriate standards of integrity and conduct; and d: maintains political neutrality; and e: is supported by effective workforce and personnel arrangements; and f: meets good-employer obligations; and g: is driven by a culture of excellence and efficiency; and h: fosters a culture of stewardship. Section 1A inserted 18 July 2013 section 5 State Sector Amendment Act 2013 2: Interpretation In this Act, unless the context otherwise requires,— agency applicable collective agreement appropriate Minister or departmental agency a: the Minister responsible for the department or departmental agency b: where 2 or more Ministers are responsible for different functions of a department or departmental agency or departmental agency chief executive a: in relation to a department, means, subject to section 44 section 31 aa: in relation to a departmental agency, means the person holding office under section 31 b: in relation to a tertiary education institution collective agreement Commission Commissioner section 3 conditions of employment a: includes remuneration; but b: does not include— i: allowances payable to employees serving outside New Zealand; or ii: other conditions of service of employees serving outside New Zealand Crown entity section 7 Crown Research Institute Crown Research Institutes Act 1992 Part 1 department section 27A departmental agency section 27A Deputy Commissioner section 12 education service section 10(7) employee a: means an employee in any part of the State services, whether paid by salary, wages, or otherwise; but b: does not include any chief executive i: ii: employment agreement host department section 27A individual employment agreement key position section 50(2) lockout section 82 medical practitioner section 114(1)(a) Minister ministerial staff a: by the department that is responsible for the employment of ministerial staff across all Ministers' offices; and b: to work directly for a Minister in a Minister's office rather than in a department Example The Hon Honour Able's ministerial staff includes 1 Senior Private Secretary, 1 Ministerial Secretary, 1 Ministerial Adviser, 1 Press Secretary, and 1 Private Secretary. An event that could terminate the staff's events-based agreement is Minister Able no longer holding her Ministerial portfolio. outcome a: means a state or condition of society, the economy, or the environment; and b: includes a change in that state or condition Public Service section 27 remuneration a: salary, wages, and other payments, whether in the form of bonuses or otherwise, in return for services; and b: benefits and other emoluments (whether in money or not) in return for services State services a: means all instruments of the Crown in respect of the Government of New Zealand, whether departments, corporations, agencies, or other instruments; and ab: includes a Crown entity; and aba: includes Schedule 4 Schedule 4A ac: b: includes the education service c: does not include— i: the Governor-General; or ii: any member of the Executive Council; or iii: any Minister of the Crown; or iv: any member of Parliament; or v: any corporation listed in Schedule 1 vi: any tertiary education institution stewardship strike section 81 tertiary education institution section 10(1) union Part 4 Section 2 substituted 15 May 1991 State Sector Amendment Act 1991 Section 2 agency inserted 25 January 2005 section 4(1) State Sector Amendment Act (No 2) 2004 Section 2 applicable collective agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 applicable collective employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 appropriate Minister amended 18 July 2013 section 6(1) State Sector Amendment Act 2013 Section 2 appropriate Minister amended 18 July 2013 section 6(1) State Sector Amendment Act 2013 Section 2 appropriate Minister amended 18 July 2013 section 6(1) State Sector Amendment Act 2013 Section 2 chief executive inserted 18 July 2013 section 6(2) State Sector Amendment Act 2013 Section 2 chief executive amended 25 January 2005 section 17(b) State Sector Amendment Act (No 2) 2004 Section 2 collective agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 collective employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 college of education repealed 25 January 2005 section 17(a) State Sector Amendment Act (No 2) 2004 Section 2 Crown entity replaced 18 July 2013 section 6(3) State Sector Amendment Act 2013 Section 2 Crown Research Institute inserted 25 January 2005 section 4(2) State Sector Amendment Act (No 2) 2004 Section 2 department replaced 18 July 2013 section 6(4) State Sector Amendment Act 2013 Section 2 departmental agency inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 education service replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 employee amended 18 July 2013 section 6(5)(a) State Sector Amendment Act 2013 Section 2 employee repealed 18 July 2013 section 6(5)(b) State Sector Amendment Act 2013 Section 2 employee repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 2 employer repealed 1 August 2020 section 668 Education and Training Act 2020 Section 2 employment agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 health service repealed 1 January 2001 section 108(a) New Zealand Public Health and Disability Act 2000 Section 2 host department inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 individual employment agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 individual employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 key position inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 lockout substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 ministerial staff inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 outcome inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 polytechnic repealed 25 January 2005 section 17(a) State Sector Amendment Act (No 2) 2004 Section 2 senior executive service repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 2 State services inserted 25 January 2005 section 4(3) State Sector Amendment Act (No 2) 2004 Section 2 State services inserted 18 July 2013 section 6(6) State Sector Amendment Act 2013 Section 2 State services amended 17 December 2016 section 106(1) Statutes Amendment Act 2016 Section 2 State services repealed 17 December 2016 section 106(2) Statutes Amendment Act 2016 Section 2 State services amended 1 January 2001 section 108(b) New Zealand Public Health and Disability Act 2000 Section 2 State services substituted 25 January 2005 section 4(4) State Sector Amendment Act (No 2) 2004 Section 2 stewardship inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 strike substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 tertiary education institution replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 union inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 university repealed 25 January 2005 section 17(a) State Sector Amendment Act (No 2) 2004 2A: 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. Section 2A inserted 18 July 2013 section 7 State Sector Amendment Act 2013 2B: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2B inserted 31 October 2018 section 8 State Sector and Crown Entities Reform Act 2018 1: State Services Commissioner Part 1 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 3: State Services Commissioner There shall be an officer to be called the State Services Commissioner, who shall be appointed by the Governor-General in Council on the recommendation of the Prime Minister. Section 3 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Role, functions, duties Heading substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Heading amended 18 July 2013 section 8 State Sector Amendment Act 2013 4: Commissioner to be chief executive of State Services Commission The Commissioner shall be the chief executive of the department of State known as the State Services Commission. Section 4 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 4A: Role of Commissioner The Commissioner's role is to provide leadership and oversight of the State services so as to ensure the purpose of this Act is carried out, including by— a: promoting the spirit of service to the community; and b: promoting the spirit of collaboration among agencies; and c: identifying and developing high-calibre leaders; and d: working with State services leaders to ensure that the State services maintain high standards of integrity and conduct and are led well and are trusted; and e: overseeing workforce and personnel matters in the State services; and f: advising on the design and capability of the State services; and g: evaluating the performance of Public Service leaders, including the extent to which they carry out the purpose of this Act; and h: supporting the efficient, effective, and economical achievement of good outcomes by the State services; and i: promoting a culture of stewardship in the State services. Section 4A inserted 18 July 2013 section 9 State Sector Amendment Act 2013 5: Duty of Commissioner to act independently Except as provided in sections 35 36 38 39 Public Service chief executives Section 5 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 5 amended 18 July 2013 section 10 State Sector Amendment Act 2013 6: Functions of Commissioner For the purpose of carrying out the Commissioner's role, the principal functions of the Commissioner are to— a: review the State sector system in order to advise on possible improvements to agency, sector, and system-wide performance; and b: review governance and structures across all areas of government, in order to advise on— i: the allocation and transfer of functions and powers; and ii: the cohesive delivery of services; and iii: the establishment, amalgamation, and disestablishment of agencies; and c: review the performance of each department and each departmental agency; and d: appoint leaders of the Public Service, which includes— i: acting as the employer of chief executives of departments and chief executives of departmental agencies; and ii: reviewing the performance of chief executives of departments and chief executives of departmental agencies; and e: promote leadership capability in departments and other agencies; and f: promote strategies and practices concerning government workforce capacity and capability; and g: promote good-employer obligations in the Public Service; and h: promote and reinforce standards of integrity and conduct in the State services; and i: promote transparent accountability in the State services; and j: exercise such other functions with respect to the administration and management of the Public Service as the Prime Minister from time to time directs (not being functions conferred by this Act or any other Act on a chief executive other than the Commissioner). Section 6 replaced 18 July 2013 section 11 State Sector Amendment Act 2013 7: Powers of Commissioner The Commissioner shall have all such powers as are reasonably necessary or expedient to enable the Commissioner to carry out the functions and duties imposed upon the Commissioner under this Act or any other enactment. Section 7 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 8: Power of Commissioner to conduct inspections and investigations 1: This section applies when the Commissioner is carrying out his or her functions in respect of the Public Service. 2: The Commissioner may conduct any inspections and investigations, and make and receive any reports, that the Commissioner considers necessary or the Minister directs. Section 8 substituted 25 January 2005 section 6 State Sector Amendment Act (No 2) 2004 Section 8(1) replaced 18 July 2013 section 12 State Sector Amendment Act 2013 9: Power to obtain information 1: The Commissioner may require, by written notice, 2: The 3: This section does not limit any Act that imposes a prohibition or restriction on the availability of any information. Section 9 substituted 25 January 2005 section 7 State Sector Amendment Act (No 2) 2004 Section 9(1) amended 18 July 2013 section 13(1)(a) State Sector Amendment Act 2013 Section 9(1) amended 18 July 2013 section 13(1)(b) State Sector Amendment Act 2013 Section 9(1) amended 18 July 2013 section 13(1)(c) State Sector Amendment Act 2013 Section 9(2) amended 18 July 2013 section 13(2) State Sector Amendment Act 2013 9A: Application of Inquiries Act 2013 1: This section applies if the Commissioner— a: exercises a power to investigate or inquire into any matter in the course of performing his or her functions and duties under this Act or any other Act (whether acting under a requirement imposed by or under the relevant enactment or on his or her own initiative); and b: has certified, in accordance with section 9B 2: The following provisions of the Inquiries Act 2013 a: section 10 b: section 14 c: section 15 d: section 16 e: section 17 f: sections 19 to 22 g: sections 23 to 26 h: section 29 i: section 30 j: section 31 k: sections 32 33 Official Information Act 1982 Public Records Act 2005 l: section 34 3: The provisions of the Inquiries Act 2013 a: as if the Commissioner were an inquiry established under that Act and the relevant Minister referred to in section 11 b: as if the terms document, information, and officer of an inquiry had the same meanings as in section 4 c: with the other necessary modifications. 4: A delegation under section 21 section 23 5: In exercising any powers of the Inquiries Act 2013 a: has no power to determine the civil, criminal, or disciplinary liability of any person: b: may make— i: findings of fault: ii: recommendations that further steps be taken to determine the civil, criminal, or disciplinary liability of any person: iii: findings or recommendations for the improvement and benefits of the wider State services relevant to the findings of the investigation: c: may receive a report from any person, make a report to any person, or make any public report regarding the matters investigated. Section 9A inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018 9B: Commissioner’s certificate under section 9A(1) 1: A certificate made under section 9A(1) a: be in writing and signed by the Commissioner; and b: specify the person or persons who will be conducting the investigation or the inquiry; and c: summarise the subject matter of the investigation or the inquiry; and d: set out the reason or reasons why the Commissioner is satisfied that, in order to perform his or her functions and duties, it is reasonably necessary that the provisions specified in section 9A(2) 2: The Commissioner may not delegate the power to make a certificate under section 9A(1) 3: The Commission’s annual report, required by section 43 a: a statement as to the number of certificates made by the Commissioner under section 9A(1)(b) b: for each certificate, a summary description of the matter that was the subject of the investigation or inquiry. Section 9B inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018 9C: Information privacy principles 6 and 7 do not apply during inquiry or investigation in accordance with section 9A 1: Information privacy principles 6 and 7 do not apply in respect of personal information contained in evidence given or submissions made to an inquiry or investigation conducted in accordance with section 9A 2: In subsection (1), information privacy principle personal information section 2(1) 1993 No 28 s 55 Section 9C inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018 9D: Immunities and privileges of participants in inquiry or investigation in accordance with section 9A 1: Witnesses and other persons (other than counsel) participating in an inquiry or investigation conducted in accordance with section 9A subpart 8 2: In addition to a Judge’s powers under the Evidence Act 2006 section 52 53 69 70 3: An order or a direction made by the Commissioner under subsection (2) has effect as if it were an order or a direction of a Judge under the Evidence Act 2006 4: Counsel appearing before an inquiry or investigation have the same immunities and privileges as they would have if appearing before a court. 2013 No 60 s 27 Section 9D inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018 10: Power to enter premises 1: For the purpose of carrying out the functions of the Commissioner, the Commissioner or any person specifically or generally authorised in writing in that behalf by the Commissioner, may from time to time— a: enter the premises of any department; or b: require the production of any information, documents, or files in the custody of any department, and examine any such information, documents, or files; or c: require any member of the staff of any department to answer questions for the purpose of enabling the Commissioner to carry out the functions assigned to the Commissioner. 2: Every written authorisation under subsection (1) shall contain— a: a reference to this section; and b: the full name of the authorised person; and c: a statement of the powers conferred on the authorised person by subsection (1). 3: The power to enter premises pursuant to subsection (1) shall be subject to the following conditions: a: entry shall be made only by the Commissioner or by a person specifically or generally authorised in writing by the Commissioner: aa: entry shall be made only if the Commissioner has first obtained the agreement of the Minister: b: reasonable notice of the intention to enter shall be given: c: entry shall be made at reasonable times: d: the person entering shall carry— i: evidence of that person's identity; and ii: either evidence that that person is the Commissioner or that person's written authorisation under subsection (1): iii: evidence of the agreement referred to in paragraph (aa): e: the person entering shall, on first entering the premises, and, if requested, at any subsequent time, produce to a representative of the department the evidence referred to in paragraph (d). 4: Every person shall have the same privileges in relation to— a: the production of information, documents, and files; and b: the furnishing of any information or particulars; and c: the answering of questions— under this section as witnesses have in courts of law. 5: No person shall exercise any of the powers conferred by paragraphs (a) to (c) of subsection (1) unless the Commissioner or that person has first given the chief executive of the department the opportunity of consulting with the Commissioner or that person about the exercise of those powers. 6: Nothing in this section derogates from any enactment that imposes a prohibition or restriction on— a: the availability of any information; or b: the production or examination of any information, documents, or files. Section 10 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 10(3)(aa) inserted 31 October 2018 section 10(1) State Sector and Crown Entities Reform Act 2018 Section 10(3)(d)(iii) inserted 31 October 2018 section 10(2) State Sector and Crown Entities Reform Act 2018 11: Functions and powers can be exercised in relation to other State services 1: The Commissioner must, if directed in writing by the Prime Minister, perform or exercise in relation to any part of the State services that does not form part of the Public Service any of the functions and powers specified in the direction that the Commissioner has under sections 6 to 10 2: The Commissioner may, in performing any function under section 6(h) or (i) 57(2) or (4) 57A sections 7 to 10 3: The Commissioner may, if requested by the head of any part of the State services, and must, if requested by the Minister in charge of, or responsible for, any part of the State services, perform or exercise any of the functions and powers that the Commissioner has under sections 6 to 10 4: The Commissioner may, if requested by the head of any part of the State services that does not form part of the Public Service, or of any corporation listed in Schedule 1 5: For the purpose of this section, sections 6 to 10 6: Nothing in this section— a: limits or affects any provision of this or any other Act; or b: affects or prevents the performance or exercise by any part of the State services that does not form part of the Public Service, or by any officer or employee of that part of the State services, of any function or power conferred on or belonging to that part of the State services or officer or employee. Section 11 replaced 31 October 2018 section 11 State Sector and Crown Entities Reform Act 2018 12: Deputy State Services Commissioner 1: There shall be an officer to be called the Deputy State Services Commissioner, who shall be appointed by the Governor-General in Council on the recommendation of the Prime Minister. 2: Subject to the control of the Commissioner, the Deputy Commissioner shall have and may exercise all the functions, duties, and powers of the Commissioner. 3: On the occurrence from any cause of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise), and in the case of 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 functions, duties, and powers of the Commissioner. 4: The fact that the Deputy Commissioner exercises any function, duty, or power of the Commissioner shall, in the absence of proof to the contrary, be conclusive evidence of his or her authority to do so. Section 12 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 13: Term of office 1: The Commissioner and the Deputy Commissioner shall each be appointed for such term, not exceeding 5 years, as shall be specified in the Order in Council by which the Commissioner or the Deputy Commissioner is appointed. 2: The Commissioner and the Deputy Commissioner shall each be eligible for reappointment from time to time. 3: Where a person who is employed in the State services is appointed as the Commissioner or as the Deputy Commissioner, that person's term of office as Commissioner or Deputy Commissioner shall be deemed, for the purposes of— a: the Government Superannuation Fund Act 1956 b: appointment to any position in the State services on the termination of that person's service as Commissioner or Deputy Commissioner; and c: entitlement to leave of absence,— to be continuous service in that part of the State services in which that person was employed at the date of that person's appointment as Commissioner or Deputy Commissioner. Section 13 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 14: Acting Commissioner or acting Deputy Commissioner 1: The Governor-General in Council, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or Deputy Commissioner (as applicable) in the event of— a: the incapacity of the Commissioner or Deputy Commissioner by reason of illness or absence; or b: any reasonable cause that requires the Commissioner or Deputy Commissioner to stand down (whether temporarily or in respect of a particular matter). 2: Subsection (1) also applies where the Deputy Commissioner is performing or exercising the functions, duties, and powers of the Commissioner under section 12(3) 3: No appointment of an acting Commissioner or acting Deputy Commissioner, and no act done by an acting Commissioner or acting Deputy Commissioner, as such, shall in any proceedings be questioned on the ground that the occasion for his or her appointment had not arisen or had ceased. Section 14 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 14(1) replaced 18 July 2013 section 14 State Sector Amendment Act 2013 Section 14(2) replaced 18 July 2013 section 14 State Sector Amendment Act 2013 15: Remuneration and expenses of Commissioner and Deputy Commissioner 1: The Commissioner and the Deputy Commissioner shall be paid— a: such remuneration as may from time to time be determined in each case by the Remuneration Authority b: such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time in each case by the Minister of Finance. 2: Subject to the Remuneration Authority 3: Every determination made under subsection (1) in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination. Section 15 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 15(1)(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 15(2) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 16: Removal from office 1: The Commissioner and the Deputy Commissioner may be suspended or removed from office in accordance with the following provisions of this section and not otherwise. 2: The Governor-General may suspend the Commissioner or the Deputy Commissioner from office for misbehaviour or incompetence, but the Commissioner or the Deputy Commissioner shall not be removed from office except as provided in this section. 3: The Governor-General shall cause to be laid before the House of Representatives a full statement of the grounds of any suspension within 7 sitting days after the date of that suspension. 4: Unless the House of Representatives, within 21 days from the date on which the statement in respect of the Commissioner or Deputy Commissioner suspended under this section has been laid before it, declares by resolution that the Commissioner or Deputy Commissioner, as the case may be, ought to be removed from office, the Commissioner or Deputy Commissioner, as the case may be, shall be deemed to be restored to office as from the date of his or her suspension; and, if the House of Representatives within the said time does so declare, the Commissioner or Deputy Commissioner, as the case may be, shall be removed by the Governor-General from the date of the suspension. 5: Unless the Governor-General in Council otherwise directs, the Commissioner or Deputy Commissioner who has been removed from office under this section shall not be entitled to be reappointed to the State services and shall not be entitled to a retiring allowance under the Government Superannuation Fund Act 1956 Section 16 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 17: Vacation of office 1: Any person who holds office as the Commissioner or the Deputy Commissioner shall be deemed to have vacated office if— a: without the approval of the Governor-General that person— i: engages during his or her term of office in any paid employment or business other than the duties of his or her office; or ii: is appointed to and accepts any other office or position in the State services: b: that person becomes bankrupt, compounds with his or her creditors, or makes an assignment of his or her salary for their benefit: c: that person absents himself or herself from duty except with the authority of the Governor-General: d: that person resigns in writing under his or her hand addressed to the Governor-General. 2: Notwithstanding anything in this section, the Commissioner or the Deputy Commissioner may act temporarily in any position in Section 17 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 17(2) amended 18 July 2013 section 15(a) State Sector Amendment Act 2013 Section 17(2) amended 18 July 2013 section 15(b) State Sector Amendment Act 2013 Section 17(2) amended 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 18: Superannuation rights of Commissioner and Deputy Commissioner Where any person who is a contributor to the Government Superannuation Fund is appointed as Commissioner or Deputy Commissioner, that person shall, unless— a: he or she is reappointed as Commissioner or Deputy Commissioner or, in the case of a person holding office as Deputy Commissioner, becomes the successor of the Commissioner; or b: he or she is appointed to another office in the Government service (within the meaning of the Government Superannuation Fund Act 1956 c: he or she has ceased to be a contributor to the Government Superannuation Fund; or d: he or she is not entitled under section 16(5) be allowed to receive from the Fund an annual retiring allowance for the rest of his or her life computed in the manner prescribed by Part 2 Part 2A Section 18 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 19: Annual report 1: The Commissioner shall, as soon as practicable after the end of each financial year, furnish to the Minister a report on the operations of the Commissioner for that year, and on such other matters affecting the State services as the Commissioner thinks fit. 2: The report must be presented and published in accordance with section 44 Section 19 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 19(2) substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 20: Power to incorporate annual report of Commission in Commissioner's annual report The Commissioner may incorporate in his or her report under section 19 section 43 Section 20 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 20 amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 21: Advisory committees 1: The Commissioner may from time to time appoint such advisory committees as the Commissioner considers appropriate to assist the Commissioner in carrying out any of the functions of the Commissioner. 2: The Commissioner may authorise any advisory committee appointed under this section to make such enquiries or to conduct such research or to make such reports as may assist the efficient carrying out of the functions of the Commissioner. 3: In determining the membership of any advisory committee, the Commissioner shall have due regard to the nature of the community interest in the particular matter or matters to be addressed by that advisory committee. Section 21 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 22: Remuneration of advisory committees 1: The Commissioner shall pay persons appointed to any advisory committee under section 21 2: No person shall be deemed to be employed in the service of Her Majesty by reason of appointment to an advisory committee under section 21 Section 22 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 23: Delegation of functions or powers 1: The Commissioner may from time to time, either generally or particularly, delegate to any person or persons any of the functions or powers of the Commissioner under this Act or any other Act, including functions or powers delegated to the Commissioner under any Act. 1A: The power conferred by subsection (1) includes (without limitation) power to delegate to any person, either generally or particularly,— a: the conduct of any investigation or inquiry that the Commissioner is required or empowered to conduct under this Act or any other Act: b: all or any of the functions and powers that the Commissioner has under this Act or that other Act in relation to the investigation or inquiry. 2: Every delegation under this section shall be in writing. 3: No delegation under this section shall include— a: the power to delegate under this section; or b: the Commissioner's powers under sections 35 36 c: the Commissioner's powers under section 39 . d: e: 4: In any case where the Commissioner has, pursuant to subsection (1), delegated any of the functions or powers of the Commissioner to any person, that person may, with the prior approval in writing of the Commissioner, delegate such of those functions or powers as the Commissioner approves to any other person or to the holder for the time being of any specified office in the State services. 5: Subject to any general or special directions given or conditions imposed by the Commissioner, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation. 6: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 7: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or of specified classes of offices. 8: No such delegation shall affect or prevent the exercise of any function or power by the Commissioner nor shall any such delegation affect the responsibility of the Commissioner for the actions of any person acting under the delegation. Section 23 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 23(1A) inserted 31 October 2018 section 12 State Sector and Crown Entities Reform Act 2018 Section 23(3)(c) amended 18 July 2013 section 16 State Sector Amendment Act 2013 Section 23(3)(d) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 23(3)(e) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 24: Revocation of delegations 1: Every delegation under section 23 2: Any such delegation shall, until it is revoked, continue in force according to its tenor, notwithstanding that the Commissioner by whom it was made may have ceased to hold office and shall continue to have effect as if made by the successor in office of that Commissioner. Section 24 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 25: Power to summon witnesses Section 25 repealed 31 October 2018 section 13 State Sector and Crown Entities Reform Act 2018 26: Fees and expenses in connection with investigation or inquiry Section 26 repealed 31 October 2018 section 13 State Sector and Crown Entities Reform Act 2018 2: The Public Service 27: Public Service defined The Public Service comprises departments (and any departmental agencies that are part of those departments). Section 27 replaced 18 July 2013 section 17 State Sector Amendment Act 2013 27A: Meaning of department, host department, and departmental agency 1: In this Act,— department Schedule 1 departmental agency Schedule 1A host department Schedule 1A 2: Unless the context otherwise requires, every reference in this or any other enactment to a department includes any departmental agency that is part of the department. Section 27A inserted 18 July 2013 section 17 State Sector Amendment Act 2013 27B: Relationship between departments and departmental agencies Except as provided in this or any other enactment,— a: the functions, duties, and powers of a departmental agency may be determined by the appropriate Minister of the departmental agency in conjunction with the appropriate Minister of the host department; and b: the working arrangements between a departmental agency and its host department must be agreed by their respective chief executives and approved by their appropriate Ministers. Section 27B inserted 18 July 2013 section 17 State Sector Amendment Act 2013 28: Delegation of functions or powers of appropriate Minister 1: The appropriate Minister in relation to a department or departmental agency or departmental agency 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 appropriate Minister to delegate under this section— a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister's functions or powers; but b: does not limit any power of delegation conferred on the Minister by any other Act. 5: Subject to any general or special directions given or conditions imposed by the appropriate Minister, the chief executive may exercise any functions or powers so delegated to the chief executive in the same manner and with the same effect as if they had been conferred on the chief executive directly by this section and not by delegation. 6: Where the chief executive purports to act pursuant to any delegation under this section, the chief executive 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 appropriate Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation. Section 28(1) amended 18 July 2013 section 18 State Sector Amendment Act 2013 29: Revocation of delegations 1: Every delegation under section 28 2: Any such delegation, until it is revoked, shall continue in force according to its tenor. 3: In the event of the appropriate Minister by whom any such delegation has been made ceasing to hold office,— a: it shall continue to have effect as if made by the person for the time being holding office as the appropriate Minister; and b: the chief executive shall forthwith advise the then appropriate Minister of the terms of any such delegation. 4: In the event of the chief executive to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as chief executive or, if there is no chief executive in office or if the chief executive is absent from duty, to the person for the time being directed to act in the place of the chief executive. 30: Annual reports of departments Section 30 repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 30A: Amendment of Schedule 1 and Schedule 1A 1: The Governor-General may, by Order in Council, amend Schedule 1 disestablished 1A: The Governor-General may, by Order in Council, amend Schedule 1A 2: To avoid doubt, this section does not limit the need for a department or departmental agency disestablished Section 30A inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30A heading amended 18 July 2013 section 19(1) State Sector Amendment Act 2013 Section 30A(1) amended 18 July 2013 section 19(2) State Sector Amendment Act 2013 Section 30A(1A) inserted 18 July 2013 section 19(3) State Sector Amendment Act 2013 Section 30A(2) amended 18 July 2013 section 19(4)(a) State Sector Amendment Act 2013 Section 30A(2) amended 18 July 2013 section 19(4)(b) State Sector Amendment Act 2013 30B: Effect of reorganisations within Public Service on employees A transfer of functions from one department ( Department A Department B sections 30H(2) and (3) 30I(2) and (3) Section 30B inserted 2 August 2003 section 4 State Sector Amendment Act 2003 30C: Application of employee provisions to reorganisations between departments Section 30C repealed 18 July 2013 section 20 State Sector Amendment Act 2013 30D: Application of employee provisions to transfers from Crown entities to departments Section 30D repealed 18 July 2013 section 20 State Sector Amendment Act 2013 30E: Restriction of compensation for technical redundancy arising from reorganisations Section 30E repealed 18 July 2013 section 20 State Sector Amendment Act 2013 30F: Reappointment of employees following reorganisations Section 30F repealed 18 July 2013 section 20 State Sector Amendment Act 2013 30G: Application of collective agreements to employees following reorganisations Section 30G repealed 18 July 2013 section 20 State Sector Amendment Act 2013 30H: Consequential changes to references to departments or departmental agencies or employees of departments 1: If an enactment or other thing refers to a particular department or departmental agency or departmental agency's or departmental agency 2: If an enactment or other thing refers to a particular department or departmental agency or departmental agency disestablished or new responsible departmental agency 3: If an enactment or other thing refers to a particular department or departmental agency elsewhere in the Public Service or new responsible departmental agency 3A: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department's name has changed, the reference must be read as a reference to the employees of the department under its new name. 3B: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department has been disestablished, the reference must be read as a reference to the employees of the new responsible department. 3C: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service, the reference must be read as a reference to the employees who perform the relevant functions. 4: In this section, the new responsible department or new responsible departmental agency or departmental agency Section 30H inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30H heading amended 18 July 2013 section 21(1) State Sector Amendment Act 2013 Section 30H heading amended 18 July 2013 section 21(2) State Sector Amendment Act 2013 Section 30H(1) amended 18 July 2013 section 21(3)(a) State Sector Amendment Act 2013 Section 30H(1) amended 18 July 2013 section 21(3)(b) State Sector Amendment Act 2013 Section 30H(1) amended 18 July 2013 section 21(3)(c) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)(a) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)(b) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)(c) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)(d) State Sector Amendment Act 2013 Section 30H(3) amended 18 July 2013 section 21(5)(a) State Sector Amendment Act 2013 Section 30H(3) amended 18 July 2013 section 21(5)(b) State Sector Amendment Act 2013 Section 30H(3) amended 18 July 2013 section 21(5)(c) State Sector Amendment Act 2013 Section 30H(3A) inserted 18 July 2013 section 21(6) State Sector Amendment Act 2013 Section 30H(3B) inserted 18 July 2013 section 21(6) State Sector Amendment Act 2013 Section 30H(3C) inserted 18 July 2013 section 21(6) State Sector Amendment Act 2013 Section 30H(4) amended 18 July 2013 section 21(7)(a) State Sector Amendment Act 2013 Section 30H(4) amended 18 July 2013 section 21(7)(b) State Sector Amendment Act 2013 30I: Consequential changes to references to chief executives following reorganisations 1: If an enactment or other thing refers to a particular designation of a chief executive or a chief executive of a particular department or departmental agency or departmental agency or departmental agency's 2: If an enactment or other thing refers to a chief executive of a particular department or departmental agency or departmental agency disestablished 3: If an enactment or other thing refers to a chief executive of a particular department or departmental agency elsewhere in the Public Service 4: In this section, the new responsible chief executive or departmental agency Section 30I inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30I(1) amended 18 July 2013 section 22(1)(a) State Sector Amendment Act 2013 Section 30I(1) amended 18 July 2013 section 22(1)(b) State Sector Amendment Act 2013 Section 30I(1) amended 18 July 2013 section 22(1)(c) State Sector Amendment Act 2013 Section 30I(2) amended 18 July 2013 section 22(2)(a) State Sector Amendment Act 2013 Section 30I(2) amended 18 July 2013 section 22(2)(b) State Sector Amendment Act 2013 Section 30I(2) amended 18 July 2013 section 22(2)(c) State Sector Amendment Act 2013 Section 30I(3) amended 18 July 2013 section 22(3)(a) State Sector Amendment Act 2013 Section 30I(3) amended 18 July 2013 section 22(3)(b) State Sector Amendment Act 2013 Section 30I(4) amended 18 July 2013 section 22(4) State Sector Amendment Act 2013 30J: Application of consequential changes to references 1: Sections 30H 30I a: apply to things that are in force or existing at the time of the name change, disestablishment b: apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices. 2: Regulations made under section 30K sections 30H 30I disestablishment 3: To avoid doubt, sections 30H 30I disestablished sections 30H 30I disestablishment 4: Sections 30H(1) and (2) 30I(1) and (2) Schedule 1 disestablishment 5: Sections 30H 30I a: apply to collective employment agreements subject to sections 30B 30G b: do not apply to individual employment agreements. Section 30J inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30J(1)(a) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 Section 30J(2) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 Section 30J(3) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 Section 30J(3) amended 18 July 2013 section 23(2) State Sector Amendment Act 2013 Section 30J(4) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 30K: Other saving and transitional matters arising from reorganisations within Public Service The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment Section 30K inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30K amended 18 July 2013 section 24 State Sector Amendment Act 2013 30L: Effect of reorganisations within Public Service 1: The disestablishment a: property, rights, or obligations of the Crown (whether or not in the name of the Crown or of a particular department, chief executive, or other person in a department); or b: the commencement or continuation of proceedings by or against the Crown (whether or not in the name of the Crown or of a particular department, chief executive, or other person in a department). 2: In this section, property 3: This section does not limit sections 30A to 30K 4: This section applies for the avoidance of doubt. Section 30L inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30L(1) amended 18 July 2013 section 25 State Sector Amendment Act 2013 3: Chief executives 31: Chief executives 1: Each department and each departmental agency must have, as its administrative head, a chief executive. 2: Each chief executive shall be known— a: by the designation fixed by Act of Parliament in respect of that chief executive; or b: where the designation of a chief executive is not fixed by Act of Parliament, by the designation given to that chief executive from time to time by the Prime Minister. Section 31(1) replaced 18 July 2013 section 26 State Sector Amendment Act 2013 32: Principal responsibilities 1: The chief executive of a department or departmental agency is responsible to the appropriate Minister for— a: the department's or departmental agency's carrying out the purpose of this Act; and b: the department's or departmental agency's responsiveness on matters relating to the collective interests of government; and c: the stewardship of the department or departmental agency, including of its medium- and long-term sustainability, organisational health, capability, and capacity to offer free and frank advice to successive governments; and d: the stewardship of— i: assets and liabilities on behalf of the Crown that are used by or relate to (as applicable) the department or departmental agency; and ii: the legislation administered by the department or departmental agency; and e: the performance of the functions and duties and the exercise of the powers of the chief executive or of the department or departmental agency (whether imposed by any enactment or by the policies of the Government); and f: the tendering of free and frank advice to Ministers; and g: the integrity and conduct of the employees for whom the chief executive is responsible; and h: the efficient and economical delivery of the goods or services provided by the department or departmental agency and how effectively those goods or services contribute to the intended outcomes. 2: Except as provided in any other enactment,— a: the chief executive of a department is not responsible for the performance of functions or duties or the exercise of powers by that part of the department that comprises any departmental agency hosted by the department; and b: the chief executive of a departmental agency is responsible only for the performance of functions or duties or the exercise of powers by that part of the department that comprises the departmental agency. Section 32 replaced 18 July 2013 section 27 State Sector Amendment Act 2013 33: Duty to act independently 1: Despite section 32 a: the chief executive of a department is responsible for acting independently (and is not responsible to the appropriate Minister); and b: the chief executive of a departmental agency is responsible for acting independently (and is not responsible to the appropriate Minister or to the chief executive of the host department). 2: The independence provided in subsection (1) is subject to— a: the requirement in section 50(4) b: the requirement in section 59(5) Section 33 replaced 18 July 2013 section 28 State Sector Amendment Act 2013 34: Functions, responsibilities, duties, and powers 1: The functions, responsibilities, duties, and powers imposed on or given to the chief executive of a department or departmental agency 2: The chief executive of a department or departmental agency or departmental agency Section 34(1) amended 18 July 2013 section 29(1) State Sector Amendment Act 2013 Section 34(2) amended 18 July 2013 section 29(1) State Sector Amendment Act 2013 Section 34(2) amended 18 July 2013 section 29(2) State Sector Amendment Act 2013 35: Appointment of chief executives 1: Subject to sections 36 37 and 44 Commissioner 2: Where there is a vacancy or an impending vacancy in the position of chief executive of a department or departmental agency Commissioner a: inform the Minister of that vacancy or impending vacancy; and b: invite the Minister to inform the Commissioner Commissioner 3: The Commissioner the Commissioner 4: A panel comprising— a: the Commissioner or Deputy Commissioner b: the Deputy Commissioner or an employee of the Commissioner c: 1 or more persons to be appointed by the Commissioner after consultation with the appropriate Minister or appropriate Ministers,— shall be established in respect of each vacancy. 4AA: In relation to a vacancy or an impending vacancy in the position of chief executive of a departmental agency, the panel established under subsection (4) must also include the chief executive of the host department. 4A: The panel a: examine applicants for the position; and b: seek advice from such other sources as the panel considers relevant; and c: deliberate on the person to be recommended for appointment. 4B: Following the deliberations of the panel, the chairperson 5: The chairperson the chairperson 6: The chairperson 7: The Minister shall refer the chairperson's 8: The Governor-General in Council shall decide whether the chairperson's 9: The Minister shall inform the chairperson the chairperson's 10: Where the chairperson's the chairperson a: appoint the person recommended; and b: announce publicly that the appointment has been made. 11: Where the chairperson's a: the Governor-General in Council may direct the chairperson b: the Governor-General in Council shall not be required to comply with the preceding subsections of this section: c: notice of the making of an appointment pursuant to a direction under paragraph (a) shall be published in the Gazette 12: Section 35(1) amended 18 July 2013 section 30(1) State Sector Amendment Act 2013 Section 35(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(2) amended 18 July 2013 section 30(2) State Sector Amendment Act 2013 Section 35(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(2)(b) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(4) substituted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(4)(a) amended 18 July 2013 section 30(3) State Sector Amendment Act 2013 Section 35(4)(b) amended 18 July 2013 section 30(4) State Sector Amendment Act 2013 Section 35(4AA) inserted 18 July 2013 section 30(5) State Sector Amendment Act 2013 Section 35(4A) inserted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(4A) amended 18 July 2013 section 30(6) State Sector Amendment Act 2013 Section 35(4B) inserted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(4B) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(5) substituted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(5) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(5) amended 18 July 2013 section 30(8) State Sector Amendment Act 2013 Section 35(6) substituted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(6) amended 18 July 2013 section 30(8) State Sector Amendment Act 2013 Section 35(7) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(8) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(9) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(9) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(10) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(10) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(11) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(11)(a) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(12) repealed 18 July 2013 section 30(10) State Sector Amendment Act 2013 36: Reappointment of chief executives 1: The Commissioner may recommend to the Minister that the existing chief executive of a department or departmental agency be reappointed for a further term. 1A: Section 35(7) to (10) 2: The Commissioner may make a recommendation under subsection (1) without first notifying the impending vacancy or examining other applicants or establishing a panel under section 35(4) Section 36 substituted 19 December 1989 section 6 State Sector Amendment Act (No 2) 1989 Section 36(1) replaced 18 July 2013 section 31 State Sector Amendment Act 2013 Section 36(1A) inserted 18 July 2013 section 31 State Sector Amendment Act 2013 37: Appointment and reappointment of Government Statistician 1: The Commissioner 2: Subject to subsection (5), the Commissioner section 35 have been complied with, and must announce publicly that the appointment has been made 3: Nothing in subsections (6) to (11) of section 35 section 36 4: The Commissioner 5: The Commissioner Section 37(1) amended 18 July 2013 section 32(1) State Sector Amendment Act 2013 Section 37(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 37(2) amended 18 July 2013 section 32(2)(a) State Sector Amendment Act 2013 Section 37(2) amended 18 July 2013 section 32(2)(b) State Sector Amendment Act 2013 Section 37(2) amended 18 July 2013 section 32(2)(c) State Sector Amendment Act 2013 Section 37(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 37(4) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 37(5) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 37A: Transfer of chief executives 1: The Commissioner may recommend to the Minister that a chief executive of a department or departmental agency be transferred into a vacancy or an impending vacancy in the position of chief executive in— a: that department or departmental agency (as applicable); or b: another department or departmental agency. 2: Section 35(7) to (10) section 35(6) 3: Section 35(6) to (11) 4: Before making a recommendation under subsection (1), the Commissioner must— a: believe on reasonable grounds that the transfer would be in the public interest; and b: obtain the chief executive's agreement to the transfer; and c: consult the appropriate Ministers. 5: The Commissioner may make a recommendation under subsection (1) without notifying the vacancy or impending vacancy or examining other applicants or establishing a panel under section 35(4) Section 37A inserted 18 July 2013 section 33 State Sector Amendment Act 2013 38: Conditions of employment of chief executives 1AA: The Commissioner has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in relation to chief executives. 1: Every chief executive shall be appointed for a term of not more than 5 years. 2: Every chief executive shall be eligible for reappointment from time to time. 3: Except where specific conditions of employment for a chief executive are provided in this Act, the conditions of employment of a chief executive shall be determined in each case by agreement between the Commissioner Commissioner must consult about the conditions 4: In the case of the Government Statistician, the Commissioner consult Section 38(1AA) inserted 18 July 2013 section 34(1) State Sector Amendment Act 2013 Section 38(3) amended 18 July 2013 section 34(2)(a) State Sector Amendment Act 2013 Section 38(3) amended 18 July 2013 section 34(2)(b) State Sector Amendment Act 2013 Section 38(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 38(4) amended 24 October 2019 section 149 Statutes Amendment Act 2019 Section 38(4) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 39: Removal from office 1: The Commissioner or departmental agency 2: The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency under subsection (1). Section 39(1) amended 18 July 2013 section 35(1) State Sector Amendment Act 2013 Section 39(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 39(2) inserted 18 July 2013 section 35(2) State Sector Amendment Act 2013 40: Acting chief executive 1: Where— a: there is a vacancy in the position of a chief executive; or b: a chief executive is absent from duty (from whatever cause arising) and that chief executive is unable to delegate his or her responsibilities under this Act to any other person under section 41 all or any of the functions, duties, and powers c: a chief executive of another department or departmental agency d: e: any person,— for the time being appointed appointment made 1A: Where a new department or departmental agency is to be established on a certain date, the Commissioner may appoint as an acting chief executive any person the Commissioner considers suitable to exercise and perform all or any of the functions, duties, and powers of the chief executive of that new department or departmental agency. 1B: The position of an acting chief executive appointed under subsection (1A) ceases to exist on the date a chief executive of the new department or departmental agency takes office after being appointed under section 35 2: No such appointment appointment appointment 3: The Commissioner appointed or (1A) functions, duties, and powers Section 40(1) substituted 19 December 1989 section 7 State Sector Amendment Act (No 2) 1989 Section 40(1) amended 18 July 2013 section 36(1) State Sector Amendment Act 2013 Section 40(1) amended 18 July 2013 section 36(4)(a) State Sector Amendment Act 2013 Section 40(1) amended 18 July 2013 section 36(4)(b) State Sector Amendment Act 2013 Section 40(1) amended 18 July 2013 section 36(4)(c) State Sector Amendment Act 2013 Section 40(1)(c) amended 18 July 2013 section 36(2) State Sector Amendment Act 2013 Section 40(1)(d) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 40(1)(e) replaced 18 July 2013 section 36(3) State Sector Amendment Act 2013 Section 40(1A) inserted 18 July 2013 section 36(5) State Sector Amendment Act 2013 Section 40(1B) inserted 18 July 2013 section 36(5) State Sector Amendment Act 2013 Section 40(2) amended 18 July 2013 section 36(6) State Sector Amendment Act 2013 Section 40(3) amended 18 July 2013 section 36(7)(a) State Sector Amendment Act 2013 Section 40(3) amended 18 July 2013 section 36(7)(b) State Sector Amendment Act 2013 Section 40(3) amended 18 July 2013 section 36(7)(c) State Sector Amendment Act 2013 Section 40(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 41: Delegation of functions or powers 1: A Public Service chief executive may, either generally or particularly, delegate in writing to a person described in subsection (1A) or (2A) any of the functions or powers of the chief executive under this Act or any other Act (including functions or powers delegated to the chief executive under this Act or any other Act), except that— a: the delegation of functions or powers delegated to the chief executive by a Minister requires the prior written approval of that Minister; and b: the delegation of functions or powers delegated to the chief executive by the Commissioner requires the prior written approval of the Commissioner. 1A: The following persons may be a delegate under subsection (1) or a subdelegate under subsection (2): a: another Public Service chief executive: b: a Public Service employee: c: an individual working in the Public Service as a contractor or as a secondee from elsewhere in the State services in relation to a function or power of the Public Service: d: the holder for the time being of any specified office in the Public Service. 2: A person to whom a function or power has been delegated under subsection (1) by a chief executive may, with the prior written approval of that chief executive, subdelegate the function or power to any other person described in subsection (1A). 2A: A Public Service chief executive may delegate under subsection (1) a clearly identified function or power to a person outside the Public Service (whether or not the person is within the State services), but only after— a: obtaining the appropriate Minister's prior written approval; and b: satisfying himself or herself that any potential conflicts of interest will be avoided or managed. 2B: However, a delegate described in subsection (2A) may not subdelegate the delegated power or function under subsection (2) 2C: A delegation described in subsection (2A) must be noted, with a description of how effectively the delegated function or power was performed or exercised,— a: in the case of a delegation made by the chief executive of a department, in the annual report of that department; or b: in the case of a delegation made by the chief executive of a departmental agency, in the annual report of that departmental agency. 2D: A delegate described in subsection (2A) must comply with the following obligations in relation to the performance of a delegated function or the exercise of a delegated power (in the same way as a delegate described in subsection (1A) must comply with them): a: all relevant statutory obligations; and b: all relevant obligations in a code of conduct set by the Commissioner under section 57(2) 2E: Any information held by a delegate described in subsection (2A) in relation to the performance of a delegated function or the exercise of a delegated power is, for the purposes of the Official Information Act 1982 see section 2(5) a: in the case of a delegation made by the chief executive of a department, that department; or b: in the case of a delegation made by the chief executive of a departmental agency, the host department of that departmental agency. 2F: In relation to the performance of a delegated function or the exercise of a delegated power, the Ombudsmen Act 1975 Official Information Act 1982 Schedule 1 3: Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner , subject to the same restrictions, 4: The power of the chief executive to delegate under this section— a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the chief executive's functions or powers; but b: shall not limit any power of delegation conferred on the chief executive by any other Act. 4A: Where a written document is used to inform a person of an action taken by a delegate described in subsection (2A), the document must— a: state that the action was taken by a delegate outside the Public Service; and b: give the delegate's name and office; and c: state that a copy of the instrument of delegation may be inspected at the chief executive's office. 5: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 6: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices. 7: No such delegation shall affect or prevent the exercise of any function or power by the chief executive, nor shall any such delegation affect the responsibility of the chief executive for the actions of any person acting under the delegation. Section 41(1) replaced 18 July 2013 section 37(1) State Sector Amendment Act 2013 Section 41(1A) inserted 18 July 2013 section 37(2) State Sector Amendment Act 2013 Section 41(2) replaced 18 July 2013 section 37(3) State Sector Amendment Act 2013 Section 41(2A) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2B) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2C) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2D) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2E) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2F) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(3) amended 18 July 2013 section 37(5) State Sector Amendment Act 2013 Section 41(4A) replaced 5 December 2013 section 4 State Sector Amendment Act (No 2) 2013 42: Revocation of delegations 1: Every delegation under section 41 2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the chief executive by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that chief executive. 43: Review of performance of chief executive 1: The Commissioner 1A: When reviewing the performance of a chief executive of a departmental agency, the Commissioner must consult the chief executive of the host department. 2: In carrying out the Commissioner Section 43(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 43(1A) inserted 18 July 2013 section 38 State Sector Amendment Act 2013 Section 43(2) amended 17 December 2016 section 107 Statutes Amendment Act 2016 Section 43(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 44: Special provisions in relation to certain chief executives 1: Nothing in sections 35 36 38 39 43 1A: Nothing in sections 35 36 38 39 section 43 a: must only pertain to the Solicitor-General's responsibilities as the chief executive of a department; and b: must not pertain to the performance of the independent and constitutional functions of the Solicitor-General or the performance of persons assisting the Solicitor-General in the performance of those functions. 2: For the purposes of this Act,— a: the Solicitor-General is the chief executive of the Crown Law Office: b: the State Services Commissioner is the chief executive of the State Services Commission. Section 44(1) replaced 28 September 2017 section 331(1) Intelligence and Security Act 2017 Section 44(1A) inserted 18 July 2013 section 39(3) State Sector Amendment Act 2013 Section 44(2) replaced 28 September 2017 section 331(2) Intelligence and Security Act 2017 45: Application of Labour Relations Act 1987 in respect of chief executives Section 45 repealed 15 May 1991 State Sector Amendment Act 1991 4: Senior leadership and management capability in Public Service Part 4 substituted 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 46: Object The object of this Part is to specify the Commissioner's responsibilities for developing senior leadership and management capability in the Public Service. Section 46 replaced 18 July 2013 section 40 State Sector Amendment Act 2013 47: Responsibilities of Commissioner 1: The Commissioner is responsible for developing and implementing a strategy for the development of senior leadership and management capability in the Public Service, which could include, for example, the flexible deployment of individuals to developmental roles in the Public Service (with the agreement of the individuals and the relevant chief executives). 2: The Commissioner may promote the strategy to other agencies in the State services, and may invite employees in the State services to participate in initiatives under the strategy (with the agreement of the relevant chief executives). Section 47 replaced 18 July 2013 section 40 State Sector Amendment Act 2013 48: Responsibilities of chief executives Each chief executive of a department or departmental agency is responsible for— a: developing senior leadership and management capability in the department or departmental agency; and b: assisting the Commissioner to fulfil the Commissioner's responsibilities under section 47 Section 48 replaced 18 July 2013 section 40 State Sector Amendment Act 2013 49: Secondments 1: The Commissioner may arrange for a State services employee to be seconded elsewhere in the State services (with the agreement of the employee and the relevant chief executives) for the purpose of developing senior leadership and management capability in the State services. 2: Sections 60 61 65 Section 49 substituted 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 Section 49(1) replaced 18 July 2013 section 41 State Sector Amendment Act 2013 50: Key positions in Public Service 1: After consulting the chief executive of a department or departmental agency, the Commissioner may designate a position in the department or departmental agency that meets the criteria in subsection (2) as a key position. 2: For the purposes of this section and section 33(2)(a) key position a: because of its potential to develop senior leaders; or b: because it is critical to the Public Service. 3: The Commissioner must publish a list of key positions on an Internet site maintained by or on behalf of the Commissioner. 4: A chief executive may only appoint an employee to a key position with the Commissioner's agreement. Section 50 replaced 18 July 2013 section 42 State Sector Amendment Act 2013 51: Appointments to positions in the senior executive service Section 51 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 52: Conditions of employment for senior executive service Section 52 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 53: Removal from office Section 53 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 54: Conditions where person not reappointed Section 54 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 55: Training for senior executive service Section 55 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 5: Government workforce policy and personnel provisions Part 5 heading replaced 18 July 2013 section 43 State Sector Amendment Act 2013 1: Government workforce policy Subpart 1 inserted 18 July 2013 section 44 State Sector Amendment Act 2013 55A: Commissioner's functions in relation to this subpart The Commissioner has the following functions in relation to this subpart: a: to provide advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on workforce matters; and b: to consider whether to draft and submit draft government workforce policy for ministerial approval as a Government Workforce Policy Statement; and c: to advise affected agencies on the operation of any Government Workforce Policy Statement; and d: to facilitate the operation of any Government Workforce Policy Statement in conjunction with affected agencies. Section 55A inserted 18 July 2013 section 44 State Sector Amendment Act 2013 55B: Government workforce policy 1: The Commissioner may draft government workforce policy and, after consulting the affected agencies and any other parties that the Commissioner considers appropriate, submit it to the Minister for his or her consideration. 2: Government workforce policy must relate to workforce (including employment and workplace) matters for the purpose of fostering a consistent, efficient, and effective approach to such matters across the State sector. 3: Workforce matters may, without limitation, address (in relation to the affected agency or agencies)— a: the Government's expectations about the negotiation of collective agreements and individual employment agreements in the State services (being expectations that do not determine pay or conditions); and b: the development of workforce strategy. 4: Government workforce policy must specify the agency or agencies to which it applies, which may be any or all of the following: a: a department or departments: b: a Crown agent or Crown agents: c: an autonomous Crown entity or autonomous Crown entities. 5: The Minister may approve government workforce policy as a Government Workforce Policy Statement. 6: A Government Workforce Policy Statement is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 section 41 Section 55B inserted 18 July 2013 section 44 State Sector Amendment Act 2013 Section 55B(6) replaced 5 August 2013 section 65 State Sector Amendment Act 2013 55C: Government Workforce Policy Statement: process 1: As soon as practicable after the Minister's approval under section 55B(5) a: send the Government Workforce Policy Statement to the affected agencies; and b: publish the Government Workforce Policy Statement on an Internet site maintained by, or on behalf of, the Commissioner. 2: A Government Workforce Policy Statement may be amended, revoked, or replaced in the same way as it may be made. Section 55C inserted 18 July 2013 section 44 State Sector Amendment Act 2013 55D: Government Workforce Policy Statement: implementation 1: A department must give effect to a Government Workforce Policy Statement. 2: A Crown agent must give effect to a Government Workforce Policy Statement. 3: An autonomous Crown entity must have regard to a Government Workforce Policy Statement. 4: Despite subsections (1) to (3), a Government Workforce Policy Statement may not— a: create, alter, or remove employment or other legal rights or obligations; or b: determine or alter the content of the law applying to employees or chief executives or the Commissioner. Section 55D inserted 18 July 2013 section 44 State Sector Amendment Act 2013 2: Personnel provisions Subpart 2 heading inserted 18 July 2013 section 44 State Sector Amendment Act 2013 56: General principles 1: The chief executive of a department must— a: operate a personnel policy that complies with the principle of being a good employer; and b: make that policy (including the equal employment opportunities programme) available to its employees; and c: ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance. 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 (except in the case of ministerial staff) 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 Service; and e: opportunities for the enhancement of the abilities of individual employees; and f: recognition of the aims and aspirations and employment requirements, 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), each chief executive shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest. 4: Section 56(1) substituted 25 January 2005 section 10(1) State Sector Amendment Act (No 2) 2004 Section 56(2)(c) amended 18 July 2013 section 45 State Sector Amendment Act 2013 Section 56(2)(f) substituted 25 January 2005 section 10(2) State Sector Amendment Act (No 2) 2004 Section 56(4) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 57: Commissioner may set minimum standards of integrity and conduct 1: The Commissioner may set minimum standards of integrity and conduct that are to apply in— a: the Public Service: b: all or any Crown entities (except for tertiary education institutions and Crown Research Institutes and any of their subsidiaries) ba: companies named in Schedule 4A c: the Parliamentary Counsel Office: d: the Parliamentary Service. 2: The Commissioner may set those minimum standards by issuing a code of conduct and applying it in accordance with subsection (3), by written notice to the agency or to those concerned 3: The Commissioner may apply a code, with any variations that the Commissioner thinks appropriate in light of the legal, commercial, or operational context, to any of the following: a: any agency or agencies referred to in subsection (1): b: any particular persons or groups of persons in relation to an agency or agencies referred to in subsection (1) who— i: are undertaking particular functions, duties, or powers: ii: are the board: iii: are board members: iv: are office holders: v: are chief executives: vi: are employees: vii: are individuals working as contractors or secondees. 4: The Commissioner's functions include providing advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on matters, or at times, that affect the integrity and conduct of those within the State services (including, for example, on the interpretation of relevant standards and on the application of a code of conduct in specific cases). 1988 No 20 ss 6(ha) 57C(2) Section 57 substituted 25 January 2005 section 11 State Sector Amendment Act (No 2) 2004 Section 57(1)(b) amended 18 July 2013 section 46(1) State Sector Amendment Act 2013 Section 57(1)(ba) inserted 18 July 2013 section 46(2) State Sector Amendment Act 2013 Section 57(2) amended 31 October 2018 section 14(1) State Sector and Crown Entities Reform Act 2018 Section 57(3) replaced 31 October 2018 section 14(2) State Sector and Crown Entities Reform Act 2018 Section 57(4) inserted 18 July 2013 section 46(3) State Sector Amendment Act 2013 Section 57 compare note inserted 18 July 2013 section 46(4) State Sector Amendment Act 2013 57A: Agencies must comply with minimum standards except in particular circumstances 1: Agencies, persons, and groups of persons must comply with any standards that apply to them under section 57(3) 2: However, an agency referred to in section 57(1)(b) to (d) a: obtained the prior written approval of its responsible Minister to the derogation; and b: sent a copy of the approval to the Commissioner. 3: This section does not prevent an agency or a person or a group that apply under section 57(3) 4: Nothing in this section limits or affects any provision of this or any other Act. Section 57A inserted 25 January 2005 section 11 State Sector Amendment Act (No 2) 2004 Section 57A(1) replaced 31 October 2018 section 15(1) State Sector and Crown Entities Reform Act 2018 Section 57A(3) amended 31 October 2018 section 15(2)(a) State Sector and Crown Entities Reform Act 2018 Section 57A(3) amended 31 October 2018 section 15(2)(b) State Sector and Crown Entities Reform Act 2018 Section 57A(4) inserted 31 October 2018 section 15(3) State Sector and Crown Entities Reform Act 2018 57B: Breaches of minimum standards Section 57B repealed 31 October 2018 section 16 State Sector and Crown Entities Reform Act 2018 57C: Commissioner's powers when setting and enforcing minimum standards Section 57C repealed 31 October 2018 section 16 State Sector and Crown Entities Reform Act 2018 58: Equal employment opportunities 1: The Commissioner's functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the Public Service. 2: 3: For the purposes of this section and section 56 equal employment opportunities programme 1988 No 20 s 6(g) Section 58(1) replaced 18 July 2013 section 49(1) State Sector Amendment Act 2013 Section 58(2) repealed 25 January 2005 section 12(1) State Sector Amendment Act (No 2) 2004 Section 58(3) amended 18 July 2013 section 49(2) State Sector Amendment Act 2013 Section 58(3) amended 25 January 2005 section 12(2) State Sector Amendment Act (No 2) 2004 Section 58 compare note inserted 18 July 2013 section 49(3) State Sector Amendment Act 2013 59: Employees of departments 1: In relation to the functions, duties, and powers of a department, the chief executive of the department— a: may appoint such employees of the department (including acting, temporary, or casual employees) as the chief executive thinks necessary; and b: may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from his or her office or employment; and c: has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in respect of the employees of the department. 2: In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is deemed by this subsection— a: to have delegated to the chief executive of the departmental agency the following rights, duties, and powers: i: those described in subsection (1)(a), (b), and (c) and section 69(a) and (c) ii: those described in sections 60 to 64 iii: those described in sections 82 83 b: not to have those rights, duties, and powers in relation to those employees. 3: The chief executive of a departmental agency may exercise the rights, duties, and powers deemed to have been delegated to him or her under subsection (2) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation. 4: Appointments under subsection (1)(a) or (2)(a)(i) (except of ministerial staff) are provisional pending the outcome of any review under section 65 5: The chief executive of the department that is responsible for the employment of ministerial staff across all Ministers' offices must have regard to the wishes of the relevant Minister in relation to ministerial staff. Section 59 replaced 18 July 2013 section 50 State Sector Amendment Act 2013 60: Appointments on merit A chief executive, in making an appointment under this Act, shall give preference to the person who is best suited to the position. 61: Obligation to notify vacancies Where a chief executive of a department intends to fill a position that is vacant or is to become vacant in the department, the chief executive shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position. 61A: Restriction of redundancy payments in certain situations 1: A Public Service employee who has received a notice of redundancy is not entitled to a redundancy payment if, before the employee's employment has ended, the employee either— a: is offered and accepts another position in the State services (either in the employee's current department or elsewhere in the State services) that— i: begins before, on, or immediately after the date on which the employee's current employment ends; and ii: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and iii: is on terms that treat service within the State services as if it were continuous service; or b: is offered an alternative position i: begins before, on, or immediately after the date on which the employee's current employment ends; and ii: is a position with comparable duties and responsibilities to those of the employee's current position; and iii: is in substantially the same general locality or a locality within reasonable commuting distance; and iv: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and v: is on terms that treat service within the State services as if it were continuous service. 2: Sections 60 61 65 either position described in subsection (1) 3: This section overrides Part 6A 1988 No 20 ss 30E 30F 61B(1) Section 61A replaced 18 July 2013 section 51 State Sector Amendment Act 2013 Section 61A(2) amended 24 October 2019 section 150 Statutes Amendment Act 2019 61AB: Transitional provision relating to restriction of redundancy payments 1: The new redundancy-related sections do not apply until the expiry of 3 years after the commencement of this section. 2: The old redundancy-related sections continue to apply until immediately before the expiry of 3 years after the commencement of this section. 3: For the purposes of this section,— new redundancy-related sections sections 61A 61B State Sector Amendment Act 2013 old redundancy-related sections sections 30C 30D 30E 30F 61A 61B State Sector Amendment Act 2013 Section 61AB inserted 18 July 2013 section 51 State Sector Amendment Act 2013 61B: Application of employee provisions to transfers of functions between Crown entities and departments 1: The following provisions apply both to a transfer of functions from a Crown entity to a department and to a transfer of functions from a department to a Crown entity: a: sections 61A 61C b: sections 30H 30I 61D i: those sections relate to a collective employment agreement that binds the chief executive of the Crown entity or department before the transfer of the functions; and ii: that collective employment agreement applies to an employee whose position in the Crown entity or department ceases to exist as a result of the transfer of functions. 2: The sections referred to in subsection (1) apply in respect of the Crown entity or department that functions are transferred from— a: as if any reference to Department A in those sections were a reference to that Crown entity or department; and b: with all other necessary modifications. 1988 No 20 s 30D Section 61B replaced 18 July 2013 section 51 State Sector Amendment Act 2013 61C: Union coverage where department ceases to be part of Public Service When any department or part of any department ceases (other than as a result of its disestablishment a: the union or unions that had coverage of the employees while that department was part of the Public Service; and b: the Minister of State Services. Section 61C inserted 19 December 1989 section 14 State Sector Amendment Act (No 2) 1989 Section 61C amended 18 July 2013 section 52 State Sector Amendment Act 2013 61D: Application of collective agreements to employees following reorganisations 1: This section limits which employees may be bound by a collective agreement that— a: binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as a consequence of sections 30H 30I collective agreement A b: binds the chief executive of Department B before that transfer of functions ( collective agreement B 2: After that transfer of functions,— a: the only employees of Department B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in Department B that has been established (whether or not previously existing in Department A) to enable Department B to perform the transferred functions; and b: the only employees of Department B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a). 3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement. 4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 sections 56(1) 57 62(3) 63(3) 243 5: This section does not apply to a collective agreement to the extent that the parties agree otherwise. 1988 No 20 s 30G Section 61D inserted 18 July 2013 section 53 State Sector Amendment Act 2013 62: Acting appointments 1: In the case of absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in a department (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 employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the chief executive 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 employee 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 employee has not been appointed to any position to which the direction relates. 1962 No 132 s 33 63: Evidence of appointments 1: Any appointment to any office or position in a department shall be made, confirmed, or approved in writing by an instrument or minute by the chief executive or by any person to whom the chief executive has delegated power in that behalf in accordance with section 41 2: A certificate signed by the chief executive that any person named in the certificate was appointed to any office or position in the department from and including a day stated therein shall be sufficient evidence that the person so named was duly so appointed to and continues to hold the office or position unless the contrary is proved. 1962 No 132 s 34 64: Obligation to notify appointments The chief executive of a department shall notify to the employees within the department every appointment (other than that of an acting, temporary, or casual employee) made by the chief executive to an office or position in the department. 65: Review of appointments 1: The chief executive of each department shall put into place for the department a procedure for reviewing those appointments made within that department that are the subject of any complaint by an employee of that department. 2: The procedure shall be approved by the Commissioner Commissioner 3: Nothing in this section relates to an acting appointment Section 65(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 65(3) amended 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 66: Certain sections do not apply in relation to ministerial staff Sections 60 61 64 65 Section 66 replaced 18 July 2013 section 54 State Sector Amendment Act 2013 6: Application of Employment Relations Act 2000 Part 6 substituted 15 May 1991 State Sector Amendment Act 1991 Part 6 heading substituted 2 October 2000 section 240 Employment Relations Act 2000 67: Application to Public Service of Employment Relations Act 2000 Except as otherwise provided in this Act, the Employment Relations Act 2000 Section 67 substituted 2 October 2000 section 240 Employment Relations Act 2000 68: Negotiation of conditions of employment 1: The Commissioner is responsible for negotiating under the Employment Relations Act 2000 2: Without limiting subsection (1), it is declared that, for the purposes of initiating bargaining for a collective agreement, good faith bargaining for a collective agreement, and entering into collective agreements,— a: the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 b: employees of each department affected are to be treated as if they were all employees of the Commissioner. 3: The Commissioner must conduct the negotiations— a: with a union of which the employees are members; and b: in consultation with the chief executive of each department affected. 4: Every collective agreement must be entered into between— a: the Commissioner; and b: a union of which the employees to whom the collective agreement is applicable are members. 5: Every collective agreement entered into between the Commissioner and a union and relating to employees of a department is binding on— a: the chief executive of that department; and b: the employees of that department who are or become members of the union and whose work comes within the coverage clause in the collective agreement. 6: Except as provided in this section, an employer who is bound by a collective agreement under subsection (5) has the rights, obligations, and duties that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 Section 68 substituted 2 October 2000 section 240 Employment Relations Act 2000 69: Personal grievances and disputes Despite the provisions of section 68 a: in relation to a personal grievance, the employer is the chief executive of the department; and b: in relation to a dispute about the interpretation, application, or operation of any collective agreement, the employer is the chief executive of the department acting, if the Commissioner so requires, together with or in consultation with the Commissioner; and c: in relation to any other employment relationship problem (within the meaning of the Employment Relations Act 2000 Section 69 substituted 2 October 2000 section 240 Employment Relations Act 2000 70: Delegation of Commissioner's powers 1: The Commissioner may from time to time delegate, in writing, to a chief executive of a department any of the Commissioner's powers under section 68 2: Where the Commissioner, acting under subsection (1), delegates to a chief executive the function, under section 68(1) 3: Nothing in this section limits the provisions of section 23 Section 70 substituted 15 May 1991 State Sector Amendment Act 1991 Section 70(2) substituted 2 October 2000 section 240 Employment Relations Act 2000 71: Compulsory arbitration and agreement not to strike or lock out Section 71 repealed 15 May 1991 State Sector Amendment Act 1991 72: Contravention of agreement not to strike or lock out Section 72 repealed 15 May 1991 State Sector Amendment Act 1991 7: Education service Part 7 repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 73: Application of Employment Relations Act 2000 Section 73 repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74: Negotiation of conditions of employment Section 74 repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74AA: Commissioner's powers when collective agreements are negotiated Section 74AA repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74AB: Boards of Trustees indemnified by Commissioner Section 74AB repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74AC: Strikes in schools to be notified Section 74AC repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74AD: Employers to notify Commissioner about participation in strikes Section 74AD repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74A: Personal grievances and disputes Section 74A repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74B: Delegation of Commissioner's powers Section 74B repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74C: Negotiation of conditions of employment for employees of tertiary education institutions Section 74C repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 74D: Senior positions at tertiary education institutions Section 74D repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 75: Actual conditions of employment Section 75 repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 76: Offence to attempt to influence employer Section 76 repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77: Immunity for education service chief executives and employees Section 77 repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77AA: Offence to attempt to influence employer Section 77AA repealed 15 May 1991 State Sector Amendment Act 1991 77AB: Protection from liability Section 77AB repealed 15 May 1991 State Sector Amendment Act 1991 7A: Personnel provisions in relation to education service Part 7A repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77A: General principles Section 77A repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77B: Code of conduct Section 77B repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77C: Performance of teachers Section 77C repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77D: Equal employment opportunities Section 77D repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77E: Employees of institutions Section 77E repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77F: Duty to act independently Section 77F repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77G: Appointments on merit Section 77G repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77H: Obligation to notify vacancies Section 77H repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77HA: Restriction of compensation for technical redundancy arising from closure or merger of schools Section 77HA repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77HB: Appointment of employees following closure or merger of schools Section 77HB repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77I: Acting appointments Section 77I repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 7B: Senior appointments in education service Part 7B repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77IA: Chief executives of institutions Section 77IA repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77IB: Appointment of chief executive Section 77IB repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77IC: Reappointment of chief executive Section 77IC repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77ID: Conditions of employment of chief executive Section 77ID repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77IE: Removal from office Section 77IE repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77IF: Acting chief executive Section 77IF repealed 1 August 2020 section 669(3)(g) Education and Training Act 2020 77J: Appointments of senior staff Section 77J repealed 15 May 1991 State Sector Amendment Act 1991 77K: Conditions of employment of principals Section 77K repealed 15 May 1991 State Sector Amendment Act 1991 77L: Conditions of employment of senior staff (other than principals) Section 77L repealed 15 May 1991 State Sector Amendment Act 1991 77LA: Conditions of employment of senior staff in universities or technical institutes Section 77LA repealed 15 May 1991 State Sector Amendment Act 1991 77M: Application of Labour Relations Act 1987 in respect of senior positions Section 77M repealed 15 May 1991 State Sector Amendment Act 1991 78: Choice of procedure Section 78 repealed 1 October 1989 section 3 State Sector Amendment Act 1989 79: General principles Section 79 repealed 1 October 1989 section 3 State Sector Amendment Act 1989 80: Equal employment opportunities Section 80 repealed 1 October 1989 section 3 State Sector Amendment Act 1989 81: Amendments to Education Act 1964 Section 81 repealed 1 October 1989 section 3 State Sector Amendment Act 1989 8: Miscellaneous provisions 82: Medical examinations A chief executive may require any applicant for appointment to that department, or any employee of the department, to undergo a medical examination, at the expense of the department, by a 1962 No 132 s 67 Section 82 amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 83: Instructions Subject to this Act and without restricting the powers of a chief executive, a chief executive may from time to time issue instructions that shall be observed by all employees of the department. 1962 No 132 s 73 Superannuation Heading inserted 1 August 1990 section 2 State Sector Amendment Act 1990 84: Interpretation For the purposes of sections 84A 84B contribute employee employer a: means a person who pays, or is liable to pay, to any person (being an employee) any earnings as an employer; but b: means the chief executive of the Ministry (as defined in section 10(1) i: a State school (as defined in section 10(1) and (9)(b) ii: a special institution (as defined in section 10(1) iii: a free kindergarten (as defined in section 10(1) c: includes any person or organisation whose officers or employees were, immediately before 1 July 1992, entitled to elect or required to become contributors to the Government Superannuation Fund established under the Government Superannuation Fund Act 1956 State services a: any tertiary education institution: b: any employer within the meaning of this section superannuation scheme scheme section 6(1) Section 84 substituted 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004 Section 84 employer replaced 1 August 2020 section 668 Education and Training Act 2020 Section 84 superannuation scheme scheme replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 84A: Power to establish superannuation schemes for officers and employees An employer in the State services may— a: arrange for any superannuation scheme or schemes to be established for its officers or employees (or both): b: join with another employer (whether or not in the State services) in arranging for any superannuation scheme, or any trust arrangement that is part of a superannuation scheme, to be established for the purpose of providing, or facilitating the provision of, superannuation for its officers or employees (or both): c: arrange for its officers or employees to become members of any established superannuation scheme: d: provide arrangements in respect of the superannuation of any individual officer or employee. Section 84A substituted 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004 84B: Contributions to superannuation schemes An employer in the State services may contribute to a superannuation scheme for the purpose of providing retirement benefits to its officers or employees (or both) only if— a: b: 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 on the contributions; 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: the trust deed of the scheme defines the rates or amounts (if any) of contributions of the employer or officers or employees; and d: the trust deed of the scheme entitles the employer to cease contributing to the scheme on behalf of a person if that person ceases to be an officer or employee of the employer; and e: the benefits provided by the scheme are fully funded as they accrue; and f: the scheme, if it enables members to withdraw from 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: the scheme enables any person who becomes an officer or employee of that employer, if the employer 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: the trust deed of the scheme does not permit amendments to be made to the scheme that would result in any provision of paragraphs (a) to (g) ceasing to apply to the scheme. Section 84B(a) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 84C: Obligation to obtain confirmation from Government Actuary that scheme meets requirements Section 84C repealed 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004 84D: Contributions to superannuation schemes Section 84D repealed 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004 85: Offence to attempt to influence Commissioner 1: Every person commits an offence against this section who directly or indirectly solicits or endeavours to influence the Commissioner or any chief executive Commissioner section 23 section 41 section 5 section 33 2: Every person who commits an offence against this section is liable on 3: Nothing in this section shall apply to any person giving information or advice or making representations to the Commissioner Commissioner Commissioner 4: Nothing in this section shall be construed so as to prevent any organisation, being an organisation representing employees or any class or classes thereof, from making representations to the Commissioner Commissioner 5: Nothing in this section shall be construed so as to prevent the Commissioner Commissioner 1962 No 132 s 76 1964 No 57 s 7 1978 No 37 s 9 Section 85 heading amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 85(1) amended 18 July 2013 section 57 State Sector Amendment Act 2013 Section 85(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 85(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 85(4) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 85(5) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 86: Immunity for Public Service chief executives and employees 1: Public Service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their duties, functions, or powers. 2: See also section 6 Section 86 replaced 18 July 2013 section 58 State Sector Amendment Act 2013 87: Amendments to other enactments The enactments specified in Schedule 5 88: Repeals and transitional provision 1: The enactments specified in Schedule 6 2: Every reference in any other enactment to the State Services Act 1962 State Services Conditions of Employment Act 1977 3: The entitlement of an officer or employee in the State services under any superannuation arrangement that applied to that officer or employee on 25 January 2005 is not affected by— a: the repeal of sections 84 to 84D and the substitution of sections 84 to 84B section 16(1) b: the amendments to Acts that are contained in Schedule 6 Section 88(3) inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017 89: Revocations The regulations and orders specified in Schedule 7 90: Consequential amendments in relation to repeal of State Services Act 1962 and State Services Conditions of Employment Act 1977 Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any other enactment or in any regulations or in any instrument— a: every reference to the State Services Act 1962 State Services Conditions of Employment Act 1977 b: every reference to an officer, probationer, wage-worker, or temporary employee under the State Services Act 1962 c: every reference to the Chairman of the State Services Commission shall be read as a reference to the State Services Commissioner d: every reference to a permanent head shall be read as a reference to a chief executive: e: every reference to a matter being determined under the State Services Conditions of Employment Act 1977 Section 90(c) amended 19 December 1989 section 33(3) State Sector Amendment Act (No 2) 1989 Transitional provisions and savings 91: Transitional provisions for permanent heads Section 91 repealed 18 July 2013 section 59 State Sector Amendment Act 2013 92: Transitional provisions for senior executive service Section 92 repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 93: Transitional provisions in respect of appointments to Public Service Every person who, at the commencement of this Act, holds any position in the Public Service shall continue to hold that position as if that person had been appointed under this Act. 94: Identical conditions of employment in respect of State services 1: The terms and conditions of employment of every person who, at the commencement of this Act, holds any position in the State services shall, on 1 April 1988 (and thereafter until varied) be identical with the terms and conditions of that person's employment in the State services immediately before 1 April 1988. 2: Notwithstanding anything in subsection (1), no provision of any repealed Act that is inconsistent with any express provision of this Act shall, by virtue of that subsection, continue to have effect. 95: Awards and agreements Every award and every agreement relating to the terms and conditions of employment of employees in the State services which was in force immediately before the commencement of this Act shall continue in force after the commencement of 1 April 1988 notwithstanding any of the other provisions of this Act. Any such award or agreement shall have effect according to its tenor. 96: Determinations and orders Section 96 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 97: Clauses relating to disputes of rights and personal grievances Section 97 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 98: Expiry date of determinations and orders Section 98 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 99: Mandatory registration Section 99 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 100: Recognition of service organisations as unions Section 100 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 101: Union rules Section 101 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 102: Deferring operation of sections of the Labour Relations Act 1987 Section 102 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 103: Union membership Section 103 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 104: Causes of action Section 104 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 105: Rights of employees of Public Service Section 105 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 106: Application of repealed provisions 1: The following provisions of the State Services Act 1962 a: sections 22 to 26 b: sections 28 to 31 c: sections 32 to 39 d: sections 44 to 49 e: sections 51 to 60 f: Parts 4 and 5 shall continue to apply for the purposes of this Act only to the extent that they are expressly referred to and expressly applied by this Act or any other Act. 2: Where, before the commencement of this Act, any person was required by or under any Act or instructions, in force at the commencement of this Act, to retire from any office or employment on attaining a specified age, nothing in this Act entitles that person to continue in that office or employment after attaining that age. 107: Grading reviews of employees of Public Service Section 107 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 108: Appeal rights of employees of Public Service Section 108 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 109: Apprenticeships preserved Section 109 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 110: Provisions relating to Commission 1: Every reference in any enactment or document to the Public Service Commissioner or to the Public Service Commission or to the office of either of them shall, after the commencement of this Act, unless the context otherwise requires, be read as references to the State Services Commission under this Act or the Office of the State Services Commission, as the case may be. 2: Every reference to the State Services Commission in any enactment passed or document made before or after the passing of this Act shall, unless the context otherwise requires, be read as a reference to the State Services Commission continued by this Act. 3: 4: Section 110(3) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Section 110(4) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 111: General liabilities of Commission 1: All references to the Commission in any manual, or document whatever (not being an enactment) that is subsisting immediately before the commencement of this Act, shall, unless the Commission declares otherwise, be read as a reference to the appropriate department or chief executive, as the case may require. 2: All contracts, engagements, and liabilities and all rights and authorities of any nature whatever that, immediately before the commencement of this Act, existed between an individual in the Public Service and the Commission shall, unless the context otherwise requires, continue to exist as if the chief executive of the department in which the individual is employed were the Commission. 112: Savings Section 112 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017

DLM1428700

2015

Reserves and Other Lands Disposal Act 2015

1: Title This Act is the Reserves and Other Lands Disposal Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary provisions 3: Act binds the Crown This Act binds the Crown. 4: Entries in registers The Registrar-General of Land is authorised and directed to make entries in the appropriate registers and to do any other things necessary to give effect to this Act. 2: Land dealings Auckland Art Gallery development 5: Interpretation 1: In sections 6 7 8 Albert Park 2: In section 8 Auckland Art Gallery land excluded land 6: Background 1: The Auckland Art Gallery is sited on land vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland). Regional Facilities Auckland is a council-controlled organisation of the Auckland Council. 2: The Auckland Art Gallery is also sited over part of the reserve known as Albert Park. Albert Park is vested in fee simple in the Auckland Council (as the current local authority for Auckland) under the Auckland Improvement Trust Act 1971 3: For ease of administration, Auckland Council wishes to amalgamate into one land title the land on which the Auckland Art Gallery is sited. However, the Auckland Improvement Trust Act 1971 7: Auckland Improvement Trust Act 1971 amended The first paragraph in Schedule 1 but excluding any land described in this paragraph or the eleventh paragraph that is included as sections 2 and 3 on SO Plan 374931 described in this schedule) 2015-09-23 Auckland Improvement Trust Act 1971 8: Amalgamation of excluded land with Auckland Art Gallery land 1: The excluded land is vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland) to be held in trust for the purposes of encouraging, fostering, and promoting the practice and appreciation of, and public interest in, the arts and culture. 2: The excluded land is then amalgamated with the Auckland Art Gallery land. 3: The Registrar-General of Land must— a: create a single computer register for the amalgamated land in the name of Regional Facilities Auckland Limited; and b: record on the register that the land is held in trust for the purposes of encouraging, fostering, and promoting the practice and appreciation of, and public interest in, the arts and culture. 4: For the avoidance of doubt, as from the commencement of this Act, the excluded land— a: is no longer part of Albert Park; and b: is no longer reserve or part of a reserve under the Reserves Act 1977 Dunedin Octagon land 9: Interpretation In section 10 Octagon land section 2(5) 10: Background 1: Section 2 a: the Reserves and Domains Act 1953; and b: the condition that no buildings or erections other than those existing on the land as at 24 October 1957 be placed on the land (that date being the commencement date of the Reserves and Other Lands Disposal Act 1957 2: Dunedin City Council wishes to remove the restriction on the erection of structures on the Octagon land. 11: Proviso to section 2(2) of Reserves and Other Lands Disposal Act 1957 repealed The proviso to section 2(2) 2015-09-23 Reserves and Other Lands Disposal Act 1957 Kahurangi National Park land 12: Interpretation In sections 13 14 Kahurangi land a: comprising 2.5581 hectares being sections 2, 3, 4, 9, 11, 15, 25, 31, 33, 34, and 36 SO Plan 317559; and b: comprising 1 517 square metres being sections 10 and 11 SO Plan 357450. 13: Background 1: The Kahurangi land was declared to be part of the Kahurangi National Park by the Kahurangi National Park Order 1996 ( Gazette 2: However, the Kahurangi land is now used as part of State Highway 6. 14: Kahurangi land declared road 1: The Kahurangi land is excluded from Kahurangi National Park. 2: The Kahurangi land is declared to be road. 3: The declaration under subsection (2) must be treated as if it had been made under section 114 Mahinepua Bay reserve land 15: Interpretation In sections 16 17 Mahinepua Bay reserve land trustees 16: Background 1: The Mahinepua Bay reserve land forms part of the bed of Mahinepua Bay. The land, formed by accretion, is a narrow spit just above mean high water mark. 2: In 1995, the Mahinepua Bay reserve land was declared a local purpose (esplanade) reserve under the Reserves Act 1977 Gazette Gazette 3: The local community (including local Members of Parliament, local authorities, iwi, local hapū, community representatives, and the trustees) wish the Mahinepua Bay land to be a Māori reservation for esplanade purposes for the common use and benefit of the people of New Zealand. 17: Mahinepua Bay reserve land set apart as Māori reservation 1: The reservation of the Mahinepua Bay reserve land as a local purpose (esplanade) reserve subject to the Reserves Act 1977 2: The Mahinepua Bay reserve land is then set apart as a Māori reservation (esplanade purposes). 3: The Mahinepua Bay reserve land then vests in the trustees in trust to hold and administer the land for the common use and benefit of the people of New Zealand. 4: For the avoidance of doubt, the vesting of the Mahinepua Bay reserve land under subsection (3) Part 4A 5: The setting apart of the Mahinepua Bay reserve land as a Māori reservation under subsection (2) Part 17 6: Sections 24 25 subsection (1) Health New Zealand Heading replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 18: Interpretation In sections 19 to 23 Braemar Hospital Site A Braemar Hospital Site B Braemar Hospital Site C French Pass District Nursing Property a: contained in computer freehold register NL1A/1326; and b: formerly contained in certificate of title 106/99 (Nelson Registry); and c: held in trust for hospital purposes pursuant to the Reserves and Domains Act 1953. 19: Background 1: Health New Zealand 2: In order to better use these properties to provide health and disability support services to its community, and to regularise the uses to which the properties are put, Health New Zealand a: used for hospital purposes; or b: held in trust for hospital or any other purposes; or c: held in trust without a power of sale; or d: an endowment; or e: subject to the Reserves Act 1977 Section 19(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 19(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 20: French Pass District Nursing Property freed of trust and reservation 1: The trust for hospital purposes affecting the French Pass District Nursing Property is cancelled. 2: The reservation of the French Pass District Nursing Property as reserve under the Reserves and Domains Act 1953 is revoked. 3: The revocation of status under subsection (2) a: it occurred under section 24 b: the requirements of that section were satisfied; and c: section 25 21: Braemar Hospital Site A freed of endowment and reservation 1: The endowment affecting the Braemar Hospital Site A is cancelled. 2: The reservation of the Braemar Hospital Site A as reserve under the Reserves Act 1977 3: The revocation of status under subsection (2) a: it occurred under section 24 b: the requirements of that section were satisfied; and c: section 25 22: Braemar Hospital Site B freed of trust and reservation 1: The trust without power of sale affecting the Braemar Hospital Site B is cancelled. 2: The reservation of the Braemar Hospital Site B as reserve for the purpose of a hospital under the Reserves Act 1977 3: The revocation of status under subsection (2) a: it occurred under section 24 b: the requirements of that section were satisfied; and c: section 25 23: Braemar Hospital Site C freed of trust and reservation 1: The trust affecting the Braemar Hospital Site C is cancelled. 2: The reservation of the Braemar Hospital Site C as reserve for hospital purposes under the Reserves Act 1977 3: The revocation of status under subsection (2) a: it occurred under section 24 b: the requirements of that section were satisfied; and c: section 25 Paparoa National Park land 24: Interpretation In sections 25 26 Paparoa land 25: Background 1: The Paparoa land was declared to be part of the Paparoa National Park by the Paparoa National Park Order 1987 ( Gazette 2: However, the Paparoa land is now used as part of State Highway 6. 26: Paparoa land declared road 1: The Paparoa land is excluded from Paparoa National Park. 2: The Paparoa land is declared to be road. 3: The declaration under subsection (2) must be treated as if it had been made under section 114 Port Chalmers Recreation Reserve 27: Interpretation In sections 28 to 30 Bowling Club lease section 28(2) Reserve 28: Background 1: Under section 45 Schedule 10 2: Despite this prohibition, a lease, dated 15 August 2001, was granted to the Port Chalmers Bowling Club Incorporated over part of the Reserve. 3: Currently, the Reserve is— a: vested in the Dunedin City Council as a recreation reserve under the Reserves Act 1977 b: subject to (amongst other things)— i: that Act; and ii: the restriction on its sale or lease under section 45 4: The Dunedin City Council wishes to repeal section 45 Reserves Act 1977 a: regularise the Bowling Club lease; and b: lawfully enter into new leasing arrangements for the Reserve. 29: Section 45 of Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 repealed Section 45 2015-09-23 Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 30: Validation of Bowling Club lease The Bowling Club lease is valid and has always been valid. Taieri Airport land 31: Background 1: Amongst other things, section 9 2: The Dunedin City Council now wishes to transfer to a community trust some of the land that is still required for the purposes of an aerodrome. 32: Reserves and Other Lands Disposal Act 1973 amended Section 9 2A: Despite subsection (2), the Dunedin City Corporation (now the Dunedin City Council) may transfer the 38.2691 hectares of land described in computer freehold register OT2C/1307 (being Lot 1 on Deposited Plan 11036) to the community trust known as the Taieri Airport Trust. However, if the Taieri Airport Trust sells the land, it must pay half the net proceeds of the sale into a Crown Bank Account. 2B: In subsection (2A) net proceeds 2C: The Dunedin City Council must obtain the written consent of the Minister of Transport before acting under subsection (2A) 2015-09-23 Reserves and Other Lands Disposal Act 1973 Waikumete cemetery land 33: Interpretation In sections 34 35 Waikumete cemetery land a: Lots 1 to 5, 7 to 23, 25, 26, and 29 DP 167393 (residential sections); and b: Lots 55, 59, and 60 DP 167393 (road or accessway); and c: Lots 1 and 2 DP 173686 (residential sections); and d: Lots 30 to 40 and 42 to 54 DP 175401 (residential sections); and e: Lots 1 and 2 DP 181743 (residential sections); and f: Lots 1 to 3 DP 182710 (residential sections); and g: Lots 1 to 3 DP 185409 (residential sections). 34: Background 1: The Waikumete cemetery land is a part of Waikumete Cemetery. 2: Waikumete Cemetery is Crown land classified as a local purpose (site for cemetery) reserve under the Reserves Act 1977 3: In 1995, the Waitakere City Council, without lawful authority, disposed of the Waikumete cemetery land to a local authority trading enterprise. 4: The local authority trading enterprise in turn subdivided the Waikumete cemetery land and sold it to private owners as fee simple titles. Most of the land is now developed with residential buildings erected on it. 5: However, because the titles to the Waikumete cemetery land were created by an invalid process, and contrary to section 112 35: Reserve status of Waikumete cemetery land revoked 1: The reservation of the Waikumete cemetery land as a reserve for local purpose (site for cemetery) is revoked. 2: The revocation of status under subsection (1) a: it occurred under section 24 b: the requirements of that section were satisfied; and c: section 25 3: The dealings referred to in section 34(4) section 112 Waipa District Council land 36: Interpretation In sections 37 38 trust land 37: Background 1: On 9 June 1942, Te Awamutu Borough Council, Otorohanga County Council, Hamilton Borough Council, Raglan County Council, and Waipa County Council entered into an agreement to purchase the Government interest in the trust land, with Te Awamutu Borough Council holding the land in trust for itself and the other councils for afforestation and water conservation purposes and as a scenic reserve. This agreement was validated by section 10 Gazette 2: On 15 July 1960, Raglan County Council withdrew from the agreement and a supplementary agreement was signed by the remaining parties to reflect this change. This agreement was also validated in legislation, by section 14 3: Changes to local government organisation in 1970 and 1989 and arrangements between the councils again altered the parties to the original agreement so that, by 2003, the legal and beneficial interest in the trust land resided solely with the Waipa District Council. In addition, the purpose of the reserve had changed from afforestation, water conservation, and scenic purposes to a reserve for afforestation and water conservation purposes ( Gazette 4: Waipa District Council now wishes to have the trusts cancelled and the reference to them on the computer register in respect of the trust land removed. 38: Trust land freed of trusts 1: The trusts affecting the trust land are removed. 2: Despite subsection (1) Reserves Act 1977 Westland National Park land 39: Interpretation In sections 40 41 Westland land a: 573 square metres shown as area D on SO Plan 11246; and b: 1 145 square metres being section 4 SO Plan 349493. 40: Background 1: The Westland land is part of the Westland National Park declared by section 6(1)(i) 2: However, the Westland land is now used as part of State Highway 6. 41: Westland land declared road 1: The Westland land is excluded from Westland National Park. 2: The Westland land is declared to be road. 3: The declaration under subsection (2) section 114 Winton Racecourse 42: Background 1: The Winton Racecourse Reserve Management Ordinance 1873 a: appoints, for life, 3 trustees for the Winton Racecourse; and b: provides for their replacement by (through devolution of responsibility) the Minister of Conservation. 2: So as to enable wider community and independent input into the racecourse, the Department of Conservation wishes to enable the Minister of Conservation to appoint up to 5 trustees at any one time for the racecourse, and to limit each appointment to a 3-year period. 43: Winton Racecourse Reserve Management Ordinance 1873 amended Section 3 3: Power to appoint and remove trustees 1: The Minister of Conservation must appoint, by notice in the Gazette 2: A trustee— a: must be appointed for a term not exceeding 3 years; and b: may be reappointed any number of times; and c: may be removed from office by the Minister, by written notice, for inability to perform the functions of office, legal incapacity, neglect of duty, or misconduct, proved to the satisfaction of the Minister; and d: may at any time resign office by written notice to the Minister; and e: remains in office, despite the expiry of his or her term of office, until a successor is appointed (unless he or she resigns or is removed from office). 2015-09-23 Winton Racecourse Reserve Management Ordinance 1873 44: Transitional provision 1: This section applies to a person who is a trustee of the Winton Racecourse immediately before the commencement of this Act. 2: As from the commencement of this Act, the person must be treated as if he or she were appointed as a trustee under section 3 section 43

DLM6402913

2015

Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015

1: Title This Act is the Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 principal Act 2015-03-26 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 4: Section 8B amended (Function and powers of Deputy Commissioner) After section 8B(1)(b)(iii) iv: if the Commissioner decides to refer a complaint to the Deputy Commissioner. 5: Section 16 amended (Commissioner must dismiss complaints that fail to meet required threshold) 1: In section 16(1) he or she the Commissioner 2: Replace section 16(1)(i) i: he or she has previously considered the subject matter of the complaint, and the complaint fails to raise any issue of significance that he or she has not previously considered.

DLM6059502

2015

Hawke's Bay Regional Planning Committee Act 2015

1: Title This Act is the Hawke's Bay Regional Planning Committee Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary provisions 3: Purpose 1: The purpose of this Act is to improve tāngata whenua involvement in the development and review of documents prepared in accordance with the Resource Management Act 1991 2: To that end, this Act establishes the Hawke’s Bay Regional Planning Committee as a joint committee of the Hawke’s Bay Regional Council. 4: Interpretation 1: In this Act, unless the context otherwise requires,— appointer a: a tāngata whenua appointer: b: the Council appointer for Ngāti Ruapani ki Waikaremoana a: if section 5(3) b: if section 5(3) Council Council member section 11(1)(j) governance document governance entity Hawke's Bay Regional Planning Committee RPC section 7 Heretaunga Tamatea Settlement Trust interim committee clause 30(1) interim terms of reference local government legislation a: the Local Government Act 2002 b: the Local Government Official Information and Meetings Act 1987 c: the Local Authorities (Members' Interests) Act 1968 Mana Ahuriri Incorporated Maungaharuru-Tangitū Trust members Ngāti Pāhauwera Development Trust Ngati Tuwharetoa Hapu Forum Trust RMA document a: a regional policy statement or proposed regional policy statement: b: a regional plan or a proposed regional plan RPC region New Zealand Gazette specified legislation a: this Act; and b: the local government legislation; and c: the relevant provisions of the Resource Management Act 1991 tāngata whenua appointer section 5 a: means— i: the trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū: ii: the trustees of the Ngāti Pāhauwera Development Trust, on behalf of Ngāti Pāhauwera: iii: the trustees of Tūhoe Te Uru Taumatua, on behalf of Tūhoe: iv: the trustees of Ngati Tuwharetoa Hapu Forum Trust, on behalf of Ngāti Tūwharetoa: v: Mana Ahuriri Incorporated, on behalf of the Mana Ahuriri hapū: vi: the trustees of Te Kōpere o te iwi o Hineuru Trust, on behalf of Ngāti Hineuru: vii: the trustees of the Heretaunga Tamatea Settlement Trust, on behalf of the hapū of Heretaunga and Tamatea: viii: Te Tira Whakaemi o Te Wairoa, on behalf of Wairoa iwi and hapū: ix: the appointer for Ngāti Ruapani ki Waikaremoana, on behalf of Ngāti Ruapani ki Waikaremoana; and b: includes, in relation to a tāngata whenua appointer that is a governance entity, a delegate of, or a successor to, that appointer if the delegation or succession complies with the requirements of the governance document of the appointer tāngata whenua member section 11(1)(a) to (i) Te Kōpere o te iwi o Hineuru Trust Te Kotahitanga o Ngāti Tūwharetoa Te Tira Whakaemi o Te Wairoa terms of reference a: means the interim terms of reference; and b: includes any amendments to the terms of reference trustees of the Heretaunga Tamatea Settlement Trust trustees of the Maungaharuru-Tangitū Trust trustees of the Ngāti Pāhauwera Development Trust trustees of the Te Kōpere o te iwi o Hineuru Trust trustees of Tūhoe Te Uru Taumatua Tūhoe Te Uru Taumatua 2: In this Act,— a: change proposed policy statement regional plan regional policy statement variation section 43AA b: proposed plan section 43AAC Section 4(1) Te Kotahitanga o Ngāti Tūwharetoa inserted 19 December 2018 section 188(3) Ngāti Tūwharetoa Claims Settlement Act 2018 Section 4(1) trustees of the Ngati Tuwharetoa Hapu Forum Trust repealed 19 December 2018 section 188(2) Ngāti Tūwharetoa Claims Settlement Act 2018 5: Definition of tāngata whenua appointer modified if the Crown approves governance entity or recognises mandated body 1: This section applies if, after the commencement of this Act, the Crown— a: approves a governance entity for— i: Mana Ahuriri hapū; or ii: Ngāti Tūwharetoa; or iii: Wairoa iwi and hapū: b: recognises a mandated body to represent Ngāti Ruapani ki Waikaremoana in historical Treaty of Waitangi claims settlement negotiations: c: approves a governance entity for Ngāti Ruapani ki Waikaremoana. 2: If any of subsection (1)(a)(i) to (iii) applies, the tāngata whenua appointer for the relevant iwi or hapū is, despite the definition of tāngata whenua appointer in section 4 3: If subsection (1)(b) or (c) applies, the appointer for Ngāti Ruapani ki Waikaremoana is, despite the definition of that term in section 4 6: Act binds the Crown This Act binds the Crown. 2: Hawke's Bay Regional Planning Committee RPC established 7: RPC established This section establishes the RPC as a statutory body. 8: Status of RPC 1: Despite the membership of the RPC provided by section 11 clause 30(1)(b) 2: Despite Schedule 7 Purpose, functions, and powers of RPC 9: Purpose of RPC 1: The purpose of the RPC is to oversee the development and review of the RMA documents prepared in accordance with the Resource Management Act 1991 2: To avoid doubt, nothing in this Act limits the obligations of the Council under the Resource Management Act 1991 Local Government Act 2002 10: Functions and powers of RPC 1: The primary function of the RPC is to achieve the purpose of the RPC. 2: In achieving the purpose of the RPC, the RPC may— a: consider the RMA documents and recommend to the Council for public notification the content of any draft— i: change to the regional policy statement or regional plan: ii: proposed regional policy statement or proposed regional plan: iii: variation to a proposed regional policy statement, proposed regional plan, or change; and b: monitor the efficiency and effectiveness of the RMA documents in accordance with section 35 c: implement a work programme for the review of the RMA documents; and d: perform any other function specified in the terms of reference. 3: For the purposes of enabling the RPC to carry out its functions, the Council must— a: refer all matters referred to in subsection (2)(a) to the RPC; and b: provide all necessary documents or other information to the RPC. 4: The RPC has the powers reasonably necessary to carry out its functions in a manner consistent with the specified legislation. Membership of RPC 11: Membership of RPC 1: The RPC consists of an equal number of tāngata whenua members and Council members as follows: Tāngata whenua members a: 1 member appointed by the trustees of the Maungaharuru-Tangitū Trust: b: 1 member appointed by the trustees of the Ngāti Pāhauwera Development Trust: c: 1 member appointed by the trustees of Tūhoe Te Uru Taumatua: d: 1 member appointed by the trustees of the Te Kotahitanga o Ngāti Tūwharetoa e: 1 member appointed by Mana Ahuriri Incorporated: f: 1 member appointed by the trustees of Te Kōpere o te iwi o Hineuru Trust: g: 1 member appointed by Te Tira Whakaemi o Te Wairoa: h: 2 members appointed by the trustees of the Heretaunga Tamatea Settlement Trust: i: 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana: Council members j: 10 members appointed by the Council (who must be councillors of the Council holding office and, if there is an insufficient number of councillors, such other persons appointed by the Council in accordance with clause 31(3) 2: Each appointer must— a: in the case of the initial appointment of members of the RPC— i: make an appointment before the first meeting of the RPC; and ii: notify all other appointers in writing of the appointment: b: in the case of any subsequent appointment of a member to the RPC, notify the RPC in writing of an appointment and provide a copy of the notice to all other appointers as soon as is reasonably practicable. 3: If a tāngata whenua appointer fails to appoint a tāngata whenua member in accordance with this Act, then the number of Council members on the RPC is reduced proportionately until an appointment is made to ensure that the RPC consists of an equal number of tāngata whenua members and Council members. 4: If a tāngata whenua member fails to attend 3 out of any 5 consecutive meetings of the RPC without the prior written agreement of all other members,— a: the tāngata whenua member’s appointment is deemed to be discharged; and b: the number of Council members on the RPC is reduced proportionately until a replacement member is appointed by the relevant tāngata whenua appointer. 5: To avoid doubt, a tāngata whenua member is not, by virtue of the person's membership of the RPC, a member of the Council. Section 11(1)(d) amended 19 December 2018 section 188(4) Ngāti Tūwharetoa Claims Settlement Act 2018 Other matters 12: Terms of reference of RPC 1: The terms of reference must provide for— a: the quorum for meetings of the RPC: b: how the RPC will be administered: c: the procedures relating to meetings of the RPC, decision making by the RPC, and dispute resolution, including for the purposes of section 10(2)(a) i: for the Council to refer back to the RPC for reconsideration any recommendation made by the RPC but not adopted by the Council (whether in whole or in part); and ii: for the RPC to provide further recommendations to the Council: d: how the costs of administering and operating the RPC will be met by the Council, including— i: the costs of any advice required by the RPC; and ii: a procedure for determining the remuneration to be paid to tāngata whenua members and reimbursement of their expenses. 2: The terms of reference may be amended by the written unanimous agreement of the appointers. 3: The terms of reference must be consistent with the specified legislation. 4: In the event of an inconsistency between the obligations of the Council under the terms of reference and its obligations under the specified legislation, the specified legislation prevails. 13: First meeting of RPC The first meeting of the RPC must be held no later than 6 months after the commencement of this Act. Application of local government legislation 14: Application of local government legislation to RPC 1: The provisions of the local government legislation apply, with any necessary modifications, to the RPC— a: to the extent that they are relevant to the purpose and functions of the RPC as a joint committee of the Council; and b: except as otherwise provided for in this Act. Schedule 7 of Local Government Act 2002 2: The following provisions of Schedule 7 Schedule 7 a: clause 6(1)(b) b: clause 12 c: clause 31(1) and (3) 3: The following provisions of Schedule 7 do not apply to the RPC: a: clause 23(3)(b) b: clause 24 c: clause 25 d: clause 26 e: clause 27 f: clause 30(3), (5)(a), and (7) g: clause 31(2), (4), and (6) h: clause 32A Section 3 of Local Authorities (Members' Interests) Act 1968 4: Section 3 Local Government Official Information and Meetings Act 1987 5: The Local Government Official Information and Meetings Act 1987 6: Section 7(2) k: avoid serious offence to tikanga of any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke's Bay Regional Planning Committee Act 2015; or l: avoid the disclosure of the location of wāhi tapu of significant interest to any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke's Bay Regional Planning Committee Act 2015. Further provisions 15: Further provisions relating to RPC The Schedule

DLM5946900

2015

Standards and Accreditation Act 2015

1: Title This Act is the Standards and Accreditation Act 2015. 2: Commencement 1: The following provisions come into force on the day after the date on which this Act receives the Royal assent: a: subparts 1 3 b: sections 41 43(2) 45(2) 46(2) 2: The remainder of this Act comes into force on a date appointed by the Governor-General by Order in Council. 3: Any provision of this Act that is not already in force on the day that is 6 months after the date on which this Act receives the Royal assent comes into force on that date. 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 1 March 2016 clause 2 Standards and Accreditation Act Commencement Order 2015 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary and key provisions 1: Preliminary provisions 3: Purpose The purpose of this Act is to— a: make provision for standards and conformity assessment systems in New Zealand that— i: are consistent with international practice; and ii: facilitate trade; and iii: protect the health, safety, and well-being of individuals: b: provide for the development, approval, and maintenance of New Zealand Standards: c: make provision for access to New Zealand Standards: d: designate an official known as the NZ Standards Executive to be responsible for the oversight of New Zealand Standards: e: establish the New Zealand Standards Approval Board: f: continue the Testing Laboratory Registration Council and rename it the Accreditation Council: g: provide for accreditation of conformity assessment bodies: h: repeal the Standards Act 1988 Testing Laboratory Registration Act 1972 4: Interpretation 1: In this Act, unless the context otherwise requires,— accreditation Accreditation Council section 33 Board section 11 chief executive conformity assessment bodies consensus a: unanimity; or b: general agreement characterised by the absence of sustained opposition on any substantial issue goods Minister Ministry New Zealand Standard a: means a standard developed or adopted, and approved as a New Zealand Standard, under this Act; and b: includes a standard that was promulgated by the Standards Council as a New Zealand Standard or a standard specification under the Standards Act 1965 or the Standards Act 1988 NZ Standards Executive section 6 NZ Standards Organisation services standard a: means a specification relating to goods, services, processes, or practices approved or adopted by a standards organisation; and b: includes modifications to any such specification Standards Council section 3 section 42 standards development committee section 15 standards organisation a: the NZ Standards Organisation: b: an international, national, or regional organisation with functions similar to the NZ Standards Organisation. 2: For the purposes of this Act, unless the context otherwise requires,— a: a person is personally interested i: may derive a financial benefit from the matter; or ii: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or iii: may have a financial interest in a person to whom the matter relates; or iv: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or v: has some other (direct or indirect) personal interest that could materially influence him or her, or would reasonably appear to any person to be likely to have a material influence on him or her, in the exercise of his or her responsibilities under this Act in relation to the matter; but b: a person is not personally interested in a matter— i: merely because he or she receives insurance cover, remuneration, or other benefits authorised under this Act; or ii: only because he or she has past or current involvement in the relevant sector, industry, or practice; or iii: if his or her personal interest is the same or substantially the same as— A: the benefit or interest of most other people in the industry that he or she represents; or B: the benefit or interest of the general public. 5: Act binds the Crown This Act binds the Crown. 2: New Zealand Standards NZ Standards Executive 6: Appointment of NZ Standards Executive The chief executive must appoint a suitable employee of the Ministry to be the NZ Standards Executive. 7: Functions of NZ Standards Executive 1: The functions of the NZ Standards Executive are— a: to assume responsibility for New Zealand membership of international standards organisations, including the International Organization for Standardization and the International Electrotechnical Commission: b: to ensure New Zealand attendance and representation at meetings of international standards organisations: c: to co-operate and engage with standards organisations and other standards bodies on standards development and other standards-related matters: d: to ensure the exercise and performance of Crown rights and obligations in respect of standards (including rights and obligations in relation to or arising from intellectual property in standards): e: to establish and maintain a work programme for the development, maintenance, and review of New Zealand Standards: f: to make arrangements for public access to the New Zealand Standards work programme: g: to manage the processes for— i: the formation of standards development committees: ii: the development of draft standards: iii: the review and revision of existing standards: h: to enter into arrangements to develop New Zealand Standards: i: to refer the following to the Board: i: proposals for membership of standards development committees: ii: draft standards: iii: proposals to amend, withdraw, or archive standards: iv: proposals to adopt standards developed by other standards organisations: v: proposals to adopt specifications relating to goods, services, processes, or practices approved by an organisation other than a standards organisation: j: to make arrangements for public access to standards (including archived and withdrawn standards): k: to report to the Minister from time to time (but not less than once annually) on standards, the standards work programme, and current and emerging trends in standards: l: to advise relevant Ministers of proposals to amend, revise, archive, or replace standards that are cited in legislation: m: to set fees for obtaining copies of (including online access to) New Zealand Standards and other standards publications: n: to establish and maintain an interests register for the purposes of sections 17(4) 19 o: to perform any other functions conferred under this Act or any other enactment. 2: In performing the functions referred to in subsection (1)(a) to (n), the NZ Standards Executive must— a: act independently; and b: have regard to— i: the value of standards: ii: the legitimate use of standards: iii: the importance of maintaining expert input into the standards development process. 3: In performing the functions referred to in subsection (1)(o), the NZ Standards Executive must act under the direction of the Minister and the chief executive. 8: NZ Standards Executive may delegate powers, etc 1: The NZ Standards Executive may delegate to any employee of the Ministry any of his or her powers, or the performance of his or her functions or duties, under this Act or any other enactment. 2: A delegation under subsection (1)— a: must be in writing; and b: may be made subject to any conditions or restrictions that the NZ Standards Executive thinks appropriate; and c: may be made generally or in any particular case; and d: is revocable at will; and e: does not affect or prevent the exercise of any power or the performance of any function or duty by the NZ Standards Executive; and f: does not affect the responsibility of the NZ Standards Executive for the actions of any person acting under a delegation; and g: continues according to its tenor despite any change in the person holding office as the NZ Standards Executive. 2011 No 4 s 72 9: Powers of delegate 1: A person who is delegated any powers, or the performance of any functions or duties, under section 8 a: may, with the prior written approval of the NZ Standards Executive, delegate those powers to any other employee of the Ministry: b: may, subject to any conditions or restrictions, exercise those powers, or perform those functions or duties, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation. 2: Every person purporting to act under any delegation under section 8 2011 No 4 s 73 10: NZ Standards Executive must advise responsible Ministers before review of standards cited in legislation 1: If any New Zealand Standard is cited or incorporated by reference in any legislation 2: In subsection (1), responsible Minister legislation legislation Section 10(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 New Zealand Standards Approval Board 11: Establishment of New Zealand Standards Approval Board 1: This section establishes the New Zealand Standards Approval Board. 2: The Board consists of 5 to 7 members appointed by the Minister under section 14 12: Functions of Board 1: The functions of the Board are to— a: approve or decline proposals for persons to be members of standards development committees: b: approve or decline proposals for persons to be chairpersons of standards development committees: c: approve or decline proposals for persons to be members of development committees of other standards organisations: d: approve or decline proposed new New Zealand Standards: e: adopt or decline to adopt other standards organisations' standards as New Zealand Standards: f: approve or decline modifications to New Zealand Standards: g: archive New Zealand Standards: h: revoke New Zealand Standards: i: advise the Minister on any matter referred to the Board by the Minister: j: advise the Minister on the currency of New Zealand Standards, and on priority areas for the development and review of New Zealand Standards: k: advise the Minister on any other matter that the Board considers necessary or advisable. 2: The Board must act independently in undertaking its functions under subsection (1). 3: If the Board declines to approve members, standards, or modification of standards under subsection (1)(a) to (f), it must provide the NZ Standards Executive with reasons in writing for its decision. 13: Considerations for Board 1: In undertaking its functions under section 12(1)(a) a: have regard to the importance of ensuring that members of a standards development committee constitute a balanced representation of the stakeholder interests relevant to the proposed draft standard; and b: ensure that each member of the standards development committee has— i: skills, knowledge, and experience relevant to the standard to be developed or considered; or ii: knowledge and experience of the sector or sectors most likely to use the standard. 2: In undertaking its functions under section 12(1)(b) a: the person is capable of performing the functions set out in section 18(2) b: the person has experience that demonstrates— i: leadership skills: ii: an ability to build consensus and promote effective working relationships: iii: good judgment: iv: an understanding and appreciation of the need for, and value of, diversity. 3: In undertaking its functions under section 12(1)(c) a: skills, knowledge, and experience relevant to the standard to be developed or considered; or b: knowledge and experience of the sector or sectors most likely to use the standard. 4: In undertaking its functions under section 12(1)(d), (e), and (f) a: have regard to the following: i: whether the proposed standard or modification has been developed using a consensus process, whether that process included public consultation, and whether due weight was given to the submissions received; and ii: whether the proposed standard or modification is based (in whole or in part) on any other national or international standard or any draft standard; and iii: whether the proposed standard is, or the standard as amended by the modification would be, compatible with other national or international standards; and iv: whether the proposed standard or modification would meet an identified industry, consumer, or regulatory need; and v: whether the overall expected benefit of the standard or the standard as amended, to the sector or sectors most likely to use the standard or to New Zealand as a whole, can be demonstrated; and b: ensure that— i: New Zealand Standards do not unnecessarily duplicate the standards development work of other national or international standards organisations; and ii: where a proposed New Zealand Standard is based on an international standard, there are good reasons for any differences between the New Zealand Standard and the international standard; and iii: the proposed standard or modification will not create unnecessary obstacles to international trade and investment. 5: In undertaking its functions under section 12(1)(i), (j), and (k) a: the value of standards; and b: the legitimate use of standards; and c: the importance of maintaining expert input into the standards development process. 14: Further provisions relating to Board The provisions of Schedule 1 Standards development committees 15: Standards development committees 1: The NZ Standards Executive must establish 1 or more standards development committees to— a: draft new standards: b: review existing standards: c: consider the suitability for adoption as New Zealand Standards of standards developed by other standards organisations or bodies: d: advise on the content of standards: e: consider and propose amendments to existing standards. 2: The NZ Standards Executive must— a: determine the number of standards development committees that are necessary: b: determine what work will be carried out by each standards development committee: c: appoint members of each standards development committee (in accordance with section 16 16: Membership of standards development committees 1: The NZ Standards Executive must— a: propose persons For example, representatives from industry bodies, consumer groups, NGOs, and State sector agencies, experts from the relevant sector, academics, and other suitable persons. b: propose one of the members (or proposed members) of a standards development committee to be the chairperson of the committee. 2: The NZ Standards Executive must refer proposals for persons to be members or chairpersons of standards development committees to the Board. 3: If the NZ Standards Executive refers a proposal for a person to be a member, or a chairperson, of a standards development committee to the Board, the Board must— a: approve the proposal; or b: decline the proposal with reasons. 4: The NZ Standards Executive may— a: appoint any person to be a member of a standards development committee whose membership has been approved by the Board: b: appoint any member to be the chairperson of a standards development committee whose appointment as chairperson has been approved by the Board. 5: The NZ Standards Executive must not appoint any person to be chairperson of a standards development committee who is personally interested in the work of that committee. 17: Requirements for proposing person to be member 1: Before a person is proposed as a member of a standards development committee under section 16 a: consent in writing to being a member; and b: disclose to the NZ Standards Executive the nature and extent (including the monetary value, if quantifiable) of any interests that the person has at that time, or is likely to have, in matters relating to the work of the (proposed) standards development committee. 2: The NZ Standards Executive must advise the Board of the nature and extent of any interests disclosed under subsection (1)(b) or section 19 3: The Board must have regard to the nature and extent of the interests when approving or declining a proposal under section 16(3) 4: If the person is appointed to be a member of a standards development committee, the NZ Standards Executive must ensure that details of the nature and extent of any interests (including any monetary value of the interests) are— a: disclosed to the chairperson of the committee; and b: recorded in an interests register kept by the NZ Standards Executive. 18: Chairpersons of standards development committees 1: The NZ Standards Executive must appoint a chairperson for every standards development committee. 2: The functions of a chairperson are to— a: ensure the efficient management of committee meetings and the work of the committee: b: ensure the efficient development of the relevant standard: c: ensure fair and equal treatment of all members of the committee: d: facilitate discussion, and the sharing of ideas, amongst committee members: e: manage, in consultation with the NZ Standards Executive, conflicts of interest in relation to members of the standards development committee. 3: If the chairperson is absent from a meeting of a standards development committee, the members present must appoint one of their number to chair the meeting. 4: A person who is personally interested in the work of a standards development committee is disqualified from being, or acting as, the chairperson of the committee. 19: Continuing duty to disclose conflicts of interest A member of a standards development committee who is personally interested in a matter relating to the work of that committee must, as soon as practicable after he or she becomes aware of any interest, disclose details of the nature and extent (including any monetary value, if quantifiable) of the interests to— a: the chairperson of the committee; and b: the NZ Standards Executive, who must record it in the interests register. 20: Obligation to disclose interest 1: The Board and the NZ Standards Executive must notify the Minister of any failure to comply with section 17(4) 19 2: Except as provided in subsection (3), a failure to comply with section 17(4) 19 3: Subsection (2) does not limit the right of any person to apply for judicial review. 21: Duty not to disclose information A member of a standards development committee who has information in his or her capacity as a member that would not otherwise be available to him or her may not disclose that information to any person, or make use of, or act on, that information, except— a: in the performance of the committee's functions; or b: as required or permitted by law; or c: in complying with the requirement for members to disclose interests; or d: if the member is first authorised to do so by the NZ Standards Executive or the Minister and the disclosure, use, or action will not, or would be unlikely to, prejudice the standards development process. 22: Standards development committees’ work product and working materials A member of a standards development committee must, at the direction of the NZ Standards Executive, surrender any information prepared or collected by that member or any other member as part of the committee’s responsibilities or activities. 23: Liability of members 1: A member of a standards development committee is not liable for the work of the committee by reason only of being a member of that committee. 2: A member of a standards development committee is not liable in respect of an act or omission by the member in good faith and in the performance or intended performance of the committee's functions under this Act or any other enactment. 3: Nothing in subsection (2) affects— a: the liability of any person that is not a civil liability: b: the right of any person to apply for judicial review. 24: Insurance for liability of member 1: The NZ Standards Executive may effect insurance cover for a member of a standards development committee in relation to his or her acts or omissions, except an act done or omission made that is— a: in bad faith: b: not in the performance or intended performance of the committee’s functions. 2: In this section, to effect insurance Membership of other development committees 25: Membership of other development committees 1: The NZ Standards Executive may— a: propose any person to be a member of a development committee of a standards organisation other than the NZ Standards Organisation; and b: refer that proposal to the Board for approval. 2: If the NZ Standards Executive refers a proposal to the Board under subsection (1), the Board must— a: approve the proposal; or b: decline the proposal with reasons. 3: The NZ Standards Executive may recommend any person to be a member of a development committee of a standards organisation other than the NZ Standards Organisation whose membership has been approved by the Board. Fees for New Zealand Standards and cost recovery 26: Setting fees for standards 1: The NZ Standards Executive may set a scale of fees payable for obtaining copies of, or online access to, New Zealand Standards and other standards publications. 2: The NZ Standards Executive may set fees to recover costs associated with— a: developing, approving, maintaining, and providing access to New Zealand Standards and other standards-related publications: b: maintaining linkages with other standards organisations: c: responding to inquiries about New Zealand Standards. 3: The fees set by the NZ Standards Executive under subsection (1) may reflect— a: the commercial arrangements entered into by the NZ Standards Executive with third parties (for example, royalties and licence fees payable in respect of intellectual property incorporated in New Zealand Standards); and b: any arrangements made under section 27 c: a balance between the upfront costs of developing and approving a New Zealand Standard and any projected future cost recovery (for example, through the provision of access to New Zealand Standards). 27: Cost arrangements for developing standards 1: The NZ Standards Executive may, if he or she considers it appropriate, enter into arrangements with any person to— a: develop a New Zealand Standard; and b: recover the costs associated with developing, approving, maintaining, and providing access to that standard. 2: Any charges set by the NZ Standards Executive under subsection (1)(b) may reflect— a: the commercial arrangements entered into with third parties by the NZ Standards Executive (for example, royalties and licence fees payable in respect of intellectual property incorporated in New Zealand Standards); and b: a balance between the upfront costs of developing and approving a New Zealand Standard and projected future cost recovery (for example, through the provision of access to New Zealand Standards); and c: the projected costs of maintaining New Zealand Standards. 28: Principles of cost recovery In setting the amount of fees or charges under sections 26 27 Equity a: costs should, to the extent practicable, be recovered from the users or beneficiaries of the New Zealand Standard or group of New Zealand Standards at a level commensurate with their use of or benefit from the New Zealand Standard or group of New Zealand Standards: Efficiency b: costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost: Justification c: costs should be collected only to meet the actual and reasonable costs (including indirect costs) associated with New Zealand Standards development, approval, maintenance, and access: Transparency d: costs should be identified and allocated as closely as practicable in relation to the tangible value for the sector or sectors to which the New Zealand Standard or group of New Zealand Standards applies: Flexibility e: the method determined by the NZ Standards Executive for recovering costs for New Zealand Standards development, approval, maintenance, and access should be adaptable to changes and variations in the market for New Zealand Standards and be consistent with the overarching objectives for New Zealand Standards. New Zealand Standards and other legislation Heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 29: Citation of New Zealand Standards 1: A New Zealand Standard may be cited in any legislation 2: If a New Zealand Standard is cited in legislation the legislation 1988 No 5 s 23 Section 29(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 30: Secondary legislation 1: Secondary legislation 2: Secondary legislation 1965 No 59 ss 26, 27; 1988 No 5 s 22 Section 30 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 31: References to New Zealand Standards in other legislation A reference in any legislation (other than this Act) Standards Act 1988 1988 No 5 s 24 Section 31 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Proof of New Zealand Standards 32: Proof of New Zealand Standards 1: The fact that any standard has been approved or adopted in accordance with this Act and promulgated as a New Zealand Standard is, in the absence of proof to the contrary, sufficient evidence that it is a New Zealand Standard made in accordance with the requirements of this Act. 2: The production in any proceedings of a copy of a standard or specification purporting to be a New Zealand Standard is sufficient evidence that it is a New Zealand Standard in the absence of proof to the contrary. 3: Subsection (2) does not affect any other method of proof. 1988 No 5 s 25 3: Accreditation of conformity assessment bodies Accreditation Council 33: Continuation of Accreditation Council 1: The council established under section 3 Council 2: The Accreditation Council is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 4: The members of the Accreditation Council are the board for the purposes of the Crown Entities Act 2004 1972 No 36 s 3 34: Membership of Accreditation Council 1: The Accreditation Council consists of 5 to 7 members, who must be appointed by the Minister under section 28 2: In appointing members to the Accreditation Council, the Minister must have regard to— a: nominations put forward by persons or bodies involved or interested in the development and use of conformity assessment: b: the nominees’ knowledge of, and experience in, management: c: the nominees’ knowledge of, and experience in, conformity assessment. 3: The Minister may, at any time, remove a member of the Accreditation Council from office by written notice to the member (with a copy to the Council). 4: A member of the Accreditation Council may, at any time, resign from office by written notice to the Minister (with a copy to the Council) signed by the member. 5: A resignation under subsection (4) is effective on receipt by the Minister of the notice or at any later time specified in the notice. 1972 No 36 s 4 35: Functions of Accreditation Council The functions of the Accreditation Council are— a: to promote the development and maintenance of good practice in conformity assessment; and b: to establish and maintain accreditation schemes for conformity assessment bodies engaged in testing and inspection activities; and c: to develop and maintain international recognition and acceptance of the Council's accreditation scheme; and d: to maintain appropriate international relationships consistent with the Council's functions under this section; and e: to act as New Zealand’s good laboratory practice compliance monitoring authority; and f: if the Council chooses, to provide certification services; and g: to perform any other functions that the Minister directs the Council to perform in accordance with section 112 1972 No 36 s 12 36: Criteria for accreditation schemes In establishing and maintaining an accreditation scheme under section 35(b) a: is consistent with international practice; and b: facilitates trade; and c: addresses an identified industry, consumer, or regulatory need. 37: Powers of Accreditation Council generally 1: The Accreditation Council may— a: provide, subject to such conditions as the Council thinks fit, for the accreditation of conformity assessment bodies engaged in testing and inspection activities that— i: apply for accreditation; and ii: in the Council’s opinion, comply with the requirements set by the Council: b: prescribe a period of accreditation for any body referred to in paragraph (a): c: provide for the revocation of the accreditation of a conformity assessment body under this Act (after considering any submissions made on its behalf) for failing to comply with all or any of the requirements or conditions set by the Council on accreditation: d: require, for every conformity assessment body accredited under this Act,— i: the institution and maintenance, to the satisfaction of the Council, of control of the services for which the conformity assessment body is accredited; and ii: the maintenance of any records that, in the opinion of the Council, are necessary to establish that control is maintained: e: authorise the endorsement, in the name of the Council, of conformity assessment documents issued for services if— i: the documents are offered by a conformity assessment body accredited under this Act; and ii: the services are services for which the conformity assessment body is accredited: f: co-operate with producers and providers of goods, services, and facilities in New Zealand with the object of maintaining and improving the quality of those goods, services, and facilities through the use of conformity assessment practices approved by the Council: g: co-operate with any person, association, or organisation outside New Zealand having similar functions or objects, with a view to furthering the functions of the Council: h: become a member of or affiliate to any international body concerned with similar functions or objects: i: establish and maintain libraries and other sources of information for reference in respect of matters relating to the functions of the Council: j: collect and disseminate information relating to conformity assessment, including the publication of reports, pamphlets, books, journals, and other publications: k: provide advisory and other services in respect of conformity assessment: l: promote research into methods of conformity assessment: m: promote the testing and assessment of goods and services: n: establish training centres, consultancies, and other establishments considered necessary for the efficient exercise of its functions: o: charge fees in respect of accreditation under this Act and of any other services provided: p: exercise any other powers and perform any other duties that are conferred on it by this Act or any other enactment. 2: This section does not limit the Council's powers under sections 16 17 1972 No 36 s 13 38: Accreditation requirements 1: The Accreditation Council must ensure that any requirements for, or conditions of, accreditation set by the Council under section 37(1)(a)(ii) 2: Regulations may prescribe criteria that the Accreditation Council must apply when setting requirements or conditions under section 37(1)(a) 39: Accreditation Council exempted from income tax The Accreditation Council is exempt from payment of income tax. 1972 No 36 s 21 Restrictions 40: Statements or representations about being accredited 1: No person may make any statement or representation or use any mark with reference to any goods, processes, services, or facilities that gives or is likely to give the impression that a conformity assessment body that is not accredited under this Act is so accredited. 2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1972 No 36 s 30 2: Miscellaneous provisions 41: Regulations 1: The Governor-General may, by Order in Council, make regulations providing for any matter that is contemplated by this Act as necessary— a: for giving it full effect; or b: for its administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 42: Disestablishment of Standards Council The Standards Council (continued under section 3 43: Transitional provisions 1: The transitional provisions in Schedule 2 2: The transitional provisions in Schedule 3 44: Amendment to Copyright Act 1994 1: This section amends the Copyright Act 1994 2: After section 27(1B) 1C: Subsection (1A) does not affect copyright in any New Zealand Standard (as that term is defined in the Standards and Accreditation Act 2015). OIC LI 2015/312 2016-03-01 Copyright Act 1994 S 44 comes in force by OIC or 6 mths after assent - read s 2 45: Consequential amendments 1: The enactments listed in Schedule 4 2: The enactments listed in Schedule 5 OIC LI 2015/312 2016-03-01 Biosecurity Act 1993 Building Act 2004 Civil Aviation Act 1990 Climate Change Response Act 2002 Commerce Act 1986 Crown Entities Act 2004 Dairy Industry Restructuring Act 2001 Electricity Act 1992 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Fair Trading Act 1986 Gas Act 1992 Health Act 1956 Human Tissue Act 2008 Land Transport Act 1998 Legislation Act 2012 Maritime Transport Act 1994 Medicines Act 1981 National Animal Identification and Tracing Act 2012 Official Information Act 1982 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 Radiocommunications Act 1989 Social Security Act 1964 S 45(1) comes in force by OIC or 6 mths after assent - read s 2 2015-10-21 Animal Products Act 1999 Crown Entities Act 2004 Flags, Emblems, and Names Protection Act 1981 Health Act 1956 Official Information Act 1982 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999 Corrections Regulations 2005 Energy Efficiency (Energy Using Products) Regulations 2002 Gas (Safety and Measurement) Regulations 2010 Health and Safety in Employment (Asbestos) Regulations 1998 Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013 Health and Safety in Employment (Pipelines) Regulations 1999 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 Weights and Measures Regulations 1999 s 45(2) comes in force 1 day after assent - see s 2(1)(b) 46: Repeals 1: The Standards Act 1988 2: The Testing Laboratory Registration Act 1972 OIC LI 2015/312 2016-03-01 Standards Act 1988 S 46(1) comes in force by OIC or 6 mths after assent - read s 2 2015-10-21 Testing Laboratory Registration Act 1972 S 46(2) comes in force 1 day after assent - see s 2(1)(b) 47: Revocation The Standards Regulations 2006 OIC LI 2015/312 2016-03-01 Standards Regulations 2006 S 47 comes in force by OIC or 6 mths after assent - read s 2

DLM6577202

2015

Te Rarawa Claims Settlement Act 2015

1: Title This Act is the Te Rarawa Claims Settlement Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary matters, acknowledgements and apology, and settlement of Te Rarawa historical claims Preliminary matters 3: Purpose The purpose of this Act is— a: to record the acknowledgements and apology given by the Crown to Te Rarawa in the deed of settlement; and b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Te Rarawa. 4: Provisions to take effect on settlement date 1: The provisions of this Act take effect on the settlement date unless stated otherwise. 2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— a: the provision to have full effect on that date; or b: a power to be exercised under the provision on that date; or c: a duty to be performed under the provision on that date. 5: Act binds the Crown This Act binds the Crown. 6: Outline 1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. 2: This Part a: sets out the purpose of this Act; and b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and c: specifies that the Act binds the Crown; and d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Te Rarawa, as recorded in the deed of settlement; and e: defines terms used in this Act, including key terms such as Te Rarawa and historical claims; and f: provides that the settlement of the historical claims is final; and g: provides for— i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and ii: a consequential amendment to the Treaty of Waitangi Act 1975 iii: the effect of the settlement on certain memorials; and iv: the exclusion of the limit on the duration of a trust v: access to the deed of settlement. 3: Part 2 a: in subpart 1 b: cultural redress that does not involve the vesting of land, namely,— i: in subpart 2 ii: in subpart 3 iii: in subpart 4 iv: in subpart 5 v: in subpart 6 vi: in subpart 7 vii: in subpart 8 viii: in subpart 9 4: Part 3 a: in subpart 1 b: in subpart 2 c: in subpart 3 d: in subpart 4 5: There are 6 schedules, as follows: a: Schedule 1 b: Schedule 2 c: Schedule 3 d: Schedule 4 e: Schedule 5 f: Schedule 6 Section 6(2)(g)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown 7: Summary of historical account, acknowledgements, and apology 1: Section 8 2: Sections 9 10 3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement. 8: Summary of historical account 1: Te Rarawa is a confederation of hapū, which emerged in the 16th century and occupied the land in and around Hokianga, Whāngāpe and Ōwhata harbours, Te Oneroa-a-Tohe, Tangonge and areas lying inland to Maungataniwha. Today, Te Rarawa and affiliated and associated hapū have as their foundation 23 hapū marae. Each hapū has its own identity. 2: Te Rarawa began to foster relationships with European sawyers, traders, and missionaries from the early 1800s. In an attempt to expand their own economic activities and take advantage of developing technological opportunities, Te Rarawa allowed a number of settlers to live on their land. 3: By the 1830s, political engagement between Te Rarawa and the Crown had begun, and the iwi supported the idea of Māori taking a united approach to engagement with British officials. In 1835, Te Rarawa rangatira signed He Whakaputanga o te Rangatiratanga o Nū Tīreni (the Declaration of Independence); this was followed by the signing of te Tiriti o Waitangi/ the Treaty of Waitangi in 1840. 4: Prior to the signing of the Treaty, Te Rarawa had entered into over 20 transactions with settlers, for land around the Kaitāia plains and the coastal fringe of the northern Hokianga Harbour along to the western arm of the Mangamuka River. While these transactions introduced Te Rarawa to British ideas of land ownership, the iwi maintained their traditional approach towards land dealings with an expectation of ongoing rights and obligations, often continuing to occupy and cultivate land. 5: After the 1840 signing, the Crown investigated pre-Treaty land transactions within Te Rarawa rohe, which included vital kainga and cultivation areas; approximately 21 500 acres of which went to the Crown as surplus land. 6: Further land was alienated when the Crown began a large scale land purchasing programme in the far north from 1858, with the aim of extinguishing customary land title and securing Crown ownership for the purpose of opening up Māori land for European settlement. By 1865, the Crown had purchased more than 100 000 acres in the Te Rarawa rohe. 7: This land loss was compounded by later Crown purchasing and the impact of the native land laws, which gave rights to individuals. This disrupted Te Rarawa tikanga and divided hapū, as the new land tenure system did not provide for the full range of complex and overlapping traditional land rights. 8: Even though there was limited European settlement on the acquired Crown land, and the Crown was aware that previous purchases had not brought economic benefits to the iwi, the Crown continued to purchase land in the Te Rarawa rohe. From the 1870s to late nineteenth century, it purchased over 130 000 acres of Te Rarawa land and forest. 9: By the time the Crown suspended their land purchasing in 1899, Te Rarawa held less than a third of their original land. 10: Twentieth century claims from Te Rarawa relate largely to land administration issues, including failure to protect iwi interests in Te Karae and Waireia D, which were compulsorily vested in the Tokerau Māori Land Board. The Crown’s land consolidation resulted in some Te Rarawa losing interests in land to which they had ancestral connections. 11: The cumulative impact of Crown actions and omissions left many Te Rarawa without sufficient and suitable land for their needs. The iwi have lacked opportunities for economic, social, and cultural development, and those who remained in their rohe now live in one of the most deprived areas in New Zealand. Whakarāpototanga ā-hītori 1: He whakatōpūtanga ā-hapū a Te Rarawa i takea mai i te rautau tekau mā ono, ā, ka nohoia ngā whenua o ngā whanga o Hokianga, o Whāngāpē, o Ōwhata me ērā e karapoti ana, tae atu atu ki Te Oneroa-a-Tōhe, ki Tāngonge me ngā takiwā ki tua ki Maungataniwha. I tēnei rā, e 23 ngā hapū ā-tuakiri motuhake e whai pānga ana, e piri ā-whakapapa mai ana rānei ki a Te Rarawa, te tūāpapa o tōna mana. 2: Mai i ngā tau tōmua o te rautau tekau mā iwa, i tīmata ai te whakaratarata atu a Te Rarawa ki ngā kaikani rākau, ki ngā kaihokohoko, tae atu ki ngā mihingare. Mā te whakaae a Te Rarawa kia noho mai a Tauiwi ki runga i ō rātou ake whenua, ka whakaarohia kia whānui ā rātou ake mahi ōhanga me te hopu anō i ngā huarahi whakawhanake ā-hangarau. 3: Tae rawa ki ngā tau 1830, kua tīmata kē ngā whakawhitiwhitinga tōrangapū ki waenganui i a Te Rarawa me te Karauana ā, ka tautokona e te iwi kia kotahi tonu te whakapā ki ngā apiha o Peretānia. I te tau 1835, ka waitohungia e Te Rarawa He Whakaputanga o te Rangatiratanga o Nu Tireni 4: I mua i te waitohutanga o te Tiriti o Waitangi, kua uru kē a Te Rarawa ki te 20 whakawhitinga whenua me Tauiwi mō ngā whenua e takoto atu ana ki ngā mania o Kaitāia, tae atu ki te takutai moana o te Whanga o Hokianga ki te raki, ki te taha matau o te Awa o Mangamuka. 5: I muri i te waitohutanga o te tau 1840, ka mātaitia e te Karauna ngā hokonga whenua i mua i te Tiriti ki roto i te rohe o Te Rarawa, tae atu ki ngā kāinga, ngā māra kai hoki. E tata ana ki te 21 500 eka whenua i riro atu ki te Karauna hei whenua toenga. 6: Ka haere tonu te whakangaro whenua nā te tīmatatanga o te Karauna i tētahi hōtaka hoko whenua whānui tonu ki te Tai Tokerau, mai i te tau 1858. Ko te whāinga kē he whakaweto i te taitara whenua tuku iho, ā, kia horapa anō ngā āhuatanga o te pupuri whenua ā-Karauna. Mā konā e wātea ai ngā whenua Māori kia nohoia e Tauiwi. Tae rawa mai ki te tau 1865, neke atu i te 100 000 eka whenua te rahi i hokona mai i te rohe o Te Rarawa. 7: Ka taimaha ake tēnei ngaronga whenua nā te hoko whenua haere a te Karauna i muri mai, tae atu ki te pānga o ngā ture whenua Māori i tohu mana ai ki te tangata takitahi. Nāna ka raru ngā tikanga a Te Rarawa, ka wehewehe ngā hapū nā te mea, kāhore te pūnaha taitara whenua hou i āta whakaaro mō te whānuitanga o ngā mana whenua tuku iho, he mea matarau, he mea inaki hoki. 8: Ahakoa te nohonoho mai o Tauiwi ki ngā whenua i hokona mai e te Karauna, me te mōhio o te Karauna, kāhore ngā hokonga o muri i mau painga ā-ōhanga mai ki te iwi, ka haere tonu te hokohoko whenua i te rohe o Te Rarawa. Mai i ngā tau 1870 tae atu ki ngā tau tōmuri o te rautau tekau mā iwa, neke atu i te 130 000 eka whenua, ngahere hoki te rahi i hokona i te rohe o Te Rarawa. 9: Nō te tārewatanga o te Karauna i tō rātou hōtaka hoko whenua i te tau 1899, iti iho i te 33 ōrau o ngā whenua taketake o Te Rarawa i pupuritia tonutia ai. 10: Ka hāngai atu ngā kerēme whenua a Te Rarawa i te rautau rua tekau, ki ngā take e pā ana ki te whakahaere whenua, tae atu ki te hapa ki te whakapūmau i ngā pānga ki Te Karae me Waireia D, I tukuna ā-turehia ai ki raro i te mana o Te Tai Tokerau Land Board. Nā te hōtaka whakakotahi whenua a te Karauna, ka ngaro atu i ētahi tāngata ō rātou ake pānga ki ngā whenua tīpuna. 11: Nā te pānga katoa o ngā mahi me ngā hapanga a te Karauana, ka noho te tokomaha o Te Rarawa ki raro I te kapua o te kore whenua, kāore e rahi ana, kāore e tika ana kia ea ai ō rātou hiahia. Kua kore he huarahi mō te whakawhanaketanga ā-ōhanga, ā-papori, ā-tikanga hoki ā, kei raro te iwi e noho mai ana, i te korowai o te pōhara me te mōreareatanga ā-hauora, ā- tikanga Māori anō hoki, huri noa i Aotearoa. 9: Acknowledgements 1: The Crown acknowledges that, prior to te Tiriti o Waitangi/the Treaty of Waitangi, Te Rarawa sought a good relationship with the Crown and to benefit from contact with settlers while maintaining control over their affairs. 2: The Crown also acknowledges that,— a: despite the promise of te Tiriti o Waitangi/the Treaty of Waitangi, many Crown actions created long-standing grievances for the hapū of Te Rarawa; and b: over the generations, Te Rarawa have sought to have their grievances addressed and have petitioned the Crown; and c: the work of pursuing justice for these grievances has placed a heavy burden on the whānau and hapū of Te Rarawa and impacted on the physical, mental, spiritual, and economic health of the people; and d: the Crown has never properly addressed these historical grievances and recognition is long overdue. Surplus lands 3: The Crown acknowledges that flaws in its investigation of pre-Treaty land transactions breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles and resulted in the hapū of Te Rarawa losing land including vital kainga and cultivation areas at Tangonge, Motukaraka, Awanui, Ōkiore, Kerekere, Pukepoto, Mangamuka River, and elsewhere. These flaws included— a: failure to investigate transactions for which scrip b: failure to ensure the preservation of occupation and use rights agreed in the pre-Treaty deeds for Awanui, Ōkiore, Ōhotu, and Pukepoto lands; and c: taking decades to settle title or assert its own claim to these lands. 4: The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi surplus lands Pre-1865 Crown purchasing 5: The Crown acknowledges that— a: it led Te Rarawa to believe on a number of occasions in negotiations between the 1850s and 1865 that the Crown’s acquisition of land would result in European settlement, which would create economic benefits for Te Rarawa; and b: it acquired over 100 000 acres of land for a low price without the benefit of a formal investigation into land ownership, and did not always pay for timber resources on the land it purchased; and c: it failed to actively protect Te Rarawa by ensuring adequate reserves were set aside on the lands it purchased or protecting from alienation the few reserves it set aside and this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi Impact of native land laws 6: The Crown acknowledges that— a: from 1865, without consulting Te Rarawa, it reformed their land tenure system by giving rights to individuals where Te Rarawa tikanga provided for land to be held on a hapū and iwi basis; and b: its reforms did not provide for the full range of complex and overlapping traditional land rights to be legally recognised; and c: Te Rarawa whānau and hapū had no choice but to participate in the Native Land Court system to protect their land against claims from others and to integrate land into the modern economy; and d: the native land system caused division between hapū, involved considerable expense and disruption for Te Rarawa and in some cases led to land having to be sold to cover survey expenses. 7: The Crown acknowledges that— a: the operation and impact of the native land laws, in particular the awarding of land to individuals and enabling of individuals to deal with that land without reference to iwi and hapū, made those lands more susceptible to alienation. In this way the Crown’s imposition of a new land tenure system undermined the cultural order of hapū and iwi and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi b: increasing fragmentation and partition of land interests over time made it difficult for Te Rarawa to utilise their land; and c: the Crown’s failure to provide a legal means for the collective administration of Te Rarawa land until 1894 was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 8: The Crown acknowledges that even though there was little European settlement on lands it held at 1865, it aggressively sought to purchase more Te Rarawa land, particularly in the 1870s. The Crown acquired over 130 000 acres by 1897, but the economic benefits the Crown led Te Rarawa to expect failed to materialise. Instead many lands were retained by the Crown for scenery, conservation, and other public purposes. 9: The Crown further acknowledges that the combined effect of actions such as— a: the use of payments for land (tāmana) before title to the land was determined by the Native Land Court; and b: encouragement from the Crown to restrict lists of owners put forward when the court was determining title to more easily finalise its purchase of land; and c: purchases where the Crown dismissed the value of timber when assessing and negotiating the price of forested land; and d: the use of monopoly purchasing powers; and e: its failure to ensure the reserves provisions in the native land legislation were applied and Te Rarawa hapū retained sufficient good quality land for their ongoing needs— meant the Crown failed to actively protect the interests of Te Rarawa, which was in breach of te Tiriti o Waitangi/the Treaty of Waitangi 10: The Crown acknowledges that as a result of its purchases many hapū lost sites of special significance including their wāhi tapu. 11: The Crown acknowledges that Te Rarawa hapū have carried a grievance in relation to the Crown’s acquisition of the Te Kauae-o-Ruru-Wahine blocks (the Warawara) for more than 130 years contending the sale of land allowed for the ongoing customary use of timber and other resources. Twentieth-century Māori land administration 12: The Crown acknowledges its policies for Māori land administration in the twentieth century effectively suspended Te Rarawa’s full rights of ownership in their remaining lands for many decades and that it continued to acquire Te Rarawa land in this context. 13: The Crown acknowledges that— a: the compulsory vesting of land in the Tokerau Māori Land Board between 1907 and 1909 without Te Rarawa consent breached te Tiriti o Waitangi/the Treaty of Waitangi b: when Te Rarawa or associated hapū did regain control of their land, it often had large debts and the landowners were liable for compensating lessees for improvements. In the case of Te Karae, the Tokerau Board made no provision to pay this compensation before it became due. 14: The Crown acknowledges that— a: it compulsorily vested Te Karae block in the Tokerau Māori Land Board in 1907 so it could be leased for development but remain in the ownership of Te Rarawa and its associated hapū; and b: after lobbying by lessees in 1915, the Crown purchased a large proportion of Te Karae to help lessees freehold land they were otherwise prohibited from purchasing directly despite resistance from the majority of the owners; and c: the Crown’s purchase of a large proportion of Te Karae in these circumstances breached te Tiriti o Waitangi/the Treaty of Waitangi 15: The Crown also acknowledges that Te Karae owners effectively funded the development of the roading network for settlement of the area and provided land for public roads between Kohukohu and Broadwood and Mangamuka Bridge. 16: The Crown acknowledges that— a: the interests of Te Rarawa were prejudiced when the Board allowed the sale of Waireia D to be completed in 1914 despite the opposition of a majority of owners; and b: it failed to fairly value the timber on Waireia D, which Te Rarawa had agreed should be sold at Crown valuation, with the result that Te Rarawa received no payment for the considerable quantity of timber on this block; and c: its failure to adequately protect Te Rarawa interests in land they wished to retain breached te Tiriti o Waitangi/the Treaty of Waitangi Land development, title reform, and consolidation schemes 17: The Crown acknowledges that the consolidation schemes it carried out to address the fragmentation of Te Rarawa landholdings in the twentieth century— a: created uncertainty extending over several decades for many Te Rarawa as to the extent and location of their land interests; and b: resulted in some Te Rarawa losing interests in land to which they had ancestral connections, and some people receiving interests in Te Rarawa land to which they had no ancestral connections. 18: The Crown acknowledges that it established development schemes to develop commercial farms on Māori land using Crown loans, and Crown assistance to Te Rarawa for farming and development came nearly 40 years after it was made available for lands held in individualised title. 19: The Crown further acknowledges that— a: it deprived Te Rarawa of control of large areas of their remaining land over a number of decades in the twentieth century through its administration of development schemes; and b: it kept land such as Tapuwae under its control much longer than Te Rarawa expected when the development schemes were first established; and c: the costs of these schemes grew into large debts, which were passed on to Te Rarawa land owners when their lands were released from Crown control at the conclusion of development schemes; and d: the Crown’s administration of development schemes did not meet the positive outcomes that Te Rarawa were led to expect, and it was difficult for Te Rarawa to profitably farm some of the land returned to them. 20: The Crown acknowledges that it promoted legislation that empowered the Māori Trustee between 1953 and 1974 to compulsorily acquire Te Rarawa land interests the Crown considered uneconomic. The Crown acknowledges this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi Protest by Maraea Te Awaroa Heke 21: The Crown acknowledges the longstanding grievance of the descendants of Maraea Te Awaroa Heke and Ngāti Torotoroa arising from the imprisonment of Maraea for disrupting a road survey. The Crown acknowledges that— a: it did not consult the Ngāti Torotoroa hapū before surveying a road through their land at Owhata in 1937; and b: the Crown did not fully investigate the status of the land being surveyed until 1941 and later acknowledged that the survey records gave no certainty about who owned the disputed land; and c: the Crown did not provide any compensation to Maraea Te Awaroa Heke or her whānau despite a Native Land Court recommendation to do so; and d: the Crown’s actions fell short of actively protecting the interests of the Maraea Te Awaroa Heke whānau and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown now seeks to restore the honour of Maraea Te Awaroa Heke and ease the burden of hurt her whānau have felt for generations. Natural resources 22: The Crown acknowledges it has not undertaken sand dune reclamation work at Kahakaharoa and Wairoa, despite being aware that Te Rarawa only sold these blocks to the Crown to facilitate this work in the 1950s. 23: The Crown acknowledges— a: the importance to Te Rarawa of the whenua, awa, maunga, and moana as part of their identity and places of mahinga kai and other resources important for cultural and physical sustainability; and b: the Crown has limited the opportunities for Te Rarawa to develop and use some of these resources and, until recently, has failed to acknowledge the special relationship of Te Rarawa to their environment; and c: the Crown assumed control of estuarine areas in the Hokianga, Whāngāpe, and Herekino harbours, and allowed private interests to reclaim some of these areas for farming; and d: the degradation of the environment arising from deforestation, siltation, drainage and development schemes, introduced weeds and pests, farm run-off, and other pollution has been a source of distress and grievance to Te Rarawa. 24: The Crown also acknowledges— a: the ongoing sense of grievance for Te Rarawa hapū arising from the drainage of the Tangonge wetlands over time and the resultant destruction of mahinga kai; and b: the damage and loss of mahinga kai and other resource-gathering places which has led to a decline in species of flora and fauna of importance to Te Rarawa has been a source of distress. 25: The Crown acknowledges— a: the significance of Te Oneroa-a-Tohe to Te Rarawa as taonga and vital to their spiritual and material well-being; and b: the exclusion of Te Rarawa from any meaningful role in the management of and care for Te Oneroa-a-Tohe since the 1900s has been a source of distress to Te Rarawa; and c: the Crown has failed to respect, provide for, and protect the special relationship of Te Rarawa to Te Oneroa-a-Tohe. Māpere 26: The Crown acknowledges that it retained land at the Māpere school site for more than 100 years after it was no longer used as Te Rarawa had intended when they originally transferred it to the Crown for education purposes, and this has been a source of grievance and distress to the Ahipara hapū. Petroleum/minerals 27: The Crown acknowledges that Te Rarawa was not consulted when the Crown extended its control of natural resources to include minerals and are aggrieved at the Crown’s assumption of control, to which they have never agreed. Socio-economic circumstances 28: The Crown acknowledges that over time the hapū of Te Rarawa have lacked opportunities for economic, social, and cultural development, and for too long this has had a detrimental effect on their material, cultural, and spiritual well-being. 29: The Crown acknowledges the cumulative effects of its actions and omissions has left many Te Rarawa hapū without enough suitable land for their present and future needs and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 30: The Crown acknowledges that— a: until recently, Te Rarawa were not consulted about Crown policies that might be detrimental to their health, education, economic development, or cultural practices; and b: the alienation of Te Rarawa hapū from their lands has profoundly affected their economic, social, and cultural development, and had devastating impacts on the way te reo Māori and knowledge of tikanga Māori practices are passed between generations of the hapū of Te Rarawa; and c: those living within their rohe have endured social and economic deprivation for too long. Their health and housing has been worse than that of many New Zealanders and they have not enjoyed the same opportunities. Te reo 31: The Crown acknowledges the significant harm Te Rarawa children suffered by being punished for speaking their own language in State schools for many decades. Education 32: The Crown also acknowledges that historically the education outcomes for students in schools in the Te Rarawa area have lagged well below those of other New Zealand children. Partnership, protection, and participation 33: The Crown acknowledges that successive generations of Te Rarawa made significant contributions to the development and wealth of the nation. 34: The Crown acknowledges that Te Rarawa have helped to meet the nation’s defence obligations, including service in two world wars. The Crown acknowledges the loss to Te Rarawa of those who died in the service of their country in New Zealand and overseas. 35: The Crown acknowledges that Te Rarawa has honoured its obligations and responsibilities under te Tiriti o Waitangi/ the Treaty of Waitangi 10: Apology 1: The Crown makes this apology to Te Rarawa, to the hapū, to the tūpuna, and to their descendants. The Crown unreservedly apologises for not having honoured its obligations to Te Rarawa under te Tiriti o Waitangi/the Treaty of Waitangi 2: For too long the Crown has failed to deal with your grievances in an appropriate way. The burden of pursuing justice and redress for the Crown’s wrongs has been borne by generations of Te Rarawa. That work has consumed the people, been the focus of hapū and iwi politics for generations, and impeded your growth and development since the nineteenth century. 3: The Crown apologises for the hurt and ongoing grievance caused by its prolonged investigation of pre-Treaty land transactions and its taking of surplus lands. The Crown regrets this left Te Rarawa with considerable uncertainty for generations and alienated highly valued lands from the hapū. 4: The Crown apologises for its aggressive land purchasing programme, which failed to deliver the expected outcomes for Te Rarawa. These actions deprived Te Rarawa of the benefits of their land and its resources, while the Crown often failed to utilise the land itself. 5: The Crown apologises for the inequality of access to development opportunities Te Rarawa has suffered and for impairing the ability of whānau, hapū, and iwi to make full use of their remaining lands. 6: The Crown apologises for its actions that affected those who sought to protect their land interests in the face of Crown actions. In particular, the Crown apologises for the wrong that was done to Maraea Te Awaroa Heke by surveying a road through whānau land at Ōwhata, and for the consequences which flowed from this. The Crown now seeks to restore the honour of Maraea Te Awaroa Heke and ease the burden of hurt her whānau have felt for generations. 7: The Crown apologises for the cumulative impact of its historical breaches of te Tiriti o Waitangi/the Treaty of Waitangi 8: The Crown profoundly regrets its failure to respect Te Rarawa rangatiratanga, and that its actions over the generations to the present day have significantly eroded your landholdings and impacted on your social and traditional structures, your autonomy and ability to exercise your customary rights and responsibilities. The legacy of historical grievance has undermined your potential in ways that will never be fully understood. 9: Through this apology the Crown seeks to atone for these wrongs and relieve the burden of historical grievance so the process of healing can begin. The Crown looks forward to building a new relationship with Te Rarawa based on te Tiriti o Waitangi/the Treaty of Waitangi Interpretation provisions 11: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 12: Interpretation In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Aupouri Forest section 163 commercial redress property section 163 common marine and coastal area section 9(1) computer register a: has the meaning given in section 4 b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 163 Crown forestry licence section 163 cultural redress property section 22 deed of settlement a: means the deed of settlement dated 28 October 2012 and signed by— i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and ii: Joseph Christopher Cooper, Malcolm Peri, Paul White, Haami Piripi, and Kevin Robinson, for and on behalf of Te Rarawa; and b: includes— i: the schedules of, and attachments to, the deed; and ii: any amendments to the deed or its schedules and attachments deferred selection property section 163 Director-General documents schedule effective date historical claims section 14 interest korowai subpart 3 LINZ local authority section 5(1) member of Te Rarawa section 13(1)(a) NgāiTakoto Te Rūnanga o NgāiTakoto sections 12 13 Ngāti Kahu Ngāti Kahu governance entity Ngāti Kuri section 13 Peninsula Block section 163 property redress schedule regional council Schedule 2 Registrar-General section 4 representative entity a: the trustees; and b: any person (including any trustee) acting for or on behalf of— i: the collective group referred to in section 13(1)(a) ii: 1 or more members of Te Rarawa; or iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) reserve section 2(1) reserve property section 22 resource consent section 2(1) RFR subpart 4 RFR date RFR land balance RFR land exclusive RFR land shared RFR land section 182 RFR period section 182 settlement date statutory acknowledgement section 123 Te Aupouri Te Rūnanga Nui o Te Aupouri Trust sections 12 13 Te Hiku o Te Ika iwi a: means any or all of the following: i: Ngāti Kuri: ii: Te Aupouri: iii: NgāiTakoto: iv: Te Rarawa; and b: includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 4 Te Hiku o Te Ika iwi governance entities governance entities a: mean the governance entity of any or all of the following: i: Ngāti Kuri: ii: Te Aupouri: iii: NgāiTakoto: iv: Te Rarawa; and b: include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 4 Te Manawa o Ngāti Kuri Trust section 12 Te Rarawa section 13 Te Rarawa area of interest area of interest Te Rūnanga o Te Rarawa tikanga trustees of Te Rūnanga o Te Rarawa trustees 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: b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday: c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 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 13: Meaning of Te Rarawa 1: In this Act, Te Rarawa a: means the collective group composed of individuals who are descended from— i: an ancestor of Te Rarawa; or ii: an affiliate ancestor; or iii: an ancestor of an associated hapū; and b: includes those individuals; and c: includes all of the hapū specified in Schedule 1 d: includes any whānau, hapū, or group to the extent that it is composed of those individuals; and e: includes every individual who is a member of a hapū, group, family, or whānau referred to in paragraphs (c) or (d) 2: In this section and section 14 affiliate ancestor a: exercised customary rights by virtue of being descended from— i: a recognised ancestor of a hapū specified in Part 2 ii: in the case of Ngāti Wairupe-Ngāti Kuri, their being descended from Houmeaiti and the marriage of Wairupe to Kuri; and b: exercised the customary rights predominantly in relation to the Herekino, Epaakauri, Orowhana, and Te Tauroa areas at any time after 6 February 1840 ancestor of an associated hapū a: exercised customary rights by virtue of being descended from a recognised ancestor of an associated hapū specified in Part 3 b: exercised the customary rights predominantly in relation to the Tauteihiihi to Mangamuka areas at any time after 6 February 1840 ancestor of Te Rarawa a: exercised customary rights by virtue of being descended from a recognised ancestor of a hapū of Te Rarawa specified in Part 1 b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 associated hapū Part 3 customary rights a: rights to occupy land; and b: rights in relation to the use of land or other natural or physical resources descended a: birth; or b: legal adoption; or c: Māori customary adoption in accordance with Te Rarawa tikanga. 14: Meaning of historical claims 1: In this Act, historical claims a: means the claims described in subsection (2) b: includes the claims described in subsection (3) c: does not include the claims described in subsection (4) 2: The historical claims are every claim that Te Rarawa or a representative entity had on or before the settlement date, or may have after the settlement date, and that— a: is founded on a right arising— i: from te Tiriti o Waitangi/the Treaty of Waitangi ii: under legislation; or iii: at common law (including aboriginal title or customary law); or iv: from a fiduciary duty; or v: otherwise; and b: arises from, or relates to, acts or omissions before 21 September 1992— i: by or on behalf of the Crown; or ii: by or under legislation. 3: The historical claims include— a: a claim to the Waitangi Tribunal that relates exclusively to Te Rarawa or a representative entity, including each of the following claims, to the extent that subsection (2) i: Wai 112 (Kaitaia Lands claim): ii: Wai 128 (Hokianga Lands and Waters claim): iii: Wai 243 (Wararawa Forest claim): iv: Wai 273 (Tapuwae Incorporation claim): v: Wai 341 (Te Karae Block claim): vi: Wai 403 (Mitimiti Land claim): vii: Wai 450 (Waireia Lands claim): viii: Wai 452 (Tapuwae and Other Land Blocks claim): ix: Wai 626 (Te Kohanga No 1 Block claim): x: Wai 696 (Ngāti Haua Rohe (Muriwhenua) claim): xi: Wai 730 (Te Rarawa ki Muriwhenua claim): xii: Wai 805 (Rawhitiroa and Owhata Lands (Northland) claim): xiii: Wai 981 (Ngaitupoto Hokianga Lands claim): xiv: Wai 1669 (Hapakuku Hapū Claim): xv: Wai 1671 (Te Whānau Kendall Trust Claim): xvi: Wai 1690 (Ngāti Haua (Taylor) Claim): xvii: Wai 1699 (Tangonge (Kaitaia Lintel) Claim): xviii: Wai 1714 (Martin Family Trust Claim): xix: Wai 2009 (Parewhero Hapū Claim); and b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) i: Wai 22 (Muriwhenua Fisheries and SOE claim): ii: Wai 45 (Muriwhenua Land claim): iii: Wai 82 (Pingongo Pā—Parish of Omanaia claim): iv: Wai 118 (Mapere 2 claim): v: Wai 249 (Ngapuhi Nui Tonu claim): vi: Wai 250 (Hokianga Fisheries claim): vii: Wai 262 (Indigenous Flora and Fauna and Cultural Intellectual Property claim): viii: Wai 462 (Maungataniwha and Raetea Forests claim): ix: Wai 548 (Takahue No 1 Block claim): x: Wai 763 (Kapehu Blocks and Rating claim): xi: Wai 765 (Muriwhenua South Block and Part Wharemaru Block claim): xii: Wai 861 (Tai Tokerau District Māori Council Lands): xiii: Wai 974 (Kaikohe Whenua Public Works claim): xiv: Wai 985 (Hokianga Regional Lands claim): xv: Wai 1040 (Te Paparahi o Te Raki claim): xvi: Wai 1359 (Muriwhenua Land Blocks claim): xvii: Wai 1662 (Muriwhenua Hapū Collective claim): xviii: Wai 1695 (Descendants of Tepora Paraone and Keene Ihaka Claim): xix: Wai 1701 (Te Rarawa (Piripi) Claim): xx: Wai 1968 (Tutamoe Pā (Rueben Porter) Claim): xxi: Wai 1981 (Mangonui, Parapara and Kenana (Boynton) Claim): xxii: Wai 2000 (Harihona Whānau Claim). 4: However, the historical claims do not include— a: a claim that a member of Te Rarawa, or a whānau, hapū, or group referred to in section 13(1)(c) b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a) c: despite subsection (3)(b)(vii) and (xv) d: a claim that a member of an associated hapū, Te Ihutai or Kohatutaka, had or may have by virtue of being descended from an ancestor of Ngāpuhi whakapapa. 5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed 15: Settlement of historical claims final 1: The historical claims are settled. 2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. 3: Subsections (1) and (2) 4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of— a: the historical claims; or b: the deed of settlement; or c: this Part Parts 2 3 d: the redress provided under the deed of settlement or this Part Parts 2 3 5: Subsection (4) this Part Parts 2 3 Amendment to Treaty of Waitangi Act 1975 16: Amendment to Treaty of Waitangi Act 1975 1: This section amends the Treaty of Waitangi Act 1975 2: In Schedule 3 Te Rarawa Claims Settlement Act 2015 section 15(4) and (5) 2015-09-23 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply 17: Certain enactments do not apply 1: The enactments listed in subsection (2) a: to a cultural redress property; or b: to a commercial redress property; or c: to a deferred selection property on and from the date of its transfer to the trustees; or d: to the exclusive RFR land or the shared RFR land on and from the RFR date for the land; or e: for the benefit of Te Rarawa or a representative entity. 2: The enactments are— a: Part 3 b: sections 568 to 570 c: Part 3 d: sections 27A to 27C e: sections 8A to 8HJ Section 17(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020 18: Resumptive memorials to be cancelled 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that— a: is all or part of— i: a cultural redress property: ii: a commercial redress property: iii: a deferred selection property: iv: the RFR land; and b: is subject to a resumptive memorial recorded under any enactment listed in section 17(2) 2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after— a: the settlement date, for a cultural redress property or a commercial redress property; or b: the date of transfer of the property to the trustees, for a deferred selection property; or c: the RFR date applying to— i: the exclusive RFR land: ii: the shared RFR land. 3: Each certificate must state that it is issued under this section. 4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must— a: register the certificate against each computer register identified in the certificate; and b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters 19: Limit on duration of trusts does not apply 1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 a: do not prescribe or restrict the period during which— i: Te Rūnanga o Te Rarawa may exist in law; or ii: the trustees may hold or deal with property or income derived from property; and b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. 2: However, if Te Rūnanga o Te Rarawa is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019 20: Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice. 21: Provisions of other Acts that have same effect If a provision in this Act has the same effect as a provision in 1 or more of the Ngāti Kuri Claims Settlement Act 2015 Te Aupouri Claims Settlement Act 2015 NgāiTakoto Claims Settlement Act 2015 2: Cultural redress 1: Vesting of cultural redress properties 22: Interpretation In this subpart,— cultural redress property Schedule 2 Properties vested in fee simple 1: Hukatere site B: 2: Mangamuka Road property, Mangamuka: 3: Mangamuka Road property, Tūtekēhua: 4: Mapere: 5: Motukaraka site A: 6: Part former Awanui (Kaitaia) Riverbed: 7: Pukepoto School property: 8: Rotokakahi property: 9: Tauroa Point site B: 10: Tauroa Point site C: 11: Te Oneroa a Tōhē–Clarke Road property: 12: 12 Waiotehue Road: 13: Whangape property: 14: Whangape Road property: Properties vested in fee simple to be administered as reserves 15: Awanui River property: 16: Epakauri site A: 17: Epakauri site B: 18: Kaitaia Domain: 19: Rotokakahi War Memorial property: 20: Tauroa Point site A: 21: Tauroa Point site D: 22: Te Tāpairu Hirahira o Kahakaharoa: 23: Mai i Waikanae ki Waikoropūpūnoa ( Beach site A 24: Mai i Hukatere ki Waimahuru ( Beach site B 25: Mai i Ngāpae ki Waimoho ( Beach site C 26: Mai i Waimimiha ki Ngāpae ( Beach site D Properties vested in fee simple subject to conservation covenant 27: Motukaraka site B: 28: Lake Tangonge site A: 29: Lake Tangonge site B: 30: Tangonge property joint management body section 68 jointly vested property paragraphs (23) to (26), (28), and (30) reserve property paragraphs (15) to (26) Properties vested in fee simple 23: Hukatere site B 1: Hukatere site B ceases to be Crown forest land under the Crown Forest Assets Act 1989. 2: The fee simple estate in Hukatere site B vests in the trustees. 24: Mangamuka Road property, Mangamuka The fee simple estate in the Mangamuka Road property, Mangamuka, vests in the trustees. 25: Mangamuka Road property, Tūtekēhua 1: The fee simple estate in the Mangamuka Road property, Tūtekēhua (the recorded name of which is Tutekehua), vests in the trustees. 2: In this section, recorded name section 4 26: Mapere 1: The reservation of Mapere as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Mapere vests in the trustees. 27: Motukaraka site A 1: The fee simple estate in Motukaraka site A vests in the Crown as Crown land subject to the Land Act 1948 2: The fee simple estate in Motukaraka site A vests in the trustees. 28: Part former Awanui (Kaitaia) Riverbed The fee simple estate in the Part former Awanui (Kaitaia) Riverbed vests in the trustees. 29: Pukepoto School property 1: This section applies subject to section 30 2: The fee simple estate in the Pukepoto School property vests in the trustees. 3: Subsection (2) 30: Vesting and alternative description of Pukepoto School property in specified circumstances 1: In this section, Pukepoto School House site 2: If the board section 29(2) and (3) Part 2 3: However, if the board section 29(2) and (3) Part 1 Section 30(2) amended 1 August 2020 section 668 Education and Training Act 2020 Section 30(3) amended 1 August 2020 section 668 Education and Training Act 2020 31: Rotokakahi property 1: The reservation of the Rotokakahi property as a local purpose reserve subject to the Reserves Act 1977 2: The fee simple estate in the Rotokakahi property vests in the trustees. 32: Tauroa Point site B 1: Tauroa Point site B ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Tauroa Point site B vests in the trustees. 33: Tauroa Point site C 1: Tauroa Point site C ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Tauroa Point site C vests in the trustees. 34: Te Oneroa a Tōhē–Clarke Road property 1: The Te Oneroa a Tōhē–Clarke Road property ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in the Te Oneroa a Tōhē–Clarke Road property vests in the trustees. 35: 12 Waiotehue Road The fee simple estate in 12 Waiotehue Road vests in the trustees. 36: Whangape property 1: The reservation of the Whangape property as a local purpose reserve subject to the Reserves Act 1977 2: The fee simple estate in the Whangape property vests in the Crown as Crown land subject to the Land Act 1948 3: The fee simple estate in the Whangape property vests in the trustees. 37: Whangape Road property 1: The fee simple estate in the Whangape Road property vests in the trustees. 2: Subsection (1) Properties vested in fee simple to be administered as reserves 38: Awanui River property 1: The reservation of the Awanui River property (being Awanui River Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in the Awanui River property vests in the trustees. 3: The Awanui River property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Awanui River Scenic Reserve. 39: Epakauri site A 1: Epakauri site A ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Epakauri site A vests in the trustees. 3: Epakauri site A is declared a reserve and classified as a local purpose reserve, for the purposes of iwi and hapū development and conservation, subject to section 23 4: The reserve is named Epakauri Local Purpose (Iwi and Hapū Development and Conservation Purposes) Reserve. 40: Epakauri site B 1: Epakauri site B ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Epakauri site B vests in the trustees. 3: Epakauri site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Epakauri Scenic Reserve. 41: Kaitaia Domain 1: The reservation of Kaitaia Domain as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Kaitaia Domain vests in the trustees. 3: The part of Kaitaia Domain that is Section 2 SO 471334 is declared a reserve and classified as a recreation reserve subject to section 17 4: The reserve referred to in subsection (3) 5: The part of Kaitaia Domain that is Section 1 SO 471334 is declared a reserve and classified as a local purpose reserve, for the purposes of a marae site, subject to section 23 6: The reserve referred to in subsection (5) 42: Rotokakahi War Memorial property 1: The reservation of the Rotokakahi War Memorial property as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in the Rotokakahi War Memorial property vests in the trustees. 3: The Rotokakahi War Memorial property is declared a reserve and classified as a recreation reserve subject to section 17 4: The reserve is named Rotokakahi War Memorial Recreation Reserve. 43: Tauroa Point site A 1: Tauroa Point site A ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Tauroa Point site A vests in the trustees. 3: Tauroa Point site A is declared a reserve and classified as a historic reserve subject to section 18 4: The reserve is named Tauroa Point Historic Reserve. 44: Tauroa Point site D 1: Tauroa Point site D ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Tauroa Point site D vests in the trustees. 3: Tauroa Point site D is declared a reserve and classified as a recreation reserve subject to section 17 4: The reserve is named Tauroa Point Recreation Reserve. 5: Improvements (if any) in or on Tauroa Point site D do not vest in the trustees, despite subsection (2) 45: Te Tāpairu Hirahira o Kahakaharoa 1: Te Tāpairu Hirahira o Kahakaharoa ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Te Tāpairu Hirahira o Kahakaharoa vests in the trustees. 3: Te Tāpairu Hirahira o Kahakaharoa is declared a reserve and classified as a historic reserve subject to section 18 4: The reserve is named Te Tāpairu Hirahira o Kahakaharoa Historic Reserve. 5: The management board established by section 64 section 26 6: Subsection (5) section 70 46: Mai i Waikanae ki Waikoropūpūnoa 1: Any part of Beach site A that is a conservation area under the Conservation Act 1987 2: Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 35 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 35 d: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 26 4: Beach site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977. 5: The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve. 6: The joint management body established by section 68 section 26 7: Subsection (6) section 70 47: Mai i Hukatere ki Waimahuru 1: Any part of Beach site B that is a conservation area under the Conservation Act 1987 2: Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 36 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 36 d: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 27 4: Beach site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve. 6: The joint management body established by section 68 section 26 7: Subsection (6) section 70 48: Mai i Ngāpae ki Waimoho 1: Any part of Beach site C that is a conservation area under the Conservation Act 1987 2: Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 37 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 37 d: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 28 4: Beach site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve. 6: The joint management body established by section 68 section 26 7: Subsection (6) section 70 49: Mai i Waimimiha ki Ngāpae 1: Beach site D ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 38 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 38 d: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 29 3: Beach site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve. 5: The joint management body established by section 68 section 26 6: Subsection (5) section 70 50: Application of Crown forestry licence 1: Subsection (2) 2: As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite— a: the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977 b: administration by the joint management body established under section 68 3: Subsection (4) 4: The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block. 5: Despite the provisions of the Reserves Act 1977 subsection (4) a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 6: The permission of a council under section 348 subsection (4) Property vested in fee simple subject to conservation covenant 51: Lake Tangonge site A 1: Lake Tangonge site A ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Lake Tangonge site A vests as undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 33 3: Subsections (1) and (2) subsection (2) 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 52: Lake Tangonge site B 1: Lake Tangonge site B ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Lake Tangonge site B vests in the trustees. 3: Subsections (1) and (2) 4: The covenant is to be treated as a conservation covenant for the purposes of section 77 53: Motukaraka site B 1: The reservation of Motukaraka site B as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in Motukaraka site B vests in the Crown as Crown land subject to the Land Act 1948 3: The fee simple estate in Motukaraka site B vests in the trustees. 4: Subsections (1) to (3) 5: The covenant is to be treated as a conservation covenant for the purposes of section 77 54: Tangonge property 1: The fee simple estate in the Tangonge property vests in undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 34 2: Subsection (1) subsection (1) a: the Crown with a registrable covenant in relation to the Tangonge property on the terms and conditions set out in part 5.2 of the documents schedule; and b: the trustees of Te Rūnanga o Te Rarawa with a registrable right of way easement on the terms and conditions set out in part 5.3 of the documents schedule. 3: The covenant is to be treated as a conservation covenant for the purposes of section 77 General provisions applying to vesting of cultural redress properties 55: Properties vest subject to or together with interests Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 2 56: Interests in land for certain reserve properties 1: This section applies to each of Beach sites A, B, C, and D, and to Te Tāpairu Hirahira o Kahakaharoa while the property has an administering body that is treated as if the property were vested in it. 2: This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 reserve land 3: If the reserve property is affected by an interest in land listed for the property in Schedule 2 a: the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but b: the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence. 4: For the purposes of registering any interest in land that affects the reserve land,— a: if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest: b: if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land. 5: Subsections (3) and (4) section 70 57: Interests that are not interests in land 1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 2 2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property. 3: Whilst section 56 4: The interest applies— a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and b: with any other necessary modifications; and c: despite any change in status of the land in the property. 58: Vesting of share of fee simple estate in property In sections 59 to 62 59: Registration of ownership 1: This section applies to a cultural redress property vested in the trustees under this subpart. 2: Subsection (3) 3: The Registrar-General must, on written application by an authorised person,— a: register the trustees as the proprietors of the fee simple estate in the property; and b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 9 of the deed of settlement. 4: Subsection (5) a: a cultural redress property (other than a jointly vested property), but only to the extent that subsection (2) b: Mangamuka Road property, Mangamuka. 5: The Registrar-General must, in accordance with a written application by an authorised person,— a: create 1 or more computer freehold registers for the fee simple estate in the property in the name of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 6: For a jointly vested property (other than the Tangonge property), the Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 7: For the Tangonge property, the Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of— i: the trustees as to an undivided half share; and ii: the trustees of Te Rūnanga o NgāiTakoto as to an undivided half share; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 8: Subsections (5), (6), and (7) 9: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than— a: 24 months after the settlement date; or b: any later date that may be agreed in writing,— i: in the case of a property that is not a jointly vested property, by the Crown and the trustees; or ii: in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested. 10: In this section, authorised person a: the chief executive of LINZ, for the following properties: i: Hukatere site B: ii: Mangamuka Road property, Mangamuka: iii: Mangamuka Road property, Tutekēhua: iv: Part former Awanui (Kaitaia) Riverbed: b: the Secretary for Justice, for the following properties: i: Mai i Waikanae ki Waikoropūpūnoa: ii: Mai i Hukatere ki Waimahuru: iii: Mai i Ngāpae ki Waimoho: iv: Kaitaia Domain: v: Motukaraka site A: vi: Motukaraka site B: vii: Rotokakahi property: viii: Rotokakahi War Memorial property: ix: Tangonge property: x: 12 Waiotehue Road: xi: Whangape property: xii: Whangape Road property: c: the Secretary for Education for Pukepoto School property: d: the Director-General, for all other properties. 60: Application of Part 4A of Conservation Act 1987 1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 2: Section 24 a: a reserve property; or b: Pukepoto School property. 3: The marginal strip reserved by section 24 a: Whangape property is reduced to a width of 3 metres; and b: Whangape Road property is reduced to a width of 3 metres; and c: Mapere is reduced to a width of 3 metres in Section 3 SO 471338. 4: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 5: If the lease referred to in section 29 section 24 6: Subsections (2) to (5) subsection (1) 61: Matters to be recorded on computer freehold register 1: The Registrar-General must record on the computer freehold register,— a: for a reserve property (other than a jointly vested property or Te Tāpairu Hirahira o Kahakaharoa),— i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 60(4) 70 b: for Te Tāpairu Hirahira o Kahakaharoa,— i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 56(4) 60(4) 70 c: for the Pukepoto School property,— i: that the land is subject to Part 4A section 24 ii: that the land is subject to section 60(5) d: for the Whangape property and the Whangape Road property, that the land is subject to Part 4A e: for Mapere, that the land is subject to Part 4A f: for a jointly vested reserve property to which section 59(6) i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 56(4) 60(4) 70 g: for any other cultural redress property, that the land is subject to Part 4A 2: A notification made under subsection (1) Part 4A section 24D(1) 3: For a reserve property (other than a jointly vested property or Te Tāpairu Hirahira o Kahakaharoa), if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to sections 60(4) 70 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) 4: For Te Tāpairu Hirahira o Kahakaharoa, if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to sections 56(4) 60(4) 70 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) 5: For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register created under section 59 i: section 24 ii: the property is subject to sections 56(4) 60(4) 70 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) section 59 6: If the lease referred to in section 29 a: if none of the property remains subject to the lease, to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to section 60(5) b: if part of the property remains subject to the lease (the leased part i: section 24 ii: that part is subject to section 60(5) 7: The Registrar-General must comply with an application received in accordance with subsection (3)(a), (4)(a), (5)(a), or (6) 62: Application of other enactments 1: The vesting of the fee simple estate in a cultural redress property under this subpart does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 2: The permission of a council under section 348 3: Sections 24 25 4: Section 11 Part 10 a: the vesting of the fee simple estate in a cultural redress property under this subpart; or b: any matter incidental to, or required for the purpose of, the vesting. 63: Names of Crown protected areas discontinued 1: Subsection (2) 2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly. 3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve 64: Management board for Te Tāpairu Hirahira o Kahakaharoa Historic Reserve 1: A management board is established for the Te Tāpairu Hirahira o Kahakaharoa Historic Reserve vested under section 45 2: The management board consists of not more than 10 or fewer than 5 members appointed as follows: a: not more than 3 members nominated by the Waiparera marae: b: not more than 3 members nominated by the Matihetihe marae: c: not more than 1 member nominated by the trustees: d: not more than 1 member nominated by the trustees of Te Puna Topu o Hokianga Trust: e: not more than 1 member nominated by Ngā Hapū o Te Wahapū o Hokianga nui ā Kupe: f: not more than 1 member nominated by the following marae: i: Motuti marae: ii: Ngāti Manawa marae: iii: Waihou marae: iv: Waipuna marae. 3: A person or body that nominates a member under subsection (2) nominator) 4: After the management board has been established, all nominations must be notified to the management board as well as to each nominator. 5: In this section and sections 65 to 67 management board Ngā Hapū o Te Wahapū o Hokianga nui ā Kupe Te Wahapū hapū reserve management plan section 70 Te Puna Topu o Hokianga Trust Te Ture Whenua Maori Act 1993 65: Terms of appointment to management board 1: A member is appointed, without further action, on the day after notice of the nomination is received by the trustees of Te Runanga o Te Rarawa. 2: An appointment terminates on whichever is the earlier of the following: a: the fifth anniversary of the day of the appointment; or b: the day after the date on which a nominator gives notice to the member nominated by that nominator and to the management board— i: that the member's appointment is terminated and the member is removed from the management board; and ii: that the nominator makes a replacement nomination. 3: A member whose appointment terminates under subsection (2)(a) a: reappointed; or b: replaced by the nominator responsible for that person's nomination. 66: Preparation, approval, and amendment of reserve management plan 1: For the purposes of the preparation, approval, and amendment of a reserve management plan, the membership of the management board, despite section 64 a: the members nominated and appointed in accordance with section 64 b: not more than 2 additional members appointed by the trustees of Te Runanga o Te Rarawa on the nomination of Te Wahapū hapū. 2: The additional members appointed under subsection (1)(b) section 41 3: The management board must review the reserve management plan in accordance with section 41 4: Sections 64(3) 65 subsection (1)(b) 67: Procedures of management board 1: Sections 32 to 34 a: as if the management board were appointed under that Act; and b: unless the management board adopts 1 or more standing orders in place of any of those provisions of the Reserves Act 1977 2: In addition, the following apply to the procedures of the management board: a: the first meeting of the management board must be held not later than 2 months after the settlement date; and b: decisions on the reserve management plan must be made by a simple majority of the members of the management board present and voting at a meeting. Joint management body for Beach sites 68: Joint management body for Beach sites A, B, C, and D 1: A joint management body is established for Beach sites A, B, C, and D. 2: The following are appointers for the purposes of this section: a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and d: the trustees of Te Rūnanga o NgāiTakoto. 3: Each appointer may appoint 2 members to the joint management body. 4: A member is appointed only if the appointer gives written notice with the following details to the other appointers: a: the full name, address, and other contact details of the member; and b: the date on which the appointment takes effect, which must be no earlier than the date of the notice. 5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment. 6: A member may be appointed, reappointed, or discharged at the discretion of the appointer. 7: Sections 32 to 34 section 30 8: However, the first meeting of the body must be held not later than 2 months after the settlement date. 9: Section 41 10: A failure of an appointer to comply with subsection (4) Further provisions applying to reserve properties 69: Application of other enactments to reserve properties 1: The trustees are the administering body of a reserve property, except as provided for in sections 45 to 49 2: Sections 78(1)(a) 79 to 81 88 3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2) 4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 5: A reserve property must not have a name assigned to it or have its name changed under section 16(10) 70: Subsequent transfer of reserve land 1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977 2: The fee simple estate in the reserve land in a jointly vested property or in Te Tāpairu Hirahira o Kahakaharoa may be transferred only in accordance with section 72 3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 71 72 4: In this section and sections 71 to 73 reserve land subsection (1) 71: Transfer of reserve land to new administering body 1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners 2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to— a: comply with the requirements of the Reserves Act 1977 b: perform the duties of an administering body under that Act. 3: The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land. 4: The required documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the reserve land; and c: any other document required for the registration of the transfer instrument. 5: The new owners, from the time of their registration under this section,— a: are the administering body of the reserve land; and b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer. 6: A transfer that complies with this section need not comply with any other requirements. 72: Transfer of reserve land to trustees of existing administering body if trustees change The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if— a: the transferors of the reserve land are or were the trustees of any trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b) 73: Reserve land not to be mortgaged The owners of reserve land must not mortgage, or give a security interest in, the reserve land. 74: Saving of bylaws, etc, in relation to reserve properties 1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977 2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977 2: Te Oneroa-a-Tohe Board Interpretation 75: Interpretation In this subpart and Schedule 3 accredited section 2(1) appointers section 79(1) or (2)(c) and (d) beach management agencies beach management plan section 87 Beach sites A, B, C, and D paragraphs (23) to (26) section 22 Central and South Conservation Areas and Ninety Mile Beach marginal strip commissioners section 84 Community Board section 19R sections 19H 19J Council Councils iwi appointer a: means a governance entity referred to in section 79(1)(a) to (d) b: if section 80(5) local government legislation a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 2002 c: the Local Government Act 1974 d: the Local Government Official Information and Meetings Act 1987 marine and coastal area section 9(1) panel section 84 RMA planning document a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA b: includes a proposed plan within the meaning of section 43AAC Te Oneroa-a-Tohe Board Board section 77(1) Te Oneroa-a-Tohe management area a: the marine and coastal area; and b: Beach sites A, B, C, and D vested under subpart 1 c: the Central and South Conservation Areas and Ninety Mile Beach marginal strip (to the extent that section 76 d: any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b), with the agreement of— i: the Board; and ii: the owner or administrator of the land Te Oneroa-a-Tohe redress Removal of conservation area status 76: Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip Any part of the Central and South Conservation Areas and Ninety Mile Beach marginal strip that is situated below the mark of mean high-water springs— a: ceases to be a conservation area under the Conservation Act 1987 b: is part of the common marine and coastal area. Establishment, status, purpose, and membership of Board 77: Establishment and status of Board 1: The Te Oneroa-a-Tohe Board is established as a statutory body. 2: Despite Schedule 7 a: is a permanent committee; and b: must not be discharged without the agreement of all the appointers. 3: Despite the membership of the Board provided for by section 79 clause 30(1)(b) 4: Each member of the Board must— a: act in a manner that will achieve the purpose of the Board; and b: without limiting paragraph (a), comply with the terms of an appointment issued by the relevant appointer. 5: Part 1 78: Purpose of Board The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations. 79: Appointment of members of Board 1: The Board consists of 8 members appointed as follows: a: 1 member appointed by the trustees: b: 1 member appointed by the trustees of the Te Manawa o Ngāti Kuri Trust: c: 1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri Trust: d: 1 member appointed by the trustees of Te Rūnanga o NgāiTakoto: e: 2 members appointed by the Northland Regional Council, being councillors holding office: f: 2 members appointed by the Far North District Council, being the mayor and a councillor holding office. 2: If the Minister gives notice under section 80(4) a: 4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d); and b: 1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and c: 4 members appointed as provided for in subsection (1)(e) and (f); and d: 1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board). 3: An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 4: The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 5: If the person appointed by the Te Hiku Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4). 6: Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board. 7: Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board. 80: Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 1: On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis. 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) must continue to be approved as the appointee to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one). 3: The mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one) must, within 30 working days of receiving notice under subsection (1), give written notice to the Minister as to whether Ngāti Kahu elects to participate in the Te Oneroa-a-Tohe redress on an interim basis. 4: If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the iwi appointers referred to in section 79(1)(a) to (d) 5: If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 6: The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 7: In this section, Minister Functions and powers of Board 81: Functions and powers of Board 1: The primary function of the Board is to achieve the purpose of the Board. 2: In achieving the purpose of the Board, the Board must operate in a manner that— a: is consistent with tikanga Māori; and b: acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and c: acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles. 3: In addition to the primary function of the Board, its other functions are— a: to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to,— i: Te Hiku o Te Ika iwi; and ii: the Councils; and iii: any relevant beach management agencies; and c: to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and d: to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and e: to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and f: to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and g: to engage and work collaboratively with the joint management body established under section 69 h: to take any other action that the Board considers is appropriate to achieving the purpose of the Board. 4: The Board may determine, in any particular circumstance,— a: whether to perform the functions identified in subsection (3)(b) to (h); and b: how, and to what extent, to perform any of those functions. 5: The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with— a: this subpart; and b: subject to paragraph (a), the relevant provisions in the local government legislation. 82: Power of Board to make requests to beach management agencies 1: The Board may make a reasonable request in writing to a relevant beach management agency for the provision of— a: information or advice to the Board on matters relevant to the Board's functions; and b: a representative of the agency to attend a meeting of the Board. 2: The Board must— a: give notice to a beach management agency under subsection (1)(b) not less than 10 working days before the meeting; and b: provide an agenda for the meeting with the request. 3: If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must— a: provide the information or advice; and b: comply with a request made under subsection (1)(b) by appointing a person whom it considers appropriate to attend at least 4 meetings in a calendar year (although the person may attend more than 4 meetings). 4: In addition, the Board may request any other person or entity to— a: provide specified information to the Board: b: attend a meeting of the Board. Resource consent applications 83: Criteria for appointment of commissioners 1: Te Hiku o Te Ika iwi and the Councils must— a: develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991 b: in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area. 2: The duties under subsection (1) must be completed not later than the settlement date. 3: The Board must keep the list of commissioners under review and up to date. 84: Procedure for appointing hearing panel 1: If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention. 2: Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 79 80 section 83 3: The members of the Board appointed by the Council to which the resource consent application is made must appoint— a: up to half of the members of the panel from the list of commissioners compiled under section 83 b: 1 of the commissioners appointed to the panel to be the chairperson of the panel. 4: The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3). 5: If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2). 85: Obligation of Councils Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate— a: wholly or in part to the Te Oneroa-a-Tohe management area; or b: to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area. 86: Obligation of Board The Board must provide guidelines to the Councils as to the information that is required under section 85 a: whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and b: whether there are certain types of applications that the Board does not require. Beach management plan 87: Preparation and approval of beach management plan 1: The Board must prepare and approve a beach management plan as required by section 81(3)(a) Part 2 2: However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D. 3: The members of the Board appointed by the iwi appointers and referred to in section 79(1)(a) to (d) 88: Purpose and contents of beach management plan 1: The purpose of the beach management plan is to— a: identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and c: express the Board's aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters ( priority matters i: protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and ii: recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and iii: recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area. 2: The part of the beach management plan that relates to Beach sites A, B, C, and D— a: must provide for the matters set out in section 41(3) b: is deemed to be a management plan for the purposes of that provision. 3: The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan. Effect of beach management plan on specified planning documents 89: Effect of beach management plan on RMA planning documents 1: Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 88(1)(a) 2: When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) is complied with. 3: The obligations under this section apply only to the extent that— a: the contents of the beach management plan relate to the resource management issues of the district or region; and b: those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991 4: This section does not limit the provisions of Part 5 Schedule 1 90: Effect of beach management plan on conservation documents 1: Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3 section 88(1)(a) 2: The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A 3: The obligations under this section apply only to the extent that— a: the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and b: those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987 4: This section does not limit the provisions of Part 3A 91: Effect of beach management plan on local government decision making The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002, to the extent that the beach management plan is relevant to the local government issues in the Te Oneroa-a-Tohe management area. Application of other Acts 92: Application of other Acts to Board 1: To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 3 a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 1974 c: the Local Government Act 2002 d: the Local Government Official Information and Meetings Act 1987 2: Clause 31(1) 3: Clauses 23(3)(b) 24 26(3) and (4) 27 30(2), (3), (5), and (7) 31(2) and (6) 4: Clauses 19 20 22 a: the references to a local authority being read as references to the Board; and b: the reference in clause 19(5) 5: To the extent that the rest of Schedule 7 a: a local authority being read as references to the Board; and b: a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 79 3: Korowai 93: Interpretation In this subpart and Schedule 4 Conservation Authority Authority section 6A conservation land conservation legislation Conservation Act 1987 Schedule 1 conservation protected area a: a conservation area under the Conservation Act 1987 b: a reserve administered by the Department of Conservation under the Reserves Act 1977 c: a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953 contact person customary materials plan section 119 Part 3 customary taking dead protected animal a: means the dead body or part of the dead body of an animal protected under the conservation legislation; but b: does not include the body or part of the body of a dead marine mammal draft document CMS section 102 korowai area a: means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 7 of the deed of settlement; and b: includes— i: any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and ii: if the conservation legislation applies to land or resources not within the area specified in paragraph (a) or this paragraph, that land and those resources, but only for the purposes of the korowai; and iii: the common marine and coastal area adjacent to the land referred to in paragraph (a) or this paragraph, but only for the purposes of the korowai Minister Ngāti Kahu area of interest section 98 nominator a: means an entity with responsibility for nominating a member of the Conservation Board under section 97(1)(a) b: if section 97(2) Northland CMS a: the Te Hiku CMS described in section 99(a) b: the CMS described in section 99(b) parties a: Te Hiku o Te Ika iwi acting collectively through their representatives; and b: the Director-General plant section 2(1) plant material relationship agreement representatives a: the Te Hiku CMS; and b: the customary materials plan; and c: the relationship agreement Te Hiku o Te Ika Conservation Board Conservation Board section 95 Te Hiku o Te Ika conservation management strategy Te Hiku CMS Te Rerenga Wairua Reserve wāhi tapu framework section 120 wāhi tapu management plan Part 4 Overview of, and background to, korowai redress 94: Overview and background 1: The provisions of this subpart, Schedule 4 a: the Te Hiku o Te Ika Conservation Board; and b: the Te Hiku o Te Ika conservation management strategy; and c: a customary materials plan, wāhi tapu framework, and relationship agreement. 2: Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles: Relationship principles a: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi: b: respecting the autonomy of each party and its mandate, role, and responsibility: c: actively working together using shared knowledge and expertise: d: co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability: e: engaging early on issues of known interest to any of the parties: f: enabling and supporting the use of te reo Māori and tikanga Māori: g: acknowledging that the parties' relationship is evolving: Conservation principles h: promoting and supporting conservation values: i: ensuring public access to conservation land: j: acknowledging the Kaupapa Tuku Iho ( inherited values k: supporting a conservation ethos by— i: integrating an indigenous perspective; and ii: enhancing a national identity: l: recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management: m: recognising the full range of public interests in conservation land and taonga. Te Hiku o Te Ika Conservation Board established 95: Establishment of Te Hiku o Te Ika Conservation Board 1: Te Hiku o Te Ika Conservation Board is established, and is to be treated as established, under section 6L(1) 2: On and from the settlement date, the Conservation Board established by this section— a: is a Conservation Board under the Conservation Act 1987 b: must carry out, in the korowai area, the functions specified in section 6M c: has the powers conferred by section 6N 3: In this subpart, the Conservation Act 1987 clause 2 96: Role and jurisdiction of Northland Conservation Board to cease On and from the settlement date, the Northland Conservation Board set up under Part 2A Constitution of Conservation Board 97: Appointment of members of Conservation Board 1: Te Hiku o Te Ika Conservation Board consists of— a: 4 members appointed by the Minister as follows: i: 1 member, on the nomination of the trustees; and ii: 1 member, on the nomination of the trustees of the Te Manawa o Ngāti Kuri Trust; and iii: 1 member, on the nomination of the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and iv: 1 member, on the nomination of the trustees of Te Rūnanga o NgāiTakoto; and b: 4 members appointed by the Minister. 2: If the Ministers give notice under section 98(3) a: 4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)(a); and b: 1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and c: 5 members appointed by the Minister. 3: Further provisions concerning the Conservation Board are set out in Part 1 98: Interim participation of Ngāti Kahu on Conservation Board 1: On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in the Conservation Board on an interim basis, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and b: that must apply to the continuing participation of Ngāti Kahu, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest. 3: If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice, stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis, to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the nominators referred to in section 97(1)(a) 4: If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 5: The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 6: In this section, Ngāti Kahu area of interest a: the Ngāti Kahu Agreement in Principle dated 17 September 2008; and b: the Te Hiku Agreement in Principle dated 16 January 2010. Conservation management strategy 99: Northland CMS The Northland CMS consists of— a: one part, to be known as the Te Hiku CMS,— i: prepared in accordance with this subpart; and ii: applying to the korowai area in accordance with section 109 b: one part— i: prepared by the Northland Conservation Board under the Conservation Act 1987 ii: applying in any part of Northland where the Te Hiku CMS does not apply. 100: Status, effect, and certain contents of Te Hiku CMS 1: The Te Hiku CMS— a: is a conservation management strategy for the purposes of section 17D b: has the same effect as if it were a conservation management strategy prepared and approved under that Act. 2: Sections 17E(8) 17F 17H 17I 3: The Te Hiku CMS must— a: refer to the wāhi tapu framework required by section 120 b: reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and c: reflect the importance of those wāhi tapu being protected; and d: acknowledge the role of the wāhi tapu management plan. Preparation of draft Te Hiku CMS 101: Preliminary agreement 1: Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan. 2: The plan must set out— a: the principal matters to be included in the draft document; and b: the manner in which those matters are to be dealt with; and c: the practical steps that the parties will take to prepare and seek approval for the draft document. 102: Draft document to be prepared 1: Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with— a: the Conservation Board; and b: any other persons or organisations that the parties agree are appropriate. 2: The parties may agree a later date to commence preparation of the draft document. 3: In addition to the matters prescribed for a conservation management strategy by section 17D section 100(3) 103: Notification of draft document 1: As soon as practicable after the date on which preparation of the draft document commences under section 102 a: notify the draft document in accordance with section 49(1) b: give notice of the draft document to the relevant local authorities. 2: The notice must— a: state that the draft document is available for inspection at the places and times specified in the notice; and b: invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice. 3: The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document. 4: The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate. 104: Submissions 1: Any person may, before the date specified in the notice given under section 103(2)(b) 2: The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission. 105: Hearing 1: Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of— a: Te Hiku o Te Ika iwi; and b: the Director-General; and c: the Conservation Board. 2: The representatives referred to in subsection (1) may hear any other person or organisation whose views on the draft document were sought under section 103(4) 3: The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 103(2)(b) 4: After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 103(4) 106: Revision of draft document The parties must, after considering the submissions heard and other views received under section 103(4) a: revise the draft document as they consider appropriate; and b: not later than 6 months after all submissions have been heard, provide to the Conservation Board— i: the draft document as revised; and ii: the summary of submissions prepared under section 105(4) Approval process 107: Submission of draft document to Conservation Authority 1: After considering the draft document and the summary of submissions provided under section 106 a: may request the parties to further revise the draft document; and b: must submit the draft document to the Conservation Authority for its approval, together with— i: a written statement of any matters on which the parties and the Conservation Board are not able to agree; and ii: a copy of the summary of the submissions. 2: The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date. 108: Approval of Te Hiku CMS 1: The Conservation Authority— a: must consider the draft document and any relevant information provided to it under section 107(1)(b) b: may consult any person or organisation that it considers appropriate, including— i: the parties; and ii: the Conservation Board. 2: After considering the draft document and that information, the Conservation Authority must— a: make any amendments to the draft document that it considers necessary; and b: provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi. 3: Te Hiku o Te Ika iwi and the Minister jointly must— a: consider the draft document provided under subsection (2)(b); and b: return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate. 4: The Conservation Authority, after having regard to any recommendations, must— a: make any amendments that it considers appropriate and approve the draft document; or b: return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3), with any new information that the Authority wishes them to consider, before the draft document is amended, if appropriate, and approved. 109: Effect of approval of Te Hiku CMS On and from the day that the draft document is approved under section 108 a: the Te Hiku CMS applies, with any necessary modification, in the korowai area; and b: the part of the Northland CMS described in section 99(b) Review and amendment of Te Hiku CMS 110: Review procedure 1: The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board. 2: Every review must be carried out in accordance with the process set out in sections 101 to 108 3: The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 108 111: Review in relation to Ngāti Kahu area of interest 1: If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 110 2: Subsection (1) applies only with the agreement of the Ngāti Kahu governance entity. 3: If, as a result of a review conducted under subsection (1), the Te Hiku CMS is extended to include the Ngāti Kahu area of interest,— a: the part of the Northland CMS described in section 99(b) b: the Te Hiku CMS applies to that area. 4: Subsection (3) applies on and from the date on which the Te Hiku CMS, as reviewed under subsection (1), is approved. 5: A review carried out under this section must be carried out in accordance with the process set out in sections 101 to 108 112: Amendment procedure 1: At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS. 2: Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 101 to 108 3: If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,— a: the parties must send the proposed amendments to the Conservation Board; and b: the proposed amendments must be dealt with in accordance with sections 107 108 4: However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) 5: The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay. Process to be followed if disputes arise 113: Dispute resolution 1: If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 101 to 112 a: give written notice to the other of the issues in dispute; and b: require the process under this section and section 114 2: Within 15 working days of the date of the notice given under subsection (1), a representative of the Director-General with responsibilities within the area covered by the Te Hiku CMS must meet in good faith with 1 or more representatives of Te Hiku o Te Ika iwi to seek a means to resolve the dispute. 3: If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1), the Director-General and 1 or more representatives of Te Hiku o Te Ika iwi must meet in good faith to seek a means to resolve the dispute. 4: If the dispute has not been resolved within 30 working days of the notice being given under subsection (1), the Minister and 1 or more representatives of Te Hiku o Te Ika iwi must, if they agree, meet in good faith to seek to resolve the dispute. 5: Subsection (4) applies only if the dispute is a matter of significance to both parties. 6: A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties. 114: Mediation 1: If resolution is not reached within a reasonable time under section 113 2: The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation or, if agreement is not reached within 15 working days of the notice being given under subsection (1), the party that gave notice must make a written request to the President of the New Zealand Law Society to appoint a mediator to assist the parties to reach a settlement of the dispute. 3: A mediator appointed under subsection (2)— a: must be familiar with tikanga Māori and te reo Māori; and b: must not have an interest in the outcome of the dispute; and c: does not have the power to determine the dispute, but may give non-binding advice. 4: The parties must— a: participate in the mediation in good faith; and b: share the costs of a mediator appointed under this section and related expenses equally; but c: in all other respects, meet their own costs and expenses in relation to the mediation. 115: Effect of dispute process on prescribed time limits If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 113(1) a: the calculation of any prescribed time is stopped until the dispute is resolved; and b: the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted. Access to Conservation Authority and Minister of Conservation 116: New Zealand Conservation Authority 1: Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority. 2: If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority. 3: A request must— a: be in writing; and b: set out the matter of national importance to be discussed; and c: be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting. 4: The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting. 117: Minister of Conservation 1: The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area. 2: The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi. 3: Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must— a: propose the agenda for the meeting; and b: provide relevant information relating to the matters on the agenda. 4: The persons who are entitled to attend the annual meeting are— a: Te Hiku o Te Ika iwi leaders; and b: the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree). Decision-making framework 118: Acknowledgement of section 4 of Conservation Act 1987 When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,— a: in applying section 4 i: to the extent required by the conservation legislation; and ii: in a manner commensurate with— A: the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and B: the subject matter of the decision; and b: comply with the provisions of Part 2 Transfer of decision-making and review functions 119: Customary materials plan 1: The parties must jointly prepare and agree a customary materials plan that covers— a: the customary taking of plant material from conservation protected areas within the korowai area; and b: the possession of dead protected animals found within the korowai area. 2: The first customary materials plan must be agreed not later than the settlement date. 3: Part 3 120: Wāhi tapu framework 1: The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu. 2: Part 4 121: Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve Part 5 Relationship agreement 122: Relationship agreement Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 7 of the deed of settlement. 4: Statutory acknowledgement 123: Interpretation In this subpart,— relevant consent authority statement of association a: made by Te Rarawa of their particular cultural, historical, spiritual, and traditional association with the statutory area; and b: set out in part 2 of the documents schedule statutory acknowledgement section 124 statutory area Schedule 5 statutory plan a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement 124: Statutory acknowledgement by the Crown The Crown acknowledges the statements of association for the statutory areas. 125: Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 126 to 128 b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 129 130 c: to enable the trustees and any member of Te Rarawa to cite the statutory acknowledgement as evidence of the association of Te Rarawa with a statutory area, in accordance with section 131 126: Relevant consent authorities to have regard to statutory acknowledgement 1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E 3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991 127: Environment Court to have regard to statutory acknowledgement 1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991 128: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement 1: This section applies to an application made under section 44 56 61 2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62 3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— a: in determining whether the trustees are persons directly affected by the decision; and b: in determining, under section 59(1) 64(1) 4: In this section, archaeological site section 6 129: Recording statutory acknowledgement on statutory plans 1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area. 2: The information attached to a statutory plan must include— a: a copy of sections 124 to 128 130 131 b: descriptions of the statutory areas wholly or partly covered by the plan; and c: the statement of association for each statutory area. 3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— a: part of the statutory plan; or b: subject to the provisions of Schedule 1 130: Provision of summary or notice to trustees 1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: a: if the application is received by the consent authority, a summary of the application; or b: if notice of the application is served on the consent authority under section 145(10) 2: A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B 3: The summary must be provided— a: as soon as is reasonably practicable after the relevant consent authority receives the application; but b: before the relevant consent authority decides under section 95 4: A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice. 5: The trustees may, by written notice to a relevant consent authority,— a: waive the right to be provided with a summary or copy of a notice under this section; and b: state the scope of that waiver and the period it applies for. 6: This section does not affect the obligation of a relevant consent authority to decide,— a: under section 95 b: under section 95E 131: Use of statutory acknowledgement 1: The trustees and any member of Te Rarawa may, as evidence of the association of Te Rarawa with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— a: the relevant consent authorities; or b: the Environment Court; or c: Heritage New Zealand Pouhere Taonga; or d: the Environmental Protection Authority or a board of inquiry under Part 6AA 2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on— a: the bodies referred to in subsection (1); or b: parties to proceedings before those bodies; or c: any other person who is entitled to participate in those proceedings. 3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account. 4: To avoid doubt,— a: neither the trustees nor members of Te Rarawa are precluded from stating that Te Rarawa has an association with a statutory area that is not described in the statutory acknowledgement; and b: the content and existence of the statutory acknowledgement do not limit any statement made. General provisions relating to statutory acknowledgement 132: Application of statutory acknowledgement to river or stream If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement— a: applies only to— i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but b: does not apply to— i: a part of the bed of the river or stream that is not owned by the Crown; or ii: an artificial watercourse; or iii: a tributary flowing into the river. 133: Exercise of powers and performance of functions and duties 1: The statutory acknowledgement does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw. 2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Te Rarawa with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area. 3: Subsection (2) does not limit subsection (1). 4: This section is subject to the other provisions of this subpart. 134: Rights not affected 1: The statutory acknowledgement does not— a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. 2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991 135: Amendment to Resource Management Act 1991 1: This section amends the Resource Management Act 1991 2: In Schedule 11 Te Rarawa Claims Settlement Act 2015 2015-09-23 Resource Management Act 1991 5: Protocols 136: Interpretation In this subpart,— protocol a: means each of the following protocols issued under section 137(1)(a) i: the taonga tūturu protocol: ii: the fisheries protocol; and b: includes any amendments made under section 137(1)(b) responsible Minister a: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage: b: for the fisheries protocol, the Minister for Primary Industries: c: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols 137: Issuing, amending, and cancelling protocols 1: Each responsible Minister— a: must issue a protocol to the trustees on the terms set out in part 3 of the documents schedule; and b: may amend or cancel that protocol. 2: The responsible Minister may amend or cancel a protocol at the initiative of— a: the trustees; or b: the responsible Minister. 3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees. 138: Protocols subject to rights, functions, and duties Protocols do not restrict— a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability— i: to introduce legislation and change Government policy; and ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or b: the responsibilities of a responsible Minister or a department of State; or c: the legal rights of Te Rarawa or a representative entity. 139: Enforcement of protocols 1: The Crown must comply with a protocol while it is in force. 2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950 3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol. 4: To avoid doubt,— a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Taonga tūturu 140: Taonga tūturu protocol 1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. 2: In this section, taonga tūturu a: has the meaning given in section 2(1) b: includes ngā taonga tūturu, as defined in section 2(1) Fisheries 141: Fisheries protocol 1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996 2: The noting of the summary is— a: for the purpose of public notice only; and b: not an amendment to a fisheries plan for the purposes of section 11A 3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments: a: the Fisheries Act 1996 b: the Maori Commercial Aquaculture Claims Settlement Act 2004 c: the Maori Fisheries Act 2004 d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 4: In this section,— fisheries plan section 11A fisheries protocol area 6: Fisheries advisory committees 142: Interpretation In this subpart,— fisheries protocol area section 141(4) Minister Te Rarawa fisheries advisory committee 143: Appointment of Te Rarawa fisheries advisory committee 1: The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1) 2: The purpose of the Te Rarawa fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 3: The Minister must consider any advice given by the Te Rarawa fisheries advisory committee. 4: In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of Te Rarawa. Section 143(2) replaced 8 September 2018 section 95 Statutes Amendment Act 2018 Joint fisheries advisory committee 144: Appointment of joint fisheries advisory committee 1: The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1) 2: Each Te Hiku o Te Ika iwi governance entity must appoint 1 person to be a member of the committee. 3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 a: the fisheries protocol area; and b: the fisheries protocol areas provided for by— i: section 128 ii: section 130 iii: section 125 4: The Minister must consider any advice given by the joint fisheries advisory committee. 5: In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi. 6: If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3) is deemed to be the waters adjacent, or otherwise relevant, to the area of interest of that iwi (including any relevant quota management area or fishery management area within the exclusive economic zone). 7: In this section,— exclusive economic zone section 4(1) quota management area section 2(1) Section 144(3) replaced 8 September 2018 section 96 Statutes Amendment Act 2018 7: Official geographic names 145: Interpretation In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4 146: Official geographic names 1: A name specified in the second column of the table in clause 9.48 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table. 2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 147: Publication of official geographic names 1: The Board must, as soon as practicable after the settlement date, give public notice of each official geographic name specified under section 146 section 21(2) and (3) 2: The notices must state that each official geographic name became an official geographic name on the settlement date. 148: Subsequent alteration of official geographic names 1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board— a: need not comply with section 16 17 18 19(1) 20 b: must have the written consent of the trustees. 2: However, in the case of the features listed in subsection (3), the Board may alter the official geographic name only if it has the written consent of— a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and d: the trustees of Te Rūnanga o NgāiTakoto. 3: Subsection (2) applies to— a: Te Oneroa-a-Tōhē / Ninety Mile Beach: b: Cape Reinga / Te Rerenga Wairua: c: Piwhane / Spirits Bay. 4: To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) 8: Ōwhata land 149: Transfer of Ōwhata land 1: To give effect to clause 9.35 of the deed of settlement,— a: the permission of a council under section 348 b: section 11 Part 10 2: The Registrar-General must, on receipt of the documents referred to in subsection (3),— a: create 1 computer freehold register for the fee simple estate in Ōwhata land in the name of the trustees; and b: create 1 computer freehold register for the fee simple estate in the balance of the land in the name of the transferor; and c: record on the computer freehold registers any interests that are registered, notified, or notifiable and that are described in the documents referred to in subsection (3). 3: The documents are— a: orders for computer freehold registers for Ōwhata land and any balance land; and b: a transfer instrument, which must include a statement that the transfer is made under this section; and c: any other document required for the registration of the transfer instrument. 4: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register. 5: In this section,— Ōwhata land transferor 9: Warawara Whenua Ngāhere i te Taiao 150: Interpretation In this subpart, unless the context otherwise requires,— Department mana whenua hapū Minister parties Warawara Warawara Whenua Ngāhere i te Taiao Warawara Whenua Ngāhere i te Taiao 151: Obligation to enter into Warawara Whenua Ngāhere i te Taiao 1: Te Rūnanga o Te Rarawa through the trustees, the mana whenua hapū through their approved representatives, and the Director-General must enter into the Warawara Whenua Ngāhere i te Taiao. 2: The Warawara Whenua Ngāhere i te Taiao must come into force not later than the day that is 6 months after the settlement date. 152: Legal framework for Warawara Whenua Ngāhere i te Taiao 1: The Warawara Whenua Ngāhere i te Taiao is— a: an agreement entered into under section 53 b: enforceable in accordance with its terms by the mana whenua hapū or Te Rūnanga o Te Rarawa and the Director-General. 2: However, a breach of the Warawara Whenua Ngāhere i te Taiao is not a breach of the deed of settlement. 153: Purpose of Warawara Whenua Ngāhere i te Taiao 1: The purpose of Warawara Whenua Ngāhere i te Taiao is to give effect to the relationship of Te Rarawa, the Minister, and the Director-General under this subpart by— a: acknowledging that the mana whenua hapū and iwi of Te Rarawa exercise mana whenua over the Warawara; and b: providing for joint roles in respect of the governance and management of Warawara. 2: It is the intention of the parties, in entering into Warawara Whenua Ngāhere i te Taiao, to— a: strengthen the relationship of Te Rarawa and the Crown under te Tiriti o Waitangi/the Treaty of Waitangi; and b: recognise the mana and kaitiaki role of the mana whenua hapū and Te Rarawa with Warawara; and c: recognise the Crown's regulatory role; and d: promote and support conservation values; and e: engage the communities of the mana whenua hapū and Te Rarawa in conservation activities; and f: recognise and protect Te Rarawa historical and cultural values; and g: ensure public access; and h: support the development goals of Te Rarawa to the extent that these goals are consistent with conservation objectives; and i: provide for the Minister or the Director-General, as appropriate, to carry out their relevant functions, powers, and duties under the conservation legislation; and j: in relation to decisions affecting Warawara, maximise the ability for the Minister or the Director-General, the mana whenua hapū, and Te Rūnanga o Te Rarawa to reach a consensus. 154: Scope of Warawara Whenua Ngāhere i te Taiao The Warawara Whenua Ngāhere i te Taiao must include processes that provide for the Minister or the Director-General, as appropriate, the mana whenua, and Te Rūnanga o Te Rarawa to work collaboratively in relation to— a: the development of a management and operational plan for Warawara; and b: annual planning by the Department as it relates specifically to Warawara; and c: the management of Warawara; and d: decisions on the granting of concessions or other statutory authorisations under the conservation legislation as they relate to Warawara; and e: other matters that the mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General may agree in relation to Warawara. 155: Other contents of Warawara Whenua Ngāhere i te Taiao The Warawara Whenua Ngāhere i te Taiao must include— a: provision for the mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General— i: to meet on an annual basis to discuss the management proposals for the following year; and ii: to hold other meetings as required by the mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General to plan for and discuss the management of Warawara, including any planned management activities or issues that have arisen in relation to Warawara; and iii: to communicate as required on the management of Warawara, including any planned management activities or issues that have arisen in relation to Warawara; and b: a requirement that early notice be given to— i: the mana whenua hapū and Te Rūnanga o Te Rarawa of any issues that come to the attention of the Director-General concerning the management of Warawara; and ii: the Director-General of any issues that come to the attention of the mana whenua hapū and Te Rūnanga o Te Rarawa concerning the management of Warawara; and c: agreement about the management activities that may be undertaken by the mana whenua hapū and Te Rūnanga o Te Rarawa in respect of Warawara; and d: a requirement for the early involvement of the mana whenua hapū and Te Rūnanga o Te Rarawa with management decisions relating to Warawara; and e: an acknowledgement that, in relation to Warawara,— i: the Director-General has statutory functions, powers, and duties under the conservation legislation; and ii: the mana whenua hapū and Te Rūnanga o Te Rarawa have kaitiaki responsibilities; and iii: the Warawara Whenua Ngāhere i te Taiao is to operate consistently with the functions, powers, duties, and responsibilities referred to in subparagraphs (i) and (ii). Decision-making and operating principles under Warawara Whenua Ngāhere i te Taiao 156: Principles for decision making 1: If a decision is to be made under the conservation legislation that relates specifically to Warawara, the mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General must— a: work together in the decision-making process; and b: take all reasonable and practicable steps to achieve consensus in relation to a decision; and c: proceed on the presumption that consensus is achievable; and d: act in accordance with the decision-making framework in the korowai for enhanced conservation, as set out in Part 2 2: If a consensus is not reached, the following process applies: a: the Director-General must explain in writing to the mana whenua hapū and Te Rūnanga o Te Rarawa why the Minister or Director-General, as appropriate, may have to make a decision that does not reflect a consensus; and b: if the mana whenua hapū or Te Rūnanga o Te Rarawa consider that the matter is of fundamental importance and potentially injurious to the relationship reflected in the Warawara Whenua Ngāhere i te Taiao, they may refer the matter to the chairperson of Te Rūnanga o Te Rarawa and a local representative of the Department of Conservation for resolution; and c: the chair of Te Rūnanga o Te Rarawa and the local representative of the Department of Conservation may, if the matter is not able to be resolved and the circumstances warrant it, agree to refer the matter to the Director-General for assistance. 3: Subsection (2) does not affect the ability of Te Rūnanga o Te Rarawa to raise a matter with the Minister directly. 157: Principles for operating under Warawara Whenua Ngāhere i te Taiao 1: In working together under the Warawara Whenua Ngāhere i te Taiao, the mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General must— a: respect the particular and special relationship between the mana whenua hapū, Te Rarawa, and Warawara; and b: protect the conservation values of Warawara; and c: work together in good faith and a spirit of co-operation; and d: recognise and acknowledge that the parties will benefit from working together and sharing their respective vision, knowledge, and expertise; and e: recognise that the relationship between the parties is one that will evolve; and f: use their best endeavours to ensure that the purpose of the Warawara Whenua Ngāhere i te Taiao is achieved in an enduring manner; and g: maintain open, honest, and transparent communication; and h: seek to ensure the early engagement of the parties and full and timely disclosure of relevant information; and i: recognise the kaitiaki responsibilities of the mana whenua hapū and Te Rūnanga o Te Rarawa in relation to Warawara; and j: recognise the statutory functions, powers, and duties of the Director-General under the conservation legislation; and k: work in good faith on the presumption that consensus is achievable on decisions relating to the management of Warawara; and l: commit to meeting statutory time frames and minimising delays and costs. 2: To avoid doubt, each party is to bear its own costs arising from, or relating to, the preparation of, and participation under, the Warawara Whenua Ngāhere i te Taiao. 158: Relationship with korowai 1: The Warawara Whenua Ngāhere i te Taiao must be implemented and adhered to by the parties in a manner that is consistent with, and reflects, the korowai. 2: However, the korowai is in addition to, and does not limit, the provisions of the Warawara Whenua Ngāhere i te Taiao. Other matters relevant to Warawara Whenua Ngāhere i te Taiao 159: Exercise of powers in certain circumstances 1: This section applies if— a: the exercise of a statutory function is affected by the Warawara Whenua Ngāhere i te Taiao; and b: either— i: a statutory time frame for the exercise of the statutory function is not able to be complied with under the Warawara Whenua Ngāhere i te Taiao; or ii: an emergency situation arises. 2: The Minister or the Director-General, as appropriate, may exercise that function on his or her own account and not in accordance with the Warawara Whenua Ngāhere i te Taiao. 3: Despite subsection (2), the Minister or the Director-General, as appropriate, must use his or her best endeavours to exercise the function in accordance with the Warawara Whenua Ngāhere i te Taiao. 160: Review and amendment 1: The mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General may at any time agree in writing to undertake a review of the Warawara Whenua Ngāhere i te Taiao. 2: If, as a result of a review, the parties agree in writing that the Warawara Whenua Ngāhere i te Taiao should be amended, they may amend the Warawara Whenua Ngāhere i te Taiao in writing but without further formality. 161: Suspension 1: The mana whenua hapū, Te Rūnanga o Te Rarawa, and the Director-General may at any time agree in writing to suspend, in whole or in part, the operation of the Warawara Whenua Ngāhere i te Taiao. 2: In reaching an agreement under subsection (1), the parties must specify the scope and duration of the suspension. 3: However, there is no right to terminate the Warawara Whenua Ngāhere i te Taiao. 162: Waiver of rights 1: The mana whenua hapū or Te Rūnanga o Te Rarawa may at any time give written notice to the Director-General that— a: they waive any rights provided under the Warawara Whenua Ngāhere i te Taiao; or b: they revoke the waiver. 2: The notice given under subsection (1)(a) must specify the scope and duration of the waiver. 3: Commercial redress and other matters 163: Interpretation In subparts 1 to 3 Aupouri Forest commercial redress property Crown forest land section 2(1) Crown forestry licence a: has the meaning given in section 2(1) b: in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed cultural forest land properties a: means Beach sites A, B, and C and Hukatere site B defined as cultural redress properties in section 22 b: means Hukatere Pā, as defined in section 22 c: means Hukatere site A, as defined in section 22 d: excludes, to the extent provided for by the Crown forestry licence,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land deferred selection property joint licensor governance entities a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and d: the trustees of Te Rūnanga o NgāiTakoto land holding agency a: for a commercial redress property, in part 3 of the property redress schedule; or b: for a deferred selection property, in part 4 of the property redress schedule licensee licensor Peninsula Block a: means the licensed land (being part of the Aupouri Forest) described by that name in table 1A of part 3 of the property redress schedule; but b: excludes, to the extent provided for by the Crown forestry licence for the land,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land Peninsula Block settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust: b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust: c: for NgāiTakoto, Te Rūnanga o NgāiTakoto: d: for Te Rarawa, Te Rūnanga o Te Rarawa protected site a: is wāhi tapu or a wāhi tapu area within the meaning of section 6 b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 relevant trustees a: for the Peninsula Block and each cultural forest land property, the trustees of each of the Peninsula Block settlement trusts: b: for the Takahue Block, the trustees right of access section 179 Takahue Block a: means the licensed land (being part of the Aupouri Forest) described by that name in table 1A of part 3 of the property redress schedule; but b: excludes, to the extent provided for by the Crown forestry licence for the land,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land. 1: Transfer of commercial redress properties and deferred selection properties 164: The Crown may transfer properties 1: To give effect to part 10 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to— a: transfer the fee simple estate in a commercial redress property or a deferred selection property to the trustees; and b: sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer. 2: Subsection (3) applies if a deferred selection property is subject to a resumptive memorial recorded under an enactment listed under section 17(2) 3: As soon as is reasonably practicable after the date on which a deferred selection property is transferred to the trustees, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18 165: Transfer of share of fee simple estate in property In this subpart and subparts 2 3 166: Minister of Conservation may grant easements 1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property or deferred selection property. 2: Any easement granted under subsection (1)— a: is enforceable in accordance with its terms, despite Part 3B b: is to be treated as having been granted in accordance with Part 3B c: is registrable under section 17ZA(2) 167: Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress 1: This section applies to each of the following properties that are to be transferred to the trustees (but to no other person or entity) under section 164 a: a commercial redress property (other than Takahue Block): b: a deferred selection property. 2: However, this section applies only to the extent that— a: the property is not all of the land contained in a computer freehold register; or b: there is no computer freehold register for all or part of the property. 3: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and b: record on the relevant computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold registers. 4: However, in the case of Te Karae Station, the Registrar-General must, in accordance with a written application by an authorised person,— a: create 2 computer freehold registers in the name of the Crown for the fee simple estate in the property; and b: record on the relevant computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold registers. 5: Subsections (3) and (4) are subject to the completion of any survey necessary to create a computer freehold register. 6: In this section and sections 168 to 170 authorised person 7: In subsection (4), Te Karae Station 168: Computer freehold registers for shared commercial redress properties and deferred selection properties 1: This section applies to each of the following properties that are to be transferred to tenants in common under section 164 a: a commercial redress property (other than the Peninsula Block): b: a deferred selection property. 2: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register in the name of the Crown for each undivided share of the fee simple estate in the property; and b: record on each computer freehold register any interests that are registered, notified, or notifiable and that are described for that register in the application; and c: omit any statement of purpose from each computer freehold register. 3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register. 169: Computer freehold register for each of Peninsula Block and Takahue Block 1: This section applies to each of the following properties: a: the Peninsula Block: b: the Takahue Block. 2: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register in the name of the Crown for the fee simple estate in the property; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold register. 3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register. 170: Authorised person may grant covenant for later creation of computer freehold register 1: For the purposes of sections 167 to 169 2: Despite the Land Transfer Act 1952 a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and b: the Registrar-General must comply with the request. 171: Application of other enactments 1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property or deferred selection property. 2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 3: The transfer does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 4: The permission of a council under section 348 5: Section 11 Part 10 6: In exercising the powers conferred by section 164 7: Subsection (6) is subject to subsections (2) and (3). 172: Transfer of Kaitaia College and Haumanga Road properties 1: Subsection (2) applies to the deferred selection property described as Kaitaia College in table 1 of part 4 of the property redress schedule. 2: Immediately before the transfer to the trustees, the reservation of any part of the property as a government purpose reserve for education purposes subject to the Reserves Act 1977 3: Sections 24 25 4: Subsection (5) applies to the commercial redress property described as Haumanga Road, Broadwood, in table 1B of part 3 of the property redress schedule. 5: The reservation of Haumanga Road, Broadwood, as an endowment for primary education purposes is revoked. 173: Transfer of properties subject to lease 1: This section applies to a commercial redress property or a deferred selection property— a: for which the land holding agency is the Ministry of Education; and b: the ownership of which is to be transferred to the trustees; and c: that, after the transfer, is to be subject to a lease back to the Crown. 2: Section 24 3: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 174 4: The Registrar-General must, on the registration of the transfer of the property, record on any computer freehold register for the property that— a: the land is subject to Part 4A b: the land is subject to section 174 5: A notification made under subsection (4) that land is subject to Part 4A 174: Requirements if lease terminates or expires 1: This section applies if the lease referred to in section 173(1)(c) 2: The transfer of the property is no longer exempt from section 24 3: The registered proprietors of the property must apply in writing to the Registrar-General,— a: if no part of the property remains subject to such a lease, to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to this section; or b: if only part of the property remains subject to such a lease (the leased part i: section 24 ii: that part is subject to this section. 4: The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant. 2: Licensed land 175: Peninsula Block and Takahue Block cease to be Crown forest land 1: The Peninsula Block and the Takahue Block cease to be Crown forest land on the registration of the transfers of the fee simple estate in the land to the relevant trustees. 2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 176: Relevant trustees are confirmed beneficiaries and licensors 1: The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block and the Takahue Block. 2: The effect of subsection (1) is that— a: the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and b: all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block and the Takahue Block. 3: Despite subsection (2)(a), the trustees are entitled to receive 20% of the rental proceeds for the Aupouri Forest since the commencement of the licence. 4: The Crown must give notice under section 17(4)(b) section 8HB(1)(a) a: the Peninsula Block and the cultural forest land properties; and b: the Takahue Block. 5: Notice given under subsection (4) has effect as if— a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) i: the Peninsula Block and the cultural forest land properties; and ii: the Takahue Block; and b: the recommendation had become final on the settlement date. 6: The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties, and the Takahue Block had been returned to Māori ownership— a: on the settlement date; and b: under section 36 7: However, section 36(1)(b) 177: Effect of transfer of Peninsula Block and Takahue Block Section 176 a: the transfer of the fee simple estate in the Peninsula Block or the transfer of the Takahue Block have been registered; or b: the processes described in clause 17.4 of the Crown forestry licence have been completed, providing— i: a single licence for the Peninsula Block and the cultural forest land properties; and ii: a single licence for the Takahue Block. 178: Licence splitting process must be completed 1: To the extent that the Crown has not completed the processes referred to in section 177(b) a: on and after the settlement date; and b: until they are completed. 2: Subsection (3) provides for the licence fee payable for the Peninsula Block and the cultural forest land properties, and for the Takahue Block, under the Crown forestry licence— a: for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) and section 177 b: that is not part of the rental proceeds referred to in section 176(2)(a) 3: The licence fee payable is the amount calculated in the manner described in paragraphs 6.27 to 6.29 of the property redress schedule. 4: However, the calculation of the licence fee under subsection (3) is overridden by any agreement,— a: in relation to the Peninsula Block and the cultural forest properties, between the joint licensor governance entities as licensor, the licensee, and the Crown; and b: in relation to the Takahue Block, between the trustees as licensor, the licensee, and the Crown. 5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties and the Takahue Block, be read as references to the relevant trustees. 3: Access to protected sites Right of access 179: Right of access to protected sites 1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site. 2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner. 3: The right of access is subject to the following conditions: a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and b: the right of access may be exercised only at reasonable times and during daylight hours; and c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for— i: the safety of people; or ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or iii: operational reasons. 180: Right of access over Peninsula Block and Takahue Block 1: A right of access over the Peninsula Block or the Takahue Block is subject to the terms of any Crown forestry licence. 2: However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised. 3: An amendment to a Crown forestry licence is of no effect to the extent that it would— a: delay the date from which a person may exercise a right of access; or b: adversely affect a right of access in any other way. 181: Right of access to be recorded on computer freehold register 1: This section applies to the transfer to the trustees of— a: the Peninsula Block: b: the Takahue Block. 2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land. 3: The Registrar-General must, on the registration of the transfer of the land, record on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land. 4: Right of first refusal over RFR land Interpretation 182: Interpretation In this subpart and Schedule 6 balance RFR land a: is exclusive RFR land or shared RFR land; and b: has been offered for disposal to the trustees of an offer trust— i: as exclusive RFR land or shared RFR land; and ii: in accordance with section 185 c: has not been withdrawn under section 187 d: has not been accepted in accordance with section 188 control a: for a company, control of the composition of its board of directors; and b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body a: a Crown entity (as defined by section 7(1) b: a State enterprise (as defined by section 2 c: the New Zealand Railways Corporation; and d: a company or body that is wholly owned or controlled by 1 or more of the following: i: the Crown: ii: a Crown entity: iii: a State enterprise: iv: the New Zealand Railways Corporation; and e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of a: means— i: to transfer or vest the fee simple estate in the land; or ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but b: to avoid doubt, does not include— i: to mortgage, or give a security interest in, the land; or ii: to grant an easement over the land; or iii: to consent to an assignment of a lease, or to a sublease, of the land; or iv: to remove an improvement, fixture, or fitting from the land exclusive RFR land expiry date sections 185(1)(a) 186 notice offer section 185 offer trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land, Te Rūnanga o Te Rarawa and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment: c: for balance RFR land, the RFR settlement trust for each remaining iwi other relevant iwi Other Relevant Iwi public work section 2 recipient trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 188 related company section 2(3) remaining iwi RFR date a: for the exclusive RFR land: b: for the shared RFR land RFR land section 183 RFR landowner a: means— i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and ii: a Crown body, if the body holds the fee simple estate in the land; and b: includes a local authority to which RFR land has been disposed of under section 191(1) c: to avoid doubt, does not include an administering body in which RFR land is vested— i: on the RFR date for that land; or ii: after the RFR date for that land, under section 192(1) RFR period a: for exclusive RFR land, a period of 172 years from the settlement date of an iwi granted a right to exclusive RFR land; and b: for balance RFR land, a period of 172 years from the settlement date; and c: for shared RFR land,— i: a period of 172 years from the Te Rarawa settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Te Rarawa settlement date; or ii: if the settlement date for each of the other relevant iwi has not occurred on or before the Te Rarawa settlement date, a period of 172 years from the earlier of— A: the date that is 24 months after the Te Rarawa settlement date; and B: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment RFR settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and c: for NgāiTakoto, Te Rūnanga o NgāiTakoto; and d: for Te Rarawa, Te Rūnanga o Te Rarawa; and e: for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims shared RFR land a: the Te Rarawa settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Te Rarawa settlement date; or b: if the settlement date for each of the other relevant iwi has not occurred on or before the Te Rarawa settlement date, the earlier of— i: the date that is 24 months after the Te Rarawa settlement date; and ii: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment subsidiary section 5 Te Rarawa settlement date 183: Meaning of RFR land 1: In this subpart, RFR land a: exclusive RFR land; and b: shared RFR land; and c: balance RFR land; and d: land obtained in exchange for a disposal of RFR land under section 196(1)(c) 197 2: However, land ceases to be RFR land if— a: the fee simple estate in the land transfers from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 189 ii: any other person (including the Crown or a Crown body) under section 184(1)(d) b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 193 to 200 ii: under any matter referred to in section 201(1) c: the fee simple estate in the land transfers or vests from the RFR landowners in accordance with a waiver or variation given under section 209 d: the RFR period for the land ends. Restrictions on disposal of RFR land 184: Restrictions on disposal of RFR land 1: An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of— a: under any of sections 190 to 200 b: under any matter referred to in section 201(1) c: in accordance with a waiver or variation given under section 209 d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees— i: related to exclusive RFR land or shared RFR land; and ii: was made in accordance with section 185 iii: was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and iv: was not withdrawn under section 187 v: was not accepted under section 188 2: Subsection (1)(d) does not apply to exclusive RFR land or shared RFR land that is balance RFR land, unless and until— a: an offer to dispose of the balance RFR land has been made in accordance with section 185 b: that offer is not accepted by the trustees of an offer trust under section 188(3) Trustees' right of first refusal 185: Requirements for offer 1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating— a: the terms of the offer, including its expiry date; and b: the legal description of the land, including any interests affecting it and the reference for any computer register that contains the land; and c: a street address for the land (if applicable); and d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer; and e: a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be. 2: To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been). 186: Expiry date of offer 1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer. 2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if— a: the trustees have received an earlier offer to dispose of the land; and b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and c: the earlier offer was not withdrawn. 3: For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 185(1) section 188(4) 187: Withdrawal of offer The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted. 188: Acceptance of offer 1: The trustees of an offer trust may, by notice to the RFR landowner who made an offer, accept the offer if— a: it has not been withdrawn; and b: its expiry date has not passed. 2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less. 3: In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust. 4: In the case of an offer of shared RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 185 a: specifying the offer trusts from whose trustees acceptance notices have been received; and b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner's notice is received under this subsection. 189: Formation of contract 1: If the trustees of an offer trust accept an offer by an RFR landowner under section 188 2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust. 3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee 4: The trustees of the recipient trust may nominate a nominee only if— a: the nominee is lawfully able to hold the RFR land; and b: the trustees give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle. 5: The notice must specify— a: the full name of the nominee; and b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee. 6: If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land 190: Disposal to the Crown or Crown bodies 1: An RFR landowner may dispose of RFR land to— a: the Crown; or b: a Crown body. 2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 190(2) amended 1 August 2020 section 668 Education and Training Act 2020 191: Disposal of existing public works to local authorities 1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2 2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes— a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. 192: Disposal of reserves to administering bodies 1: An RFR landowner may dispose of RFR land in accordance with section 26 26A 2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become— a: the RFR landowner of the land; or b: subject to the obligations of an RFR landowner under this subpart. 3: However, if RFR land vests back in the Crown under section 25 27 a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land 193: Disposal in accordance with enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law. 194: Disposal in accordance with legal or equitable obligations An RFR landowner may dispose of RFR land in accordance with— a: a legal or an equitable obligation that— i: was unconditional before the RFR date for that land; or ii: was conditional before the RFR date for that land but became unconditional on or after that date; or iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land. 195: Disposal under certain legislation An RFR landowner may dispose of RFR land in accordance with— a: section 54(1)(d) b: section 34 43 44 c: section 355(3) 196: Disposal of land held for public works 1: An RFR landowner may dispose of RFR land in accordance with— a: section 40(2) or (4) 41 b: section 52 105(1) 106 114(3) 117(7) 119 c: section 117(3)(a) d: section 117(3)(b) e: section 23(1) or (4) 24(4) 26 2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e) 197: Disposal for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— a: section 15 b: section 16A 24E 198: Disposal for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes. 199: Disposal to tenants The Crown may dispose of RFR land— a: that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or b: under section 67 i: before the RFR date; or ii: on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or c: under section 93(4) 200: Disposal by Housing New Zealand Corporation 1: Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation's opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown's social objectives in relation to housing or services related to housing. 2: To avoid doubt, in subsection (1), RFR land RFR landowner obligations 201: RFR landowner’s obligations subject to other matters 1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and b: any interest or legal or equitable obligation— i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and ii: that the RFR landowner cannot satisfy by taking reasonable steps; and c: the terms of a mortgage over, or security interest in, RFR land. 2: Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment. Notices about RFR land 202: Notice to LINZ of RFR land with computer register after RFR date 1: If a computer register is first created for RFR land after the RFR date for the relevant land, the RFR landowner must give the chief executive of LINZ notice that the register has been created. 2: If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land. 3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land. 4: The notice must include the legal description of the land and the reference for the computer register that contains the land. 203: Notice to trustees of offer trusts of disposal of RFR land to others 1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee. 2: The notice must be given on or before the date that is 20 working days before the day of the disposal. 3: The notice must include— a: the legal description of the land and any interests affecting it; and b: the reference for any computer register for the land; and c: the street address for the land (if applicable); and d: the name of the person to whom the land is being disposed of; and e: an explanation of how the disposal complies with section 184 f: if the disposal is to be made under section 184(1)(d) 204: Notice to LINZ of land ceasing to be RFR land 1: This section applies if land contained in a computer register is to cease being RFR land because— a: the fee simple estate in the land is to transfer from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 189 ii: any other person (including the Crown or a Crown body) under section 184(1)(d) b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 193 to 200 ii: under any matter referred to in section 201(1) c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 209 2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land. 3: The notice must include— a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land. 205: Notice requirements Schedule 6 a: an RFR landowner; or b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers 206: Right of first refusal recorded on computer registers for RFR land 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,— a: the RFR land for which there is a computer register on the RFR date for the land; and b: the RFR land for which a computer register is first created after the RFR date for the land; and c: land for which there is a computer register that becomes RFR land after the settlement date. 2: The chief executive must issue a certificate as soon as is reasonably practicable after— a: the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or b: receiving a notice under section 202 3: Each certificate must state that it is issued under this section. 4: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is— a: RFR land, as defined in section 183 b: subject to this subpart (which restricts disposal, including leasing, of the land). 207: Removal of notifications when land to be transferred or vested 1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 204 a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land; and d: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notifications recorded under section 206 208: Removal of notifications when RFR period ends 1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes— a: the reference for each computer register for RFR land that still has a notification recorded under section 206 b: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 206 General provisions applying to right of first refusal 209: Waiver and variation 1: The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart. 2: The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart. 3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it. 210: Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body. 211: Assignment of rights and obligations under this subpart 1: Subsection (3) applies if an RFR holder— a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and b: has given the notices required by subsection (2). 2: An RFR holder must give notices to each RFR landowner— a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and b: specifying the date of the assignment; and c: specifying the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and d: specifying the street address, postal address, and fax number or electronic address for notices to the assignees. 3: This subpart and Schedule 6 4: In this section and Schedule 6 constitutional documents RFR holder a: they are the trustees of 1 or more offer trusts; or b: they have previously been assigned those rights and obligations under this section. 5: Governance arrangements 212: Interpretation In this subpart, unless the context otherwise requires,— assets and liabilities a: means the assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act, by Te Runanga, the charitable trust of Te Rarawa, and the relevant subsidiaries; and b: includes— i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) date of transfer section 214 exempt income section YA 1 final report a: a statement of the financial position of Te Runanga and other information required by section 215(1) and (2) b: an audit report prepared by the Auditor-General on the statement and information referred to in paragraph (a) Inland Revenue Acts section 3(1) relevant subsidiaries a: Te Waka Pupuri Putea Limited, a registered charity with registration number CC39925: b: Te Rarawa To Tatou Kainga: c: Te Rarawa ICP Partners Limited: d: Te Waka Pupuri Putea Holdings Limited: e: Te Waka Pupuri Putea Management Limited: f: Te Rarawa Commercial Properties Limited: g: Te Rarawa Residential Properties Limited: h: Te Rarawa Waste Management Limited reorganisation taxable income section YA 1 Te Runanga o Te Rarawa Te Runanga transferred employee Charitable trusts dissolved 213: Charitable trust dissolved 1: On the commencement of this Act,— a: Te Runanga o Te Rarawa ( Te Runanga b: the term of office of the members of Te Runanga expires; and c: proceedings by or against Te Runanga may be continued, completed, and enforced by or against the trustees; and d: a reference to Te Runanga (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed (other than the deed of settlement), lease, application, notice, or other document in force immediately before the commencement of this Act, must, unless the context otherwise requires, be read as a reference to the trustees. 2: A person holding office as a member of Te Runanga immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office. Vesting 214: Vesting of assets and liabilities 1: On the commencement of this Act,— a: the assets and liabilities of Te Runanga, including the relevant subsidiaries, vest in the trustees and become the assets and liabilities of the trustees; but b: the assets and liabilities of the relevant subsidiaries continue to be the assets and liabilities of those subsidiaries. 2: To the extent that any assets and liabilities of Te Runanga are held subject to— a: any charitable trusts, those assets and liabilities are— i: freed of all charitable trusts; but ii: subject to the trusts expressed in Te Runanga o Te Rarawa trust deed: b: any other trusts, covenants, or conditions affecting an asset or liability, those assets and liabilities vest in, and become the assets and liabilities of, the trustees, subject to those trusts, covenants, or conditions. 3: To the extent that the assets and liabilities of the relevant subsidiaries are held subject to any charitable trusts, those assets and liabilities are— a: freed of all charitable trusts; but b: subject to any other trusts, covenants, or conditions affecting those assets and liabilities. 4: If, on the commencement of this Act, a relevant subsidiary is a tax charity for the purposes of the Inland Revenue Acts, that subsidiary ceases to be a tax charity on that date. 5: To avoid doubt, nothing in this section has the effect, of itself, of causing a relevant subsidiary to be a different person for the purposes of the Inland Revenue Acts. Administrative matters 215: Final annual report of Te Runanga 1: As soon as is reasonably practicable after the commencement of this Act, the trustees must prepare a final annual report to show the financial results of the operations of Te Runanga for the period beginning on the day after the last day covered by the previous annual report and ending with the close of the day immediately before the commencement of this Act. 2: At the first general meeting of the trustees, after the completion of the final report, the trustees must present the final annual report to the members of Te Rarawa who attend the meeting. 216: Matters not affected by transfer Nothing given effect to or authorised by this subpart— a: places Te Runanga or the trustees, the Crown, or any other person or body in breach of a contract or confidence, or makes them guilty of a civil wrong; or b: gives rise to a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or c: places Te Runanga, the trustees, the Crown, or any other person or body in breach of an enactment, a rule of law, or a contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or d: releases a surety wholly or in part from an obligation; or e: invalidates or discharges a contract. 217: Status of contracts and other instruments 1: In subsection (2), contracts and other instruments sections 396 403 Oranga Tamariki Act 1989 2: Contracts and other instruments are binding on, and enforceable by, against, or in favour of, the trustee as if the contract or other instrument were entered into by, made with, given to or by or addressed to or by the trustees and not Te Runanga. Section 217(1) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 218: Status of existing securities 1: A security held by Te Runanga as security for a debt or other liability to the board of Te Runanga incurred before the commencement of this Act— a: is available to the trustees as security for the discharge of that debt or liability; and b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the trustees incurred on or after the commencement of this Act. 2: The trustees are entitled to the same rights and priorities, and are subject to the same liabilities, in relation to the security as Te Runanga would be if this Act had not been passed. 219: Continuation of proceedings 1: An action, an arbitration, a proceeding, or a cause of action that was pending or existing by, against, or in favour of Te Runanga before the commencement of this Act may be continued and enforced by, against, or in favour of the trustees. 2: It is not necessary to amend a pleading, writ, or other document to continue the action, arbitration, proceeding, or cause of action. 220: Books and documents to remain evidence 1: A document, matter, or thing that would have been admissible in evidence for or against Te Runanga is, on and after the commencement of this Act, admissible in evidence for or against the trustees. 2: For the purpose of this section, document section 4(1) 221: Registers 1: The Registrar-General or any other person charged with keeping books or registers is not required to change the name of Te Runanga to the names of the trustees in the books or registers or in a document solely because of the provisions of this subpart. 2: If the trustees present an instrument referred to in subsection (3) to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the trustees, as specified in the instrument. 3: For the purposes of this section, the instrument need not be an instrument of transfer, but must— a: be executed or purport to be executed by the trustees; and b: relate to assets or liabilities held, managed, or controlled by Te Runanga or any entity wholly or partly owned or controlled by the board of Te Runanga immediately before the commencement of this Act; and c: be accompanied by a certificate given by the trustees or their solicitor that the property was vested in the trustees by or under this Act. 222: Liability of employees and agents 1: A person who, at any time before the commencement of this Act, held office as a member of Te Runanga or who was an officer, an employee, an agent, or a representative of that board is not personally liable in respect of an act or thing done or omitted to be done by him or her before the commencement of this Act in the exercise or bona fide purported exercise of an authority conferred by or under any enactment. 2: This section applies only— a: in the absence of actual fraud; and b: if the act or omission does not amount to an offence under any enactment or rule of law. 223: Transfer of employees On and from the commencement of this Act, each employee of Te Runanga ceases to be an employee of the board and becomes an employee of the trustees. 224: Protection of terms and conditions of employment 1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the commencement of this Act. 2: Subsection (1)— a: continues to apply to the terms and conditions of employment of a transferred employee until they are varied by agreement between the transferred employee and the trustees; and b: does not apply to a transferred employee who receives any subsequent appointment with the trustees. 225: Continuity of employment For the purposes of an enactment, a rule of law, a determination, a contract, or an agreement relating to the employment of a transferred employee, the transfer of the employee from Te Runanga to the trustees does not, of itself, break the employment of that person, and the period of his or her employment by Te Runanga is to be regarded as having been a period of service with the trustees. 226: No compensation for technical redundancy A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that— a: the position held by the employee with Te Runanga has ceased to exist; or b: the employee has ceased, as a result of his or her transfer to the trustees, to be an employee of Te Runanga. Taxation provisions 227: Application Sections 228 to 231 Te Runanga 228: Taxation in respect of transfer of assets and liabilities of Te Runanga 1: This section applies provided that the assets and liabilities of Te Runanga become the assets and liabilities of the trustees. 2: On and from the date on which the assets and liabilities vest in the trustees under section 214(1)(a) a: the trustees are deemed to be the same person as Te Runanga; and b: everything done by Te Runanga before the assets and liabilities become those of the trustees is deemed to have been done by the trustees on the date that it was done by Te Runanga. 3: Income derived or expenditure incurred by Te Runanga before the assets and liabilities become those of the trustees does not become income derived or expenditure incurred by the trustees just because the assets and liabilities become those of the trustees under section 214(1)(a) 4: Subsection (5) applies if income of Te Runanga— a: is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and b: is exempt income of Te Runanga but is not exempt income of the trustees. 5: The trustees must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property on the day that it becomes the trustees' property for a consideration that is its market value on that day. 6: The trustees must identify the undistributed charitable amounts, using the following formula: x − y where— x is the total amounts derived by Te Runanga that, but for the application of sections CW 41 CW 42 y is the amounts described in item x that have been distributed before the commencement of this Act. 7: The undistributed charitable amounts described in subsection (6) are excluded from the corpus of the trustees for the purposes of the Income Tax Act 2007 8: If the trustees distribute an undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007 9: If the trustees distribute an undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient. 10: In this section, Te Runanga 229: Election by trustee to be Maori authority 1: If the trustees make an election under section HF 11 section 228(6) a: exempt income if the distribution is applied for a charitable purpose; or b: a taxable Maori authority distribution. 2: If this section applies, the amount must be disregarded for the purposes of section HF 8 Relevant subsidiaries 230: Taxation in respect of assets and liabilities of relevant subsidiaries 1: This section applies provided— a: the assets and liabilities of the relevant subsidiaries remain the assets and liabilities of those subsidiaries; and b: income of a relevant subsidiary derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of that subsidiary before the commencement of this Act and ceases to be exempt income as a result of the application of section 214(4) 2: The subsidiary is to be treated as having acquired the financial arrangement, trading stock, revenue account, or depreciable property for a consideration that is its market value on the date of the commencement of this Act. 231: Election by relevant subsidiary to be Maori authority 1: If a relevant subsidiary makes an election under section HF 11 sections CW 41 CW 42 2: If this section applies, the distribution must be disregarded for the purposes of section HF 8 6: Te Rūnanga o Te Rarawa to become mandated iwi organisation Subpart 6 inserted 12 May 2017 section 15 Māori Purposes Act 2017 232: Interpretation In this subpart, unless the context otherwise requires— charitable trust Te Rūnanga o Te Rarawa section 12 Section 232 inserted 12 May 2017 section 15 Māori Purposes Act 2017 233: Recognition of new mandated iwi organisation 1: Te Rūnanga o Te Rarawa is the mandated iwi organisation for Te Rarawa (listed as Te Rarawa in Schedule 3 section 13(1) 2: Te Waka Pūpuri Pūtea Limited is the asset-holding company of Te Rūnanga o Te Rarawa. 3: Subsections (1) and (2) are deemed to have taken effect on and from the commencement of this Act. 4: However, any reference in the Maori Fisheries Act 2004 5: On and from the commencement of this Act until the commencement of this section, Te Rūnanga o Te Rarawa is deemed to have— a: met the criteria in section 14 b: satisfied section 12(1)(d) 6: To avoid doubt, on and from the commencement of this section, Te Rūnanga o Te Rarawa must— a: meet the criteria in section 14 b: satisfy section 12(1)(d) Section 233 inserted 12 May 2017 section 15 Māori Purposes Act 2017 234: Certain effects of recognition of new mandated iwi organisation 1: Any registered coastline entitlement held by the charitable trust immediately before the commencement of this Act is to be treated as a registered coastline entitlement held by Te Rūnanga o Te Rarawa. 2: Any coastline claim, agreement, or written statement of the charitable trust made under Part 1 of Schedule 6 3: Subsections (1) and (2) are deemed to have taken effect on and from the commencement of this Act. Section 234 inserted 12 May 2017 section 15 Māori Purposes Act 2017 235: Functions of Te Ohu Kai Moana Trustee Limited Te Ohu Kai Moana Trustee Limited must, in accordance with the Maori Fisheries Act 2004 (with any necessary modifications), take all actions required to provide administratively for the matters set out in sections 233(1) to (3) 234 Section 235 inserted 12 May 2017 section 15 Māori Purposes Act 2017

DLM6604102

2015

Secret Commissions Amendment Act 2015

1: Title This Act is the Secret Commissions Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Secret Commissions Act 1910 principal Act 2015-11-07 Secret Commissions Act 1910 4: Section 2 amended (Interpretation) In section 2 child of any agent child 5: Section 13 replaced (Penalty on conviction) Replace section 13 13: Penalty on conviction A person who commits an offence against this Act is liable to imprisonment for a term not exceeding 7 years.

DLM5711800

2015

Harmful Digital Communications Act 2015

1: Title This Act is the Harmful Digital Communications Act 2015. 2: Commencement 1: Sections 22 to 25 Part 2 2: The rest of this Act comes into force on the earlier of— a: a date appointed by the Governor-General by Order in Council; and b: 2 years after the date on which this Act receives the Royal assent. 3: One or more Orders in Council may be made under subsection (2) appointing different dates for different provisions. 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 21 November 2016 clause 2 Harmful Digital Communications Act Commencement Order (No 2) 2016 Section 2(2) brought into force 27 November 2015 clause 2 Harmful Digital Communications Act Commencement Order 2015 Section 2(2) brought into force 20 May 2016 clause 2 Harmful Digital Communications Act Commencement Order 2016 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Approved Agency and enforcement 1: Purpose, interpretation, the Crown, and communication principles 3: Purpose The purpose of this Act is to— a: deter, prevent, and mitigate harm caused to individuals by digital communications; and b: provide victims of harmful digital communications with a quick and efficient means of redress. 4: Interpretation In this Act, unless the context otherwise requires,— applicant section 11 application the District Court section 15 Approved Agency Agency section 7 chief executive defendant digital communication a: means any form of electronic communication; and b: includes any text message, writing, photograph, picture, recording, or other matter that is communicated electronically harm individual intimate visual recording a: means a visual recording (for example, a photograph, videotape, or digital image) that is made in any medium using any device with or without the knowledge or consent of the individual who is the subject of the recording, and that is of— i: an individual who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and the individual is— A: naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or B: engaged in an intimate sexual activity; or C: engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or ii: an individual's naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made— A: from beneath or under an individual's clothing; or B: through an individual's outer clothing in circumstances where it is unreasonable to do so; and b: includes an intimate visual recording that is made and transmitted in real time without retention or storage in— i: a physical form; or ii: an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing IPAP section 122A(1) Minister online content host post a: means to transfer, send, publish, disseminate, or otherwise communicate by means of a digital communication— i: any information, whether truthful or untruthful, about the victim; or ii: an intimate visual recording of an individual; and b: includes an attempt to do anything referred to in paragraph (a) professional leader section 10(1) registered school section 10(1) victim a: in relation to section 22 b: in relation to section 22A Section 4 application amended 1 March 2017 section 261 District Court Act 2016 Section 4 post inserted 9 March 2022 section 4(1) Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Section 4 posts a digital communication repealed 9 March 2022 section 4(2) Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Section 4 professional leader amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 registered school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 victim inserted 9 March 2022 section 4(1) Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 5: Act binds the Crown This Act binds the Crown. Communication principles 6: Communication principles 1: The communication principles are— Principle 1 A digital communication should not disclose sensitive personal facts about an individual. Principle 2 A digital communication should not be threatening, intimidating, or menacing. Principle 3 A digital communication should not be grossly offensive to a reasonable person in the position of the affected individual. Principle 4 A digital communication should not be indecent or obscene. Principle 5 A digital communication should not be used to harass an individual. Principle 6 A digital communication should not make a false allegation. Principle 7 A digital communication should not contain a matter that is published in breach of confidence. Principle 8 A digital communication should not incite or encourage anyone to send a message to an individual for the purpose of causing harm to the individual. Principle 9 A digital communication should not incite or encourage an individual to commit suicide. Principle 10 A digital communication should not denigrate an individual by reason of his or her colour, race, ethnic or national origins, religion, gender, sexual orientation, or disability. 2: In performing functions or exercising powers under this Act, the Approved Agency and courts must— a: take account of the communication principles; and b: act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 2: Enforcement provisions Approved Agency 7: Approved Agency 1: The Governor-General may, by Order in Council made on the recommendation of the Minister,— a: appoint as the Approved Agency for the purpose of this Act— i: any person or organisation: ii: any department: iii: any Crown entity: b: prescribe the functions of the Approved Agency that are in addition to the functions specified in section 8(1) c: prescribe any reporting requirements, accountability measures, or other terms or conditions that the Approved Agency must comply with. 2: Before recommending the making of an Order in Council under subsection (1), the Minister must be satisfied that the appointee has the appropriate knowledge, skills, and experience to carry out some or all of the functions of the Approved Agency under this Act. 3: The Approved Agency holds office for the term specified in the order made under subsection (1). 4: A person is not to be regarded as being employed in the service of the Crown for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956 5: The Approved Agency is subject to the Ombudsmen Act 1975 Official Information Act 1982 Public Records Act 2005 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 7(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 7(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 8: Functions and powers of Approved Agency 1: The functions of the Approved Agency are— a: to receive and assess complaints about harm caused to individuals by digital communications: b: to investigate complaints: c: to use advice, negotiation, mediation, and persuasion (as appropriate) to resolve complaints: d: to establish and maintain relationships with domestic and foreign service providers, online content hosts, and agencies (as appropriate) to achieve the purpose of this Act: e: to provide education and advice on policies for online safety and conduct on the Internet: f: to perform the other functions conferred on it by or under this Act, including functions prescribed by Order in Council made under section 7 2: The Agency may, subject to any other enactment, seek and receive any information that the Agency considers will assist it in the performance of its functions. 3: The Agency may refuse to investigate, or cease investigating, any complaint if the Agency considers that— a: the complaint is trivial, frivolous, or vexatious; or b: the subject matter or nature of the complaint is unlikely to cause harm to any individual; or c: the subject matter or nature of the complaint does not contravene the communication principles. 4: The Agency may decide not to take any further action on a complaint if, in the course of assessing or investigating the complaint, it appears to the Agency that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. 5: If the Agency decides not to take any further action on a complaint, it must notify the complainant of the right to apply to the District Court for an order under this Act. 9: Power of Approved Agency to delegate 1: Subject to the approval of the Minister, the Approved Agency may delegate to any person or organisation any of its functions and powers except this power of delegation. 2: Before delegating any functions or powers, the Approved Agency must be satisfied that the delegate has the appropriate knowledge, skills, and experience to carry out those functions or powers. 3: A delegation— a: must be in writing; and b: is subject to any restrictions and conditions specified by the Approved Agency that it thinks fit, including conditions that relate to the Approved Agency’s obligations under section 7(5) c: is revocable at any time, in writing; and d: does not prevent the performance or exercise of a function or power by the Approved Agency. 4: A person or organisation performing or exercising any delegated functions or powers may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation. 5: A person or organisation who acts under a delegation given under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 6: Any action or decision of a delegate under the delegation is treated as an action or decision of the Approved Agency under this Act. 7: A delegate must comply with all reasonable requests or requirements of the Approved Agency for the purpose of enabling the Agency to comply with the Ombudsmen Act 1975 Official Information Act 1982 Public Records Act 2005 10: Protection for employees of Approved Agency 1: This section applies if the Approved Agency is not a department or Crown entity. 2: If this section applies, no civil action lies against any employee of the Agency, or against any employee of a delegate of the Agency, for any act done or omitted by the Agency, or by the delegate, or by him or her, in good faith in the performance or intended performance of the functions, duties, or powers of the Agency. 3: However, subsection (2) does not prevent a person from filing an application for review under section 8 Section 10(3) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Proceedings may be brought in District Court 11: Who may bring proceedings 1: Any of the following may apply to the District Court section 18 19 a: an individual (the affected individual b: a parent or guardian on behalf of the affected individual: c: the professional leader of a registered school or his or her delegate, if the affected individual is a student of that school and consents to the professional leader or delegate bringing the proceedings: d: the Police, if the digital communication constitutes a threat to the safety of an individual. 2: The chief coroner may apply for an order under section 18 19(1)(a) or (b) or (2)(a) Coroners Act 2006 Section 11(1) amended 1 March 2017 section 261 District Court Act 2016 12: Threshold for proceedings 1: An applicant referred to in section 11(1)(a), (b), or (c) section 18 19 2: In any case, the District Court section 11(1)(a), (b), or (c) section 18 19 a: there has been a threatened serious breach, a serious breach, or a repeated breach of 1 or more communication principles; and b: the breach has caused or is likely to cause harm to an individual. 3: The court may, on its own initiative, dismiss an application from an applicant referred to in section 11(1)(a), (b), or (c) 4: The court may, on its own initiative, dismiss an application under section 11 Section 12(2) amended 1 March 2017 section 261 District Court Act 2016 13: District Court may refer matter back to Approved Agency 1: This section applies when the District Court section 11 section 12(1) 2: The court— a: must consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and b: may adjourn the proceeding and refer the matter back to the Approved Agency unless satisfied that attempts at resolution, or further attempts at resolution, of the matter by the parties and the Agency— i: will not contribute constructively to resolving the matter; or ii: will not, in the circumstances, be in the public interest; or iii: will undermine the proceedings before the court. Section 13(1) amended 1 March 2017 section 261 District Court Act 2016 14: Court may require Approved Agency to provide information 1: The District Court sections 12 13 2: The Approved Agency must provide the information in the form (if any) prescribed by rules of court. Section 14(1) amended 1 March 2017 section 261 District Court Act 2016 Procedure 15: Applications 1: Applications for any orders under section 18 19 a: be filed in the District Court b: be in the prescribed form (if any). 2: The court may give directions as to service and, if the court considers it appropriate to do so in the circumstances, having regard to the principles of natural justice, the court may consider an application made on a without notice basis. 3: No filing fee is payable for an application. Section 15(1)(a) amended 1 March 2017 section 261 District Court Act 2016 16: Mode of hearing and evidence 1: The court must, having regard to the circumstances of the particular case, direct that an application be determined— a: just on the basis of written material provided to it; or b: by way of a hearing involving oral submissions. 2: The court may deal with an application in any manner that it thinks will preserve the anonymity of a party so that the party’s identity is not released to any other party during the proceedings. 3: The court must give reasons for any decision it makes in the proceedings. 4: The decision, including the reasons, must be published. 5: Subsections (3) and (4) are subject to subsection (2). 6: The court may receive any evidence or information that may in its opinion assist it to deal effectively with any proceedings under this Act, whether or not the evidence or information would be otherwise admissible in a court of law. 17: Technical advisers 1: The District Court section 19 section 124 2: The duties of a technical adviser are— a: to sit with the court; and b: subject to subsection (4), to act in all respects as an extra member of the court. 3: The court or any Registrar or Deputy Registrar of the court must appoint a technical adviser if the court is considering an application for an order under section 19(2)(a) or (b) or (3) or (4)(a) 4: The Judge may give any weight to the technical adviser's advice that the Judge thinks fit, and the Judge alone must determine the application or appeal. 5: The Minister must maintain a panel of persons who may be appointed under this section as technical advisers, and only persons named on the panel may be appointed under this section as technical advisers. 6: A technical adviser may be appointed to the panel for up to 5 years, and the appointment continues until— a: the person is reappointed; or b: a successor to the person is appointed; or c: the person is informed in writing by the Minister that the person is not to be reappointed and that a successor to that person is not to be appointed; or d: the person resigns by notice in writing to the Minister; or e: the person is removed from the panel by the Minister for incapacity that affects the person’s performance of duty, for neglect of duty, or for misconduct, proved to the satisfaction of the Minister; or f: the person dies. 7: The chief executive must pay technical advisers the remuneration and allowances determined from time to time by the Minister. Section 17(1) amended 1 March 2017 section 261 District Court Act 2016 18: Interim orders 1: The District Court section 19 2: An interim order under this section may do anything that may be done by order under section 19 Section 18(1) amended 1 March 2017 section 261 District Court Act 2016 19: Orders that may be made by court 1: The District Court may, on an application, make 1 or more of the following orders against a defendant: a: an order to take down or disable material: b: an order that the defendant cease or refrain from the conduct concerned: c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual: d: an order that a correction be published: e: an order that a right of reply be given to the affected individual: f: an order that an apology be published. 2: The District Court may, on an application, make 1 or more of the following orders against an online content host: a: an order to take down or disable public access to material that has been posted or sent: b: an order that the identity of the author of an anonymous or pseudonymous communication be released to the court: c: an order that a correction be published in any manner that the court specifies in the order: d: an order that a right of reply be given to the affected individual in any manner that the court specifies in the order. 3: The District Court may, on application, make an order against an IPAP that the identity of an anonymous communicator be released to the court. 4: The court may also do 1 or more of the following: a: make a direction applying an order provided for in subsection (1) or (2) to other persons specified in the direction, if there is evidence that those others have been encouraged to engage in harmful digital communications towards the affected individual: b: make a declaration that a communication breaches a communication principle: c: order that the names of any specified parties be suppressed. 5: In deciding whether or not to make an order, and the form of an order, the court must take into account the following: a: the content of the communication and the level of harm caused or likely to be caused by it: b: the purpose of the communicator, in particular whether the communication was intended to cause harm: c: the occasion, context, and subject matter of the communication: d: the extent to which the communication has spread beyond the original parties to the communication: e: the age and vulnerability of the affected individual: f: the truth or falsity of the statement: g: whether the communication is in the public interest: h: the conduct of the defendant, including any attempt by the defendant to minimise the harm caused: i: the conduct of the affected individual or complainant: j: the technical and operational practicalities, and the costs, of an order: k: the appropriate individual or other person who should be subject to the order. 6: In doing anything under this section, the court must act consistently with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 20: Court may vary or discharge order 1: Any applicant who obtains an order under section 18 19 22B 2: The District Court may, by order, do any of the following things to an order made under section 18 19 22B a: vary the duration of the order: b: vary any conditions of the order: c: discharge the order. 3: The court may make an order referred to in subsection (2)(a) or (b) on its own initiative, whether or not an application is made. Section 20(1) amended 9 March 2022 section 5 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Section 20(2) amended 9 March 2022 section 5 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Offences 21: Offence of non-compliance with order 1: A person who, without reasonable excuse, fails to comply with an order made under section 18 19 22B 2: A person who commits an offence against this section is liable on conviction to,— a: in the case of a natural person, imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000: b: in the case of a body corporate, a fine not exceeding $20,000. Section 21(1) amended 9 March 2022 section 6 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 22: Causing harm by posting digital communication 1: A person commits an offence if— a: the person posts a digital communication with the intention that it cause harm to a victim; and b: posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and c: posting the communication causes harm to the victim. 2: In determining whether a post would cause harm, the court may take into account any factors it considers relevant, including— a: the extremity of the language used: b: the age and characteristics of the victim: c: whether the digital communication was anonymous: d: whether the digital communication was repeated: e: the extent of circulation of the digital communication: f: whether the digital communication is true or false: g: the context in which the digital communication appeared. 3: A person who commits an offence against this section is liable on conviction to,— a: in the case of a natural person, imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000: b: in the case of a body corporate, a fine not exceeding $200,000. 4: This section does not apply if the posted digital communication is an intimate visual recording to which the offence in section 22A 1961 No 43 s 216G Section 22(4) replaced 9 March 2022 section 7 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 22A: Posting intimate visual recording without consent 1: A person commits an offence if the person, without reasonable excuse, posts a digital communication that is an intimate visual recording of a victim— a: knowing that the victim has not consented to the posting; or b: being reckless as to whether the victim has consented to the posting. 2: An individual under the age of 16 years cannot consent to the posting of an intimate visual recording of which they are the subject. 3: A person who commits an offence against this section is liable on conviction to,— a: in the case of a natural person, imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000: b: in the case of a body corporate, a fine not exceeding $200,000. Section 22A inserted 9 March 2022 section 8 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 22B: Court may make civil order during proceedings for offence under section 22A 1: On application under this section and if the court considers it desirable to do so, the court conducting the proceedings for an offence under section 22A a: during the proceedings, 1 or more of the interim orders set out in subsection (2) b: if the defendant is proven to have committed the offence, 1 or more of the orders set out in subsection (3) 2: The following interim orders are available to the court under subsection (1)(a) a: an order to take down or disable material: b: an order that the defendant cease or refrain from the conduct concerned: c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual. 3: The following orders are available to the court under subsection (1)(b) a: an order to take down or disable material: b: an order that the defendant cease or refrain from the conduct concerned: c: an order that the defendant not encourage any other persons to engage in similar communications towards the affected individual: d: an order that a correction be published: e: an order that a right of reply be given to the affected individual: f: an order that an apology be published. 4: In this section, a defendant is proven to have committed section 22A a: the defendant is convicted of the offence; or b: the defendant is found guilty of, or pleads guilty to, the offence, but is discharged without conviction under section 106 c: the Youth Court makes an order under section 282 Section 22B inserted 9 March 2022 section 8 Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Act 2022 Liability of online content host 23: Liability of online content host for content posted by user 1: Section 24 2: The fact that an online content host does not take advantage of section 24 3: Section 24 4: This section is subject to section 25(5) 24: Process for obtaining protection against liability for specific content 1: No civil or criminal proceedings may be brought against an online content host in respect of the content complained of (the specific content a: receives a notice of complaint about the specific content; and b: complies with subsection (2). 2: The requirements of this subsection are that— Host to notify author of complaint a: the online content host must, as soon as practicable but no later than 48 hours after receiving a notice of complaint,— i: provide the author of the specific content with a copy of the notice of complaint, altered to conceal personal information that identifies the complainant if the host has received confirmation that the complainant does not consent to the host providing that information to the author; and ii: notify the author that the author may submit a counter-notice to the host within 48 hours after receiving that notification: b: if the host is unable to contact the author (for example, because the identity of the author is unknown) after taking reasonable steps to do so, the host must take down or disable the specific content as soon as practicable after taking those steps but no later than 48 hours after receiving a notice of complaint: Author’s counter-notice consenting to removal of content c: if the author submits a valid counter-notice no later than 48 hours after receiving the host’s notification under paragraph (a) in which the author consents to the removal of the specific content, the host must take down or disable the specific content as soon as practicable after receiving that counter-notice: Author’s counter-notice refusing consent to removal of content d: if the author submits a valid counter-notice no later than 48 hours after receiving the host’s notification under paragraph (a) in which the author refuses to consent to the removal of the specific content, the host must leave the specific content in place and, as soon as practicable after receiving that counter-notice,— i: notify the complainant of the author’s decision; and ii: if the author consents, provide the complainant with personal information that identifies the author: Author failing to submit valid counter-notice e: if the author does not submit a valid counter-notice in accordance with this subsection (whether by failing to submit a counter-notice or by submitting an invalid counter-notice), the host must take down or disable the specific content as soon as practicable but no later than 48 hours after notifying the author under paragraph (a). 3: A notice of complaint must— a: state the complainant’s name and a telephone number, a physical address, and an email address for the complainant; and b: state the specific content, and explain why the complainant considers that the specific content— i: is unlawful; or ii: breaches 1 or more communication principles and has caused harm; and c: sufficiently enable the specific content to be readily located; and d: state whether the complainant consents to personal information that identifies the complainant being released to the author; and e: contain any other information that the complainant considers relevant. 4: A counter-notice must state— a: the author’s name and a telephone phone number, a physical address, and an email address for the author; and b: whether the author consents to personal information that identifies the author being released to the complainant; and c: whether the author consents to the removal of the specific content. 5: An online content host must not disclose any personal information about the complainant or author under information privacy principle 11(1)(e)(iv) set out in section 22 6: Nothing in subsection (5) affects the application of any other provision in the Privacy Act 2020 7: This section is subject to section 25(5) Section 24(5) amended 1 December 2020 section 217 Privacy Act 2020 Section 24(6) amended 1 December 2020 section 217 Privacy Act 2020 25: Further provisions related to section 24 1: The Approved Agency may lodge a notice of complaint under section 24 2: The protection conferred on an online content host by section 24 3: The protection conferred on an online content host by section 24 4: Nothing in section 23 24 a: section 211 b: section 19 c: copyright liability, or any proceedings, under the Copyright Act 1994 d: any enactment that expressly overrides section 24 5: Nothing in section 23 24 Regulations and rules 26: Regulations 1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: prescribing the practice and procedure for the conduct of matters under this Act before the Approved Agency: b: providing for any other 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 26(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 27: Rules 1: The power to make rules of court under section 148 section 228 2: Without limiting the generality of subsection (1), rules made in accordance with that subsection may— a: prescribe forms for applications and orders under this Act: b: prescribe a form for the purposes of section 14 c: prescribe the practice and procedure for the conduct of matters under this Act before the District Court. Section 27(1) amended 1 March 2017 section 261 District Court Act 2016 Section 27(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 28: Consequential amendments to other Acts Amend the Acts specified in the Schedule OIC LI 2016/226 2016-11-21 Ombudsmen Act 1975 Public Records Act 2005 refer section 2(2) —The rest of this Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council; and 2 years after the date on which this Act receives the Royal assent. Replace date above if OIC brings into force section 28 earlier than 2 July 2017. 2: Amendments to other Acts concerning use of digital communications 1: Crimes Act 1961 29: Principal Act This subpart amends the Crimes Act 1961 2015-07-03 Crimes Act 1961 subpart 1 — refer section 2(1) 30: Section 179 amended (Aiding and abetting suicide) In section 179 2: A person commits an offence who incites, counsels, or procures another person to commit suicide, even if that other person does not commit or attempt to commit suicide in consequence of that conduct. 3: A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 3 years. 2: Harassment Act 1997 31: Principal Act This subpart amends the Harassment Act 1997 2015-07-03 Harassment Act 1997 subpart 2 refer section 2(1) 32: Section 3 amended (Meaning of harassment) After section 3(2) 3: For the purposes of this Act, a person also harasses another person if— a: he or she engages in a pattern of behaviour that is directed against that other person; and b: that pattern of behaviour includes doing any specified act to the other person that is one continuing act carried out over any period. 4: For the purposes of subsection (3), continuing act 33: Section 4 amended (Meaning of specified act) 1: In section 4(1)(d) correspondence, electronic communication, 2: After section 4(1)(e) ea: giving offensive material to a person by placing the material in any electronic media where it is likely that it will be seen by, or brought to the attention of, that person: 34: Section 19 amended (Standard conditions of restraining orders) After section 19(1) 1A: It is a condition of every restraining order that applies to a continuing act within the meaning of section 3 that the respondent must take reasonable steps to prevent the specified act from continuing. 3: Human Rights Act 1993 35: Principal Act This subpart amends the Human Rights Act 1993 2015-07-03 Human Rights Act 1993 subpart 3 refer section 2(1) 36: Section 61 amended (Racial disharmony) 1: In section 61(1)(a) radio or television or other electronic communication 2: In section 61(2) radio or television or other electronic communication 37: Section 62 amended (Sexual harassment) After section 62(3)(j) k: participation in fora for the exchange of ideas and information. 38: Section 63 amended (Racial harassment) After section 63(2)(j) k: participation in fora for the exchange of ideas and information. 4: Privacy Act 1993 39: Principal Act This subpart amends the Privacy Act 1993 2015-07-03 Privacy Act 1993 subpart 4 refer section 2(1) 40: Section 6 amended (Information privacy principles) 1: In section 6 publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information 2: In section 6 publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information 41: Section 56 amended (Personal information relating to domestic affairs) In section 56 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.

DLM6403102

2015

Antarctica (Environmental Protection) Amendment Act 2015

1: Title This Act is the Antarctica (Environmental Protection) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Antarctica (Environmental Protection) Act 1994 principal Act 2015-03-26 Antarctica (Environmental Protection) Act 1994 4: Section 28 amended (Acts prohibited except in accordance with permit) 1: In section 28(1)(b) mammal or native invertebrate 2: Replace section 28(1)(e) e: introduce onto land or ice shelves or sea ice or into water in Antarctica any living organism (including, but not limited to, any species of animal, plant, or micro-organism) not native to that area; or . 3: After section 28(1)(e) ea: introduce onto land or ice shelves or sea ice or into water in Antarctica any living bird; or . 4: In section 28(3) a: replace dressed poultry poultry or avian products b: delete Appendix C to 5: Section 32 amended (Restrictions on permits to introduce non-indigenous animals, plants, or micro-organisms into Antarctica) In section 32 a: replace into Antarctica onto land or ice shelves or sea ice or into water in Antarctica b: replace animal, plant, or micro-organism living organism (including, but not limited to, any species of animal, plant, or micro-organism)

DLM6681200

2015

Legislation (Confirmable Instruments) Amendment Act 2015

1: Title This Act is the Legislation (Confirmable Instruments) Amendment Act 2015. 2: Commencement This Act comes into force on 1 January 2016. 3: Principal Act This Act amends the Legislation Act 2012 principal Act 2016-01-01 Legislation Act 2012 4: Section 3 amended (Purposes) In section 3(a) disallowing and confirming 5: Section 4 amended (Interpretation) In section 4 confirmable instrument section 47B deadline section 47C(2) section 47C(1)(a) or (b) 6: New section 4A inserted (Transitional, savings, and related provisions) After section 4 4A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA 7: Part 3 heading amended In the Part 3 Disallowable instruments , confirmable instruments, 8: Section 37 amended (Interpretation) In section 37 confirmation provision 9: Section 39 amended (Instruments that have significant legislative effect) Replace section 39(3)(b) b: whether all or a portion of the instrument makes it a confirmable instrument: 10: Section 45 replaced (Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument) Replace section 45 45: Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument 1: This section applies if some or all provisions of a disallowable instrument— a: amend an Act or instrument, repeal an Act, or revoke an instrument; and b: are provisions that are later disallowed under section 42 or 43. 2: The Act or instrument is restored or revived— a: as it was immediately before it was amended, repealed, or revoked by the disallowed provisions; and b: with effect from when the disallowed provisions cease to have effect. 3: This section alters an outcome under section 17(1)(d) of the Interpretation Act 1999 ( see 1989 No 143 s 8 11: New subpart 1A of Part 3 inserted After section 47 1A: Confirmable instruments 47A: Overview 1: This subpart ensures some instruments are revoked by this Act at a deadline unless earlier confirmed by an Act of Parliament. 2: The instruments are made under the section or sections listed in Schedule 2 see section 47B 3: The deadline differs depending on whether the instrument is made in the first or second half of a year ( see section 47C 4: If the instrument is one of a subset of confirmable instruments called annual confirmable instruments, and has been revoked before the deadline, then it is invalid for its past operation unless confirmed by an Act ( see sections 47B and 47D 5: Revocation by this Act of the instrument generally does not affect the validity of acts done under it before it is revoked ( see section 47F 6: Amendments, revocations, or repeals effected by the instrument are undone with effect from when the instrument is revoked by this Act ( see section 47G 7: Any duties, levies, or road user charges collected under the instrument must, with some exceptions, be refunded if the instrument is later revoked by this Act ( see sections 47H and 47I 8: This section is only a general guide to this subpart, which replaces and standardises former inconsistent confirmation provisions in the Acts listed in Schedule 2 47B: Confirmable instruments, etc, defined 1: An instrument made under an enactment is a confirmable instrument a: is made under the empowering section or sections in a row of the table in Schedule 2 b: complies with any restriction in that row. 2: A confirmable instrument is an annual confirmable instrument a: section 15(2) of the New Zealand Superannuation and Retirement Income Act 2001: b: section 30(2) of the New Zealand Superannuation and Retirement Income Act 2001: c: section 61H(1) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964: d: section 61HA(2) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964: e: section 61I(1) of the Social Security Act 1964: f: section 190(2) of the Veterans’ Support Act 2014. 47C: Instruments revoked unless confirmed 1: A confirmable instrument is revoked at the following applicable deadline: a: if it is made during the first half of a year, it is revoked at the middle of the next year: b: if it is made during the second half of a year, it is revoked at the end of the next year. 2: However, a confirmable instrument is not revoked by subsection (1)(a) or (b) so far as it— a: has been revoked, or expires, with effect before or on the deadline; or b: has ceased, or will cease, to have effect before or on the deadline by virtue of subpart 1 of Part 3 (disallowable instruments); or c: has before or on the deadline been confirmed by an Act of Parliament. 3: In this section,— a: the first half of a year b: the second half of a year c: the middle of the next year d: the end of the next year 1990 No 127 s 12; 1993 No 95 ss 100S, 100ZH, 138, 151; 2011 No 81 s 387(3); 2012 No 1 s 85(4); 2014 No 32 s 214 47D: Operation of annual instruments invalid if revoked before, and not confirmed by, deadline 1: This section applies to an annual confirmable instrument so far as it— a: has been revoked with effect before or on the deadline; and b: is therefore under section 47C(2)(a) section 47C(1)(a) or (b) 2: The instrument is, after the deadline, taken to have been invalid in respect of the period for which it purported to have effect. 3: Subsection (2) does not apply so far as the instrument has before or on the deadline been confirmed by an Act of Parliament. 1964 No 136 ss 61H(4), 61HA(6), 61I(2); 2001 No 84 ss 15(5), 30(5); 2014 No 56 s 190(5) 47E: How instrument is confirmed by Act 1: A confirmable instrument is for the purposes of this subpart confirmed by an Act of Parliament— a: only if the Act contains a provision to the effect that the instrument is confirmed; and b: only on and after that provision’s commencement. 2: The later repeal of the Act or provision does not affect the confirmation of the instrument (in line with section 17(1)(c) of the Interpretation Act 1999). 1964 No 136 s 61H(6); 1996 No 27 s 286B(2); 2012 No 1 s 85(6) 47F: Effect of revocation: general 1: This section applies to the revocation by section 47C(1)(a) or (b) 2: That revocation does not affect the previous operation of the instrument or anything done or suffered under it (in line with section 17(1)(e) of the Interpretation Act 1999). 3: This section is subject to section 47H 47G: Effect of revocation: amendments, etc 1: This section applies if a confirmable instrument— a: amends an Act or instrument, repeals an Act, or revokes an instrument; and b: is later revoked by section 47C(1)(a) or (b) 2: The Act or instrument is restored or revived— a: as it was immediately before it was amended, repealed, or revoked by the confirmable instrument; and b: with effect from when the confirmable instrument is later revoked by section 47C(1)(a) or (b) 3: This section alters an outcome under section 17(1)(d) of the Interpretation Act 1999 ( see 47H: Effect of revocation: duties, levies, or charges 1: This section applies if the effect of the instrument revoked by section 47C(1)(a) or (b) 2: Any duties, levies, or road user charges collected under the instrument (or, if the effect of the instrument is to vary any duties, levies, or road user charges, any duties, levies, or road user charges collected after the variation takes effect) must, unless an Act of Parliament provides otherwise, be refunded. 3: This section is subject to section 47I 1988 No 155 s 11(2); 1996 No 27 s 80(2); 2012 No 1 s 85(5) 47I: Effect of revocation: exceptions to section 47H 1: Section 47H(2) section 47C(1)(a) or (b) 2: Section 47H(2) section 47C(1)(a) or (b) 3: Section 47H(2) section 47C(1)(a) or (b) 4: Section 47H(2) section 47C(1)(a) or (b) 5: In this section,— civil aviation safety levy orders energy resources levy rate orders land transport fees or charges regulations a: made under section 269 or 269A of the Land Transport Act 1998; and b: prescribing fees or charges waste minimisation levy rate regulations 12: New Schedule 1AA inserted Before the Schedule Schedule 1 13: New Schedule 2 inserted After the Schedule Schedule 2 14: Consequential amendments to other Acts Amend the Acts specified in Schedule 3 2016-01-01 Agricultural Compounds and Veterinary Medicines Act 1997 Animal Products Act 1999 Antarctica (Environmental Protection) Act 1994 Arms Act 1983 Biosecurity Act 1993 Civil Aviation Act 1990 Climate Change Response Act 2002 Commodity Levies Act 1990 Criminal Procedure Act 2011 Customs and Excise Act 1996 Education Act 1989 Electronic Transactions Act 2002 Energy (Fuels, Levies, and References) Act 1989 Energy Resources Levy Act 1976 Fisheries Act 1996 Food Act 2014 Forests Act 1949 Gambling Act 2003 Industry Training and Apprenticeships Act 1992 KiwiSaver Act 2006 Land Transport Act 1998 Maritime Security Act 2004 National Animal Identification and Tracing Act 2012 New Zealand Superannuation and Retirement Income Act 2001 Parental Leave and Employment Protection Act 1987 Petroleum Demand Restraint Act 1981 Policing Act 2008 Primary Products Marketing Act 1953 Reserve Bank of New Zealand Act 1989 Road User Charges Act 2012 Social Security Act 1964 Tariff Act 1988 Tax Administration Act 1994 Veterans' Support Act 2014 Waste Minimisation Act 2008 Wine Act 2003

DLM5940100

2015

Animal Welfare Amendment Act 2015

1: Title This Act is the Animal Welfare Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Animal Welfare Act 1999 principal Act 2015-03-26 Animal Welfare Act 1999 4: Section 131 amended (Search warrants) In section 131(1) authorise the constable or the inspector authorise every constable and inspector

DLM6055801

2015

Ngāti Kuri Claims Settlement Act 2015

1: Title This Act is the Ngāti Kuri Claims Settlement Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary matters, acknowledgements and apology, and settlement of Ngāti Kuri historical claims Preliminary matters 3: Purpose The purpose of this Act is— a: to record the acknowledgements and apology given by the Crown to Ngāti Kuri in the deed of settlement; and b: to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Kuri. 4: Provisions to take effect on settlement date 1: The provisions of this Act take effect on the settlement date unless stated otherwise. 2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— a: the provision to have full effect on that date; or b: a power to be exercised under the provision on that date; or c: a duty to be performed under the provision on that date. 5: Act binds the Crown This Act binds the Crown. 6: Outline 1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. 2: This Part a: sets out the purpose of this Act; and b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and c: specifies that the Act binds the Crown; and d: sets out a summary of the historical account and records the text of the acknowledgements and apology given by the Crown to Ngāti Kuri, as recorded in the deed of settlement; and e: defines terms used in this Act, including key terms such as Ngāti Kuri and historical claims; and f: provides that the settlement of the historical claims is final; and g: provides for— i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and ii: a consequential amendment to the Treaty of Waitangi Act 1975 iii: the effect of the settlement on certain memorials; and iv: the exclusion of the limit on the duration of a trust v: access to the deed of settlement. 3: Part 2 a: in subpart 1 b: cultural redress that does not involve the vesting of land, namely,— i: in subpart 2 ii: in subpart 3 iii: in subpart 4 iv: in subpart 5 v: in subpart 6 vi: in subpart 7 4: Part 3 a: in subpart 1 b: in subpart 2 c: in subpart 3 d: in subpart 4 RFR 5: There are 5 schedules, as follows: a: Schedule 1 b: Schedule 2 c: Schedule 3 d: Schedule 4 e: Schedule 5 Section 6(2)(g)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown 7: Summary of historical account, acknowledgements, and apology 1: Section 8 2: Sections 9 and 10 3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement. 8: Summary Summary of historical background to claims of Ngāti Kuri 1: According to tradition, Ngāti Kuri ancestors have occupied Te Hiku o Te Ika from before the first waka arrivals. Traditionally Ngāti Kuri lived in several permanent settlements, and moved from those bases around their rohe in small groups, following seasonal cycles for gardening, fishing, and food gathering. Ngāti Kuri did not sign Te Tiriti o Waitangi/the Treaty of Waitangi 2: Under the nineteenth century native land laws, much of Ngāti Kuri’s remaining land was vested in small numbers of individual owners. No provisions existed to ensure those individuals acted as trustees for their iwi, and much of the land was soon sold. By 1890 over 70% of Ngāti Kuri’s traditional land had been alienated. The only large block of land remaining in their ownership were around the Pārengarenga harbour. The main economic activity available for Māori in the region was gum digging, which due to the isolation and lack of roading in the area, tended to trap workers in a debt cycle with the local storekeepers, who bought the gum from local Māori and sold them goods, controlling the prices of both. 3: In 1896, the Native Land Court began hearings on the Pārengarenga and Pākohu blocks around the harbour. The hearings and surveys were expensive, and the lands were almost lost to pay survey debts. In order to prevent that the Crown took over the debt and vested these blocks in the Tokerau Maori Land Board. This kept the lands in Māori ownership but the owners lost all control of their management. Māori were left with only 3 small reserves around the Pārengarenga Harbour on which to live. Ngāti Kuri’s main papakāinga, Te Hāpua, flooded every year and the community suffered from high rates of typhoid and tuberculosis, which the Crown was aware of but did little to remedy. 4: By 1910, the survey debts had been repaid, but, despite this, control of the lands did not go back to the owners. Ngāti Kuri repeatedly asked for the return of the lands so they could begin farming initiatives, but their requests were denied until the 1950s. 5: In 1953, the Crown empowered the Māori Trustee to compulsorily acquire small interests in the Pārengarenga and Pākohu blocks. Many Ngāti Kuri lost their last shares in their land through this process. 6: Due to the Crown’s actions and omissions, Ngāti Kuri as an iwi were left with little land and few economic opportunities. Many had to leave the rohe altogether, resulting in a loss of social cohesion and difficulty in passing on Ngāti Kuri’s tikanga, traditional knowledge, and language to younger generations. He whakarāpopototanga o ngā tāhuhu kōrero e pā ana ki ngā whai takunga a Ngāti Kurī 1: E ai ki ngā kōrero tuku iho, nō mua rawa kē i te hekenga nui mai o ngā waka ngā tūpuna o Ngāti Kurī e noho ana i Te Hiku o Te Ika. Mai anō e noho ana a Ngāti Kurī i ōna kāinga tūturu, ā, ka nukunuku haere ā-rōpu ririki nei, mai i ēnei kāinga taketake huri noa i tō rātou rohe, e whai ana i ngā wāhanga o te tau e mahi māra ai, e hī ika ai, e kohi, e hauhake kai ai rānei. Kāore a Ngāti Kurī i haina i Te Tiriti ō Waitangi. Otirā, mō ngā tau maha whai muri mai i te whakaeketanga mai o te pākehā ki ēnei whenua, ko te tikanga Māori te kaupapa mātāpono i mau tūturu atu ai a Ngāti Kurī. Kāore a Ngāti Kurī i whai wāhi atu ki ngā whakawhitiwhitinga whenua tuatahi i roto i tēnei rohe. He iti noa te māramatanga o ngā āpiha a Te Karauna ki ngā whakawhanaungatanga whakapapa i te rohe o Te Hiku. Me te aha hoki, kāore i mārama ki te tūturutanga o ngā whakapapa o Ngāti Kurī mai i ērā o ētahi atu o ngā iwi o te rohe. 2: I raro i ngā ture i whakaritea ai mō ngā whenua Māori o te rau tau te tekau mā iwa, te nuinga o ngā toenga whenua o Ngāti Kurī i tukua kētia ki ētahi tāngata takitahi iti rawa nei. Kore rawa he whakataunga i whiriwhiria hei tohu i aua tāngata takitahi rā kia noho kaitiaki rātou mō tō rātou iwi, kāore i roa ka hokona atu te nuinga o te whenua. Ake ki te 1890, neke atu i te 70 ōrau o ngā whenua taketake o Ngāti Kurī kua riro kē. Ko te whenua rahi katoa i mahue mai ai i roto i ō rātou ringaringa ko tērā e pae ana i te whanga o Pārengarenga. Ko te mahi matua whai oranga a te Māori i roto i te rohe, ko te keri kāpia. Nā te taratahi me te kore rori i te rohe, ko te otinga atu ko te nama a ngā kaimahi Māori ki ngā rangatira o ngā toa hokohoko, ko rātou nei i te hoko i te kāpia mai i te Māori me te hoko atu hoki ki te Māori i ā rātou nā taputapu. Ko rātou, ko ngā rangatira o ngā toa hokohoko, i a rātou te mana o te whakarite i te moni e utua ai mō te kāpia, me te moni e utua ai e te Māori mō ngā taputapu e hokona mai ai e ia i aua momo tāngata. 3: I te tau 1896 ka tīmata Te Kooti Whenua Māori o taua wā ki te whakahaere i ngā take whenua e pā ana ki Pārengarenga me Pākohu i te takiwā ki te whanga o Pārengarenga. He nui te moni kia utua mō te whakahaere i ngā take a te kooti me te rūri hoki. I tata ngaro katoa ngā whenua ki te utu i ngā nama rūri. Kia kore ai e riro katoa aua whenua, ka riro mā Te Karauna e kawe te utu o te nama. Ka whakawhitingia te mana ki ēnei whenua ki te ‘Tokerau Māori Land Board.’ (Te Poari Whenua Māori o Te Tokerau.) Ahakoa ka noho ngā whenua nei ki roto i ngā ringaringa o te Māori ēngari kāore i whai mana ngā ariki Māori o aua whenua ki ngā whakahaerenga, ngā whakaritenga rānei. E toru noa anō ngā whenua rāhui iti nei i te rohe o te whanga o Pārengarenga, i mahue mai ki ngā Māori hei oranga mō rātou. Ko te papakāinga matua o Ngāti Kurī arā, a Te Hāpua, he rite tonu te waipukengia me te aha, he tokomaha ngā tāngata i pāngia e te mate taipō me te mate kohi. I mōhio Te Karauna ki ēnei mate ēngari iti noa te aro mai ki te rongoā i aua mate. 4: Tae rawa mai ki te 1910 kua ea ngā nama rūri, ēngari ahakoa ia tēnei, kāore tonu te whenua i hoki ki ngā ariki. He rite tonu te tono a Ngāti Kurī kia whakahokia mai ngā whenua kia taea ai e rātou te tīmata i ētahi mahi ahu whenua. Ēngari kia tae rawa ki ngā tau rima tekau o te rau tau i pahure atu nei, kātahi anō ka arongia mai ā rātou īnoi. 5: I te tau 1953 ka hoatu te mana e te Karauna ki Te Kaitiaki Māori ki te tango i ngā pānga iti i ngā whenua ō Pārengarenga me Pākohu. He maha ngā tāngata o Ngāti Kurī i ngaro ai ō rātou pānga ki ō rātou whenua mā roto atu i tēnei momo whakahāere. 6: Nā ngā mahi ā Te Karauna me ōna hapa ka mahue he maramara whenua noa iho ki te iwi o Ngāti Kurī, tae atu hoki ki ngā ara pakeke i whiua ai ki runga i a rātou e puta ai he oranga ki a rātou. He maha i wehe motuhake atu i te rohe, me te aha, i motumotukia te āhua o te noho-ā-iwi ā Ngāti Kurī, me te uaua hoki ki te tuku iho i ōna tikanga, i ōna mātauranga, tae rawa iho hoki ki tōna reo ki ōna reanga rangatahi. 9: Acknowledgements 1: The Crown acknowledges that, under te Tiriti o Waitangi/the Treaty of Waitangi 2: In particular, the Crown acknowledges that it has not always recognised Ngāti Kuri as an iwi, and its failure to respect the rangatiratanga of Ngāti Kuri has been an ongoing grievance. Pre-1865 Crown land purchase 3: The Crown acknowledges that— a: it failed to conduct an adequate investigation of customary interests and did not include Ngāti Kuri when it purchased the 86 885-acre Muriwhenua South block in 1858; and b: the Muriwhenua South land was over a third of the Ngāti Kuri rohe and encompassed an entire east-to-west section of the peninsula, but the Crown only reserved 100 acres of the block for future Māori use and took no measures to protect that reserve from alienation; and c: in these circumstances the Crown's egregious failure, through these acts and omissions, to protect Ngāti Kuri interests was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 4: The Crown further acknowledges that Ngāti Kuri received few direct or indirect benefits from the Crown acquiring this land. The Crown acknowledges that it had purchased land in advance of settler demand and that there was little permanent settlement or development of infrastructure, such as roading to link the remainder of the Ngāti Kuri rohe to developing markets and settlements, in the following decades. Operation and impact of native land laws 5: The Crown acknowledges that— a: Ngāti Kuri traditionally held their land and resources under customary tenure where tribal and hapū collective ownership was paramount; and b: from 1865 the Crown imposed a new land tenure system, without consulting Ngāti Kuri, by giving rights to individuals and allowing for the conversion of aboriginal title to freehold title; and c: Ngāti Kuri did not consent to the diminution of the laws of their ancestors, but had little option but to operate within the Crown's new land laws. 6: The Crown further acknowledges that by 1875 the Native Land Court had vested 4 land blocks, totalling 78 000 acres, in 10 or fewer owners, and within a few years most of this land was in private ownership. The Crown acknowledges that— a: the Crown's failure to actively protect Ngāti Kuri's interests in land they may otherwise have wished to have retained in tribal ownership, by failing to provide an effective form of communal title before 1894, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi b: its individualisation of land title was inconsistent with Ngāti Kuri tikanga, made land more susceptible to partition and alienation, and led to the fragmentation of land ownership. This contributed to the erosion of the traditional tribal structures, mana, and rangatiratanga of Ngāti Kuri. The Crown's failure to protect those collective tribal structures had a prejudicial effect on Ngāti Kuri and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi Motuopao 7: The Crown acknowledges that— a: its assertion of ownership of Motuopao in 1875, as being surplus Crown lands, was premised on the island being part of the 1840 Muriwhenua transaction; and b: in 1871 the Crown abandoned any claim to ownership of the majority of lands within that transaction area; and c: in these circumstances, the Crown's assertion of ownership of Motuopao was particularly unjust and unreasonable, effectively a compulsory acquisition by the Crown without compensation, and a breach of te Tiriti o Waitangi/the Treaty of Waitangi 8: The Crown recognises Motuopao is an ancient burial place and wāhi tapu for Ngāti Kuri. The Crown's desecration of Motuopao through the building of a lighthouse in 1877 was a source of significant grievance that drew repeated protest from Ngāti Kuri leaders. Impact of nineteenth century land loss 9: The Crown acknowledges that Crown and private purchasing alienated Ngāti Kuri from over 70% of their ancestral land by 1880, disturbed Ngāti Kuri's traditional resource use and settlement patterns, and severely limited their economic opportunities. This left Ngāti Kuri whānau dependent on a precarious cash economy based around gum digging. Loss of control of Pārengarenga and Pākohu lands 10: The Crown acknowledges that— a: in 1896, on the application of a single individual, ownership of almost all the remaining customary land in the Ngāti Kuri rohe (the approximately 60 000-acre Pārengarenga and Pākohu blocks) was awarded by the Native Land Court to over 500 individuals; and b: the crippling cost of surveying the land for the court's process left those owners with substantial survey debts and at risk of losing the land; and c: the Crown's intervention in 1904 to stop the owners permanently losing the land resulted in the Crown-appointed Māori Land Board having complete authority over almost all Ngāti Kuri's remaining lands while the land was leased to private parties to pay the survey debt; and d: the survey debt was repaid by 1910 and its subsequent failure to return control of the land to the owners for more than 3 decades, despite repeated appeals from the owners for increased control over their land, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 11: The Crown acknowledges that,— a: under the administration of the Māori Land Board, Ngāti Kuri were largely reduced to living on 3 small reserves, totalling less than 2 000 acres; and b: neither absentee nor resident owners received any on-payment of the rent the Land Board accumulated from leasing their other lands; and c: when the Crown approved the Board using the accumulated funds to assist development of Te Kao lands, with the intention of assisting Te Hāpua later, this disparity of approach was a source of grievance for Ngāti Kuri and gave rise to tension with their whanaunga; and d: the Crown was slow to provide basic infrastructure for Ngāti Kuri's remaining lands. Ngāti Kuri's main papakāinga at Te Hāpua did not have a consistent water supply or all-weather road access for too long; and e: the lack of infrastructure, combined with poor housing, insufficient arable land, and restricted economic opportunities, left Ngāti Kuri extremely impoverished and suffering significant economic hardship; and f: Ngāti Kuri had little access to adequate healthcare over a prolonged period, when nearly a quarter of the children at Te Hāpua died before they reached the age of 5 and the community suffered malnutrition and diseases such as typhoid and tuberculosis; and g: living conditions at Te Hāpua were the subject of national concern and repeated Crown inquiries in the 1920s and 1930s, with Ngāti Kuri leaders appealing to the Crown to either purchase adjoining private land sufficient to sustain them or provide the development assistance to enable the development of the adjoining lands that remained under Land Board control; and h: at this time development assistance was available to other New Zealanders, including other Māori on Te Hiku peninsula, and the Crown's selectivity in providing assistance to others but not to Ngāti Kuri is a continuing grievance for the iwi; and i: it concluded that the lands were unsuitable for development and pursued a policy of encouraging Ngāti Kuri to leave Te Hāpua. 12: The Crown acknowledges that these policies and lack of economic opportunity led many whānau and working-age Ngāti Kuri to leave. The displacement of Ngāti Kuri people impeded inter-generational transfer of mātauranga (traditional knowledge) and contributed to a decline in the use of te reo Māori. Alienation from the land also impeded the ability of Ngāti Kuri to exercise their cultural responsibility to provide manaakitanga and exercise kaitiakitanga. 13: The Crown acknowledges that the people of Ngāti Kuri remained resilient in the face of these prejudicial circumstances and continued to work together to develop their land and economy to retain the iwi at Te Hāpua. Development schemes 14: The Crown also acknowledges that when it finally provided development assistance for the Pārengarenga lands in the 1950s— a: Ngāti Kuri were once again deprived of control of their land for decades while the land was under development; and b: the Māori Trustee actively pursued the purchase of individual shares from owners and, as a result, today the Māori Trustee retains a significant shareholding in the Pārengarenga incorporation. 15: The Crown acknowledges that it promoted legislation to empower the Māori Trustee to compulsorily acquire shareholdings it considered to be uneconomic from Māori owners. The Crown acknowledges that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 16: The Crown acknowledges that Ngāti Kuri still feel the legacy of nineteenth and twentieth century land laws, which resulted in many Ngāti Kuri being excluded from connection to their tribal lands. 17: The Crown acknowledges that many of those lands the people of Ngāti Kuri retain today are retained as individual shareholdings in incorporations, which hold land in a form of corporate, rather than tribal, title. This is inconsistent with, and does not adequately provide for or reflect, Ngāti Kuri tikanga. Impact on resource use 18: The Crown acknowledges that in the 1960s and 1970s it purchased several large blocks in the Ngāti Kuri rohe from private ownership and subsequently converted them to public reserves. This further restricted Ngāti Kuri use of and access to their mahinga kai and wāhi tapu. 19: The Crown acknowledges that in the 1960s it wished to establish the Spirits Bay public campground and pressured Ngāti Kuri to leave the Kapowairua papakāinga they had occupied for generations by fencing off their living areas. The Crown particularly acknowledges that the resulting eviction of Ngāti Kuri from Kapowairua caused great spiritual and emotional pain to Ngāti Kuri. 20: The Crown acknowledges— a: the importance to Ngāti Kuri of whenua, waterways, moana and maunga as part of their identity and as resources critical to their physical and cultural sustainability; and b: that land clearance and alienation has led to the destruction of important habitats for indigenous species of significance to Ngāti Kuri, such as pūpūharakeke; and c: that alienation from the land has restricted the ability of Ngāti Kuri to sustain and develop their own cultural knowledge or to exercise the protective authority of kaitiakitanga over many of those resources and taonga; and d: that Ngāti Kuri were not consulted when the Crown extended its control of natural resources to include minerals and that Ngāti Kuri remain aggrieved by the Crown's assumption of control. 21: The Crown acknowledges the harmful effects on Ngāti Kuri of a state education system that for too long did not value Māori cultural understandings, discouraged the use of te reo Māori, and generally held low expectations for Māori academic achievement. 22: The Crown acknowledges that, despite the Crown's failures to honour its obligations under te Tiriti o Waitangi/the Treaty of Waitangi 23: Today, most Ngāti Kuri live outside their traditional rohe. The Crown acknowledges that the cumulative effects of its actions and omissions left Ngāti Kuri without suitable and sufficient land for their present and future needs and that this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 24: The Crown acknowledges that over the generations to the present day its actions have undermined the basis of Ngāti Kuri society and autonomy and have not been consistent with the honour of the Crown. The Crown acknowledges that redress for Ngāti Kuri for these wrongs is long overdue. Ngā Whakaaetanga ā te karauna 1: E whakaae ana Te Karauna, i raro i te Tiriti ō Waitangi ko tāna mahi he tino tiaki i ngā rawa Māori, ki te whakapūmau hoki i te tino rangatiratanga ō te Māori. E whakaae ana Te Karauna kāore i tutuki i ā rātou ēnei kī taurangi. 2: E whakaae rawa ana te Karauna i hapa ia, i tōna kore i āta aro ki a Ngāti Kuri ā iwi nei, mē tōna hapa anō ki te whakamana mē te whakaae atu ki te rangatiratanga ō Ngāti Kuri, i noho ai hei whakamauāhara, ā, moroki noa nei. Ngā Whenua i Hokona e Te Karauna i mua i te tau 1865 3: E whakaae ana Te Karauna— a: i hē tana whakahāere i ngā whakaritenga e pā ana ki ngā pānga whenua, otirā i hapa Te Karauna i te mahuetanga i a ia ō Ngāti Kuri ki waho ō ngā whakaritenga ō te hoko ō te poraka Muriwhenua South 86 885 eka i te tau 1858; ā b: neke atu i te tahi toru ō te whenua ō Muriwhenua South nō Ngāti Kuri, arā ko te katoa ō te kūrae mai i te rāwhiti ki te uru. 100 eka ō te poraka i wehea ē Te Karauna ki te Māori, kāore hoki i whakarite tikanga kia kaua ai taua whenua rāhui e riro noa i a huhua; ā c: nā roto mai ō ēnei āhuatanga mē te tino aro kore ō Te Karauna, mā roto atu i ēnei mahi mē ōna hapa ki te āta tiaki i ngā pānga ō Ngāti Kuri, ka noho ēnei hei parahuhu i ngā mātāpono ō Te Tiriti ō Waitangi. 4: Waihoki, e whakaae ana Te Karauna e iti noa ana ngā hua, ngā painga rānei i taka mai ki ā Ngāti Kuri i te rironga ō ēnei whenua i Te Karauna. E whakaae ana Te Karauna i hokona ē ia ēnei whenua i mua noa anō i ngā tono ā tauiwi. Iti noa anō te noho tuturu, te hanga huarahi e hono atu ai te toenga o te rohe ō Ngāti Kuri ki ngā mākete mē ngā nohoanga pākehā, i ngā tau whai muri mai. Te mahi me te hua o Ngā Ture Whenua Māori 5: E whakaae ana Te Karauna— a: I mau tonu a Ngāti Kuri ki ōna whenua me ōna rauemi i raro i te tikanga Māori, arā ko tōna kaupapa mataamua nō te iwi, nō te hapū rānei te mana ki te whenua; ā b: mai i te 1865 ka whakanohoia e Te Karauna he tikanga whenua hou, kāore ia i āta kōrero ki a Ngāti Kuri, me te aha, ka hoatu tikanga ki te takitahi me te tuku i te whenua mai te mana taketake ki te kaupapa taitara herekore; ā c: Kore rawa a Ngāti Kuri i whakaae ki te whakarūhītanga o ngā tikanga ā ō rātou mātua tūpuna, otirā kāore he huarahi atu i te whai i ngā ture whenua hou a Te Karauna. 6: E whakaae ana anō hoki Te Karauna arā, tae rawa mai ki te tau 1875 kua oti kē i te Kooti Whenua Māori te tuku ō te tokowhā ō ngā poraka, hui katoa 78 000 eka ki ngā tāngata tekau, iti iho rānei, ā, i roto i ngā tau poto noa, ko te nuinga o tēnei whenua ka riro ki te āhuatanga tūmataiti. E whakaae ana Te Karauna— a: ki te hapa ā Te Karauna ki te tino tiaki i ngā pānga ō Ngāti Kuri i ngā whenua tērā pea e hiahia ai rātou ki a mau tikanga ā iwi tonu tōna āhua. Nā te kore i whakarite i tētahi tikanga āhuatanga Māori i mua i te 1894, ka noho tēnei hei hapa e pā ana ki ngā mātāpono ō te Tiriti ō Waitangi; ā b: ko tana whakatakitahitanga i te taitara whenua kore rawa i hāngai ki ngā tikanga ō Ngāti Kuri, otirā ka noho pānekeneke te āhua ō te whenua e taea noatia ai te kārawarawa, te hoko, ko tōna otinga atu ko te wāwāhitanga ō ngā tikanga Māori e pā ana ki te whenua. Nō konei ka kitea te whakangoikoretanga ō ngā tikanga ā iwi, te mana mē te rangatiratanga hoki ō Ngāti Kuri. Ko te hapa ā Te Karauna ki te tiaki i aua tikanga ā iwi kā tū hei whakararu i te noho ā Ngāti Kuri, ka mutu, he tino hapa rawa tēnei nō ngā mātāpono ō te Tiriti ō Waitangi. Motuopao 7: E whakaae ana Te Karauna— a: i tana kauhau whai take ki Motuōpao i te tau 1875, nā runga i te pōhēhē he wāhanga tērā moutere nō roto i ngā whiriwhiri e pā ana ki Muriwhenua i te tau 1840; ā b: i te tau 1871 ka unuhia e Te Karauna ana takunga ki tōna mana e pā ana ki ngā whenua i roto i taua rohe; ā c: nā roto mai i ērā āhuatanga, ki te kauhau ā Te Karauna ki tōna whai pānga ki Motuōpao, he mahi tūkino, he take kore, otirā he hao nā Te Karauna arā, he takahi, he hapa rānei i ngā mātāpono ō te Tiriti ō Waitangi. 8: E whakaae ana Te Karauna he urupā tahito, arā he wāhi tapu nō Ngāti Kuri a Motuōpao. Ko tētahi atu mōteatea nui ko te tūkinotanga o Motuōpao e Te Karauna i te hanganga i te whare tūrama i te tau 1877, i hua mai ai nga tohenga nui whakahē ā ngā rangatira ō Ngāti Kuri ki taua āhua. Ko ngā whakawhiu ō ngā rironga whenua ō te rau tau tekau mā iwa 9: E whakaae ana Te Karauna ko ngā hokohoko āna mē ērā ā te tangata tumataiti te take i wehea mai ai i a Ngāti Kuri i runga atu i te 70 ōrau o ō rātou whenua tūpuna tae noa ki te tau 1880. Nā konā ka whakararua ngā tikanga tuku iho tae atu hoki ki ō rātou kāinga taupua, ki ō rātou kāinga taupuni. I pā kaha te kore āheinga ō rātou kia whai oranga ai rātou. Ka noho ko te keri kāpia me tōna āhua pānekeneke te huarahi mahi moni ai mōna. Te rironga o te mana whakahāere i ngā whenua o Pārengarenga me Pākohu 10: E whakaae ana te Karauna— a: na runga i te tono ā te tangata kotahi i te tau 1896, ko te whai pānga tata ki te katoa o ngā whenua tupu i tō rātou rohe (ara tata ki te 60 000 eka o Pārengarenga mē Pākohu) i whakawhiwhia e te Kooti Whenua Māori ki ngā tāngata takitahi, neke atu i te rima rau katoa nei tō rātou tatauranga; ā b: ko te tino taimaha o te utu i te rūri o te whenua i raro i ngā whakatau ā te Kooti, ka noho hei pīkaunga mā te hunga whai pānga me te māharahara ka riro katoa atu hoki te whenua nā ngā nama nei; ā c: nā te uru mai ō Te Karauna i te tau 1904 hei kati i te ngarotanga tuturu katoa atu ō ō rātou whenua, ka whakatūria e Te Karauna ko te Māori Land Board (Te Poari Whenua Māori) kia noho hei mana whakahāere tata ki te katoa ō ngā pitopito whenua ō Ngāti Kuri. I rīhitia ngā whenua nei ki te hunga tūmataiti, kia taea ai te utu i ngā nama rūri; ā d: e whakaae ana anō Te Karauna i ea te nama rūri i te tau 1910, otirā e whakaae ana ki tōna taka hē ki te whakahoki i te mana whakahāere ō te whenua ki ngā ariki tūturu nuku atu i te toru tekau tau te takaroa, ahakoa ngā tono ngā īnoi ā ngā ariki kia tukua he wāhanga nui ake ki te whakahaere i ō rātou whenua ki a rātou, he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi. 11: E whakaae ana Te Karauna— a: arā i raro i ngā whakahāere ā Te Poari Whenua, ka whakawhāitingia kia noho a Ngāti Kuri ki ētahi rāhui iti e toru noa nei, arā, e 2 000 eka te rahi; ā b: kore rawa ngā hunga i noho i waho mē ēra i noho ki runga i te whenua i utua mō te reti i kohia e Te Poari Whenua nā runga i te rīhi i ētahi atu ō o rātou whenua; ā c: i te whakaaetanga ā Te Karauna kia riro mā te Poari e whakamahi ngā putea i kohia ai ki te whakawhanake i ngā whenua ō Te Kao, kō tētahi ō ōna kaupapa he āwhina i Te Hāpua. Nā te kore i pai, i tika hoki ō tēnei whakaaro, ka noho hei kaupapa moteatea mō Ngāti Kuri mē te ara ake anō ō te kirikawa i waenga i ā rātou me ō rātou whanaunga; ā d: i pōturi rawa Te Karauna ki te whakarite tikanga e pā ana ki te toenga ō ngā whenua ō Ngāti Kuri. Kāore he painga tuturu ō te puna wai mē te huarahi tōtika mō tētahi wā roa tonu i te papakāinga ō Ngāti Kuri i Te Hāpua; ā e: nā te kore tikanga tūturu, nā te paparewa ō ngā kāinga, nā te iti ō te whenua haumako, mē te pakeke ō te ara ki te oranga, ka mahue a Ngāti Kuri i roto i te tino pōharatanga i te tino pāhekeheke ō ngā āhuatanga ōhanga; ā f: he roa tonu te wā e iti noa ana te whai wāhi atu ō Ngāti Kuri ki ngā kaupapa hauora, nā konā ka kitea te matenga ō te hauwhā ō ngā tamariki i Te Hāpua i mua i te ekenga ki ngā tau e rima. I pā te ngau ō te mate kai mē ngā momo mate manauhea tae noa ki te taipō me te mate kohi; ā g: he kaupapa manawapā te āhua o te noho ā te tangata i Te Hāpua mā te motu whānui tae noa ki ngā uiui ā te Karauna i ngā tau o te 1920 me te 1930. I mātua īnoi ngā rangatira ō Ngāti Kuri ki Te Karauna kia hokona ngā whenua tūmataiti e rite ana hei oranga mō rātou. Ki te kore tērā, kia āwhinatia rātou ā pūtea ā tohutohu e taea ai te whakawhanake i ngā whenua āpiti e noho ana i raro i te whakahaere ā te Poari Whenua; ā h: i taua wā i whai wāhi atu ētahi atu tāngata o Aotearoa tae noa hoki ki ētahi Māori i Te Hiku ki ngā āwhina whakawhanake whenua. Kō te āwhina ā Te Karauna i ētahi atu ēngari kaua i ā Ngāti Kuri e noho tonu ana tēnei hei pāmamaetanga mā te iwi; ā i: e whakaae ana Te Karauna nōna te whakaaro ēhara kē aua whenua i te whenua haumako hei whakawhanaketanga, ka whai kē rātou i te huarahi whakahau kia whakarērea a Te Hāpua e Ngāti Kuri. 12: E whakaae ana Te Karauna nā ēnei kaupapa mē te kore ara tūturu ki te orangatanga mō Ngāti Kuri, he maha ngā whānau mē te hunga e āhei ana ki te mahi ō roto i ā Ngāti Kuri i wehewehe atu i o rātou whenua. Nā tēnei wehewehenga ō ngā whānau ō Ngāti Kuri ka pakeke, ka uaua te whakawhitiwhiti i tō rātou mātauranga Māori, nō konā ka tāmatemate hāere te āheinga ki te kōrero i Te Reo Māori. Kō ngā tikanga manaakitanga mē te whakaū i te kaupapa kaitiakitanga i waimāero nā te wehenga mai ō Ngāti Kuri i ōna whenua. 13: E whakaae ana Te Karauna, arā, ahakoa ngā āhuatanga whakararu i ā rātou, i noho tonu te iwi ō Ngāti Kuri i roto i tōna manawanui ki te mahi tahi ki te whakawhanake i tō rātou whenua me ōna kaupapa oha kia mau tonu ai tōna iwi ki Te Hāpua. Ngā kaupapa whakawhanake 14: E whakaae ana anō Te Karauna i ā ia ka whakaae ki te tuku āwhina whakawhanake mō ngā whenua ō Pārengarenga i ngā tau ō te 1950— a: Ka tangohia anō te mana whakahāere ō Ngāti Kuri i ō rātou whenua i te wā ō te whakawhanaketanga i ō rātou whenua; ā b: i tahuri te Katitiaki Māori ki te hokohoko i ngā hea o ia tangata, ā, i te otinga, tae noa mai ki tēnei rā he wāhanga nui tonu ō ngā hea ō te kaporeihana ō Pārengarenga kei roto i ō te Kaitiaki Māori ringaringa. 15: E whakaae ana Te Karauna i whakahaua e ia te whakatakoto ture kia āhei ai Te Kaitiaki Māori ki te tango noa i ngā pānga hea, e ai ki ā ia e noho hua kore ana, mai ngā ariki Māori. E whakaae ana Te Karauna he hapa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi, i pākaha ai ki ngā ariki ō ngā whenua o Pākohu me Pārengarenga. Ko te otinga iho i wehea motuhake ētahi ō Ngāti Kuri mai i tō rātou tūrangawaewae. 16: E whakaae ana Te Karauna kei te rongo tonu a Ngāti Kuri i ngā mamae i ngā kōhuki i whiua ki runga i a rātou e ngā ture o te rau tau rua tekau, otirā i wehea mai ai a Ngāti Kuri i ō rātou whenua tupu. 17: E whakaae ana Te Karauna ko te maha ō ngā whenua e mau tonu ana i te iwi ō Ngāti Kuri he hea takitahi kei ngā kaporeihana kaore kē i raro i te taitara iwi. Kāore tēnei i te hāngai, ā, e kore anō hoki e whai wāhi mai ana ki roto i ngā tikanga ō Ngāti Kuri. Ngā raru i pā ki te whakamahi i a rātou rauemi 18: E whakaae ana Te Karauna i ngā tau ō te 1960 me te 1970 i hokona e ia ētahi poraka whenua rahi i te rohe ō Ngāti Kuri mai i te tangata tūmataiti, ka tohua hei whenua rāhui tūmatanui. Na tērā mahi ka taparere te āhua e whai wāhi atu ai a Ngāti Kuri ki ō rātou mahinga kai, ki ō rātou wahi tapu. 19: E whakaae ana Te Karauna, i ngā tau ō te 1960 ko tōna hiahia ki te whakatū puni tūmatanui ka aruarutia a Ngāti Kuri kia wehe i te papakāinga o Kapowairua, he kāinga i nohoia ai e rātou i ngā whakatupuranga maha, arā ka taiepatia atu rātou ki waho i ō rātou papakāinga. E tino whakaae ana Te Karauna nā te pananga ō Ngāti Kuri mai i Kapowairua ka tau ki runga i ā rātou ko te wairua parure, ko te ngākau mamae kino. 20: E whakaae ana Te Karauna— a: ki te hiranga nui ki a Ngāti Kuri ō ngā whenua, ngā awa, te moana mē ngā maunga i roto i te whakaaro Māori ki ēnei mea katoa arā, “ko koe au, ko au koe.” Otirā, he rauemi ēnei e pā kaha ana ki te oranga tinana ki te oranga wairua ki tō rātou ahurea tikanga; ā b: ko te whakahorehore i te whenua i ōna kakahu ake, me te tauhoko hoki i aua whenua ka hua mai ko te haepapatanga i ngā wāhi ō ngā kararehe mē ngā ngārara i whakaaronui atu ai a Ngāti Kuri, arā pēnei me te pūpūharakeke; ā c: na te wehenga ō Ngāti Kuri i ō rātou whenua ka whāiti te āheinga ō Ngāti Kuri ki te whakawhanake i ō rātou mātauranga ahurea, ki te whakaū i te mana kaitiakitanga i runga i te maha ō ngā rauemi mē ngā tāonga; ā d: waihoki kāore Te Karauna i kōrero, i haere rānei ki te whakawhitiwhiti whakaaro mē Ngāti Kuri i te wā i whakawhānuitia ai e Te Karauna tōna mana kī ngā rauemi tae atu ki ngā manawa whenua, e noho pāmamae tonu nei a Ngāti Kuri i te rironga o te mana whakahāere ō ēnei mea i Te Karauna. 21: E whakaae ana Te Karauna ki ngā taimahatanga i whiua ē ia ki runga i ā Ngāti Kuri mā roto atu i ngā kura kāwanatanga, kāore nei aua momo kura i aro ki ngā tikanga ahurea Māori, kāore i āwhina ki te whakawhanake i Te Reo Māori me te aha, kāore hoki i whakapono ka taea e te Māori ngā mahi whai mātauranga. 22: E whakaae ana Te Karauna ahakoa ōna hapa ki te whakatutuki ki te whakatinana hoki i ngā whakahau ō Te Tiriti ō Waitangi, i rangatira tonu te kawe ā Ngāti Kuri i a rātou ā iwi nei, ā tangata Aotearoa hoki, tae noa anō ki te haere ki te tinei i te mura o te ahi i ngā pakanga nui, iti hoki o te aō. 23: Kei waho atu i tō rātou kāinga tuturu te nuinga o Ngāti Kuri e noho ana i ēnei rā. E whakaae ana Te Karauna nā roto atu i ōna hapa, i āna mahi hoki ka mahue a Ngāti Kuri i roto i te ahuatanga i uaua, i pakeke ai hoki ki a rātou kia whai oranga mō ēnei rā mē ngā rā kei te tū mai i mua i o rātou aroaro. He hapa rawa tēnei i ngā mātāpono ō Te Tiriti ō Waitangi. 24: E whakaae ana Te Karauna, i roto mai i ngā whakatupuranga tae noa mai ki ēnei rā, nā ōna mahi ka whakarūhi nuitia te ahurea me te mana o Ngāti Kuri, waihoki kāore i whai i te āhua rangatira e tika ana ma Te Karauna. E whakaae ana Te Karauna kua roa rawa te wā e tatari ana a Ngāti Kuri i te puretumu mo ēnei hapa. 10: Apology To nga uri o Ngāti Kuri, to the ancestors, those here today, and those who are yet to come, the Crown makes the following apology: 1: The Crown unreservedly apologises for its failure to appropriately recognise and respect the mana and rangatiratanga of Ngāti Kuri. This was unprincipled and has left Ngāti Kuri almost invisible as an iwi in the history of Te Hiku o Te Ika. 2: The Crown profoundly regrets its breaches of te Tiriti o Waitangi/the Treaty of Waitangi 3: These omissions restricted Ngāti Kuri's ability to act as kaitiaki over their taonga, wahi tapu, and whenua, and the compounding effects of successive flawed land laws progressively undermined their traditional tikanga and rangatiratanga. The Crown regrets the prejudice Ngāti Kuri have suffered as a result, including being marginalised on their ancestral lands, and a loss of tribal authority, social cohesion, traditional knowledge, and ability to develop economically. 4: The Crown unreservedly apologises for the cumulative effects of its ongoing actions and omissions, which contributed to Ngāti Kuri suffering significant population losses and left the people in poverty, poor housing, and deep distress over successive generations. 5: With this settlement the Crown seeks to atone for these acknowledged injustices and begin the process of reconciliation. The Crown intends, in the utmost good faith, from this point forward to begin a renewed and enduring relationship with Ngāti Kuri based on mutual trust, commitment, co-operation, and respect for te Tiriti o Waitangi/the Treaty of Waitangi Te Whakapāha ā Te Karauna Ki ngā uri ō Ngāti Kuri, ki ngā mātua tūpuna, ki a koutou kei konei i tēnei rā, ki ērā kāore anō kia whānau mai, ko ia tēnei ko te whakapāha ā Te Karauna: 1: E whakatakoto herekore ana Te Karauna i tōna whakapāha mō ōna hapa, mō tōna hē, ki te kore ōna i āta whakamana, whakarangatira hoki i a Ngāti Kuri. He āhuatanga mātāpono kore tēnei, waihoki ka noho a Ngāti Kuri ānō he kanohi kitea kore, 2: E hohonu rawa ana te pōuri ō Te Karauna mō āna takahitanga i ngā mātāpono ō Te Tiriti ō Waitangi, e noho nei hei mamaetanga mō Ngāti Kuri. E kaha whakapāha ana Te Karauna, kāore i rangatira tuturu āna mahi ki a Ngāti Kuri. 3: Na roto i ēnei hapa, kāore i taea e Ngāti Kuri te āta whakatutuki i tā te kaitiaki mahi i ngā tāonga, i ngā wāhi tapu me te whenua. Waihoki, ko te āki mai ā ngā ture whenua hē, ka tārehua hāeretia te mana o ō tikanga mē tōu rangatiratanga. E whakapāha ana Te Karauna i te whakahāweatanga i a Ngāti Kuri nā roto atu i te wehewehe mai i ā koutou i ō koutou whenua tupu, te takahi i te mana ō te iwi, te wehewehe tikanga, te wehewehe tangata, te ngaromanga ō te mātauranga Māori, me te whakapakeke i te huarahi hei whakawhanake ōhanga mō koutou. 4: E whakatakoto herekore ana Te Karauna i tōna whakapāha ki ngā huakore ō āna mahi me ōna hapa, i pākia kinotia ai a Ngāti Kuri, arā ko te ngaro tangata, ko te pōhara, ko ngā whare paea me te noho tino roa i roto i te kohuki. 5: Mā roto atu i tēnei whakataunga e whai ana Te Karauna i te huarahi hei whakatika i ōna hē, kua whakaae nei ia ki aua hē, otirā e taea ai inaianei te whai i te huarahi ō te whakatau hoahoa ō te whakakotahi anō i ngā whakaaro ō Ngāti Kuri mē Te Karauna. Ko te takune ō Te Karauna, i roto i te tino pono, mai tēnei wā, ko te waihanga i tētahi whakawhanaungatanga tūturu mē Ngāti Kuri ko tōna tūāpapa ko te ngākau kotahi, ko te whakamaunga pono, ko te tautoko, me te whakaute i Te Tiriti ō Waitangi me ōna mātāpono. Ka mahia tēnei i roto anō i te whakaaro kia tīmataria anō he whakawhanaungatanga hou, kaha hoki, ko tōna tūāpapa ko te kawe i te whakaaro rangatira me te whakaute. Interpretation provisions 11: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 12: Interpretation In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Aupouri Forest section 136 commercial redress property section 136 common marine and coastal area section 9(1) computer register a: has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 136 Crown forestry licence section 136 cultural redress property section 22 deed of settlement a: means the deed of settlement dated 7 February 2014 and entered into— i: by the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and ii: by Abbey Subritzky Brown, Kahuipani Petera, Whitiora Abraham, Sheridan Aroha Waitai, Tom Petricevich, Donna Marie Smith, Graeme Neho, Lillian Grace Karaka, Walter John Wells, Henri Jacques Burkhardt, and Charlie Kyle Sucich for and on behalf of Ngāti Kuri; and b: includes— i: the schedules of, and attachments to, the deed; and ii: any amendments to the deed, or to its schedules and attachments Director-General documents schedule effective date historical claims section 14 interest korowai subpart 3 LINZ local authority section 5(1) member of Ngāti Kuri section 13(1) NgāiTakoto Te Rūnanga o NgāiTakoto sections 12 13 Ngāti Kahu Ngāti Kahu governance entity Ngāti Kuri section 13 Ngāti Kuri area of interest area of interest Peninsula Block section 136 property redress schedule regional council Part 1 Registrar-General section 4 representative entity a: the trustees of Te Manawa O Ngāti Kuri Trust; and b: any person (including any trustee) acting for or on behalf of— i: the collective group referred to in section 13(1)(a) ii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) iii: 1 or more members of Ngāti Kuri reserve section 2(1) reserve property section 22 resource consent section 2(1) RFR subpart 4 RFR date RFR land balance RFR land exclusive RFR land shared RFR land section 152 RFR period section 152 settlement date statutory acknowledgement section 109 Te Aupouri Te Rūnanga Nui o Te Aupouri Trust sections 12 13 Te Hiku o Te Ika iwi a: means any or all of the following: i: Ngāti Kuri: ii: Te Aupouri: iii: NgāiTakoto: iv: Te Rarawa; and b: includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 4 Te Hiku o Te Ika iwi governance entities governance entities a: mean the governance entity of any or all of the following: i: Ngāti Kuri: ii: Te Aupouri: iii: NgāiTakoto: iv: Te Rarawa; and b: include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 4 Te Manawa O Ngāti Kuri Trust Te Manawa Te Rarawa Te Rūnanga o Te Rarawa sections 12 13 tikanga trustees of Te Manawa trustees 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: b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday: c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 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 13: Meaning of Ngāti Kuri 1: In this Act, Ngāti Kuri— a: means the collective group of individuals who are descended from 1 or more Ngāti Kuri tupuna; and b: includes those individuals; and c: includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following: i: Ngāti Kaha: ii: Te Kari: iii: Whakakohatu: iv: Ngāti Waiora: v: Te Mahoe: vi: Ngāti Murikahara: vii: Patukirikiri: viii: Ringamaui: ix: Pohotiare: x: Te Rori: xi: Patukohatu. 2: In this section and section 14 customary rights a: rights to occupy land; and b: rights in relation to the use of land or other natural or physical resources descended a: birth; or b: legal adoption; or c: Māori customary adoption in accordance with the tikanga of Ngāti Kuri Ngāti Kuri tupuna a: exercised customary rights by virtue of being descended from a primary tupuna of Ngāti Kuri; and b: exercised the customary rights predominantly in relation to the Ngāti Kuri area of interest at any time after 6 February 1840 primary tūpuna of Ngāti Kuri a: Pohurihanga of the waka Kurahaupo: b: Maieke. 14: Meaning of historical claims 1: In this Act, historical claims a: means the claims described in subsection (2) b: includes the claims described in subsection (3) c: does not include the claims described in subsection (4) 2: The historical claims are every claim that Ngāti Kuri or a representative entity had on or before the settlement date, or may have after the settlement date, and that— a: is founded on a right arising— i: from te Tiriti o Waitangi/the Treaty of Waitangi ii: under legislation; or iii: at common law (including aboriginal title or customary law); or iv: from a fiduciary duty; or v: otherwise; and b: arises from, or relates to, acts or omissions before 21 September 1992— i: by or on behalf of the Crown; or ii: by or under legislation. 3: The historical claims include— a: a claim to the Waitangi Tribunal that relates exclusively to Ngāti Kuri or a representative entity, including each of the following claims, to the extent that subsection (2) i: Wai 41 (Ngati Kuri lands claim): ii: Wai 633 (Ngati Kuri claim): iii: Wai 739 (Rewi Hongi Whanau Trust): iv: Wai 747 (Ngati Kuri Tribal Lands): v: Wai 916 (Parengarenga 6 and 7 blocks): vi: Wai 1692 (Whanau Hapu o Te Hāpua Ahikaa claim): vii: Wai 1867 (Ngati Kuri (Hoana Karekare) claim); and b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) i: Wai 22 (Muriwhenua Fisheries and SOE claim): ii: Wai 45 (Muriwhenua land): iii: Wai 150 (Allocation of Radio Frequencies claim): iv: Wai 160 (Guardianship Act claim): v: Wai 249 (Ngapuhi Nui Tonu claim): vi: Wai 262 (Indigenous Flora and Fauna and Cultural Intellectual Property claim): vii: Wai 292 (Te Kao Lands and Waterways claim): viii: Wai 861 (Tai Tokerau District Māori Council Lands): ix: Wai 1359 (Muriwhenua Land Blocks claim): x: Wai 1847 (Ngāti Kuri and Te Aupouri (Frances Brunton) claim): xi: Wai 1980 (Parengarenga 3G Block claim): xii: Wai 2000 (Harihona Whanau claim). 4: However, the historical claims do not include— a: a claim that a member of Ngāti Kuri, or a whānau, hapū, or group referred to in section 13(1)(c) b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a) 5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed 15: Settlement of historical claims final 1: The historical claims are settled. 2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. 3: Subsections (1) and (2) 4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of— a: the historical claims; or b: the deed of settlement; or c: this Part Parts 2 3 d: the redress provided under the deed of settlement or this Part Parts 2 3 5: Subsection (4) this Part Parts 2 3 Amendment to Treaty of Waitangi Act 1975 16: Amendment to Treaty of Waitangi Act 1975 1: This section amends the Treaty of Waitangi Act 1975 2: In Schedule 3 Ngāti Kuri Claims Settlement Act 2015 section 15(4) and (5) 2015-09-23 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply 17: Certain enactments do not apply 1: The enactments listed in subsection (2) a: to a cultural redress property; or b: to a commercial redress property; or c: to the exclusive RFR land or the shared RFR land on and from the RFR date for the land; or d: for the benefit of Ngāti Kuri or a representative entity. 2: The enactments are— a: Part 3 b: sections 568 to 570 c: Part 3 d: sections 27A to 27C e: sections 8A to 8HJ Section 17(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020 18: Resumptive memorials to be cancelled 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that— a: is all or part of— i: a cultural redress property: ii: a commercial redress property: iii: the RFR land; and b: is subject to a resumptive memorial recorded under any enactment listed in section 17(2) 2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after— a: the settlement date, for a cultural redress property or a commercial redress property; or b: the RFR date applying to— i: the exclusive RFR land: ii: the shared RFR land. 3: Each certificate must state that it is issued under this section. 4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must— a: register the certificate against each computer register identified in the certificate; and b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters 19: Limit on duration of trusts does not apply 1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 a: do not prescribe or restrict the period during which— i: Te Manawa O Ngāti Kuri Trust may exist in law; or ii: the trustees may hold or deal with property or income derived from property; and b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. 2: However, if the Te Manawa O Ngāti Kuri Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019 20: Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice. 21: Provisions of other Acts that have same effect If a provision in this Act has the same effect as a provision in 1 or more of the Te Aupouri Claims Settlement Act 2015 NgāiTakoto Claims Settlement Act 2015 Te Rarawa Claims Settlement Act 2015 2: Cultural redress for Ngāti Kuri 1: Vesting of cultural redress properties 22: Interpretation In this subpart,— cultural redress property Schedule 1 Properties vested in fee simple a: Murimotu Island: b: The Pines Block: c: Te Hāpua School site B: d: Tirirangi Urupā: Properties vested in fee simple subject to conservation covenant e: Mokaikai Pā: f: Wairoa Pā: g: Wharekawa Pā: Properties vested in fee simple to be administered as reserves h: Kapowairua: i: Mokaikai: j: Te Raumanuka: k: Te Rerenga Wairua: l: Mai i Waikanae ki Waikoropūpūnoa ( Beach site A m: Mai i Hukatere ki Waimahuru ( Beach site B n: Mai i Ngāpae ki Waimoho ( Beach site C o: Mai i Waimimiha ki Ngāpae ( Beach site D Lake and lakebed properties vested in fee simple p: bed of Lake Ngākeketo: q: Waihopo Lake property joint management body section 55 jointly vested property paragraphs (a) and (l) to (q) lake a: the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and b: the airspace above the water; and c: the bed below the water reserve property paragraphs (h) to (o) Properties vested in fee simple 23: Murimotu Island 1: The part of Murimotu Island that is a conservation area under the Conservation Act 1987 2: The fee simple estate in the part of Murimotu Island that is not a conservation area (and is not the part of Murimotu Island freed of its status as a conservation area under subsection (1) Land Act 1948 3: The fee simple estate in Murimotu Island vests as undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 24 4: Subsections (1) to (3) subsection (3) 5: The Murimoto Island lease is not a subdivision for the purposes of section 218(1)(a)(iii) 6: Improvements in or on Murimotu Island do not vest in the trustees, despite the vestings referred to in subsection (3) 24: The Pines Block 1: The reservation of the Pines Block (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in the Pines Block vests in the trustees. 3: Subsections (1) and (2) 25: Te Hāpua School site B 1: This section applies subject to section 26 2: The fee simple estate in Te Hāpua School site B (being Te Hapua School site B) vests in the trustees. 3: Subsection (2) a: the trustees have provided the Crown with a registrable lease in relation to Te Hāpua School site B on the terms and conditions set out in part 6.1 of the documents schedule; and b: registrable easements, if any, required by clause 8.5 of the deed of settlement have been entered into. 26: Vesting and alternative description of Te Hāpua School site B in specified circumstances 1: In this section, Te Hāpua School House site A B C 2: If the board section 25(2) and (3)(a) Part 2 3: However, if the board section 25(2) and (3) Part 1 Section 26(2) amended 1 August 2020 section 668 Education and Training Act 2020 Section 26(3) amended 1 August 2020 section 668 Education and Training Act 2020 27: Tirirangi Urupā 1: The reservation of the Tirirangi Urupā (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in the Tirirangi Urupā vests in the trustees. 3: Subsections (1) and (2) Properties vested in fee simple subject to conservation covenant 28: Mokaikai Pā 1: The reservation of Mokaikai Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in Mokaikai Pā vests in the trustees. 3: Subsections (1) and (2) 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 29: Wairoa Pā 1: The reservation of Wairoa Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in Wairoa Pā vests in the trustees. 3: Subsections (1) and (2) 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 30: Wharekawa Pā 1: The reservation of Wharekawa Pā (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in Wharekawa Pā vests in the trustees. 3: Subsections (1) and (2) 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 Properties vested in fee simple to be administered as reserves 31: Kapowairua 1: The reservation of Kapowairua (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Kapowairua vests in the trustees. 3: The parts of Kapowairua that are Sections 15, 16, 19, 20, and 21 SO 469373 are declared a reserve and classified as a recreation reserve subject to section 17 4: The reserve referred to in subsection (3) 5: The part of Kapowairua that is Section 17 SO 469373 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 6: The reserve referred to in subsection (5) 7: Subsections (1) to (6) a: a registrable right of way easement in gross on the terms and conditions set out in part 5.12 of the documents schedule; and b: a registrable easement for a right to convey water on the terms and conditions set out in part 5.18 of the documents schedule. 8: Despite the provisions of the Reserves Act 1977 a: are enforceable in accordance with their terms; and b: are to be treated as having been granted in accordance with the Reserves Act 1977 32: Mokaikai 1: The reservation of Mokaikai (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in Mokaikai vests in the trustees. 3: Mokaikai is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(a) 4: The reserve is named Takapaukura Scenic Reserve. 5: The Minister of Conservation must provide the trustees with a registrable right of way easement on the terms and conditions set out in part 5.17 of the documents schedule. 6: The easement required by subsection (5) a: is enforceable in accordance with its terms, despite Part 3B b: is to be treated as having been granted in accordance with Part 3B c: is registrable under section 17ZA(2) 7: Subsections (1) to (6) 8: Despite the provisions of the Reserves Act 1977 subsection (5) a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 33: Te Raumanuka 1: Te Raumanuka ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Te Raumanuka vests in the trustees. 3: Te Raumanuka is declared a reserve and classified as a historic reserve subject to section 18 4: The reserve is named Te Raumanuka Historic Reserve. 5: Subsections (1) to (4) 6: Despite the provisions of the Reserves Act 1977 a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 34: Te Rerenga Wairua 1: The reservation of part of Te Rerenga Wairua (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Te Rerenga Wairua vests in the trustees. 3: Te Rerenga Wairua is declared a reserve and classified as a historic reserve subject to section 18 4: The reserve is named Te Rerenga Wairua Historic Reserve. 5: Subsections (1) to (4) a: a registrable right of way easement in gross in favour of the Minister of Conservation on the terms and conditions set out in part 5.14 of the documents schedule; and b: a registrable right of way easement in gross in favour of Maritime New Zealand on the terms and conditions set out in part 5.13 of the documents schedule; and c: a registrable lease to Maritime New Zealand on the terms and conditions set out in part 6.3 of the documents schedule. 6: Despite the provisions of the Reserves Act 1977 subsection (5) a: are enforceable in accordance with their terms; and b: are to be treated as having been granted in accordance with the Reserves Act 1977 7: Improvements in or on Te Rerenga Wairua do not vest in the trustees, despite the vesting referred to in subsection (2) 8: The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Rerenga Wairua. 9: The Registrar-General must note the effect of subsection (8) 35: Mai i Waikanae ki Waikoropūpūnoa 1: Any part of Beach site A that is a conservation area under the Conservation Act 1987 2: Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 35 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 26 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 46 4: Beach site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve. 6: The joint management body established by section 55 Reserves Act 1977 section 26 7: Subsection (6) section 56 36: Mai i Hukatere ki Waimahuru 1: Any part of Beach site B that is a conservation area under the Conservation Act 1987 2: Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 36 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 27 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 47 4: Beach site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve. 6: The joint management body established by section 55 Reserves Act 1977 section 26 7: Subsection (6) section 56 37: Mai i Ngāpae ki Waimoho 1: Any part of Beach site C that is a conservation area under the Conservation Act 1987 2: Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 37 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 28 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 48 4: Beach site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve. 6: The joint management body established by section 55 Reserves Act 1977 section 26 7: Subsection (6) section 56 38: Mai i Waimimiha ki Ngāpae 1: Beach site D ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 38 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 29 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 49 3: Beach site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve. 5: The joint management body established by section 55 Reserves Act 1977 section 26 6: Subsection (5) section 56 39: Application of Crown forestry licence 1: Subsection (2) 2: As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite— a: the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977 b: administration of the site by the joint management body established under section 55 3: Subsection (4) 4: The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block. 5: Despite the provisions of the Reserves Act 1977 subsection (4) a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 6: The permission of a council under section 348 subsection (4) Lake and lakebed properties vested in fee simple 40: Bed of Lake Ngākeketo 1: The reservation of the bed of Lake Ngākeketo (the recorded name of which is Lake Ngakeketa, being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in the bed of Lake Ngākeketo vests as undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 41 3: Subsections (1) and (2) subsection (2) 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 5: The bed of Lake Ngākeketo is not rateable under the Local Government (Rating) Act 2002 section 9 6: To avoid doubt, the vesting under subsection (2) a: the waters of the lake; or b: the aquatic life of the lake (other than plants attached to the bed of the lake). 7: To the extent that the bed of Lake Ngākeketo has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 8: In this section, recorded name section 4 41: Lake Ngākeketo Recreation Reserve 1: The Crown stratum above the bed of Lake Ngākeketo continues to be a reserve and continues to be classified as a recreation reserve subject to section 17 2: The reserve is named Lake Ngākeketo Recreation Reserve. 3: In this section, Crown stratum a: the water of the lake; and b: the air above the water. 42: Waihopo Lake property 1: The fee simple estate in the Waihopo Lake property vests as undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 42 2: The Waihopo Lake property is not rateable under the Local Government (Rating) Act 2002 section 9 3: To the extent that the Waihopo Lake property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 43: Conditions applying to use of Waihopo Lake property 1: The vesting of the Waihopo Lake property by section 42(1) 2: Members of the public may carry out any lawful recreational activities in or on Waihopo Lake without interference by or on behalf of the trustees. 3: In this section, recreational activity a: includes swimming, boating, waterskiing, fishing, and duck shooting; but b: does not include an activity— i: that is lawful under any enactment or that must be carried out in accordance with an enactment; or ii: for which members of the public are required by or under any enactment to hold a licence or permit authorising the activity, unless the activity is carried out under and in accordance with the necessary licence or permit; or iii: that involves attaching a fixture to the Waihopo Lake property or that carries a risk of significant adverse effect to the lake. 4: To avoid doubt, the vesting of the Waihopo Lake property does not give any rights to, or impose any obligations on, the trustees in relation to— a: the waters of Waihopo Lake; or b: the aquatic life of the lake (other than plants attached to the bed of the lake). General provisions applying to vesting of cultural redress properties 44: Properties vest subject to or together with interests Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 1 45: Interests in land for certain reserve properties 1: This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it. 2: This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 reserve land 3: If the reserve property is affected by an interest in land listed for the property in Schedule 1 a: the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but b: the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence. 4: For the purposes of registering any interest in land that affects the reserve land,— a: if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest: b: if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land. 5: Subsections (3) and (4) section 56 46: Interests that are not interests in land 1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 1 2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property. 3: The interest applies— a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and b: with any other necessary modifications; and c: despite any change in status of the land in the property. 47: Vesting of share of fee simple estate in property In sections 48 to 51 48: Registration of ownership 1: This section applies to a cultural redress property vested in the trustees under this subpart. 2: Subsection (3) 3: The Registrar-General must, on written application by an authorised person,— a: register the trustees as the proprietors of the fee simple estate in the property; and b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 8 of the deed of settlement. 4: Subsection (5) subsection (2) 5: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 6: Subsection (7) 7: The Registrar-General must, in accordance with a written application by an authorised person,— a: create 2 computer freehold registers for the fee simple estate in the property in the names of the trustees; and b: enter on the relevant computer freehold registers any interests that are registered, notified, or notifiable and that are described in the application. 8: For a jointly vested property, the Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the applications. 9: Subsections (5) to (8) 10: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than— a: 24 months after the settlement date; or b: any later date that may be agreed in writing,— i: in the case of a property that is not jointly vested, by the Crown and the trustees; or ii: in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested. 11: In this section, authorised person a: the chief executive of LINZ, for the Waihopo Lake property: b: the Secretary for Education, for Te Hāpua School site B: c: the Secretary for Justice, for the following properties: i: Murimotu Island: ii: Te Rerenga Wairua: iii: Mai i Waikanae ki Waikoropūpūnoa: iv: Mai i Hukatere ki Waimahuru: v: Mai i Ngāpae ki Waimoho: d: the Director-General, for all other cultural redress properties. 49: Application of Part 4A of Conservation Act 1987 1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 2: Section 24 3: Part 4A a: bed of Lake Ngākeketo; or b: Waihopo Lake property. 4: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 5: Subsections (2) and (4) subsection (1) 50: Matters to be recorded on computer freehold register 1: The Registrar-General must record on the computer freehold register,— a: for a reserve property (other than a jointly vested property),— i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 49(4) 56 b: for a jointly vested reserve property to which section 48(7) i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 45(4) 49(4) 56 c: for each of the following properties, that Part 4A i: bed of Lake Ngākeketo; and ii: Waihopo Lake property; and d: for any other cultural redress property, that the land is subject to Part 4A 2: A notification made under subsection (1) Part 4A section 24D(1) 3: For a reserve property (other than a jointly vested property), if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to sections 49(4) 56 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) 4: For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register created under section 48 i: section 24 ii: the property is subject to sections 45(4) 49(4) 56 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) section 48 5: The Registrar-General must comply with applications received in accordance with subsection (3)(a) or (4)(a) 51: Application of other enactments 1: The vesting of the fee simple estate in a cultural redress property under this subpart does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 2: The permission of a council under section 348 3: Sections 24 25 4: Section 11 Part 10 a: the vesting of the fee simple estate in a cultural redress property under this subpart; or b: any matter incidental to, or required for the purpose of, the vesting. 52: Minister of Conservation may grant easements 1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a cultural redress property. 2: Any such easement is— a: enforceable in accordance with its terms, despite Part 3B b: to be treated as having been granted in accordance with Part 3B c: registrable under section 17ZA(2) 53: Names of Crown protected areas discontinued 1: Subsection (2) 2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly. 3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties 54: Application of other enactments to reserve properties 1: The trustees are the administering body of a reserve property, except as provided for in sections 35 to 38 2: Sections 78(1)(a) 79 to 81 88 3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2) 4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 5: A reserve property must not have a name assigned to it or have its name changed under section 16(10) 55: Joint management body for Beach sites A, B, C, and D 1: A joint management body is established for Beach sites A, B, C, and D. 2: The following are appointers for the purposes of this section: a: the trustees; and b: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and c: the trustees of Te Rūnanga o NgāiTakoto; and d: the trustees of Te Rūnanga o Te Rarawa. 3: Each appointer may appoint 2 members to the joint management body. 4: A member is appointed only if the appointer gives written notice with the following details to the other appointers: a: the full name, address, and other contact details of the member; and b: the date on which the appointment takes effect, which must be no earlier than the date of the notice. 5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment. 6: A member may be appointed, reappointed, or discharged at the discretion of the appointer. 7: Sections 32 to 34 section 30 8: However, the first meeting of the body must be held not later than 2 months after the settlement date. 9: Section 41 10: A failure of an appointer to comply with subsection (4) 56: Subsequent transfer of reserve land 1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977 2: The fee simple estate in the reserve land in a jointly vested property may be transferred only in accordance with section 58 3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 57 58 4: In this section and sections 57 to 59 reserve land subsection (1) 57: Transfer of reserve land to new administering body 1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners 2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to— a: comply with the requirements of the Reserves Act 1977 b: perform the duties of an administering body under that Act. 3: The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land. 4: The required documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the reserve land; and c: any other document required for the registration of the transfer instrument. 5: The new owners, from the time of their registration under this section,— a: are the administering body of the reserve land; and b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer. 6: A transfer that complies with this section need not comply with any other requirements. 58: Transfer of reserve land to trustees of existing administering body if trustees change The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if— a: the transferors of the reserve land are or were the trustees of a trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b) 59: Reserve land not to be mortgaged The owners of reserve land must not mortgage, or give a security interest in, the reserve land. 60: Saving of bylaws, etc, in relation to reserve properties 1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977 2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977 2: Te Oneroa-a-Tohe redress Interpretation 61: Interpretation In this subpart and Schedule 2 accredited section 2(1) appointers section 65(1) or (2)(c) and (d) beach management agencies beach management plan section 73 Beach sites A, B, C, and D paragraphs (l) to (o) section 22 Central and South Conservation Areas and Ninety Mile Beach marginal strip commissioners section 70 Community Board section 19R sections 19H 19J Council Councils iwi appointer a: means a governance entity referred to in section 65(1)(a) to (d) b: if section 65(2) local government legislation a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 2002 c: the Local Government Act 1974 d: the Local Government Official Information and Meetings Act 1987 marine and coastal area section 9(1) panel section 70 RMA planning document a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA b: includes a proposed plan within the meaning of section 43AAC Te Oneroa-a-Tohe Board Board section 63(1) Te Oneroa-a-Tohe management area a: the marine and coastal area; and b: Beach sites A, B, C, and D vested under subpart 1 c: the Central and South Conservation Areas and Ninety Mile Beach marginal strip (to the extent that section 62 d: any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b) i: the Board; and ii: the owner or administrator of the land Te Oneroa-a-Tohe redress Removal of conservation area status 62: Status of Central and South Conservation Areas and Ninety Mile Beach marginal strip Any part of the Central and South Conservation Areas and Ninety Mile Beach marginal strip that is situated below the mark of mean high-water springs— a: ceases to be a conservation area under the Conservation Act 1987 b: is part of the common marine and coastal area. Establishment, status, purpose, and membership of Board 63: Establishment and status of Board 1: The Te Oneroa-a-Tohe Board is established as a statutory body. 2: Despite Schedule 7 a: is a permanent committee; and b: must not be discharged without the agreement of all the appointers. 3: Despite the membership of the Board provided for by section 65 clause 30(1)(b) 4: Each member of the Board must— a: act in a manner that will achieve the purpose of the Board; and b: without limiting paragraph (a) 5: Part 1 64: Purpose of Board The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations. 65: Appointment of members of Board 1: The Board consists of 8 members appointed as follows: a: 1 member appointed by the trustees: b: 1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri Trust: c: 1 member appointed by the trustees of Te Rūnanga o NgāiTakoto: d: 1 member appointed by the trustees of Te Rūnanga o Te Rarawa: e: 2 members appointed by the Northland Regional Council, being councillors holding office: f: 2 members appointed by the Far North District Council, being the mayor and a councillor holding office. 2: If the Minister gives notice under section 66(4) a: 4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d) b: 1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and c: 4 members appointed as provided for in subsection (1)(e) and (f) d: 1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board). 3: An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 4: The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 5: If the person appointed by the Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4) 6: Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board. 7: Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board. 66: Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 1: On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis. 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) 3: The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1) 4: If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2) a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the iwi appointers referred to in section 65(1)(a) to (d) 5: If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 6: The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 7: In this section, Minister Functions and powers of Board 67: Functions and powers of Board 1: The primary function of the Board is to achieve the purpose of the Board. 2: In achieving the purpose of the Board, the Board must operate in a manner that— a: is consistent with tikanga Māori; and b: acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and c: acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles. 3: In addition to the primary function of the Board, its other functions are— a: to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to— i: Te Hiku o Te Ika iwi; and ii: the Councils; and iii: any relevant beach management agencies; and c: to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and d: to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and e: to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and f: to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and g: to engage and work collaboratively with the joint management body established under section 55 h: to take any other action that the Board considers is appropriate for achieving the purpose of the Board. 4: The Board may determine, in any particular circumstance,— a: whether to perform the functions identified in subsection (3)(b) to (h) b: how, and to what extent, to perform any of those functions. 5: The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with— a: this subpart; and b: subject to paragraph (a) 68: Power of Board to make requests to beach management agencies 1: The Board may make a reasonable request in writing to a relevant beach management agency for the provision of— a: information or advice to the Board on matters relevant to the Board's functions; and b: a representative of the agency to attend a meeting of the Board. 2: The Board must— a: give notice to a beach management agency under subsection (1)(b) b: provide an agenda for the meeting with the request. 3: If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must— a: provide the information or advice; and b: comply with a request made under subsection (1)(b) 4: In addition, the Board may request any other person or entity to— a: provide specified information to the Board: b: attend a meeting of the Board. Resource consent applications 69: Criteria for appointment of commissioners 1: Te Hiku o Te Ika iwi and the Councils must— a: develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991 b: in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area. 2: The duties under subsection (1) 3: The Board must keep the list of commissioners under review and up to date. 70: Procedure for appointing hearing panel 1: If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention. 2: Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 65 66 section 69(1)(b) 3: The members of the Board appointed by the Council to which the resource consent application is made must appoint— a: up to half of the members of the panel from the list of commissioners compiled under section 69(1)(b) b: 1 of the commissioners appointed to the panel to be the chairperson of the panel. 4: The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3) 5: If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2) subsection (2) 71: Obligation of Councils Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate— a: wholly or in part to the Te Oneroa-a-Tohe management area; or b: to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area. 72: Obligation of Board The Board must provide guidelines to the Councils as to the information that is required under section 71 a: whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and b: whether there are certain types of applications that the Board does not require. Beach management plan 73: Preparation and approval of beach management plan 1: The Board must prepare and approve a beach management plan as required by section 67(3)(a) Part 2 2: However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D. 3: The members of the Board appointed by the iwi appointers and referred to in section 65(1)(a) to (d) 74: Purpose and contents of beach management plan 1: The purpose of the beach management plan is to— a: identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and c: express the Board's aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters ( priority matters i: protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and ii: recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and iii: recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area. 2: The part of the beach management plan that relates to Beach sites A, B, C, and D— a: must provide for the matters set out in section 41(3) b: is deemed to be a management plan for the purposes of that provision. 3: The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan. Effect of beach management plan on specified planning documents 75: Effect of beach management plan on RMA planning documents 1: Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 74(1)(a) 2: When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) 3: The obligations under this section apply only to the extent that— a: the contents of the beach management plan relate to the resource management issues of the district or region; and b: those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991 4: This section does not limit the provisions of Part 5 Schedule 1 76: Effect of beach management plan on conservation documents 1: Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3 section 74(1)(a) 2: The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A subsection (1) 3: The obligations under this section apply only to the extent that— a: the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and b: those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987. 4: This section does not limit the provisions of Part 3A 77: Effect of beach management plan on local government decision making The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002 Application of other Acts 78: Application of other Acts to Board 1: To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2 a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 1974 c: the Local Government Act 2002 d: the Local Government Official Information and Meetings Act 1987 2: Clause 31(1) 3: Clauses 23(3)(b) 24 26(3) and (4) 27 30(2), (3), (5), and (7) 31(2) and (6) 4: Clauses 19 20 22 a: the references to a local authority being read as references to the Board; and b: the reference in clause 19(5) 5: To the extent that the rest of Schedule 7 a: a local authority being read as references to the Board; and b: a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 65 3: Korowai 79: Interpretation In this subpart and Schedule 3 Conservation Authority Authority section 6A conservation land conservation legislation Conservation Act 1987 Schedule 1 conservation protected area a: a conservation area under the Conservation Act 1987 b: a reserve administered by the Department of Conservation under the Reserves Act 1977 c: a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953 contact person customary materials plan section 105 Part 3 customary taking dead protected animal a: means the dead body or part of the dead body of an animal protected under the conservation legislation; but b: does not include the body or part of the body of a dead marine mammal draft document CMS section 88 korowai area a: means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 6 of the deed of settlement; and b: includes— i: any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and ii: if the conservation legislation applies to land or resources not within the area specified in paragraph (a) iii: the common marine and coastal area adjacent to the land referred to in paragraph (a) Minister Ngāti Kahu area of interest section 84 nominator a: means an entity with responsibility for nominating a member of the Conservation Board under section 83(1)(a) b: if section 83(2) paragraph (b) Northland CMS a: the Te Hiku CMS described in section 85(a) b: the CMS described in section 85(b) parties a: Te Hiku o Te Ika iwi acting collectively through their representatives; and b: the Director-General plant section 2(1) plant material relationship agreement representatives a: the Te Hiku CMS; and b: the customary materials plan; and c: the relationship agreement Te Hiku o Te Ika Conservation Board Conservation Board section 81 Te Hiku o Te Ika conservation management strategy Te Hiku CMS Te Rerenga Wairua Reserve wāhi tapu framework section 106 wāhi tapu management plan Part 4 Overview of, and background to, korowai redress 80: Overview and background 1: The provisions of this subpart, Schedule 3 a: the Te Hiku o Te Ika Conservation Board; and b: the Te Hiku o Te Ika conservation management strategy; and c: a customary materials plan, wāhi tapu framework, and relationship agreement. 2: Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles: Relationship principles a: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi b: respecting the autonomy of each party and its individual mandate, role, and responsibility: c: actively working together using shared knowledge and expertise: d: co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability: e: engaging early on issues of known interest to any of the parties: f: enabling and supporting the use of te reo Māori and tikanga Māori: g: acknowledging that the parties' relationship is evolving: Conservation principles h: promoting and supporting conservation values: i: ensuring public access to conservation land: j: acknowledging the Kaupapa Tuku Iho ( inherited values k: supporting a conservation ethos by— i: integrating an indigenous perspective; and ii: enhancing a national identity: l: recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management: m: recognising the full range of public interests in conservation land and taonga. Te Hiku o Te Ika Conservation Board established 81: Establishment of Te Hiku o Te Ika Conservation Board 1: Te Hiku o Te Ika Conservation Board is established and is to be treated as established under section 6L(1) 2: On and from the settlement date, the Conservation Board established by this section— a: is a Conservation Board under the Conservation Act 1987 b: must carry out, in the korowai area, the functions specified in section 6M c: has the powers conferred by section 6N 3: In this subpart, the Conservation Act 1987 applies to the Conservation Board unless, and to the extent that, clause 2 82: Role and jurisdiction of Northland Conservation Board to cease On and from the settlement date, the Northland Conservation Board set up under Part 2A Constitution of Te Hiku o Te Ika Conservation Board 83: Appointment of members of Te Hiku o Te Ika Conservation Board 1: The Te Hiku o Te Ika Conservation Board consists of— a: 4 members appointed by the Minister of Conservation as follows: i: 1 member, on the nomination of the trustees; and ii: 1 member, on the nomination of the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and iii: 1 member, on the nomination of the trustees of Te Rūnanga o NgāiTakoto; and iv: 1 member, on the nomination of the trustees of Te Rūnanga o Te Rarawa; and b: 4 members appointed by the Minister. 2: If the Ministers give notice under section 84(3) section 84 a: 4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)(a) b: 1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and c: 5 members appointed by the Minister. 3: Further provisions concerning the Conservation Board are set out in Part 1 84: Interim participation of Ngāti Kahu on Conservation Board 1: On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate on the Conservation Board on an interim basis, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and b: that must apply to the continuing participation of Ngāti Kahu, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest. 3: If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice, stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the nominators referred to in section 83(1)(a) 4: If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 5: The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 6: In this section, Ngāti Kahu area of interest a: the Ngāti Kahu Agreement in Principle dated 17 September 2008; and b: the Te Hiku Agreement in Principle dated 16 January 2010. Conservation management strategy 85: Northland CMS The Northland CMS consists of— a: one part, to be known as the Te Hiku CMS,— i: prepared in accordance with this subpart; and ii: applying to the korowai area in accordance with section 95 b: one part— i: prepared by the Northland Conservation Board under the Conservation Act 1987 ii: applying in any part of Northland where the Te Hiku CMS does not apply. 86: Status, effect, and certain contents of Te Hiku CMS 1: The Te Hiku CMS— a: is a conservation management strategy for the purposes of section 17D b: has the same effect as if it were a conservation management strategy prepared and approved under that Act. 2: Sections 17E(8) 17F 17H 17I Conservation Act 1987 3: The Te Hiku CMS must— a: refer to the wāhi tapu framework required by section 106 b: reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and c: reflect the importance of those wāhi tapu being protected; and d: acknowledge the role of the wāhi tapu management plan. Preparation of draft Te Hiku CMS 87: Preliminary agreement 1: Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan. 2: The plan must set out— a: the principal matters to be included in the draft document; and b: the manner in which those matters are to be dealt with; and c: the practical steps that the parties will take to prepare and seek approval for the draft document. 88: Draft document to be prepared 1: Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with— a: the Conservation Board; and b: any other persons or organisations that the parties agree are appropriate. 2: The parties may agree a later date to commence preparation of the draft document. 3: In addition to the matters prescribed for a conservation management strategy by section 17D section 86(3) 89: Notification of draft document 1: As soon as practicable after the date on which preparation of the draft document commences under section 88 a: notify the draft document in accordance with section 49(1) b: give notice of the draft document to the relevant local authorities. 2: The notice must— a: state that the draft document is available for inspection at the places and times specified in the notice; and b: invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice. 3: The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document. 4: The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate. 90: Submissions 1: Any person may, before the date specified in the notice given under section 89(2)(b) 2: The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission. 91: Hearing 1: Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of— a: Te Hiku o Te Ika iwi; and b: the Director-General; and c: the Conservation Board. 2: The representatives referred to in subsection (1) section 89(4) 3: The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 89(2)(b) 4: After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 89(4) 92: Revision of draft document The parties must, after considering the submissions heard and other views received under section 89(4) a: revise the draft document as they consider appropriate; and b: not later than 6 months after all submissions have been heard, provide to the Conservation Board— i: the draft document as revised; and ii: the summary of submissions prepared under section 91(4) Approval process 93: Submission of draft document to Conservation Authority 1: After considering the draft document and the summary of submissions provided under section 92 a: may request the parties to further revise the draft document; and b: must submit the draft document to the Conservation Authority for its approval, together with— i: a written statement of any matters on which the parties and the Conservation Board are not able to agree; and ii: a copy of the summary of the submissions. 2: The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date. 94: Approval of Te Hiku CMS 1: The Conservation Authority— a: must consider the draft document and any relevant information provided to it under section 93(1)(b) b: may consult any person or organisation that it considers appropriate, including— i: the parties; and ii: the Conservation Board. 2: After considering the draft document and that information, the Conservation Authority must— a: make any amendments to the draft document that it considers necessary; and b: provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi. 3: Te Hiku o Te Ika iwi and the Minister jointly must— a: consider the draft document provided under subsection (2)(b) b: return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate. 4: The Conservation Authority, after having regard to any recommendations, must— a: make any amendments that it considers appropriate and approve the draft document; or b: return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3) 95: Effect of approval of Te Hiku CMS On and from the day that the draft document is approved under section 94 a: the Te Hiku CMS applies, with any necessary modification, in the korowai area; and b: the part of the Northland CMS described in section 85(b) Review and amendment of Te Hiku CMS 96: Review procedure 1: The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board. 2: Every review must be carried out in accordance with the process set out in sections 87 to 94 3: The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 94 97: Review in relation to Ngāti Kahu area of interest 1: If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 96 2: Subsection (1) 3: If, as a result of a review conducted under subsection (1) a: the part of the Northland CMS described in section 85(b) b: the Te Hiku CMS applies to that area. 4: Subsection (3) subsection (1) 5: A review carried out under this section must be carried out in accordance with the process set out in sections 87 to 94 98: Amendment procedure 1: At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS. 2: Unless subsection (3) or (4) sections 87 to 94 3: If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,— a: the parties must send the proposed amendments to the Conservation Board; and b: the proposed amendments must be dealt with in accordance with sections 93 and 94 4: However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) subsection (2) or (3) 5: The Director-General must notify any amendments made under subsection (4) Process to be followed if disputes arise 99: Dispute resolution 1: If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 87 to 98 a: give written notice to the other of the issues in dispute; and b: require the process under this section and section 100 2: Within 15 working days of the notice being given under subsection (1) 3: If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1) 4: If the dispute has not been resolved within 30 working days after the date of the notice given under subsection (1) 5: Subsection (4) 6: A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties. 100: Mediation 1: If resolution is not reached within a reasonable time under section 99 2: The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation, or, if agreement is not reached within 15 working days of the notice being given under subsection (1) 3: A mediator appointed under subsection (2) a: must be familiar with tikanga Māori and te reo Māori; and b: must not have an interest in the outcome of the dispute; and c: does not have the power to determine the dispute, but may give non-binding advice. 4: The parties must— a: participate in the mediation in good faith; and b: share equally the costs of a mediator appointed under this section and related expenses; but c: in all other respects, meet their own costs and expenses in relation to the mediation. 101: Effect of dispute process on prescribed time limits If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 99(1) a: the calculation of any prescribed time is stopped until the dispute is resolved; and b: the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted. Access to Conservation Authority and Minister of Conservation 102: New Zealand Conservation Authority 1: Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority. 2: If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority. 3: A request must— a: be in writing; and b: set out the matter of national importance to be discussed; and c: be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting. 4: The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting. 103: Minister of Conservation 1: The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area. 2: The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi. 3: Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must— a: propose the agenda for the meeting; and b: provide relevant information relating to the matters on the agenda. 4: The persons who are entitled to attend the annual meeting are— a: Te Hiku o Te Ika iwi leaders; and b: the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree). Decision-making framework 104: Acknowledgement of section 4 of Conservation Act 1987 When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,— a: in applying section 4 Treaty of Waitangi i: to the extent required by the conservation legislation; and ii: in a manner commensurate with— A: the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and B: the subject matter of the decision; and b: comply with the provisions of Part 2 Transfer of decision-making and review functions 105: Customary materials plan 1: The parties must jointly prepare and agree a customary materials plan that covers— a: the customary taking of plant material from conservation protected areas within the korowai area; and b: the possession of dead protected animals found within the korowai area. 2: The first customary materials plan must be agreed not later than the settlement date. 3: Part 3 106: Wāhi tapu framework 1: The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu. 2: Part 4 107: Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve Part 5 Relationship agreement 108: Relationship agreement Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 6 of the deed of settlement. 4: Statutory acknowledgement 109: Interpretation In this subpart,— relevant consent authority statement of association a: made by Ngāti Kuri of their particular cultural, historical, spiritual, and traditional association with the statutory area; and b: set out in part 2.1 of the documents schedule statutory acknowledgement section 110 statutory area Schedule 4 statutory plan a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement, as defined in section 43AA b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement 110: Statutory acknowledgement by the Crown The Crown acknowledges the statements of association for the statutory areas. 111: Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 112 to 114 b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees in accordance with sections 115 116 c: to enable the trustees and any member of Ngāti Kuri to cite the statutory acknowledgement as evidence of the association of Ngāti Kuri with a statutory area, in accordance with section 117 112: Relevant consent authorities to have regard to statutory acknowledgement 1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E 3: Subsection (2) Resource Management Act 1991 113: Environment Court to have regard to statutory acknowledgement 1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 3: Subsection (2) Resource Management Act 1991 114: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement 1: This section applies to an application made under section 44 56 61 2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62 3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— a: in determining whether the trustees are persons directly affected by the decision; and b: in determining, under section 59(1) 64(1) 4: In this section, archaeological site section 6 115: Recording statutory acknowledgement on statutory plans 1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area. 2: The information attached to a statutory plan must include— a: a copy of sections 110 to 114 116 117 b: descriptions of the statutory areas wholly or partly covered by the plan; and c: the statement of association for each statutory area. 3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— a: part of the statutory plan; or b: subject to the provisions of Schedule 1 116: Provision of summary or notice to trustees 1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: a: if the application is received by the consent authority, a summary of the application; or b: if notice of the application is served on the consent authority under section 145(10) 2: A summary provided under subsection (1)(a) section 95B 3: The summary must be provided— a: as soon as is reasonably practicable after the relevant consent authority receives the application; but b: before the relevant consent authority decides under section 95 4: A copy of a notice must be provided under subsection (1)(b) 5: The trustees may, by written notice to a relevant consent authority,— a: waive the right to be provided with a summary or copy of a notice under this section; and b: state the scope of that waiver and the period it applies for. 6: This section does not affect the obligation of a relevant consent authority to decide,— a: under section 95 b: under section 95E 117: Use of statutory acknowledgement 1: The trustees and any member of Ngāti Kuri may, as evidence of the association of Ngāti Kuri with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— a: the relevant consent authorities; or b: the Environment Court; or c: Heritage New Zealand Pouhere Taonga; or d: the Environmental Protection Authority or a board of inquiry under Part 6AA 2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on— a: the bodies referred to in subsection (1) b: parties to proceedings before those bodies; or c: any other person who is entitled to participate in those proceedings. 3: However, the bodies and persons specified in subsection (2) 4: To avoid doubt,— a: neither the trustees nor members of Ngāti Kuri are precluded from stating that Ngāti Kuri has an association with a statutory area that is not described in the statutory acknowledgement; and b: the content and existence of the statutory acknowledgement do not limit any statement made. General provisions relating to statutory acknowledgement 118: Application of statutory acknowledgement to river or stream If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement— a: applies only to— i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but b: does not apply to— i: a part of the bed of the river or stream that is not owned by the Crown; or ii: an artificial watercourse; or iii: a tributary flowing into the river. 119: Exercise of powers and performance of functions and duties 1: The statutory acknowledgement does not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under any enactment or a bylaw. 2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Kuri with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area. 3: Subsection (2) subsection (1) 4: This section is subject to the other provisions of this subpart. 120: Rights not affected 1: The statutory acknowledgement does not— a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. 2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991 121: Amendment to Resource Management Act 1991 1: This section amends the Resource Management Act 1991. 2: In Schedule 11 Ngāti Kuri Claims Settlement Act 2015 2015-09-23 Resource Management Act 1991 5: Protocols 122: Interpretation In this subpart,— protocol a: means each of the following protocols issued under section 123(1)(a) i: the taonga tūturu protocol: ii: the protocol with the Minister of Energy and Resources: iii: the fisheries protocol; and b: includes any amendments made under section 123(1)(b) responsible Minister a: for the protocol with the Minister of Energy and Resources, that Minister: b: for the fisheries protocol, the Minister for Primary Industries: c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage: d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols 123: Issuing, amending, and cancelling protocols 1: Each responsible Minister— a: must issue a protocol to the trustees on the terms set out in part 3 of the documents schedule; and b: may amend or cancel that protocol. 2: The responsible Minister may amend or cancel a protocol at the initiative of— a: the trustees; or b: the responsible Minister. 3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees. 124: Protocols subject to rights, functions, and duties Protocols do not restrict— a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability— i: to introduce legislation and change Government policy; and ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or b: the responsibilities of a responsible Minister or a department of State; or c: the legal rights of Ngāti Kuri or a representative entity. 125: Enforcement of protocols 1: The Crown must comply with a protocol while it is in force. 2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950 3: Despite subsection (2) 4: To avoid doubt,— a: subsections (1) and (2) b: subsection (3) subsection (2) Crown minerals 126: Protocol with Minister of Energy and Resources 1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 a: a register of protocols maintained by the chief executive; and b: the minerals programmes that affect the protocol area, but only when those programmes are changed. 2: The noting of the summary is— a: for the purpose of public notice only; and b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991 3: The protocol with the Minister of Energy and Resources does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals. 4: In this section,— Crown mineral section 2(1) a: that is the property of the Crown under section 10 11 b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 minerals programme section 2(1) protocol area Taonga tūturu protocol 127: Taonga tūturu protocol 1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. 2: In this section, taonga tūturu a: has the meaning given in section 2(1) b: includes ngā taonga tūturu, as defined in section 2(1) Fisheries 128: Fisheries protocol 1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996 2: The noting of the summary is— a: for the purpose of public notice only; and b: not an amendment to a fisheries plan for the purposes of section 11A 3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments: a: the Fisheries Act 1996 b: the Maori Commercial Aquaculture Claims Settlement Act 2004 c: the Maori Fisheries Act 2004 d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 4: In this section,— fisheries plan section 11A fisheries protocol area 6: Fisheries advisory committees 129: Interpretation In this subpart,— fisheries protocol area section 128(4) Minister Ngāti Kuri fisheries advisory committee 130: Appointment of Ngāti Kuri fisheries advisory committee 1: The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1) 2: The purpose of the Ngāti Kuri fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 3: The Minister must consider any advice given by the Ngāti Kuri fisheries advisory committee. 4: In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of Ngāti Kuri. Joint fisheries advisory committee 131: Appointment of joint fisheries advisory committee 1: The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1) 2: Each Te Hiku o Te Ika iwi governance entity must appoint 1 person to be a member of the committee. 3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 a: the fisheries protocol area; and b: the fisheries protocol areas provided for by— i: section 130 ii: section 125 iii: section 141 4: The Minister must consider any advice given by the joint fisheries advisory committee. 5: In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi. 6: If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3) 7: In this section,— exclusive economic zone section 4(1) quota management area section 2(1) 7: Official geographic names 132: Interpretation In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4 133: Official geographic names 1: A name specified in the second column of the table in clause 8.32 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table. 2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 134: Publication of official geographic names 1: The Board must, as soon as practicable after the settlement date, give public notice of each official geographic name under section 133 section 21(2) and (3) 2: The notices must state that each official geographic name became an official geographic name on the settlement date. 135: Subsequent alteration of official geographic names 1: In making a determination to alter the official geographic name of a feature named by this subpart, the Board— a: need not comply with section 16 17 18 19(1) 20 b: must have the written consent of the trustees. 2: However, in the case of the features listed in subsection (3) a: the trustees; and b: the trustees of Te Rūnanga o NgāiTakoto; and c: the trustees of Te Rūnanga o Te Rarawa; and d: the trustees of the Te Rūnanga Nui o Te Aupouri Trust. 3: Subsection (2) a: Te Oneroa-a-Tōhē / Ninety Mile Beach: b: Cape Reinga / Te Rerenga Wairua: c: Piwhane / Spirits Bay. 4: To avoid doubt, the Board must give public notice of a determination made under subsection (1) section 21(2) and (3) 3: Commercial redress 136: Interpretation In subparts 1 to 3 Aupouri Forest commercial redress property Crown forest land section 2(1) Crown forestry licence a: has the meaning given in section 2(1) b: in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed cultural forest land properties a: means Beach sites A, B, and C defined as cultural redress properties in section 22 b: means Hukatere Pā, as defined in section 22 Te Aupouri Claims Settlement Act 2015 c: means Hukatere site A, as defined in section 22 d: means Hukatere site B, as defined in section 22 e: excludes, to the extent provided for by the Crown forestry licence,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land joint licensor governance entities a: the trustees; and b: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and c: the trustees of Te Rūnanga o NgāiTakoto; and d: the trustees of Te Rūnanga o Te Rarawa land holding agency licensee licensor Peninsula Block a: means the licensed land (being part of the Aupouri Forest) described in part 3 of the property redress schedule; but b: excludes, to the extent provided for by the Crown forestry licence for the land,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land Peninsula Block settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust: b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust: c: for NgāiTakoto, Te Rūnanga o NgāiTakoto: d: for Te Rarawa, Te Rūnanga o Te Rarawa protected site a: is wāhi tapu or a wāhi tapu area within the meaning of section 6 b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 relevant trustees right of access section 149 1: Transfer of commercial redress properties 137: The Crown may transfer properties To give effect to part 9 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to— a: transfer the fee simple estate in a commercial redress property to the trustees; and b: sign a transfer instrument or other document, or do anything else necessary to effect the transfer. 138: Transfer of share in fee simple estate in property In this subpart subparts 2 3 139: Minister of Conservation may grant easements 1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property. 2: An easement granted under subsection (1) a: is enforceable in accordance with its terms, despite Part 3B b: is to be treated as having been granted in accordance with Part 3B c: is registrable under section 17ZA(2) 140: Computer freehold registers for commercial redress properties 1: This section applies to a commercial redress property (other than the Peninsula Block) that is to be transferred to the trustees under section 137 2: However, this section applies only to the extent that— a: the property is not all of the land contained in a computer freehold register; or b: there is no computer freehold register for all or part of the property. 3: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold register. 4: Subsection (3) 5: In this section and sections 141 142 authorised person 141: Computer freehold register for Peninsula Block 1: This section applies to the Peninsula Block. 2: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register in the name of the Crown for the fee simple estate in the property; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold register. 3: Subsection (2) 142: Authorised person may grant covenant for later creation of computer freehold register 1: For the purposes of sections 140 141 2: Despite the Land Transfer Act 1952 a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and b: the Registrar-General must comply with the request. 143: Application of other enactments 1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property. 2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 3: The transfer does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 4: The permission of a council under section 348 5: Section 11 Part 10 6: In exercising the powers conferred by section 137 7: Subsection (6) subsections (2) and (3) 144: Transfer of Te Paki Station 1: This section relates to the commercial redress property described as Te Paki Station in part 3 of the property redress schedule. 2: The reservation of Te Paki Station (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 3: The official geographic name of Te Paki Recreation Reserve is discontinued in respect of Te Paki Station, and the Board must amend the Gazetteer accordingly. 4: Sections 24 25 subsection (2) 5: The trustees must provide the Crown with a registrable covenant in relation to Te Paki Station on the terms and conditions set out in part 5.1 of the documents schedule. 6: The covenant is to be treated as a conservation covenant for the purposes of section 77 7: The right of way easement created by Proclamation 11625 (North Auckland Land District) is cancelled to the extent that it relates to Te Paki Station. 8: The Registrar-General must note the effect of subsection (7) 9: In subsection (3) Board Gazetteer official geographic name section 4 2: Licensed land 145: Peninsula Block ceases to be Crown forest land 1: The Peninsula Block ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the relevant trustees. 2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 146: Relevant trustees are confirmed beneficiaries and licensors 1: The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block. 2: The effect of subsection (1) a: the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and b: all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block. 3: Despite subsection (2)(a) 4: The Crown must give notice under section 17(4)(b) section 8HB(1)(a) 5: Notice given under subsection (4) a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) b: the recommendation had become final on the settlement date. 6: The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties had been returned to Māori ownership— a: on the settlement date; and b: under section 36 7: However, section 36(1)(b) 147: Effect of transfer of Peninsula Block Section 146 a: the transfer of the fee simple estate in the Peninsula Block has been registered; or b: the processes described in clause 17.4 of the Crown forestry licence have been completed, providing a single licence for the Peninsula Block and the cultural forest land properties. 148: Licence splitting process must be completed 1: To the extent that the Crown has not completed the processes referred to in section 147(b) a: on and after the settlement date; and b: until they are completed. 2: Subsection (3) a: is payable for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) section 147 b: is not part of the rental proceeds referred to in section 146(2)(a) 3: The licence fee payable is the amount calculated in the manner described in paragraphs 4.25 and 4.26 of the property redress schedule. 4: However, the calculation of the licence fee under subsection (3) 5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties, be read as references to the relevant trustees. 3: Access to protected sites Right of access 149: Right of access to protected sites 1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site. 2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner. 3: The right of access is subject to the following conditions: a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and b: the right of access may be exercised only at reasonable times and during daylight hours; and c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for— i: the safety of people; or ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or iii: operational reasons. 150: Right of access over Peninsula Block 1: A right of access over the Peninsula Block is subject to the terms of any Crown forestry licence. 2: However, subsection (1) 3: An amendment to a Crown forestry licence is of no effect to the extent that it would— a: delay the date from which a person may exercise a right of access; or b: adversely affect a right of access in any other way. 151: Right of access to be recorded on computer freehold register 1: This section applies to the transfer to the trustees of the Peninsula Block. 2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land. 3: The Registrar-General must, on the registration of the transfer of the land, record, on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land. 4: Right of first refusal over RFR land Interpretation 152: Interpretation In this subpart and Schedule 5 balance RFR land a: is exclusive RFR land or shared RFR land; and b: has been offered for disposal to the trustees of an offer trust— i: as exclusive RFR land or shared RFR land; and ii: in accordance with section 155 c: has not been withdrawn under section 157 d: has not been accepted in accordance with section 158 control paragraph (d) a: for a company, control of the composition of its board of directors; and b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body a: a Crown entity (as defined by section 7(1) b: a State enterprise (as defined by section 2 c: the New Zealand Railways Corporation; and d: a company or body that is wholly owned or controlled by 1 or more of the following: i: the Crown: ii: a Crown entity: iii: a State enterprise: iv: the New Zealand Railways Corporation; and e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of a: means— i: to transfer or vest the fee simple estate in the land; or ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but b: to avoid doubt, does not include— i: to mortgage, or give a security interest in, the land; or ii: to grant an easement over the land; or iii: to consent to an assignment of a lease, or to a sublease, of the land; or iv: to remove an improvement, fixture, or fitting from the land exclusive RFR land expiry date sections 155(1)(a) 156 Ngāti Kuri settlement date notice offer section 155 offer trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land, the Te Manawa O Ngāti Kuri Trust and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment: c: for balance RFR land, the RFR settlement trust for each remaining iwi other relevant iwi Other Relevant Iwi public work section 2 recipient trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 158 related company section 2(3) remaining iwi RFR date a: for the exclusive RFR land: b: for the shared RFR land RFR land section 153 RFR landowner a: means— i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and ii: a Crown body, if the body holds the fee simple estate in the land; and b: includes a local authority to which RFR land has been disposed of under section 161(1) c: to avoid doubt, does not include an administering body in which RFR land is vested— i: on the RFR date for that land; or ii: after the RFR date for that land, under section 162(1) RFR period a: for exclusive RFR land, a period of 172 years from the settlement date, in the case of an iwi granted a right to exclusive RFR land; and b: for balance RFR land, a period of 172 years from the settlement date; and c: for shared RFR land,— i: a period of 172 years from the Ngāti Kuri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Ngāti Kuri settlement date; or ii: if the settlement date for each of the other relevant iwi has not occurred on or before the Ngāti Kuri settlement date, a period of 172 years from the earlier of— A: the date that is 24 months after the Ngāti Kuri settlement date; and B: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment RFR settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and c: for NgāiTakoto, Te Rūnanga o NgāiTakoto; and d: for Te Rarawa, Te Rūnanga o Te Rarawa; and e: for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims shared RFR land a: the Ngāti Kuri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Ngāti Kuri settlement date; or b: if the settlement date for each of the other relevant iwi has not occurred on or before the Ngāti Kuri settlement date, the earlier of— i: 24 months after the Ngāti Kuri settlement date; and ii: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment subsidiary section 5 153: Meaning of RFR land 1: In this subpart, RFR land a: exclusive RFR land; and b: shared RFR land; and c: balance RFR land; and d: land obtained in exchange for a disposal of RFR land under section 166(1)(c) 167 2: However, land ceases to be RFR land if— a: the fee simple estate in the land transfers from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 159 ii: any other person (including the Crown or a Crown body) under section 154(1)(d) b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 163 to 170 ii: under any matter referred to in section 171(1) c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 179 d: the RFR period for the land ends. Restrictions on disposal of RFR land 154: Restrictions on disposal of RFR land 1: An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of— a: under any of sections 160 to 170 b: under any matter referred to in section 171(1) c: in accordance with a waiver or variation given under section 179 d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees— i: related to exclusive RFR land or shared RFR land; and ii: was made in accordance with section 155 iii: was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and iv: was not withdrawn under section 157 v: was not accepted under section 158 2: Subsection (1)(d) a: an offer to dispose of the balance RFR land has been made in accordance with section 155 b: that offer is not accepted by the trustees of an offer trust under section 158(3) Trustees' right of first refusal 155: Requirements for offer 1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating— a: the terms of the offer, including its expiry date; and b: the legal description of the land, including any interests affecting it and the reference for any computer register that contains the land; and c: a street address for the land (if applicable); and d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer; and e: a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be. 2: To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been). 156: Expiry date of offer 1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer. 2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if— a: the trustees have received an earlier offer to dispose of the land; and b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and c: the earlier offer was not withdrawn. 3: For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 155(1) section 158(4) 157: Withdrawal of offer The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted. 158: Acceptance of offer 1: The trustees of an offer trust may, by notice to the RFR landowner who makes an offer, accept the offer if— a: it has not been withdrawn; and b: its expiry date has not passed. 2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less. 3: In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust. 4: In the case of an offer of shared RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 155 a: specifying the offer trusts from whose trustees acceptance notices have been received; and b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner's notice is received under this subsection. 159: Formation of contract 1: If the trustees of an offer trust accept an offer by an RFR landowner under section 158 2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust. 3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee 4: The trustees of the recipient trust may nominate a nominee only if— a: the nominee is lawfully able to hold the RFR land; and b: the trustees of the recipient trust give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle. 5: The notice must specify— a: the full name of the nominee; and b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee. 6: If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land 160: Disposal to the Crown or Crown bodies 1: An RFR landowner may dispose of RFR land to— a: the Crown; or b: a Crown body. 2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 160(2) amended 1 August 2020 section 668 Education and Training Act 2020 161: Disposal of existing public works to local authorities 1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2 2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1) a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. 162: Disposal of reserves to administering bodies 1: An RFR landowner may dispose of RFR land in accordance with section 26 26A 2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become— a: the RFR landowner of the land; or b: subject to the obligations of an RFR landowner under this subpart. 3: However, if RFR land vests back in the Crown under section 25 27 a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land 163: Disposal in accordance with enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law. 164: Disposal in accordance with legal or equitable obligations An RFR landowner may dispose of RFR land in accordance with— a: a legal or an equitable obligation that— i: was unconditional before the RFR date for that land; or ii: was conditional before the RFR date for that land but became unconditional on or after that date; or iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land. 165: Disposal under certain legislation An RFR landowner may dispose of RFR land in accordance with— a: section 54(1)(d) b: section 34 43 44 c: section 355(3) 166: Disposal of land held for public works 1: An RFR landowner may dispose of RFR land in accordance with— a: section 40(2) or (4) 41 b: section 52 105(1) 106 114(3) 117(7) 119 c: section 117(3)(a) d: section 117(3)(b) e: section 23(1) or (4) 24(4) 26 2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e) 167: Disposal for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— a: section 15 b: section 16A 24E 168: Disposal for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes. 169: Disposal to tenants The Crown may dispose of RFR land— a: that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or b: under section 67 i: before the RFR date; or ii: on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or c: under section 93(4) 170: Disposal by Housing New Zealand Corporation 1: Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation's opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown's social objectives in relation to housing or services related to housing. 2: To avoid doubt, in subsection (1) RFR land RFR landowner obligations 171: RFR landowner’s obligations subject to other matters 1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and b: any interest or legal or equitable obligation— i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and ii: that the RFR landowner cannot satisfy by taking reasonable steps; and c: the terms of a mortgage over, or security interest in, RFR land. 2: Reasonable steps, for the purposes of subsection (1)(b)(ii) Notices about RFR land 172: Notice to LINZ of RFR land with computer register after RFR date 1: If a computer register is first created for RFR land after the RFR date for the relevant land, the RFR landowner must give the chief executive of LINZ notice that the register has been created. 2: If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land. 3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land. 4: The notice must include the legal description of the land and the reference for the computer register that contains the land. 173: Notice to trustees of offer trusts of disposal of RFR land to others 1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee. 2: The notice must be given on or before the date that is 20 working days before the day of the disposal. 3: The notice must include— a: the legal description of the land and any interests affecting it; and b: the reference for any computer register for the land; and c: the street address for the land (if applicable); and d: the name of the person to whom the land is being disposed of; and e: an explanation of how the disposal complies with section 154 f: if the disposal is to be made under section 154(1)(d) 174: Notice to LINZ of land ceasing to be RFR land 1: This section applies if land contained in a computer register is to cease being RFR land because— a: the fee simple estate in the land is to transfer from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 159 ii: any other person (including the Crown or a Crown body) under section 154(1)(d) b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 163 to 170 ii: under any matter referred to in section 171(1) c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 179 2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land. 3: The notice must include— a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land. 175: Notice requirements Schedule 5 a: an RFR landowner; or b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers 176: Right of first refusal recorded on computer registers for RFR land 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,— a: the RFR land for which there is a computer register on the RFR date for the land; and b: the RFR land for which a computer register is first created after the RFR date for the land; and c: land for which there is a computer register that becomes RFR land after the settlement date. 2: The chief executive must issue a certificate as soon as is reasonably practicable after— a: the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or b: receiving a notice under section 172 3: Each certificate must state that it is issued under this section. 4: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is— a: RFR land, as defined in section 153 b: subject to this subpart (which restricts disposal, including leasing, of the land). 177: Removal of notifications when land to be transferred or vested 1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 174 a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land; and d: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notifications recorded under section 176 178: Removal of notifications when RFR period ends 1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes— a: the reference for each computer register for RFR land that still has a notification recorded under section 176 b: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 176 General provisions applying to right of first refusal 179: Waiver and variation 1: The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart. 2: The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart. 3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it. 180: Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body. 181: Assignment of rights and obligations under this subpart 1: Subsection (3) a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and b: has given the notices required by subsection (2) 2: An RFR holder must give notices to each RFR landowner— a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and b: specifying the date of the assignment; and c: specifying the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and d: specifying the street address, postal address, and fax number or electronic address for notices to the assignees. 3: This subpart and Schedule 5 4: In this section and Schedule 5 constitutional documents RFR holder a: they are the trustees of 1 or more offer trusts; or b: they have previously been assigned those rights and obligations under this section.

DLM6567203

2015

Taxation (Bright-line Test for Residential Land) Act 2015

1: Title This Act is the Taxation (Bright-line Test for Residential Land) Act 2015 2: Commencement This Act comes into force on the day on which this Act receives the Royal assent, except Part 1 1: Amendments to Income Tax Act 2007 3: Income Tax Act 2007 This Part amends the Income Tax Act 2007 2015-11-16 Income Tax Act 2007 4: New section CB 6A inserted (Disposal within 2 years: bright-line test for residential land) 1: Before section CB 6 CB 6A: Disposal within 2 years: bright-line test for residential land Disposal within 2 years 1: An amount that a person derives from disposing of residential land is income of the person, if the bright-line date for the residential land is within 2 years of— a: the date on which the instrument to transfer the land to the person was registered— i: under the Land Transfer Act 1952; or ii: under foreign laws of a similar nature to the Land Transfer Act 1952, if the land is outside New Zealand; or b: their date of acquisition of the land, if an instrument to transfer the land to the person is not registered on or before the bright-line date. Subdivision 2: Despite subsection (1) undivided land a: the date on which the instrument to transfer the undivided land to the person was registered— i: under the Land Transfer Act 1952; or ii: under foreign laws of a similar nature to the Land Transfer Act 1952, if the land is outside New Zealand; or b: their date of acquisition of the undivided land, if the land is not registered as described in paragraph (a) Leases with perpetual right of renewal 3: Despite subsection (1) Contingent interest 4: Despite subsection (1) Exception: disposal of land by executor, administrator, or beneficiary 5: This section does not apply to an amount that an executor or administrator described in section FC 1(1)(a) (What this subpart does), or a beneficiary described in section FC 1(1)(b), derives from disposing of residential land that was transferred to them on the death of a person. Relationship with subject matter 6: This section applies if none of sections CB 6 to CB 12 apply. Some definitions 7: In this section and section CB 16A bright-line date a: the earliest of— i: the date that the person enters into an agreement for the disposal: ii: the date on which the person makes a gift of the residential land: iii: the date on which the person’s residential land is compulsorily acquired under any Act by the Crown, a local authority, or a public authority: iv: if there is a mortgage secured on the residential land, the date on which the land is disposed of by or for the mortgagee as a result of the mortgagor’s defaulting; or b: if none of paragraph (a)(i) to (iv) date of acquisition amount, bright-line date, date of acquisition, dispose, estate, income, interest, land, mortgage, person, residential land, year 2: Subsection (1) 5: Section CB 13 amended (Disposal: amount from major development or division and not already in income) 1: In section CB 13(1)(a) sections CB 6 sections CB 6A 2: Subsection (1) 6: Section CB 14 amended (Disposal: amount from land affected by change and not already in income) 1: In section CB 14(1)(a) sections CB 6 sections CB 6A 2: Subsection (1) 7: Section CB 15B amended (When land acquired) 1: In section CB 15B(1) For the purposes of this subpart For the purposes of this subpart except section CB 6A 2: Subsection (1) 8: New section CB 16A inserted (Main home exclusion for disposal within 2 years) 1: Before section CB 16 CB 16A: Main home exclusion for disposal within 2 years Main home exclusion 1: Section CB 6A a: the person; or b: a beneficiary of a trust, if the person is a trustee of the trust and— i: a principal settlor of the trust does not have a main home; or ii: if a principal settlor of the trust does have a main home, it is that main home which the person is disposing of. When this section does not apply 2: The exclusion in subsection (1) a: the exclusion has been used by the person 2 or more times within the 2 years immediately preceding the bright-line date for the residential land: b: the person has engaged in a regular pattern of acquiring and disposing of residential land. A definition 3: In this section, principal settlor beneficiary, bright-line date, dispose, dwelling, land, main home, person, principal settlor, residential land, settlement, settlor, trustee, year 2: Subsection (1) 9: Section CB 23B amended (Land partially sold or sold with other land) 1: In section CB 23B CB 6 CB 6A 2: Subsection (1) 10: New sections DB 18A and DB 18AB inserted 1: Before section DB 18 DB 18A: Ring-fenced allocations: disposal of residential land within 2 years When this section applies 1: This section applies to an amount of a person’s deductions ( bright-line deductions section CB 6A Basis for allocation of deductions: formula 2: The amount of bright-line deductions allocated to an income year, including an amount that has been carried forward and allocated under subsection (4) bright-line income + land net income. Definition of items in formula 3: In the formula,— a: bright-line income section CB 6A b: land net income Excess allocations: carried forward and reinstated next year 4: Any excess deductions not allocated to the income year because of subsection (2) a: deductions under section DB 23 that relate to residential land for which the person derives income solely under section CB 6A b: allocated to the next income year. Restriction on reinstating excess allocations: continuity for companies 5: Despite subsection (3) deduction, dispose, income, income year, land, loss balance, net income, residential land, tax loss component DB 18AB: Deduction cap: disposal of residential land within 2 years to associated persons When this section applies 1: This section applies to a person ( person A a: person A derives income solely under section CB 6A (Disposal within 2 years: bright-line test for residential land) from disposing of residential land to an associated person; and b: person A has deductions for expenditure or loss in relation to the disposal of the land ( residential land deductions Deduction cap for person A and transfer to associated person 2: The total residential land deductions that person A is allowed are no more than the amount of income they derive under section CB 6A from the disposal of the land. Deductions not allowed to person A under this section are treated as expenditure that the associated person has in relation to acquiring the land. associated person, deduction, dispose, income, income year, land, person, residential land 2: Subsection (1) 11: Section DB 29 amended (Apportionment when land acquired with other property) 1: In section DB 29 CB 6 CB 6A 2: Subsection (1) 12: New section FB 3A inserted (Residential land) 1: Before section FB 3 FB 3A: Residential land When this section applies 1: This section applies for the purposes of section CB 6A Transfer at cost 2: The transfer is treated as a disposal and acquisition for an amount that equals the total cost of the residential land to the transferor at the date of transfer. Date of acquisition 3: The transferee is treated as having acquired property in the residential land on the relevant date, for the transferor’s acquisition, in section CB 6A(1)(a) or (b) date of transfer, dispose, residential land, settlement of relationship property 2: Subsection (1) 13: Section FC 3 amended (Property transferred to spouse, civil union partner, or de facto partner) 1: After section FC 3(2) Relationship with subject matter 3: Section FC 9 2: In section FC 3 residential land 3: Subsection (1) 14: Section FC 4 amended (Property transferred to charities or to close relatives and others) 1: After section FC 4(2) Relationship with subject matter 3: Section FC 9 2: In section FC 4 residential land 3: Subsection (1) 15: New section FC 9 inserted (Residential land transferred to executor, administrator, or beneficiary on death of person) 1: After section FC 8 FC 9: Residential land transferred to executor, administrator, or beneficiary on death of person What this section applies to 1: This section applies in the circumstances described in section FC 1(1)(a) or (b) when residential land is transferred on a person’s death and section FC 5 does not apply. Residential land 2: Section CB 6A Cost of residential land 3: If the residential land is transferred to a person who disposes of it, and the person derives income, the cost of the land to the person is— a: the cost of the land incurred by the deceased person; and b: all other expenditure incurred by the person, the deceased person, or the administrator or executor of the deceased person, as applicable, for which no deduction has been allowed. deduction, dispose, income, land, person, residential land 2: Subsection (1) 16: Section FO 10 amended (When property passes on resident’s restricted amalgamation) 1: In section FO 10(6) the 10-year rule in sections CB 9 to CB 11 and CB 14 the 2-year bright-line test or the 10-year rule in any of sections CB 6A 2: Subsection (1) 17: Section FO 17 amended (Land) Replace section FO 17(2) and (3) Disposal at market value 2: The amalgamating company is treated as having disposed of the land to the amalgamated company at the market value of the land at the date of the amalgamation if— a: the land is not revenue account property of the amalgamating company, and the disposal of the land would give rise to income for the amalgamated company under any of sections CB 6A b: the land is revenue account property of the amalgamating company but not merely because of the 2-year bright-line test or the 10-year rule in any of sections CB 6A CB 6A Disposal of land within 2-year bright-line test or 10-year rule 3: If the land is, or may be, revenue account property of the amalgamating company because of the 2-year bright-line test or the 10-year rule in any of sections CB 6A CB 6A 18: New heading and new sections GB 52 and GB 53 inserted After section GB 51 Arrangements involving residential land GB 52: Arrangements involving residential land: companies’ shares When this section applies 1: This section applies when— a: a company owns residential land directly or indirectly for which the relevant date in sections CB 6A(1)(a) or (b) paragraph (c) company residential land b: residential land owned directly or indirectly by the company makes up 50% or more, by market value, of the assets of the company; and c: 50% or more of the shares in the company, by market value, are disposed of within a 12-month period, with a purpose or effect of defeating the intent and application of section CB 6A Disposal at cost, reacquisition at market 2: The company is treated as disposing of the relevant shareholder portion of company residential land to the relevant shareholder for an amount of consideration equal to the total cost to the company of the portion, and the shareholder is treated as acquiring the portion for that total cost and then disposing of it, back to the company, for an amount of consideration equal to the market value of the portion. The company is treated as reacquiring the portion for the market value. A definition 3: In this section, shareholder portion company, dispose, residential land, share, shareholder GB 53: Arrangements involving residential land: trusts When this section applies 1: This section applies when— a: the trustees of a trust own residential land directly or indirectly ( trust residential land b: trust residential land makes up 50% or more, by market value, of the assets of the trust; and c: the trust’s trust deed changes, a decision-maker under the trust deed changes, or an arrangement under the trust changes, with a purpose or effect of defeating the intent and application of section CB 6A Market value disposal 2: The trustees are treated as disposing of the trust residential land affected by a change described in subsection (1)(c) amount, arrangement, dispose, land, residential land, trustee 19: Section YA 1 amended (Definitions) 1: This section amends section YA 1 2: Insert, in appropriate alphabetical order: bright-line date section CB 6A section CB 16A 3: Insert, in appropriate alphabetical order: date of acquisition section CB 6A section CB 16A 4: In the definition of dispose CB 6 CB 6A 5: In the definition of dwelling a: in paragraph (b), replace any of the following any of the following, in whole or part b: after paragraph (b), insert: c: despite paragraph (b)(iii) and (v), for the purposes of section CB 16A residential land i: includes a serviced apartment described in paragraph (b)(iii): ii: does not include, in whole or part, a rest home or retirement village 6: Replace the definition of estate estate interest estate or interest in land estate in land interest in land a: mean an estate or interest in the land, whether legal or equitable, and whether vested or contingent, in possession, reversion, or remainder; and b: include a right, whether direct or through a trustee or otherwise, to— i: the possession of the land (for example: a licence to occupy, as that term is defined in section 121A(1) of the Land Transfer Act 1952): ii: the receipt of the rents or profits from the land: iii: the proceeds of the disposal of the land; and c: do not include a mortgage 7: Insert, in appropriate alphabetical order: farmland a: is being worked in the farming or agricultural business of the land’s owner: b: because of its area and nature, is capable of being worked as a farming or agricultural business 8: In the definition of interest d: in relation to land, interest in land estate or interest in land estate 9: Insert, in appropriate alphabetical order: main home a: that is mainly used as a residence by the person (a home b: with which the person has the greatest connection, if they have more than 1 home 10: Insert, in appropriate alphabetical order: principal settlor section CB 16A 11: Insert, in appropriate alphabetical order: residential land a: means— i: land that has a dwelling on it: ii: land for which the owner has an arrangement that relates to erecting a dwelling: iii: bare land that may be used for erecting a dwelling under rules in the relevant operative district plan; but b: does not include land that is— i: used predominantly as business premises: ii: farmland 12: In the definition of settlement a: in paragraph (b), replace the settlement the settlement; but b: after paragraph (b), insert: c: in the definition of principal settlor section CB 16A(3) i: a beneficiary: ii: a trustee: iii: a person with power of appointment or removal of trustees: iv: a person with a contingent interest in the trust property, in the case that the trust fails: v: a decision-maker under the trust 13: Insert, in appropriate alphabetical order: shareholder portion section GB 52 14: In the definition of trading stock CB 6 CB 6A 15: In the definition of trust rules h: sections 43B, 59, and 93B of the Tax Administration Act 1994 2: Amendments to Tax Administration Act 1994 2015-11-16 Tax Administration Act 1994 20: Section 3 of the Tax Administration Act 1994 amended (Interpretation) In section 3(1) professional trustee section 43B 21: New section 43B of the Tax Administration Act 1994 inserted (Non-active trusts may be excused from filing returns) After section 43A 43B: Non-active trusts may be excused from filing returns 1: A trustee of a trust is not required to furnish a return of income for the trust for a tax year if— a: throughout that tax year; the trust is— i: a non-active trust; and ii: a complying trust as described in section HC 10 of the Income Tax Act 2007; and b: a trustee of the trust has made and furnished to the Commissioner, in a form approved by the Commissioner,— i: a declaration that the trust is a non-active trust, and that it will notify the Commissioner if it stops being a non-active trust; and ii: a statement of such other matters as the Commissioner may require; and c: the trust has not since the making of the declaration stopped being a non-active trust. 2: For the purposes of this section, a trust is a non-active trust for a tax year if, throughout that tax year, the trustee of the trust— a: has not derived or been deemed to have derived any income; and b: has no deductions; and c: has not been a party to or perpetuated or continued with any transactions with assets of the trust which, during the tax year,— i: give rise to income in any person’s hands; or ii: give rise to fringe benefits to any employee or to any former employee. 3: In determining whether a trust complies with the requirements of subsection (2) a: reasonable fees paid to professional trustees to administer the trust; or b: bank charges or other minimal administration costs totalling not more than $200 in the tax year; or c: interest earned on trust assets in any bank account during the tax year, to the extent to which the total interest does not exceed $200; or d: insurance, rates, and other expenditure incidental to the occupation of a dwelling owned by the trust and incurred by the beneficiaries of the trust. 4: Where at any time any paragraph of subsection (2) 5: Despite subsection (1)

DLM6433418

2015

Crimes (Indecency) Amendment Act 2015

1: Title This Act is the Crimes (Indecency) Amendment Act 2015. 2: Commencement This Act comes into force on the 28th day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Crimes Act 1961 principal Act 2015-05-07 Crimes Act 1961 4: Section 124 amended (Distribution or exhibition of indecent matter) Replace section 124(5) 5: No private prosecution (as defined in section 5 of the Criminal Procedure Act 2011) for an offence against this section can be commenced without the Attorney-General's consent. 5: New section 124A inserted (Indecent communication with young person under 16) After section 124 124A: Indecent communication with young person under 16 1: A person of or over the age of 16 years is liable to imprisonment for a term not exceeding 3 years if he or she intentionally exposes a person under the age of 16 years (the young person 2: A reference in subsection (1) to a person under the age of 16 years, or to the young person, includes a reference to a constable (as defined in section 2(1)) who pretends to be a person under the age of 16 years (the fictitious young person 3: It is a defence to a charge under subsection (1) a: before communicating with the young person and exposing the young person to the indecent material, the person charged had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and b: at the time of communicating with the young person and exposing the young person to the indecent material, the person charged believed on reasonable grounds that the young person was of or over the age of 16 years. 4: It is no defence to a charge under subsection (1) a: that the person charged had no reasonable opportunity of knowing it; and b: that in the circumstances the ignorance of the person charged was excusable. 5: No private prosecution (as defined in section 5 of the Criminal Procedure Act 2011) for an offence against this section can be commenced without the Attorney-General's consent. Sexual Offences (Scotland) Act 2009, s 24 6: New section 144AB inserted (Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties) After section 144A 144AB: Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties 1: A New Zealander is a party under section 66, an accessory after the fact, or both, to a New Zealand sexual offence with a child or young person outside New Zealand if,— a: a sexual act with a child or young person is done or to be done, outside New Zealand, by 1 or more principal parties who are foreigners; and b: the New Zealander does, outside New Zealand, an act with, or in respect of, the act done or to be done by the 1 or more foreigners; and c: had both acts been done in New Zealand, the New Zealander would be a party under section 66, an accessory after the fact, or both, to a sexual offence with a child or young person. 2: In this section,— accessory after the fact foreigner a: is not a New Zealand citizen; and b: is not a person ordinarily resident in New Zealand New Zealand sexual offence with a child or young person outside New Zealand New Zealander a: is a New Zealand citizen; or b: is a person ordinarily resident in New Zealand party under section 66 sexual act with a child or young person sexual offence with a child or young person 3: This section does not limit or affect section 69(3) or 144C (whether used with, or apart from, section 66). Criminal Code Act 1995 Division 272 (Aust); Sexual Offences Act 2003 s 72, Schedule 2 (UK)

DLM6577400

2015

Reserves and Other Lands Disposal Act 1977 Amendment Act 2015

1: Title This Act is the Reserves and Other Lands Disposal Act 1977 Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Purpose of this Act This Act amends the Reserves and Other Lands Disposal Act 1977 4: Principal Act This Act amends the Reserves and Other Lands Disposal Act 1977 principal Act 2015-09-23 Reserves and Other Lands Disposal Act 1977 5: Section 17 repealed (Te Puna-Topu-O-Hokianga Trust) Repeal section 17

DLM6404402

2015

Ombudsmen Amendment Act 2015

1: Title This Act is the Ombudsmen Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Ombudsmen Act 1975 principal Act 2015-03-26 Ombudsmen Act 1975 4: Section 17 replaced (Ombudsman may refuse to investigate complaint) Replace section 17 17: Ombudsman may refuse to investigate complaint 1: An Ombudsman may refuse to investigate or further investigate a complaint if it appears to the Ombudsman that,— a: under the law or existing administrative practice, the complainant has an adequate remedy or right of appeal (other than the right to petition the House of Representatives) and it is, or would have been, reasonable for the complainant to resort to that remedy or right of appeal; or b: the complaint relates to a decision, recommendation, act, or omission that the complainant has known about for more than 12 months; or c: the subject matter of the complaint is trivial; or d: the complaint is frivolous or vexatious or is not made in good faith; or e: the complainant does not have a sufficient personal interest in the subject matter of the complaint; or f: having regard to all the circumstances of the case,— i: following preliminary inquiries, an investigation is unnecessary; or ii: having commenced an investigation, further investigation is unnecessary. 2: If an Ombudsman refuses to investigate or further investigate a complaint, the Ombudsman must inform the complainant of the decision and give his or her reasons for it.

DLM6403896

2015

Summary Proceedings Amendment Act 2015

1: Title This Act is the Summary Proceedings Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Summary Proceedings Act 1957 principal Act 2015-03-26 Summary Proceedings Act 1957 4: Section 24 amended (Mode of service of documents on defendant) In section 24(3) at the time when the letter would have been delivered in the ordinary course of post on the 6th working day after the day on which the letter was posted 5: Section 78C amended (Certain defendants ineligible to rely on non-receipt of reminder notice) In section 78C(5) section 41A of the Transport Act 1962 or section 133 section 133 or 133A 6: Section 79 amended (Interpretation) In section 79(1) traffic offence the Transport Act 1962, the Road User Charges Act 1977, 7: Section 88AE amended (Powers of District Court Judge or Community Magistrate after considering report of Registrar under section 88AD) 1: In the heading to section 88AE 88AD 88(2)(b) or 88AD(2)(c) 2: In section 88AE(1) 88AD 88(2)(b) or 88AD(2)(c) 8: Section 92D amended (Recognised user may submit fine status query) In section 92D(2) evidencing the assurance of the 9: Section 92I amended (Regulations) In section 92I(1)(n) a: replace a person's an agency's b: replace person agency 10: Section 100I amended (What happens if lessor does not apply to Registrar before property sold or disposed of) In section 100I(5)(b)(i) less than 1 year 1 year or less

DLM6485419

2015

Taxation (Social Housing Reform) Act 2015

1: Title This Act is the Taxation (Social Housing Reform) Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Goods and Services Tax Act 1985 principal Act 2015-05-28 Goods and Services Tax Act 1985 4: Section 5 amended (Meaning of term supply) After section 5(6E) 6F: For the purposes of this Act, the amount payable by the Crown or the agency under the Housing Restructuring and Tenancy Matters Act 1992 under a reimbursement agreement or a tailored agreement under that Act for the provision of accommodation in social housing is treated as consideration for the supply of accommodation in a dwelling by way of hire.

DLM6614801

2015

Local Government (Auckland Transitional Provisions) Amendment Act 2015

1: Title This Act is the Local Government (Auckland Transitional Provisions) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Local Government (Auckland Transitional Provisions) Act 2010 principal Act 2015-11-24 Local Government (Auckland Transitional Provisions) Act 2010 1: Substantive amendments 4: Section 136 amended (Hearing procedure) In section 136(1) 3 2 5: Section 144 replaced (Hearings Panel must make recommendations to Council on proposed plan) Replace section 144 144: Hearings Panel must make recommendations to Council on proposed plan 1: The Hearings Panel must make recommendations on the proposed plan, including any recommended changes to the proposed plan. 2: The Hearings Panel may make recommendations in respect of a particular topic after it has finished hearing submissions on that topic. 3: The Hearings Panel must make any remaining recommendations after it has finished hearing all of the submissions that will be heard on the proposed plan. Scope of recommendations 4: The Hearings Panel must make recommendations on any provision included in the proposed plan under clause 4(5) or (6) of Schedule 1 of the RMA section 123 5: However, the Hearings Panel— a: is not limited to making recommendations only within the scope of the submissions made on the proposed plan; and b: may make recommendations on any other matters relating to the proposed plan identified by the Panel or any other person during the Hearing. 6: The Hearings Panel must not make a recommendation on any existing designations or heritage orders that are included in the proposed plan without modification and on which no submissions are received. Recommendations must be provided in reports 7: The Hearings Panel must provide its recommendations to the Council in 1 or more reports. 8: Each report must include— a: the Panel’s recommendations on the topic or topics covered by the report, and identify any recommendations that are beyond the scope of the submissions made in respect of that topic or those topics; and b: the Panel’s decisions on the provisions and matters raised in submissions made in respect of the topic or topics covered by the report; and c: the reasons for accepting or rejecting submissions and, for this purpose, may address the submissions by grouping them according to— i: the provisions of the proposed plan to which they relate; or ii: the matters to which they relate. 9: Each report may also include— a: matters relating to any consequential alterations necessary to the proposed plan arising from submissions; and b: any other matter that the Hearings Panel considers relevant to the proposed plan that arises from submissions or otherwise. 10: To avoid doubt, the Hearings Panel is not required to make recommendations that address each submission individually. 6: Section 158 amended (Right of appeal to High Court on question of law) Replace section 158(6) 6: Notice of the appeal must be filed with the High Court, and served on the Auckland Council, no later than 20 working days after the Council notifies the matters under— a: section 148(4)(a) subsection (1) or (3) b: section 151(5) subsection (2) 7: Section 161 amended (Minister for Environment and Minister of Conservation to establish Hearings Panel) 1: In section 161(2)(b) and (7) 7 10 2: After section 161(8) 8A: The Ministers may appoint an additional member or a replacement member only after consulting the Auckland Council, the Independent Māori Statutory Board, and the chairperson of the Hearings Panel (or the existing members of the Hearings Panel if there is no chairperson). 8: Section 165 amended (Powers of chairperson) 1: After section 165(a) aa: to direct that the Hearings Panel hold 2 or more hearing sessions concurrently: 2: Replace section 165(b) b: to appoint another member to act as chairperson for the purposes of any hearing session at which he or she will not be present for any reason, including because hearing sessions are being held concurrently: 2: Validations and consequential amendments 9: New sections 170 and 171 and cross-heading inserted After section 169 Validations 170: Closing date for submissions to Council on proposed plan Despite section 123(7) and (9), 28 February 2014 must be treated as if it is, and always was, the closing date for submissions on the proposed plan (other than further submissions) for the purposes of this Act. 171: Concurrent hearing sessions held before 2015 amendments 1: This section applies to any hearing session that was held concurrently with another hearing session before the commencement of the Local Government (Auckland Transitional Provisions) Amendment Act 2015 2015 Act 2: The hearing session must be treated as if— a: this Act as amended by the 2015 Act applied in relation to the hearing session; and b: the hearing session was— i: held in accordance with a direction given under section 165(aa) ii: chaired by a chairperson appointed under section 165(b) 10: Consequential amendments Amend the principal Act as set out in the Schedule

DLM6602502

2015

Companies Amendment Act 2015

1: Title This Act is the Companies Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Companies Act 1993 principal Act 2015-11-07 Companies Act 1993 4: Section 194 amended (Accounting records must be kept) After section 194(1) 1A: For the purpose of subsection (1), the transactions of the company include any transaction that constitutes an act of the type described in section 105C(3) of the Crimes Act 1961. 5: Section 366 amended (Disclosure of information and reports) In section 366(1B) section 49(3) law enforcement purposes v: any offence that is punishable by imprisonment for a term of 5 years or more and includes any act, wherever committed, that if committed in New Zealand would constitute an offence punishable by imprisonment for a term of 5 years or more:

DLM6485202

2015

Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Act 2015

1: Title This Act is the Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Act 2015. 2: Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 20 December 2015 Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Act 2015 Commencement Order 2015 Amendments to Tariff Act 1988 3: Principal Act Sections 4 5 Tariff Act 1988 principal Act OIC LI 2015/318 2015-12-20 Tariff Act 1988 refer to section 2: This Act comes into force on a date appointed by the Governor-General by Order in Council. 4: Section 15A amended (Interpretation) 1: In section 15A free trade agreement d: the Malaysia FTA; or e: the Republic of Korea FTA 2: In section 15A Republic of Korea FTA 5: Section 15H amended (Provisional transitional safeguard measure) In section 15H(1)(b)(ii) or the Malaysia FTA, the Malaysia FTA, or the Republic of Korea FTA, Amendments to Tariff 6: Tariff amended Sections 7 8 section 9F(1) 7: Tariff, note 2 amended In the notes to the Tariff, note 2, penultimate paragraph, after HK, KR, 8: Tariff, note 3 amended In the notes to the Tariff, note 3, below the item relating to Hong Kong, China, insert: Korea, Republic of KR

DLM6404702

2015

Reserves Amendment Act 2015

1: Title This Act is the Reserves Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Reserves Act 1977 principal Act 2015-03-26 Reserves Act 1977 4: Section 12 amended (Minister's powers) After section 12(4) 5: The Minister may, with the prior written agreement of a local authority, declare by notice in the Gazette a: ceases to be vested in and administered by the local authority and instead vests in the Crown; and b: has such classification under this Act as may be specified in the Gazette c: be administered in accordance with that classification. 6: The notice must be registered in the office of the Registrar-General of Land. 5: Section 48A amended (Use of reserve for communications station) Repeal section 48A(6) 6: Section 114 amended (Variation of covenants, terms, and conditions in leases and licences) Repeal section 114(5) 7: Section 115 amended (Transfers, subleases, and mortgages) Repeal section 115(6)

DLM6403814

2015

Local Government Official Information and Meetings Amendment Act 2015

1: Title This Act is the Local Government Official Information and Meetings Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Local Government Official Information and Meetings Act 1987 principal Act 2015-03-26 Local Government Official Information and Meetings Act 1987 4: Section 2 amended (Interpretation) Replace section 2(6) 6: Any information held by an independent contractor engaged by any local authority in his or her capacity as an independent contractor is, for the purposes of this Act, deemed to be held by the local authority. 5: Section 4 amended (Purposes) In section 4(a) provide for increase progressively 6: Section 10 amended (Requests) 1: After section 10(1) 1AA: A request under subsection (1)— a: may be made in any form and communicated by any means (including orally); and b: does not need to refer to this Act. 2: After section 10(3) 4: A local authority to which an oral request is made under subsection (1) may, if written clarification is reasonably necessary, ask the person requesting the information to put the request in writing to clarify the request. 5: If the person requesting the information declines or is unable to put the oral request in writing, the local authority must record its understanding of the request, and provide a copy of the record to the person. 7: Section 12 amended (Transfer of requests) In section 12 a: after the information , or some of the information, b: after transfer the request , or relevant part of the request, 8: Section 13 amended (Decisions on requests) After section 13(6) 7: If a request (the original request 8: However, subsection (7) does not apply if— a: the original request is amended or clarified because the local authority sought an amendment to, or a clarification of, the request; and b: the local authority did not seek that amendment or clarification within 7 working days after receiving the original request. 9: Section 15 amended (Documents) After section 15(1) 1A: Subject to subsections (2) and (3), information made available in any of the ways listed in subsection (1) may be made available in electronic form or by electronic means. 10: Section 17 amended (Refusal of requests) In section 17(e) or , despite reasonable efforts to locate it, 11: Section 27 amended (Functions of Ombudsmen) 1: Replace section 27(4) 4: For the purposes of subsection (1)(a), a refusal to make official information available includes, without limitation, a failure by the local authority to comply with section 13(1)— a: as soon as is reasonably practicable, or at the latest within 20 working days, after receiving the request; or b: within an extended time limit notified under section 14(3) to the person who requested the information. 2: After section 27(5) 6: If an Ombudsman receives a complaint that a local authority has refused to make official information available for any of the reasons specified in section 17(1)(e) to (g), the Ombudsman may notify the Chief Archivist appointed under the Public Records Act 2005.

DLM6405102

2015

Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 2015

1: Title This Act is the Tokelau (Territorial Sea and Exclusive Economic Zone) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977 principal Act 2015-03-26 Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977 4: Section 6 amended (Prohibition of foreign fishing in territorial sea) Replace section 6(2) 2: If a foreign fishing craft is used in contravention of subsection (1), the owner, the master, and every crew member of the craft commit an offence and are each liable on conviction to a fine not exceeding $250,000. 5: Section 8 amended (Control of foreign fishing in zone) Replace section 8(1)(k) k: providing that a breach of any regulation made under this section is an offence and imposing fines as penalties for any such offences, not exceeding,— i: in the case of the owner or master or any other crew member of an unlicensed foreign fishing craft, $500,000; and ii: in the case of the licensee or master or any other crew member of a licensed foreign fishing craft, $250,000: . 6: Section 11 amended (General regulations) In section 11(h) $10,000 $250,000

DLM6387502

2015

Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015

1: Title This Act is the Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 principal Act 2015-06-26 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 4: Section 162 amended (Existing petroleum mining activities involving structures or pipelines) Replace section 162(5) 5: Despite subsection (4), if an application for a marine consent for an activity to which this section applies is lodged with and accepted as complete by the Environmental Protection Authority no less than 9 months before the end of the term of the permit or privilege as it was on the day before this Act came into force, the activity may continue without a marine consent until the application is decided under section 62 and any appeals are determined. 6: Subsections (4) and (5) 7: If an application for a marine consent for an activity to which this section applies was accepted as complete by the Environmental Protection Authority in 2015 before the date of commencement of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015 (whether or not decided under section 62 before that date), subsection (5)

DLM6541802

2015

Imprest Supply (Second for 2015/16) Act 2015

1: Title This Act is the Imprest Supply (Second for 2015/16) Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Repeal of this Act This Act is repealed on the close of 30 June 2016. 2016-07-01 Imprest Supply (Second for 2015/16) Act 2015 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 2015/16 year in advance of appropriation in an Appropriation Act; and b: to authorise capital injections to be made to departments (other than intelligence and security departments) and Offices of Parliament during the 2015/16 year in advance of authorisation under an Appropriation Act. 5: Interpretation 1: In this Act, unless the context otherwise requires,— 2015/16 year capital expenditure section 2(1) expenses department section 2(1) expenses section 2(1) a: capital expenditure incurred by an intelligence and security department; and b: non-departmental capital expenditure incurred in advance of a multi-category appropriation. 2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989 6: Authority to incur expenses 1: Expenses may, during the 2015/16 year, be incurred in advance of appropriation in relation to any Vote. 2: Expenses incurred under subsection (1) 7: Authority to incur capital expenditure 1: Capital expenditure may, during the 2015/16 year, be incurred in advance of appropriation in relation to any Vote. 2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $7,000 million. 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 2015/16 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7A(1) 9: Authority to make capital injections 1: Capital injections may, during the 2015/16 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act. 2: Capital injections made under subsection (1) 10: Authorisation required 1: All capital injections made under section 9(1) 2: Until the coming into force of that Appropriation Act, those capital injections may be made during the 2015/16 year as if they had been authorised in accordance with section 12A

DLM6222902

2015

Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015

1: Title This Act is the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015. 2: Commencement This Act comes into force on 1 July 2015. 1: Preliminary provisions 3: Purpose The purpose of this Act is to allow eligible persons who reside in the Cook Islands, Niue, or Tokelau to be able to apply from either of those countries or that territory for New Zealand superannuation or a veteran’s pension and be paid these benefits in either of those countries or that territory or in other specified Pacific countries. 2: Amendments to enactments 1: Amendments to New Zealand Superannuation and Retirement Income Act 2001 4: Principal Act This subpart amends the New Zealand Superannuation and Retirement Income Act 2001 principal Act 2015-07-01 New Zealand Superannuation and Retirement Income Act 2001 5: Section 8 amended (Residential qualification for New Zealand superannuation) Replace section 8(a) a: is ordinarily resident in New Zealand on the date of application for New Zealand superannuation, unless section 31(4) section 191(4) 6: Section 31 amended (Entitlement to be paid New Zealand superannuation in specified Pacific country) 1: In section 31(1) subsection (3) or subsection (4) 2: After section 31(3) 4: This subsection applies to a person— a: who, on or after the date this subsection comes into force, makes an application to be paid New Zealand superannuation in a specified Pacific country; and b: who is resident in the Cook Islands, Niue, or Tokelau on the date of the application; and c: who, before he or she left New Zealand to reside in one of the countries or in the territory specified in paragraph (b) d: who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be paid to him or her. 5: If subsection (4) applies, an application to be paid New Zealand superannuation in a specified Pacific country must be made in addition to an application to be paid New Zealand superannuation under section 11D of the Social Security Act 1964. 6: The applications referred to in subsection (5) may be made together or separately, and may be made— a: before an applicant meets the age qualification for New Zealand superannuation in section 7, in anticipation of becoming entitled to be paid that benefit on reaching the qualifying age; or b: when or after the applicant meets the age qualification. 7: Section 33 amended (Commencement and termination of payments) 1: Replace section 33(1) 1: The commencement date of payment of a benefit under section 31 is the first pay day after the date of the person’s departure from New Zealand, unless subsection (1A) applies. 2: After section 33(1) 1A: The commencement date of payment of a benefit to a person to whom section 31(4) a: the date that the person meets the age qualification for New Zealand superannuation in section 7; and b: the date that the application referred to in section 31(4) 2: Amendments to Veterans’ Support Act 2014 8: Principal Act This subpart amends the Veterans’ Support Act 2014 principal Act 2015-07-01 Veterans’ Support Act 2014 9: Section 191 amended (Entitlement to be paid veteran’s pension in specified Pacific country) 1: In section 191(1) subsection (2) or (3) or (4) 2: After section 191(3) 4: This subsection applies to a person— a: who, on or after the date this subsection comes into force, makes an application to be paid a veteran’s pension in a specified Pacific country; and b: who is resident in the Cook Islands, Niue, or Tokelau on the date of the application; and c: who, before he or she left New Zealand to reside in one of the countries or in the territory specified in paragraph (b) d: who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be paid to him or her. 5: If subsection (4) 6: The applications referred to in subsection (5) a: before an applicant meets the age qualification for New Zealand superannuation in section 7 of the New Zealand Superannuation and Retirement Income Act 2001, in anticipation of becoming entitled to be paid a veteran’s pension on reaching the qualifying age; or b: when or after the applicant meets the age qualification. 10: Section 193 amended (Commencement and termination of payments) 1: In section 193(1)(b) into force ; and 2: After section 193(1)(b) c: in the case of a person to whom section 191(4) i: the date that the person meets the age qualification for New Zealand superannuation in section 7 of the New Zealand Superannuation and Retirement Income Act 2001; and ii: the date that the application referred to in section 191(4) 3: Amendment to Social Security Act 1964 11: Principal Act This subpart Social Security Act 1964 principal Act 2015-07-01 Social Security Act 1964 12: Section 11D amended (Application process for benefits) After section 11D(9) 9A: Subsection (8) does not apply to an application for— a: New Zealand superannuation, if section 31(4) b: a veteran’s pension, if section 191(4)

DLM6509500

2015

Taxation (New Zealand Superannuation and Retirement Income) Act 2015

1: Title This Act is the Taxation (New Zealand Superannuation and Retirement Income) Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Income Tax Act 2007 amended This Act Income Tax Act 2007 2015-10-23 Income Tax Act 2007 4: Section CW 38 amended (Public authorities) After section CW 38(5)(c) d: a Fund investment vehicle as referred to in section 59A of the New Zealand Superannuation and Retirement Income Act 2001: e: a company that is treated as being wholly owned by the Crown under section HR 4B (Activities relating to New Zealand Superannuation Fund). 5: Section CX 55 amended (Proceeds from disposal of investment shares) 1: Replace section CX 55(1)(b) b: the Crown as owner of the New Zealand Superannuation Fund: bb: a Fund investment vehicle, as referred to in section 59A of the New Zealand Superannuation and Retirement Income Act 2001, that is treated as being wholly owned by the Crown under section HR 4B (Activities relating to New Zealand Superannuation Fund): bc: a company that is treated as being wholly owned by the Crown under section HR 4B: 2: In section CX 55(2)(a) subsection (1)(a) or (b) subsection (1)(a), (b), (bb), or (bc) 6: Section HR 4B replaced (Crown activities through New Zealand Superannuation Fund) Replace section HR 4B HR 4B: Activities relating to New Zealand Superannuation Fund When this section applies 1: This section applies to determine for this Act the rules that determine the amounts of income derived and expenditure incurred by the Crown as owner of the New Zealand Superannuation Fund (the Fund Activities of the Crown relating to Fund 2: Amounts of income derived and expenditure incurred by the Crown in activities relating to the Fund are determined as if the amounts were being derived or incurred by a company (the Fund company Fund investment vehicles 3: The consolidation rules, continuity provisions, and other rules relating to groups of companies apply to the Crown as owner of the Fund, to a Fund investment vehicle as referred to in section 59A of the New Zealand Superannuation and Retirement Income Act 2001, and to a company in which the Guardians of New Zealand Superannuation (the Guardians a: the Crown were the Fund company; and b: interests in the Fund investment vehicle or company held by the Guardians were owned by the Crown as the Fund company. amount, company, consolidation rules, continuity provisions, group of companies, income, public authority, special corporate entity 7: Schedule 29 amended (Portfolio investment entities: listed investors) In Schedule 29 4: The Crown as owner of the New Zealand Superannuation Fund. 4B: A Fund investment vehicle, as referred to in section 59A of the New Zealand Superannuation and Retirement Income Act 2001, that is treated as being wholly owned by the Crown under section HR 4B. 4C: A company that is treated as being wholly owned by the Crown under section HR 4B.

DLM5219201

2015

Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015

1: Title This Act is the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015. 2: Commencement This Act comes into force on the 28th day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Films, Videos, and Publications Classification Act 1993 principal Act 2015-05-07 Films, Videos, and Publications Classification Act 1993 4: Section 124 amended (Offences involving knowledge in relation to objectionable publications) In section 124(2)(a) 10 years 14 years 5: Section 131 amended (Offence to possess objectionable publication) 1: In section 131(1) Subject to subsections (4) and (5), every Every 2: After section 131(1) 1A: Subsection (1) is subject to subsections (4) and (5). 3: After section 131(2) 2A: A person can have an electronic publication in that person's possession for the purposes of subsection (1) even though that person's actual or potential physical custody or control of the publication is not, or does not include, that person intentionally or knowingly using a computer or other electronic device to save the publication (or a copy of it). 2B: Electronic publication 2C: Subsection (2A) is for the avoidance of doubt, and does not limit subsection (1). 6: Section 131A amended (Offences relating to possession of objectionable publications and involving knowledge) In section 131A(2)(a) 5 years 10 years 7: New section 132B inserted (Presumption of imprisonment for repeat offenders) After section 132A 132B: Presumption of imprisonment for repeat offenders 1: This section applies only to an offender who— a: has been convicted of and is to be sentenced in respect of a specified publications offence committed after the commencement of this section (the repeat offence b: before the repeat offence was committed and the conviction for it was entered, had both committed and been convicted of 1 or more specified publications offences committed before or after that commencement. 2: An offence is a specified publications offence for the purposes of subsection (1) only if— a: the offence is one against a provision specified in section 132A(1)(a) to (e); and b: the publication that was the subject of the offence does (to any extent) any or all of the things specified in section 132A(2)(a) to (c). 3: In deciding for the purposes of subsection (2)(b) whether a publication is objectionable because it does (to any extent) any or all of the things specified in section 132A(2)(a) to (c), the court must have regard,— a: if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38, or by the Board, under section 55; and b: if the publication has been referred to the Classification Office under section 29(1) or section 41(3), to the report provided by the Classification Office to the court under section 30. 4: The offender must be sentenced for the repeat offence to a sentence of imprisonment (within the meaning of the Sentencing Act 2002) unless the court considers that the offender should not be so sentenced, having regard to— a: the particular circumstances of the repeat offence; and b: the particular circumstances of the offender (including, without limitation, his or her age if he or she is under 20 years of age). 5: This section overrides, as they apply to the repeat offence, all inconsistent provisions in the Sentencing Act 2002. 8: Sections 144 and 145 replaced Replace sections 144 145 144: Attorney-General's consent required for private prosecutions of certain publications offences No private prosecution (as defined in section 5 of the Criminal Procedure Act 2011) for an offence against all or any of the provisions of the following sections can be commenced without the Attorney-General's consent: a: sections 123 to 129 (offences involving objectionable or restricted publications): b: section 131 (offence to possess objectionable publication): c: section 131A (offences relating to possession of objectionable publications and involving knowledge): d: section 133 (contravention of serial publication order or interim restriction order).

DLM6403702

2015

Local Government (Auckland Council) Amendment Act 2015

1: Title This Act is the Local Government (Auckland Council) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Local Government (Auckland Council) Act 2009 principal Act 2015-03-26 Local Government (Auckland Council) Act 2009 4: Section 46 amended (Functions and powers of Auckland Transport acting as local authority or other statutory body) 1: Repeal section 46(1)(b) 2: In section 46(1)(d) sections 591, 591A, and 684 section 591 3: Replace section 46(1)(f) f: the functions and powers of an enforcement authority under the Land Transport Act 1998 in relation to prosecuting infringement offences under that Act that relate to— i: the use of special vehicle lanes within Auckland: ii: a failure to pay a public transport service fare: . 4: In section 46(3) subsection (1)(f) subsection (1) (f)(i)

DLM6404931

2015

Trade in Endangered Species Amendment Act 2015

1: Title This Act is the Trade in Endangered Species Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Trade in Endangered Species Act 1989 principal Act 2015-03-26 Trade in Endangered Species Act 1989 4: Section 38 amended (Powers of search) 1: In section 38(2) on application made in the manner provided in subpart 3 of Part 4 of that Act on application made by an officer in the manner provided in subpart 3 of Part 4 of that Act 2: In section 38(2) may issue a search warrant to that officer may issue a search warrant to every officer named in the warrant

DLM6581600

2015

Tax Administration Amendment Act 2015

1: Title This Act is the Tax Administration Amendment Act 2015. 2: Commencement This Act comes into force on 1 October 2015. 3: Principal Act This Act Tax Administration Act 1994 principal Act 2015-10-01 Tax Administration Act 1994 4: Section 3 amended (Interpretation) 1: This section amends section 3(1) 2: Insert, in its appropriate alphabetical order: bank account a: that the person holds with a registered bank, or with a licensed NBDT as defined in section 4 of the Non-bank Deposit Takers Act 2013; and b: for which the relevant reporting entity, under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act 3: Insert, in their appropriate alphabetical order: offshore person a: for an individual,— i: a New Zealand citizen who is outside New Zealand and has not been in New Zealand within the last 3 years: ii: a person who holds a residence class visa granted under the Immigration Act 2009, and who is outside New Zealand and has not been in New Zealand within the last 12 months: iii: a person who is not a New Zealand citizen and who does not hold a residence class visa granted under the Immigration Act 2009: b: for a body corporate or an unincorporated body of persons, including a trust or a unit trust, a person who would be an overseas person under section 7(2)(b) to (f) of the Overseas Investment Act 2005, treating references to an overseas person or persons in that section as including a person or persons described in paragraph (a) tax file number 5: New heading and section 24BA inserted (Offshore persons’ bank accounts and tax file numbers) After section 24 Offshore persons’ bank accounts and tax file numbers 24BA: Offshore persons’ bank accounts and tax file numbers 1: The Commissioner must not allocate a tax file number in response to an offshore person’s request unless the Commissioner first receives a current bank account number for the offshore person. 2: A person must give their current bank account number to the Commissioner immediately if–– a: the person has a tax file number; and b: the person becomes, after 1 October 2015, an offshore person under paragraph (b) offshore person c: the person has not yet provided their current bank account number to the Commissioner. 6: Section 81 amended (Officers to maintain secrecy) After section 81(4)(u) v: communicating to the chief executive, or an authorised employee, of Land Information New Zealand under section 156J subsection (1) of that section

DLM6603602

2015

Limited Partnerships Amendment Act 2015

1: Title This Act is the Limited Partnerships Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Limited Partnerships Act 2008 principal Act 2015-11-07 Limited Partnerships Act 2008 4: Section 79 amended (Disclosure of information and reports) In section 79(1B) law enforcement purposes v: any offence that is punishable by imprisonment for a term of 5 years or more and includes any act, wherever committed, that if committed in New Zealand would constitute an offence punishable by imprisonment for a term of 5 years or more:

DLM6576302

2015

Te Aupouri Claims Settlement Act 2015

1: Title This Act is the Te Aupouri Claims Settlement Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary matters, acknowledgements and apology, and settlement of Te Aupouri historical claims Preliminary matters 3: Purpose The purpose of this Act is— a: to record the acknowledgements and apology offered by the Crown to Te Aupouri in the deed of settlement; and b: to give effect to certain provisions of the deed of settlement, which is a deed that settles the historical claims of Te Aupouri. 4: Provisions to take effect on settlement date 1: The provisions of this Act take effect on the settlement date unless a provision states otherwise. 2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— a: the provision to have full effect on that date: b: a power to be exercised under the provision on that date: c: an obligation to be performed under the provision on that date. 5: Act binds the Crown This Act binds the Crown. 6: Outline 1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. 2: This Part a: sets out the purpose of this Act; and b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and c: specifies that this Act binds the Crown; and d: sets out a summary of the historical account, and records the text of the acknowledgements and apology offered by the Crown to Te Aupouri, as recorded in the deed of settlement; and e: defines terms used in this Act, including key terms such as Te Aupouri and historical claims; and f: provides that the settlement of the historical claims is final; and g: provides for— i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and ii: a consequential amendment to the Treaty of Waitangi Act 1975 iii: the effect of the settlement on certain memorials; and iv: the exclusion of the limit on the duration of a trust v: access to the deed of settlement. 3: Part 2 a: in subpart 1 b: cultural redress that does not involve the vesting of land, namely,— i: in subpart 2 ii: in subpart 3 iii: in subpart 4 iv: in subpart 5 v: in subpart 6 vi: in subpart 7 4: Part 3 a: in subpart 1 b: in subpart 2 c: in subpart 3 d: in subpart 4 5: Part 4 6: There are 6 schedules, as follows: a: Schedule 1 b: Schedule 2 c: Schedule 3 d: Schedule 4 e: Schedule 5 f: Schedule 6 Section 6(2)(g)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical background 7: Summary of historical background to claims by Te Aupouri The historical account recorded in part 3 of the deed of settlement is summarised as follows: 1: The tino rangatiratanga of Te Aupouri extends from Te Oneroa-a-Tohe (Ninety Mile Beach) on the west coast to Tokerau (Great Exhibition Bay) on the east coast, from Ngāpae (Waipapakauri Ramp) in the south to Te Rerenga Wairua (Cape Reinga) in the north. Traditional Te Aupouri life was regulated by their tikanga and whakapapa, and closely linked to the seasonal cycles of their coastal environment. 2: Te Aupouri were signatories of both he Whakaputanga (the Declaration of Independence) and te Tiriti o Waitangi (the Treaty of Waitangi). 3: In 1842, a schooner ran aground at Ahipara and local Māori, according to their tikanga, claimed goods from the wreck as a gift from Tangaroa. When the schooner's owner sought compensation, the Crown insisted that land should be given. Eventually 2 482 acres south of Houhora, far from where the ship grounded, was signed over. In 1861, the Crown granted 1 000 acres to the schooner’s owner and claimed the remaining 1 482 acres as surplus 4: In 1858, the Crown made the largest purchase in the Muriwhenua district, of over 100 000 acres in the Te Aupouri rohe. The Crown agent in charge of the purchase deliberately underestimated the acreage and the Crown was aware that it acquired the block for a very low price. Only one very small reserve was created from this purchase. Te Aupouri protested about the wrongful inclusion of an area at the northern boundary for many years but it was not returned to them until 40 years after the purchase. 5: After the Native Land Court system was established in the 1860s, Māori needed a freehold title from the court in order to sell or lease land, or borrow money for land development. This often left Māori with few options other than selling some of their interests in order to secure and protect an area on which to sustain their families. In the 1870s, the court awarded Te Aupouri interests in various land blocks naming only 10 persons, who were not required to act as trustees for the wider iwi, as owners of each block. This contributed to land alienation and conflict between whanaunga. With the loss of most of their land and limited ability to develop the land that remained, Te Aupouri people became dependent on gum digging and gum traders, caught in a cycle of debt, poverty and deprivation. 6: Te Aupouri predominantly lived on Pārengarenga lands, which remained in traditional ownership until the mid-1890s. In 1896, the court awarded Te Aupouri the majority of the block but high survey costs left the owners with substantial debt. Following investigation, the Crown agreed to pay off the debt and the land was vested in the Tokerau Māori Land Council (later Board). 7: The Tokerau Māori Land Board leased out most of the Pārengarenga lands to gum traders and graziers. Although the rents received had repaid the debts on the land by 1910, the lands did not return to owner control for many decades in order to protect the interests of the lessees and Te Aupouri were left with barely enough land to subsist on. 8: After the gum market collapse in the 1920s, the Native Minister was advised of the impoverished state of Te Aupouri, and the misfortunes they have suffered through the leases arranged by the Board 9: In the 1950s, the Crown proposed to develop the Pārengarenga block into 92 dairy farms for local owners to then purchase. To gain control over the land the Crown compulsorily acquired all interests considered uneconomic 10: In the 1960s, the Crown and Te Aupouri both contributed land to the development of the Aupouri State Forest. By 1983, forestry had become the main source of local employment. Employment opportunities declined after the commercial arm of the Forest Service became a state enterprise in 1987. Cutting rights were sold and companies contracted their own staff, which meant that many Te Aupouri lost their jobs. 11: Throughout the twentieth century, Te Hiku o Te Ika was one of the most deprived regions in Aotearoa. There were high rates of infant and child mortality among Te Aupouri, with one-quarter of children born in 1928 dying before the age of five, primarily due to poverty-related illness. The Crown used schools as a means of assimilating Māori into European culture and it was common for Māori children to be punished if they used te reo Māori. The survival of te reo Māori, especially the Te Aupouri dialect, as a living language within Te Aupouri is seriously threatened. 12: The Crown's actions and omissions left many Te Aupouri without sufficient land for their needs, resulting in many leaving their rohe to survive. Only a few remain to uphold kaitiakitanga responsibilities for their wāhi tapu, wāhi mahinga kai, marae and tikanga. Te Aupouri have lacked opportunities for economic and social development and endured extreme poverty and poor health. This has devastated Te Aupouri social structures, culture, heritage, traditional knowledge and identity. Ko Tawhitirahi te maunga, ko Te Awapoka te awa, ko Pārengarenga te moana, ko Pōtahi te marae, ko Te Kao te kāinga, ko Te Aupouri te iwi 1: Ka totoro mai te tino rangatiratanga o te iwi o Te Aupouri i Te Oneroa-ā-Tohe ki te taha hauāuru, tae noa ki Tokerau ki te taha rāwhiti, mai anō i Ngāpae i te tonga tae atu ki Te Rerenga Wairua ki te raki. Ko te āhua o te noho o te iwi o Te Aupouri nō namata, he mea whakaritea i raro i ngā tikanga me ngā whakapapa, me ōna hononga ki ngā huringa o te wā, me o rātou taiao takutai. 2: I waetohua e Te Aupouri te He Whakaputanga me Te Tiriti o Waitangi. 3: I te tau 1842 i totohu tētahi kaipuke i Ahipara, nā i raro i ngā tikanga o te haukāinga o taua wā, i āhei kia riro e te iwi o reira ngā taonga i taka mai i taua kaipuke, ā ki a rātou he tākoha ēnei he mea tuku mai nā Tangaroa. Nā ka tonoa e te tangata nōna te kaipuke nei, kia utua e te Karauna te kamupeihana ki ā ia, ka kī mai rātou me hoatu he whenua. Ka pou haere te wā, ka tukuna e te Karauna i te 2 482 eka, nō te takiwā o Houhora ki te tonga, he mea tawhiti mai i te wāhi i totohu ai taua kaipuke. I te tau 1861 i tukuna e te Karauna te 1 000 eka ki te tangata nōna te kaipuke rā, ka puritia kia 1 482 eka, hei toenga whenua. 4: I te tau 1858 ka hokona mai e te Karauna i te 100 000 eka whenua kei te takiwā o Muriwhenua, i te rohe o Te Aupouri. Nā te āpiha o te Karauna o taua wā i āta whakaiti te rahinga o ngā eka whenua, me te mōhio noki o te Karauna ki te iti o te utu. Nā, kotahi noa iho te wāhi i rāhuingia mai te hokonga o ngā whenua nei. I porotēhe e Te Aupouri i te urunga hē o tētahi takiwa i te rohe tokerau nā ka pou te 40 tau no muri mai i te hokonga, kātahi anō aua whenua ka whakahokia mai ki Te Aupouri. 5: No muri mai i te whakatūnga o te Kooti Whenua Māori i nga tau 1860, me whai taitara te Māori mai i te Kooti, kia āhei ia ki te hoko, ki te rīhi, ki te whakamahi raini i aua whenua. Ka pēhea raini, ka hokona atu e te Māori ētahi o ā rātou pānga kia taea te pupuri ētahi atu hei oranga mo ō rātou whānau ake. I ngā tau o 1870, i whakawhiwhia e Te Kooti Whenua Māori kia taka mai he pānga i raro i Te Aupouri mai ngā poraka maha, tekau noa iho ngā tāngata i whakamanahia e te Kooti, kia āhei te kī, no rātou ake, ērā whenua. Ka tupu ake te tāpaetanga whenua me te raruraru i waenganui te iwi. Nā te ngarotanga o te nuinga o a rātou whenua, me te kore whai putea hei whakamahi i aua toenga whenua, i huri te iwi o Te Aupouri ki te keri me te hoko kāpia, hei utu i a rātou nama, nā ka noho rawa kore, noho pōhara me te kore whai rawa. 6: Mō te wā roa i noho a Te Aupouri i runga i ngā whenua o Parengarenga, me te mea anō, ka mau tonu te rangatiratanga nō namata, ā tae noa ki waenga i ngā tau 1890. Nō te tau 1896, i whakawhiwhia e te Kooti kia taka mai te nuinga o taua poraka whenua, ki raro i Te Aupouri, heoi anō nā te kaha nui o ngā utu mo te ruri whenua, i noho nama tonu ai ngā rangatira. Nō muri mai ka whakaae te Karauna kia utua taua nama, ka tukuna mai taua whenua ki Te Kaunihera Whenua Māori o Tokerau (nō muri mai ka tohua ko te Poari). 7: Nā, i rīhingia te nuinga o ngā whenua o Parengarenga e Te Poari Whenua Māori o Tokerau ki ngā kaihoko kāpia me ngā kaimahi kau. Ahakoa nā te whiwhi reti i ea kē ngā nama o aua whenua tae atu ki te tau 1910, kīhai kē aua whenua i whakahokia mai ki te iwi mo ngā tau e hia nei te roa, o muri mai. Nā rātou i pērā mārika hei tiaki kē i ngā pānga o ngā kairīhi, ā ka mahue ki Te Aupouri he iti noa nei te whenua hei oranga. 8: Nō muri mai te hingatanga o te mākete kāpia i ngā tau 1920, i tae te rongo ki te Minita Iwi Taketake, mō te pōhara o te noho o te iwi o Te Aupouri, ā me ngā aituā i pā ki a rātou nā ngā rīhi i whakaritea e te Poari 9: I ngā tau 1950 i meingahia e te Karauna kia whakawehea te Poraka o Parengarenga ā ka whakatūngia kia 92 ngā pāmu miraka kau hei hokotanga atu ki ngā rangatira haukāinga mā rātou ērā pāmu e mahi. Kia riro ai te mana o te whenua, i tangohia ā-ture e te Karauna pānga whenua i tautetia he ōhangakore 10: I ngā tau 1960, i kohia ngātahitia e te Karauna me Te Aupouri he whenua mō te hanga i Te Ngahere Karauna o Te Aupouri. Tae rawa atu ki te tau 1983, he maha ngā tāngata e mahi ana ki taua ngahere. Nō muri mai i te whitinga o Te Tari Ngahere hei Kōporeihana i te tau 1987, ka mimiti haere ngā mahi angitu. I hokona ngā tika poroporo rākau, ā ka tuku kirimana ngā kamupene ki ō rātou ake kaimahi, mahue mai te maha o te iwi o Te Aupouri e noho kore mahi nei. 11: Mō te roanga ake o te rau tau rua tekau, i tohua ko Te Hiku o Te Ika tētahi rohe pōhara rawa atu huri noa i Aotearoa. He rahi ngā pēpi me ngā taitamariki e matemate ana i roto i Te Aupouri, me te hauwhā anō o ngā tamariki i whānau mai i te tau 1928 i mate mai i mua i te taenga atu ki te rima tau, nā ko ngā māuiui pōharatanga, te take matua. I whakaurua e te Karauna o rātou kaupapa whakahanumi ki roto i ngā kura, he mea tēnei kia ōrite ai ngā Māori ki te ahurea o Tauiwi, nā me te maha anō o ngā tamariki i patua mō te kōrero Māori te take. Nā roto i tēnei āhua, ka kitea kua hanga memeha haere te mita o te reo o Te Aupouri hei reo mataora. 12: Nā ngā whakahau, ngā mahi huna me ngā hēnga a te Karauna, i noho pōhara nei te nuinga o Te Aupouri, te iti noa nei ngā whenua hei whakaora i a rātou anō, maiatanga ake i wehe atu te nuinga ki ngā taone rapu oranga ai mō rātou. Mahue mai he tōtoru noa iho te hunga i noho mai ki te haukāinga, pupuri nei te ahi kā, hei kaitiaki i ngā wāhi tapu, i ngā mahinga kai, i te marae me o rātou tikanga. Kua roa nei te wā horekau Te Aupouri i whai rawa, i whai kaha ki te uru atu ki roto i te ao ōhanga, hei whakapakari i ā ia anō nā te kaha pōhara me te kaha ngoikore te taha ki ngā mahi hauora. Nā konei, i anea kau a Te Aupouri me āna mahi hāpori, ngā mahi ahurea, ōna tikanga me ōna whakapapa, ngā mātauranga tūturu me ngā tuakiri. 8: Acknowledgements and apology Sections 9 10 9: Acknowledgements 1: The Crown acknowledges it has failed to deal in a satisfactory way with grievances raised by successive generations of Te Aupouri and that recognition of these grievances is long overdue. 2: The Crown acknowledges— a: the special significance of Te Oneroa-a-Tohe to Te Aupouri and its fundamental importance to their spiritual, cultural, and material well-being; and b: that the health of Te Oneroa-a-Tohe has declined over time; and c: that the Crown has failed to respect, provide for, and protect the special relationship of Te Aupouri to Te Oneroa-a-Tohe. Land transactions pre-1865 3: The Crown acknowledges that Crown actions in the period up to 1865 led to Te Aupouri losing a number of significant areas of land through Crown purchases and a forced cession. The Crown also acknowledges that the length of time it took the Crown finally to decide not to claim some 60 000 acres of land from the 1840 Taylor transaction as surplus created a period of uncertainty for Te Aupouri. 4: The Crown acknowledges that— a: in 1844, the Crown pressured Māori to cede land at East Beach to compensate a settler for the goods Māori had removed from his schooner when it grounded at Ahipara on the west coast and failed to investigate the customary interests in the land that was ceded; and b: this process for determining reparation was prejudicial to Te Aupouri and caused the alienation of land in which they had interests and this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. 5: The Crown acknowledges that, in acquiring the Muriwhenua South and Wharemaru blocks in 1858, it failed actively to protect the interests of Te Aupouri and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles when it— a: failed to set aside sufficient reserves for Te Aupouri; and b: completed the purchase on the basis of the price agreed when the Muriwhenua South block was thought to be half its actual size. 6: The Crown also acknowledges that— a: it acquired the Muriwhenua South block for a very low price and the benefits it led Te Aupouri to expect from the sale did not materialise; and b: it failed to protect the single 100-acre reserve set aside from the Muriwhenua South transaction; and c: the northern boundaries of the Muriwhenua South block were not properly defined, which created uncertainty and tension. 7: The Crown acknowledges that its failure for more than 40 years to investigate fully and rectify the wrongful inclusion of 460 acres of the Wairahi land adjacent to the Muriwhenua South block deprived Te Aupouri whānau of their kāinga and valuable land and was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. 8: The Crown acknowledges that it breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles when it took Motuopao Island for a lighthouse reserve in 1875, despite having notified the Native Land Court in 1870 that it would not claim this land as surplus. Operation and impact of native land laws 9: The Crown acknowledges the impact of the operation of native land laws in the nineteenth century on Te Aupouri, in particular, that— a: the Crown's imposition of a new land tenure system allowed title determination to proceed on the application of individuals. The individualisation of land tenure made Te Aupouri land more susceptible to partition, fragmentation, and alienation and this eroded the traditional tribal structures and land ownership systems of Te Aupouri and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and b: between 1871 and 1875, Te Aupouri were awarded interests in 4 land blocks granted in the names of only 10 owners but the operative legislation contained no provisions that required the owners to act as trustees for the wider groups of owners and the subsequent alienation of these lands caused hardship and conflict within Te Aupouri; and c: the Crown's failure actively to protect the interests of Te Aupouri in land they might otherwise have wished to retain in communal ownership was a further breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. This failure was compounded by the Crown's failure to provide a means for the collective administration of Te Aupouri land until 1894. 10: The Crown acknowledges that— a: by the mid 1890s most of the remaining Te Aupouri land interests lay in the Pārengarenga lands, which remained in customary ownership; and b: the Native Land Court determined title to the Pārengarenga and Pakohu blocks, in 1896, on the application of an individual; and c: in 1896, the court awarded undivided interests in both blocks of 59 621 acres to 564 individuals including Te Aupouri and both blocks were soon partitioned; and d: the survey costs were high and left the owners with a substantial debt; and e: the Crown used special legislation to vest the Pārengarenga and Pakohu blocks in the Tokerau Māori Land Council in 1904 to protect these lands from a forced sale process for debt recovery; and f: although the original survey debts were paid by 1910, the Tokerau Māori Land Board retained control of and leased out much of the lands for many decades; and g: this deprived Te Aupouri of their rights as owners to full control of the administration of their own land at Pārengarenga and reduced the land available for Te Aupouri use to 3 small reserves at Pārengarenga and Te Kao, which contributed greatly to their impoverishment; and h: the Crown breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles when it failed to return control of the Pārengarenga and Pakohu blocks to the owners after the debts had been cleared on the blocks and by failing to ensure that Te Aupouri retained sufficient land for their present and future needs while the lands remained in board control. 11: The Crown acknowledges that, between 1953 and 1974, it empowered the Māori Trustee compulsorily to acquire Te Aupouri land interests in the Pārengarenga blocks that the Crown considered uneconomic. The Crown acknowledges that this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles and caused many Te Aupouri to lose their tūrangawaewae and whenua tuku iho. Development assistance 12: The Crown acknowledges that Crown assistance to Te Aupouri for farming and development came many years after it was made available for lands held in individualised title. 13: The Crown acknowledges that it established the dairy scheme at Te Kao to help alleviate the levels of poverty evident amongst Te Aupouri by the early twentieth century and that this scheme was later administered by the Crown as a development scheme. 14: The Crown further acknowledges that its administration of development schemes did not meet the positive outcomes that Te Aupouri were led to expect, in particular, that— a: the Crown effectively deprived many Te Aupouri owners of the control of their remaining land over a number of decades in the twentieth century through its administration of development schemes, particularly at Te Kao; and b: ultimately the Crown's partitioning of these lands into farming units in combination with the costs of development the Crown charged against the individual farm units created unsustainable levels of debt for many farmers, which led to further alienation. Socio-economic consequences 15: The Crown acknowledges that— a: the cumulative effects of Crown actions and omissions left many Te Aupouri without sufficient suitable land for their needs and this was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and b: Te Aupouri have lacked opportunities for economic and social development in their rohe and endured extreme poverty and poor health; and c: this deprivation adversely affected Te Aupouri cultural frameworks, the ability to exercise customary rights and responsibilities, has been detrimental to their material, cultural, and spiritual well-being, and has led many to leave the rohe; and d: today fewer than 300 Te Aupouri live in Te Kao. 16: The Crown acknowledges the harm endured by many Te Aupouri children from decades of Crown policies that strongly discouraged the use of te reo Māori in schools and sometimes led to the punishment of children who did use the language. The Crown also acknowledges the detrimental effects of its policies on Māori language proficiency and fluency and their impact on the inter-generational transmission of te reo Māori and knowledge of tikanga Māori practices. 17: The Crown acknowledges that Te Aupouri experienced a lack of access to reasonable healthcare in the past and that this had a detrimental effect on Te Aupouri whānau health and well-being. 18: The Crown acknowledges that Te Aupouri have honoured their obligations under te Tiriti o Waitangi/the Treaty of Waitangi throughout the generations and have made significant contributions to the development and wealth of the nation, including helping to meet the nation's defence obligations through overseas service during the twentieth century. 10: The Crown's apology to Te Aupouri 1: The Crown apologises to the iwi of Te Aupouri, to their tūpuna and to their descendants. The Crown is deeply sorry that the promise of a Treaty-based relationship with Te Aupouri has not been fulfilled. The Crown apologises for its failure to protect Te Aupouri land interests, the resulting lack of economic benefits, and the Crown's neglect of Te Aupouri welfare. As a result, Te Aupouri were thoroughly marginalised, culturally, socially and economically, by the end of the nineteenth century. 2: The Crown recognises that even those policies that were intended to enable Te Aupouri to retain land and provide development opportunities prevented Te Aupouri from using their land for long periods, and ultimately led to the loss of land and autonomy. The Crown apologises for that and for the devastating consequences of its Treaty breaches, which continue to be felt by Te Aupouri today, including the decline of te reo Māori and tikanga. The Crown profoundly regrets its breaches of te Tiriti o Waitangi/the Treaty of Waitangi, which have adversely affected Te Aupouri cultural frameworks, and the ability to exercise customary rights and responsibilities and to succeed economically. The physical, cultural, and spiritual well-being of Te Aupouri has suffered greatly as a result. 3: The Crown unreservedly apologises for not having honoured its obligations to Te Aupouri under te Tiriti o Waitangi/the Treaty of Waitangi. Through this settlement, the Crown seeks to atone for its wrongs and looks forward to building a new relationship with Te Aupouri based on mutual trust, shared decision-making, co-operation, and respect for te Tiriti o Waitangi/the Treaty of Waitangi and its principles. Interpretation 11: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 12: Interpretation In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Aupouri Forest section 138 commercial property section 138 commercial redress property section 138 common marine and coastal area section 9(1) computer register a: has the meaning given in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 138 Crown forestry licence section 138 cultural redress property section 22 deed of settlement a: means the deed of settlement dated 28 January 2012 and entered into— i: by the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, the Honourable Dr Pita Sharples, Minister of Māori Affairs, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and ii: by Raymond Subritzky, Waitai Ratima Petera, Ebony Mereana Duff, Peter-Lucas Kaaka Jones, Tui Elizabeth Kapa, Hugh Acheson Karena, Louise Kathleen Mischewski, and Massey Maahia Nathan as the trustees of the Te Rūnanga Nui o Te Aupouri Trust, for Te Aupouri; and b: includes— i: the schedules of, and attachments to, the deed; and ii: any amendments to the deed, or to its schedules and attachments Director-General documents schedule effective date historical claims section 14 interest korowai subpart 3 LINZ local authority section 5(1) member of Te Aupouri section 13 NgāiTakoto Te Rūnanga o NgāiTakoto sections 12 13 Ngāti Kahu Ngāti Kahu governance entity Ngāti Kuri section 13 Peninsula Block section 138 property redress schedule regional council Part 1 Registrar-General section 4 representative entity a: the trustees of Te Rūnanga Nui; and b: any person (including any trustee) acting for, or on behalf of,— i: the collective group referred to in section 13(1)(a) ii: 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 13(1)(b) iii: 1 or more members of Te Aupouri reserve section 2(1) reserve property section 22 resource consent section 2(1) RFR subpart 4 RFR date RFR land balance RFR land RFR period exclusive RFR land shared RFR land section 154 settlement date statutory acknowledgement section 111 Te Aupouri section 13 Te Aupouri area of interest area of interest Te Hiku o Te Ika iwi— a: means any or all of the following: i: Ngāti Kuri: ii: Te Aupouri: iii: NgāiTakoto: iv: Te Rarawa; and b: includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 2 Te Hiku o Te Ika iwi governance entities governance entities a: mean the governance entity of any or all of the following: i: Ngāti Kuri: ii: Te Aupouri: iii: NgāiTakoto: iv: Te Rarawa; and b: include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 2 Te Kāhui Kaitiaki Rangatiratanga o Te Aupouri Limited Te Manawa O Ngāti Kuri Trust section 12 Te Rarawa Te Rūnanga o Te Rarawa sections 12 13 Te Rūnanga Nui o Te Aupouri Trust Te Rūnanga Nui tikanga tikanga Te Aupouri trustees of Te Rūnanga Nui trustees 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: b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday: c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 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 13: Meaning of Te Aupouri 1: In this Act, Te Aupouri a: the collective group composed of individuals referred to in paragraph (c); and b: every whānau, hapū, or group to the extent that it is composed of individuals referred to in paragraph (c); and c: every individual descended from a Te Aupouri tūpuna. 2: In this section and section 14 customary rights a: rights to occupy land; and b: rights in relation to the use of land or other natural or physical resources descended a: birth: b: legal adoption: c: Māori customary adoption in accordance with the tikanga of Te Aupouri Te Aupouri tūpuna a: by virtue of being descended from the children of the marriages of Te Ikanui with Tihe and Kohine, being Te Heitiki, Tūpuni, Tonga, Te Kāka, Mānga, Pūwai, Te Matakau, and Te Mai; and b: predominantly in relation to the Te Aupouri area of interest at any time after 6 February 1840. 14: Meaning of historical claims 1: In this Act, historical claims a: means the claims described in subsection (2); and b: includes the claims described in subsection (3); but c: does not include the claims described in subsection (4). 2: The historical claims are every claim that Te Aupouri or a representative entity had on, or at any time before, the settlement date, or may have after the settlement date, and that— a: is founded on a right arising— i: from te Tiriti o Waitangi/the Treaty of Waitangi or its principles; or ii: under legislation; or iii: at common law (including aboriginal title or customary law); or iv: from a fiduciary duty; or v: otherwise; and b: arises from, or relates to, acts or omissions before 21 September 1992— i: by, or on behalf of, the Crown; or ii: by or under legislation. 3: The historical claims include— a: a claim to the Waitangi Tribunal that relates exclusively to Te Aupouri or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim: i: Wai 643 (Te Kao Blocks 76 and 77B); and ii: Wai 737 (Te Rūnanga o Te Aupouri); and iii: Wai 1442 (Te Kao Block 84); and iv: Wai 1663 (Te Kao Block 34); and b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Te Aupouri or a representative entity: i: Wai 22 (Muriwhenua Fisheries and SOE claim); and ii: Wai 45 (Muriwhenua Land); and iii: Wai 82 (Pingongo Pā—Parish of Omanaia claim); and iv: Wai 249 (Ngapuhi Nui Tonu claim); and v: Wai 292 (Te Kao School and telephone exchange); and vi: Wai 712 (Nga Puhi Nui Tonu Property Rights claim); and vii: Wai 765 (Muriwhenua South Block and Part Wharemaru Block claim); and viii: Wai 861 (Tai Tokerau District Maori Council Lands); and ix: Wai 1359 (Muriwhenua Land Blocks claim); and x: Wai 1662 (Muriwhenua Hapū Collective claim); and xi: Wai 1847 (Ngāti Kuri and Te Aupouri (Francis Brunton) claim); and xii: Wai 1980 (Parengarenga 3G Block claim); and xiii: Wai 2000 (Harihona Whanau claim). 4: However, the historical claims do not include— a: a claim that a member of Te Aupouri, or a whānau, hapū, or group referred to in section 13(1)(b) b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a). 5: This section applies to a historical claim, whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the settlement date. Historical claims settled and jurisdiction of courts, etc, removed 15: Settlement of historical claims final 1: The historical claims are settled. 2: The settlement of the historical claims is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. 3: Subsections (1) and (2) do not limit the deed of settlement. 4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including, without limitation, the jurisdiction to inquire or further inquire into, or to make a finding or recommendation) in respect of— a: the historical claims; or b: the deed of settlement; or c: this Part Parts 2 to 4 d: the redress provided under the deed of settlement or this Part Parts 2 to 4 5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Part Parts 2 to 4 Amendment to Treaty of Waitangi Act 1975 16: Amendment to Treaty of Waitangi Act 1975 1: This section amends the Treaty of Waitangi Act 1975 2: In Schedule 3, insert in its appropriate alphabetical order Te Aupouri Claims Settlement Act 2015 section 15(4) and (5) 2015-09-23 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply 17: Certain enactments do not apply 1: The enactments listed in subsection (2) do not apply— a: to a cultural redress property; or b: to a commercial property (if any), on and from the date of its transfer to the trustees; or c: to a commercial redress property; or d: to the exclusive RFR land, or the shared RFR land on and from the RFR date for the land; or e: for the benefit of Te Aupouri or a representative entity of Te Aupouri. 2: The enactments are— a: Part 3 b: sections 568 to 570 c: Part 3 d: sections 27A to 27C e: sections 8A to 8HJ Section 17(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020 18: When resumptive memorials must be cancelled 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the certificate of title or computer register for, each allotment— a: that is all, or part of a cultural redress property, commercial redress property, a commercial property (if any), or RFR land; and b: that is contained in a certificate of title or computer register that has a resumptive memorial entered under any enactment listed in section 17(2) 2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after— a: the settlement date, for a cultural redress property or a commercial redress property; or b: the RFR date applying to— i: the exclusive RFR land: ii: the shared RFR land; or c: the date of transfer of the property to the trustees, for a commercial property (if any). 3: Each certificate must state that it is issued under this section. 4: As soon as is reasonably practicable after receiving the certificate, the Registrar-General must— a: register the certificate against each certificate of title or computer register identified in the certificate; and b: cancel each memorial entered under any enactment referred to in section 17(2) Miscellaneous matters 19: Limit on duration of trusts does not apply 1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 a: do not prescribe or restrict the period during which— i: Te Rūnanga Nui o Te Aupouri Trust may exist in law; or ii: the trustees may hold or deal with property or income derived from property; and b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. 2: However, if Te Rūnanga Nui is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019 20: Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice. 21: Provisions of other Acts that have same effect If a provision in this Act has the same effect as a provision in 1 or more of the Ngāti Kuri Claims Settlement Act 2015 the NgāiTakoto Claims Settlement Act 2015 the Te Rarawa Claims Settlement Act 2015 2: Te Aupouri cultural redress 1: Vesting of cultural redress properties 22: Interpretation In this subpart,— cultural redress property Schedule 1 Properties vested in fee simple a: Hukatere Pā: b: Murimotu Island: c: Te Kao School site A: d: Waiparariki (Te Kao 76 and 77B): Properties vested in fee simple subject to conservation covenants e: Kahokawa: f: Maungatiketike Pā: g: Pitokuku Pā: h: Taurangatira Pā: i: Te Rerepari: Properties vested in fee simple to be administered as reserves j: Te Ārai Conservation Area: k: Te Ārai Ecological Sanctuary: l: Te Tomo a Tāwhana (Twin Pā) Sites: m: Mai i Waikanae ki Waikoropūpūnoa ( Beach site A n: Mai i Hukatere ki Waimahuru ( Beach site B o: Mai i Ngāpae ki Waimoho ( Beach site C p: Mai i Waimimiha ki Ngāpae ( Beach site D Lake and lakebed properties vested in fee simple q: bed of Lake Ngākeketo: r: Waihopo Lake property joint management body section 58 jointly vested property lake a: the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and b: the airspace above the water; and c: the bed below the water reserve property Properties vested in fee simple 23: Hukatere Pā 1: Hukatere Pā ceases to be Crown forest land under the Crown Forest Assets Act 1989 2: The fee simple estate in Hukatere Pā vests in the trustees. 24: Murimotu Island 1: The part of Murimotu Island that is a conservation area under the Conservation Act 1987 2: The fee simple estate in the part of Murimotu Island that is not a conservation area (and is not the part of Murimotu Island freed of its status as a conservation area under subsection (1)) vests in the Crown as Crown land subject to the Land Act 1948 3: The fee simple estate in Murimotu Island vests as undivided half shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 23 4: Subsections (1) to (3) do not take effect until the trustees referred to in subsection (3) have jointly provided Maritime New Zealand with a registrable lease on the terms and conditions set out in part 7.2 of the documents schedule. 5: The Murimotu land lease is not a subdivision for the purposes of section 218(1)(a)(iii) 6: Improvements in or on Murimotu Island do not vest in the trustees, despite the vestings referred to in subsection (3). 25: Te Kao School site A 1: The fee simple estate in Te Kao School site A vests in the trustees. 2: Subsection (1) does not take effect until the trustees provide the Crown with a registrable lease in relation to Te Kao School site A on the terms and conditions set out in part 7.1 of the documents schedule. 26: Waiparariki (Te Kao 76 and 77B) 1: Waiparariki (Te Kao 76 and 77B) ceases to be Crown forest land under the Crown Forest Assets Act 1989 2: The fee simple estate in Waiparariki (Te Kao 76 and 77B) vests in the trustees. Properties vested in fee simple subject to conservation covenants 27: Kahokawa 1: The reservation of Kahokawa (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked. 2: The fee simple estate in Kahokawa vests in the trustees. 3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Kahokawa on the terms and conditions set out in part 6.5 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 77 b: section 27 28: Maungatiketike Pā 1: The reservation of Maungatiketike Pā (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Maungatiketike Pā vests in the trustees. 3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Maungatiketike Pā on the terms and conditions set out in part 6.2 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 77 b: section 27 29: Pitokuku Pā 1: The reservation of Pitokuku Pā (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Pitokuku Pā vests in the trustees. 3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Pitokuku Pā on the terms and conditions set out in part 6.3 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 77 b: section 27 30: Taurangatira Pā 1: The reservation of Taurangatira Pā (being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in Taurangatira Pā vests in the trustees. 3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Taurangatira Pā on the terms and conditions set out in part 6.4 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 77 b: section 27 31: Te Rerepari 1: The reservation of Te Rerepari (being part of Mokaikai Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 2: The fee simple estate in Te Rerepari vests in the trustees. 3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with a registrable covenant in relation to Te Rerepari on the terms and conditions set out in part 6.6 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 77 b: section 27 Properties vested in fee simple to be administered as reserves 32: Te Ārai Conservation Area 1: Te Ārai Conservation Area ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Te Ārai Conservation Area vests in the trustees. 3: Te Ārai Conservation Area is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Te Ārai Scenic Reserve. 5: Subsections (1) to (4) do not take effect until the trustees have provided to the owners of the Peninsula Block a registrable right of way easement on the terms and conditions set out in part 6.1 of the documents schedule. 6: The easement— a: is enforceable in accordance with its terms despite the provisions of the Reserves Act 1977 b: must be treated as having been granted in accordance with that Act. 33: Te Ārai Ecological Sanctuary 1: Te Ārai Ecological Sanctuary (being Te Arai Sanctuary) ceases to be a conservation area under the Conservation Act 1987. 2: The fee simple estate in Te Ārai Ecological Sanctuary vests in the trustees. 3: Te Ārai Ecological Sanctuary is declared a reserve and classified as a nature reserve subject to section 20 4: The reserve is named Te Ārai Nature Reserve. 34: Te Tomo a Tāwhana (Twin Pā Sites) 1: Te Tomo a Tāwhana (Twin Pā Sites) ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Te Tomo a Tāwhana (Twin Pā Sites) vests in the trustees. 3: Te Tomo a Tāwhana (Twin Pā Sites) is declared a reserve and classified as a historic reserve subject to section 18 4: The reserve is named Te Tomo a Tāwhana Historic Reserve. 5: Subsections (1) to (4) do not take effect until the trustees have provided the Crown with a registrable right of way easement in gross on the terms and conditions set out in part 6.8 of the documents schedule. 6: Despite the provisions of the Reserves Act 1977 a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 35: Mai i Waikanae ki Waikoropūpūnoa 1: Any part of Beach site A that is a conservation area under the Conservation Act 1987 2: Any part of Beach site A that is Crown forest under the Crown Forest Assets Act 1989 ceases to be Crown forest land under that Act. 3: The fee simple estate in Beach site A vests as equal undivided shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 35 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 26 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 46 4: Beach site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve. 6: The joint management body established by section 58 Reserves Act 1977 7: Subsection (6) continues to apply despite any subsequent transfer under section 59 36: Mai i Hukatere ki Waimahuru 1: Any part of Beach site B that is a conservation area under the Conservation Act 1987 2: Any part of Beach site B that is Crown forest under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site B vests as equal undivided shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 36 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 27 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 47 4: Beach site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve. 6: The joint management body established by section 58 Reserves Act 1977 section 26 7: Subsection (6) continues to apply despite any subsequent transfer under section 59 37: Mai i Ngāpae ki Waimoho 1: Any part of Beach site C that is a conservation area under the Conservation Act 1987 2: Any part of Beach site C that is Crown forest under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site C vests as equal undivided shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 37 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 28 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 48 4: Beach site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve. 6: The joint management body established by section 58 Reserves Act 1977 section 26 7: Subsection (6) continues to apply despite any subsequent transfer under section 59 38: Mai i Waimimiha ki Ngāpae 1: Beach site D ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Beach site D vests as equal undivided shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 38 c: a share vests in the trustees of Te Rūnanga o NgāiTakoto under section 29 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 49 3: Beach site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve. 5: The joint management body established by section 58 Reserves Act 1977 section 26 6: Subsection (5) continues to apply despite any subsequent transfer under section 59 39: Application of Crown forestry licence 1: Subsection (2) applies to Beach sites A, B, and C if the property is subject to a Crown forestry licence. 2: As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite— a: the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977 b: administration of the site by the joint management body established under section 58 3: Subsection (4) applies to a Beach site if the property is no longer subject to a Crown forestry licence. 4: The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block. 5: Despite the provisions of the Reserves Act 1977 a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 6: The permission of a council under section 348 40: Lake Ngākeketo Recreation Reserve 1: The Crown stratum above the bed of Lake Ngākeketo continues to be a reserve and classified as a recreation reserve subject to section 17 2: The reserve is named Lake Ngākeketo Recreation Reserve. 3: In this section, Crown stratum a: the water of the lake; and b: the air above the water. Lake and lakebed properties vested in fee simple 41: Bed of Lake Ngākeketo 1: The reservation of the bed of Lake Ngākeketo (the recorded name of which is Lake Ngakekata and being part of Te Paki Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in the bed of Lake Ngākeketo vests as undivided half shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 40 3: Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have jointly provided the Crown with a registrable covenant in relation to the bed of Lake Ngākeketo on the terms and conditions set out in part 6.7 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 5: The bed of Lake Ngākeketo is not rateable under the Local Government (Rating) Act 2002, except under section 9 6: To avoid doubt, the vesting under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to— a: the waters of the lake; or b: the aquatic life of the lake (other than plants attached to the bed of the lake). 7: To the extent that Lake Ngākeketo has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 8: In this section, recorded name section 4 42: Waihopo Lake property 1: The fee simple estate in the Waihopo Lake property vests in undivided half shares in the following as tenants in common: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 42 2: The Waihopo Lake property is not rateable under the Local Government (Rating) Act 2002, except under section 9 3: Section 43 4: To the extent that the Waihopo Lake property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 43: Effect of vesting Waihopo Lake property 1: The vesting of the Waihopo Lake property by section 42(1) 2: Members of the public may carry out any lawful recreational activities in or on Waihopo Lake without interference by or on behalf of the trustees. 3: In this section, recreational activity a: includes swimming, boating, waterskiing, fishing, and duck shooting; but b: does not include an activity— i: that is unlawful under any enactment or that must be carried out in accordance with an enactment; or ii: for which members of the public are required by or under any enactment to hold a licence or permit authorising the activity, unless the activity is carried out under and in accordance with the necessary licence or permit; or iii: that involves attaching a fixture to the Waihopo Lake property or that carries a risk of a significant adverse effect to the lake. 4: To avoid doubt, the vesting of the Waihopo Lake property does not give any rights to, or impose any obligations on, the trustees in relation to— a: the waters of Waihopo Lake; or b: the aquatic life of the lake (other than plants attached to the bed of the lake). General provisions applying to vesting of cultural redress properties 44: Properties vest subject to, or together with, interests 1: Each cultural redress property vests under this subpart subject to, or together with, any interests listed for the property in the third column of the table in Schedule 1 2: Subsection (3) applies if a cultural redress property vests subject to an unregistered concession, whether or not the concession also applies to land that is not part of a cultural redress property. 3: The concession continues to apply to the cultural redress property, with any necessary modifications,— a: as if the registered proprietors of the property had granted the concession; and b: despite any change in the status of the land of the cultural redress property on the settlement date. 4: In this section, concession section 2(1) 45: Vesting of share of fee simple estate A reference to the vesting of a fee simple estate in a cultural redress property in sections 49 to 61 section 51 46: Interests in land for certain reserve properties 1: This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it. 2: This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 reserve land 3: If the reserve property is affected by an interest in land listed for the property in Schedule 1 a: the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but b: the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence. 4: For the purposes of registering any interest in land that affects the reserve land,— a: if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest: b: if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land. 5: Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 59 47: Minister of Conservation may grant easements 1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a cultural redress property. 2: Any such easement is— a: enforceable in accordance with its terms, despite Part 3B b: to be treated as having been granted in accordance with Part 3B c: registrable under section 17ZA(2) 48: Registration of ownership 1: This section applies to the fee simple estate in a cultural redress property vested in the trustees under this subpart. 2: Subsection (3) applies to a cultural redress property (other than a jointly vested property, Te Ārai Conservation Area, or Te Tomo a Tāwhana (Twin Pā sites)), but only to the extent that the property is all of the land contained in a computer freehold register. 3: The Registrar-General must, on written application by an authorised person,— a: register the trustees as the proprietors of the fee simple estate in the land; and b: record any entry in the computer freehold register, and do anything else necessary to give effect to this subpart and to part 9 of the deed of settlement. 4: Subsection (5) applies to— a: a cultural redress property (other than a jointly vested property), but only to the extent that subsection (2) does not apply to the property: b: Te Ārai Conservation Area and Te Tomo a Tāwhana (Twin Pā sites). 5: The Registrar-General must, in accordance with a written application by an authorised person,— a: create 1 or more computer freehold registers for the fee simple estate in the property in the name of the trustees; and b: record on the computer freehold registers any interests that are registered, notified, or notifiable and that are described in the application. 6: For a jointly vested property, the Registrar-General must, in accordance with written applications by an authorised person,— a: create a computer freehold register for an undivided share of the fee simple estate in the property in the names of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the applications. 7: Subsections (5) and (6) do not take effect until the completion of any survey necessary to create a computer freehold register. 8: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than— a: 24 months after the settlement date; or b: any later date that may be agreed in writing,— i: in the case of a property that is not jointly vested, by the Crown and the trustees; or ii: in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested. 9: In this section, authorised person a: the chief executive of LINZ, in relation to— i: Waiparariki (Te Kao 76 and 77B): ii: Hukatere Pā: iii: Waihopo Lake property: b: the chief executive of the Ministry of Education, in relation to Te Kao School site A: c: the Secretary for Justice, in relation to— i: Murimotu Island: ii: Mai i Waikanae ki Waikoropūpūnoa: iii: Mai i Hukatere ki Waimahuru: iv: Mai i Ngāpae ki Waimoho: d: the Director-General, in relation to all other cultural redress properties. 49: Application of Part 4A of Conservation Act 1987 1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 2: Section 24 a: a reserve property; or b: Te Kao School site A. 3: Part 4A a: bed of Lake Ngākeketo; or b: Waihopo Lake property. 4: The marginal strip reserved by section 24 a: Maungatiketike Pā: b: Pitokuku Pā: c: Taurangatira Pā. 5: If the reservation under this subpart of a reserve property is revoked in relation to all or part of the property, the vesting of the reserve property is no longer exempt from section 24 6: If the lease of Te Kao School site A (or a renewal of that lease) terminates or expires without being renewed for all or part of that property, the vesting of the property is no longer exempt from section 24 7: Subsections (2), (3), (5), and (6) do not limit subsection (1). 50: Matters to be recorded on computer freehold register 1: The Registrar-General must record on the computer freehold register for— a: a reserve property (other than a jointly vested property) that the land is subject to— i: Part 4A section 24 ii: sections 49(5) 55 to 57 b: a reserve property that is jointly vested, that the land is subject to— i: Part 4A section 24 ii: sections 46(4) 49(5) 59 c: Te Kao School site A, that the land is subject to— i: Part 4A section 24 ii: section 49(6) d: the following properties, that the land is subject to Part 4A i: Maungatiketike Pā: ii: Pitokuku Pā: iii: Taurangatira Pā; and e: bed of Lake Ngākeketo and Waihopo Lake property, that Part 4A f: any other cultural redress property, that the land is subject to Part 4A 2: Notification under subsection (1) that land is subject to Part 4A section 24D(1) 51: Removal of notifications from computer freehold register 1: If the reservation of a reserve property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— i: section 24 ii: for a jointly vested property, the property is subject to sections 46(4) 49(5) 59 iii: for a reserve property other than a jointly vested property, the property is subject to sections 49(5) 55 57 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain on the computer freehold register only for the part of the property that remains a reserve. 2: The Registrar-General must comply with an application received under subsection (1)(a). 3: If the lease over Te Kao School site A referred to in section 25(2) a: if none of the property remains subject to the lease, to remove from the computer freehold register for the property any notifications that— i: section 24 ii: the land is subject to section 49(6) b: if part of the property remains subject to the lease (the leased part), to amend any notifications on the computer freehold register for the property to record that, for the leased part only,— i: section 24 ii: that part is subject to section 49(6) 4: The Registrar-General must comply with an application received under subsection (3)(a) or (b) free of charge to the applicant. 52: Application of other enactments 1: The vesting of the fee simple estate in a cultural redress property under this subpart does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 2: The permission of a council under section 348 3: Sections 24 25 4: Section 11 Part 10 a: the vesting of the fee simple estate in a cultural redress property under this subpart; or b: any matter incidental to, or required for the purpose of, the vesting. 53: Names of Crown protected areas discontinued 1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that immediately before the settlement date was all or part of a Crown protected area. 2: The official geographic name of the Crown protected area is discontinued in respect of the land or the part of the land, and the Board must amend the Gazetteer accordingly. 3: In this section, Board Crown protected area Gazetteer section 4 Provisions relating to reserve properties 54: Application of other enactments to reserve properties 1: The trustees are the administering body of the following reserve properties for the purposes of the Reserves Act 1977 a: Te Ārai Conservation Area; and b: Te Ārai Ecological Sanctuary; and c: Te Tomo a Tāwhana (Twin Pā) Sites. 2: Sections 78(1)(a) 79 81 88 3: If the reservation by this subpart of all or part of a reserve property is revoked under section 24 a: section 25(2) b: the rest of section 25 4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 5: The Minister must not change the name of a reserve property under section 16(10) section 16(10A) 55: Subsequent transfer of reserve land 1: This section applies to all, or the part, of a reserve property listed in section 54(1) reserve land 2: The fee simple estate in the reserve land may be transferred to any other person or persons ( new owners 3: The Minister must give written consent to the transfer of the fee simple estate in the reserve land to the new owners if, on written application, the registered proprietors of the reserve land satisfy the Minister that the new owners are able to— a: comply with the Reserves Act 1977 b: perform the duties of an administering body under that Act. 56: Registration of subsequent transfer 1: The Registrar-General must, on receiving the documents specified in subsection (2), register the new owners as the proprietors of the fee simple estate in the reserve land. 2: The documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and b: the written consent of the Minister to the transfer of the reserve land; and c: any other document required for the registration of the transfer instrument. 57: New owners to be administering body 1: The new owners, from the time of their registration under section 56 a: are the administering body of the reserve land for the purposes of the Reserves Act 1977 b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer. 2: Subsection (1) and sections 55 56 a: the transferors of the reserve land are or were trustees of any trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply. 3: A transfer that complies with this section need not comply with any other requirements. Management of Beach sites A, B, C, and D 58: Joint management body for Beach sites A, B, C, and D 1: A joint management body is established for Beach sites A, B, C, and D. 2: The following are appointers for the purposes of this section: a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of Te Rūnanga o NgāiTakoto; and d: the trustees of Te Rūnanga o Te Rarawa. 3: Each of the appointers may appoint 2 persons to be members of the joint management body. 4: A member may be appointed only if the appointer gives written notice to each of the other appointers of the following details: a: the full name, address, and other contact details of each member appointed; and b: the date on which the appointment is to take effect (which must not be earlier than the date of the notice). 5: A member may be appointed, reappointed, or discharged at the discretion of the relevant appointer. 6: An appointment ends after 5 years or when the relevant appointer replaces a member by appointing another member, whichever is the sooner. 7: Sections 32 to 34 8: The first meeting of the joint management body must be held not later than 2 months after the settlement date. 9: Section 41 10: A failure of an appointer to comply with subsection (4) does not invalidate the establishment of the joint management body or its actions or decisions. 59: Subsequent transfer of Beach sites A, B, C, and D 1: This section applies, despite any other enactment or rule of law, to any or all of Beach sites A, B, C, and D as long as the site, or any part of the site, remains a reserve under the Reserves Act 1977 2: The fee simple estate in any or all of Beach sites A, B, C, and D may be transferred, but only if 1 of the following conditions is satisfied: a: the transferee is Te Kāhui Kaitiaki Rangatiratanga o Te Aupouri Limited; or b: the transferors are or were the trustees of a trust and the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust. 3: The instrument to transfer the land must be accompanied by a certificate given by the transferees or the transferees’ solicitor, verifying that the requirement of subsection (2)(b) is satisfied. 4: To avoid doubt, if the fee simple estate in any or all of Beach sites A, B, C, and D is transferred to Te Kāhui Kaitiaki Rangatiratanga o Te Aupouri Limited, the joint management body established by section 58 60: Reserve land not to be mortgaged The registered proprietors of a reserve property must not mortgage, or give a security interest in, all or any part of the property that remains a reserve under the Reserves Act 1977 61: Saving of bylaws, etc, in relation to reserve properties 1: This section applies to any bylaw, prohibition, or restriction on the use of, or access to, a reserve property made or granted under the Conservation Act 1987 Reserves Act 1977 2: The bylaw, prohibition, or restriction on use or access remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977 2: Te Oneroa-a-Tohe redress Interpretation 62: Interpretation In this subpart and Schedule 2 accredited section 2(1) appointers section 66(1) or (2)(c) and (d) beach management agencies beach management plan section 74 Beach sites A, B, C, and D section 22 Central and South Conservation Areas and Ninety Mile Beach Marginal Strip commissioners section 71 Community Board section 19R sections 19H 19J Council Councils iwi appointer a: means a governance entity referred to in section 66(1)(a) to (d) b: if section 66(2) local government legislation a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 2002 c: the Local Government Act 1974 d: the Local Government Official Information and Meetings Act 1987 marine and coastal area section 9(1) panel section 71 RMA planning document a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA b: includes a proposed plan within the meaning of section 43AAC Te Oneroa-a-Tohe Board Board section 64(1) Te Oneroa-a-Tohe management area a: the marine and coastal area; and b: Beach sites A, B, C, and D vested under subpart 1 c: the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip (to the extent that section 63 d: any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b), with the agreement of— i: the Board; and ii: the owner or administrator of the land Te Oneroa-a-Tohe redress Removal of conservation area status 63: Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip Any part of the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip that is situated below the mark of mean high-water springs— a: ceases to be a conservation area under the Conservation Act 1987 b: is part of the common marine and coastal area. Establishment, status, purpose, and membership of Board 64: Establishment and status of Board 1: The Te Oneroa-a-Tohe Board is established as a statutory body. 2: Despite Schedule 7 a: is a permanent committee; and b: must not be discharged without the agreement of all the appointers. 3: Despite the membership of the Board provided for by section 66 clause 30(1)(b) 4: Each member of the Board must— a: act in a manner that will achieve the purpose of the Board; and b: without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer. 5: Part 1 65: Purpose of Board The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations. 66: Appointment of members of Board 1: The Board consists of 8 members appointed as follows: a: 1 member appointed by the trustees: b: 1 member appointed by the trustees of the Te Manawa O Ngāti Kuri Trust: c: 1 member appointed by the trustees of Te Rūnanga o NgāiTakoto: d: 1 member appointed by the trustees of Te Rūnanga o Te Rarawa: e: 2 members appointed by the Northland Regional Council, being councillors holding office: f: 2 members appointed by the Far North District Council, being the mayor and a councillor holding office. 2: If the Minister gives notice under section 67(4) a: 4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d); and b: 1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and c: 4 members appointed as provided for in subsection (1)(e) and (f); and d: 1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board). 3: An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 4: The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 5: If the person appointed by the Te Hiku Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4). 6: Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board. 7: Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board. 67: Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 1: On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or to the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in the Te Oneroa-a-Tohe redress under this subpart on an interim basis. 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in the Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) must continue to be approved as the appointee to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one). 3: The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1), give written notice to the Minister as to whether Ngāti Kahu elect to participate in the Te Oneroa-a-Tohe redress on an interim basis. 4: If the Minister is satisfied that Ngāti Kahu meet the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the iwi appointers referred to in section 66(1)(a) to (d) 5: If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 6: The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 7: In this section, Minister Functions and powers of Board 68: Functions and powers of Board 1: The primary function of the Board is to achieve the purpose of the Board. 2: In achieving the purpose of the Board, the Board must operate in a manner that— a: is consistent with tikanga Māori; and b: acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi; and c: acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles. 3: In addition to the primary function of the Board, its other functions are— a: to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to,— i: Te Hiku o Te Ika iwi; and ii: the Councils; and iii: any relevant beach management agencies; and c: to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and d: to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and e: to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and f: to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and g: to engage and work collaboratively with the joint management body established under section 58 h: to take any other action that the Board considers is appropriate to achieving the purpose of the Board. 4: The Board may determine, in any particular circumstance,— a: whether to perform the functions identified in subsection (3)(b) to (h); and b: how, and to what extent, to perform any of those functions. 5: The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with— a: this subpart; and b: subject to paragraph (a), the relevant provisions in the local government legislation. 69: Power of Board to make requests to beach management agencies 1: The Board may make a reasonable request in writing to any relevant beach management agency for the provision of— a: information or advice to the Board on matters relevant to the Board's functions; and b: a representative of the agency to attend a meeting of the Board. 2: The Board must— a: give notice to a beach management agency under subsection (1)(b) not less than 10 working days before the meeting; and b: provide an agenda for the meeting with the request. 3: If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must— a: provide the information or advice; and b: comply with a request made under subsection (1)(b) by appointing a person whom it considers appropriate to attend up to 4 meetings in a calendar year (although the person may attend more than 4 meetings). 4: In addition, the Board may request any other person or entity to— a: provide information to the Board as specified by the Board: b: attend a meeting of the Board. Resource consent applications 70: Criteria for appointment of commissioners 1: Te Hiku o Te Ika iwi and the Councils must— a: develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991 b: in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area. 2: The duties under subsection (1) must be completed not later than the settlement date. 3: The Board must keep the list of commissioners under review and up to date. 71: Procedure for appointing hearing panel 1: If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention. 2: Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 66 67 section 70(1)(b) 3: The members of the Board appointed by the Council to which the resource consent application is made must appoint— a: up to half of the members of the panel from the list of commissioners compiled under section 70(1)(b) b: 1 of the commissioners appointed to the panel to be the chairperson of the panel. 4: The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3). 5: If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2). 72: Obligation of Councils Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate— a: wholly or in part to the Te Oneroa-a-Tohe management area; or b: to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area. 73: Obligation of Board The Board must provide guidelines to the Councils as to the information that is required under section 72 a: whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and b: whether there are certain types of applications that the Board does not require. Beach management plan 74: Preparation and approval of beach management plan 1: The Board must prepare and approve a beach management plan as provided for by section 68(3)(a) Part 2 2: However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D. 3: The members of the Board appointed by the iwi appointers and referred to in section 66(1)(a) to (d) 75: Purpose and contents of beach management plan 1: The purpose of the beach management plan is to— a: identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and c: express the Board's aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters ( priority matters i: protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and ii: recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and iii: recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area. 2: The part of the beach management plan that relates to Beach sites A, B, C, and D— a: must provide for the matters set out in section 41(3) b: is deemed to be a management plan for the purposes of that provision. 3: The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan. Effect of beach management plan on specified planning documents 76: Effect of beach management plan on RMA planning documents 1: Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 75(1)(a) 2: When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) is complied with. 3: The obligations under this section apply only to the extent that— a: the contents of the beach management plan relate to the resource management issues of the district or region; and b: those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991 4: This section does not limit the provisions of Part 5 Schedule 1 77: Effect of beach management plan on conservation documents 1: Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3 section 75(1)(a) 2: The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A 3: The obligations under this section apply only to the extent that— a: the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and b: those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987 4: This section does not limit the provisions of Part 3A 78: Effect of beach management plan on local government decision making The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002 Application of other Acts 79: Application of other Acts to Board 1: To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2 a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 1974 c: the Local Government Act 2002 d: the Local Government Official Information and Meetings Act 1987 2: Clause 31(1) 3: Clauses 23(3)(b) 24 26(3) and (4) 27 30(2), (3), (5), and (7) 31(2) and (6) 4: Clauses 19 20 22 a: the references to a local authority being read as references to the Board; and b: the reference in clause 19(5) 5: To the extent that the rest of Schedule 7 a: a local authority being read as references to the Board; and b: a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 66 3: Korowai 80: Interpretation In this subpart and Schedule 3 Conservation Authority Authority section 6A conservation land conservation legislation Conservation Act 1987 Schedule 1 conservation protected area a: a conservation area under the Conservation Act 1987 b: a reserve administered by the Department of Conservation under the Reserves Act 1977 c: a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953 contact person customary materials plan section 107 Part 3 customary taking dead protected animal a: means the dead body or part of the dead body of an animal protected under the conservation legislation; but b: does not include the body or part of the body of a dead marine mammal draft document CMS section 90 korowai area a: means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 7 of the deed of settlement; and b: includes— i: any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and ii: if the conservation legislation applies to land or resources not within the area specified in paragraph (a) or this paragraph, that land and those resources, but only for the purposes of the korowai; and iii: the common marine and coastal area adjacent to the land referred to in paragraph (a) or this paragraph, but only for the purposes of the korowai Minister Ngāti Kahu area of interest section 86 nominator a: means an entity with responsibility for nominating a member of the Conservation Board under section 85(1)(a) b: if section 85(2) Northland CMS a: the Te Hiku CMS described in section 87(a) b: the CMS described in section 87(b) parties a: Te Hiku o Te Ika iwi acting collectively through their representatives; and b: the Director-General plant section 2(1) plant material relationship agreement representatives a: the Te Hiku CMS; and b: the customary materials plan; and c: the relationship agreement Te Hiku o Te Ika Conservation Board Conservation Board section 82 Te Hiku o Te Ika conservation management strategy Te Hiku CMS Te Rerenga Wairua Reserve wāhi tapu framework section 108 wāhi tapu management plan Part 4 Overview of, and background to, korowai redress 81: Overview and background 1: The provisions of this subpart, Schedule 3 a: the Te Hiku o Te Ika Conservation Board; and b: the Te Hiku o Te Ika conservation management strategy; and c: a customary materials plan, wāhi tapu framework, and relationship agreement. 2: Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles: Relationship principles a: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi: b: respecting the autonomy of each party and its individual mandate, role, and responsibility: c: actively working together using shared knowledge and expertise: d: co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability: e: engaging early on issues of known interest to any of the parties: f: enabling and supporting the use of te reo Māori and tikanga Māori: g: acknowledging that the parties' relationship is evolving: Conservation principles h: promoting and supporting conservation values: i: ensuring public access to conservation land: j: acknowledging the Kaupapa Tuku Iho ( inherited values k: supporting a conservation ethos by— i: integrating an indigenous perspective; and ii: enhancing a national identity: l: recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management: m: recognising the full range of public interests in conservation land and taonga. Te Hiku o Te Ika Conservation Board established 82: Establishment of Te Hiku o Te Ika Conservation Board 1: Te Hiku o Te Ika Conservation Board is established, and is to be treated as established, under section 6L(1) 2: On and from the settlement date, the Conservation Board established by this section— a: is a Conservation Board under the Conservation Act 1987 b: must carry out, in the korowai area, the functions specified in section 6M c: has the powers conferred by section 6N 83: Application of Conservation Act 1987 to Conservation Board In this subpart, the Conservation Act 1987 clause 2 84: Role and jurisdiction of Northland Conservation Board to cease On and from the settlement date, the Northland Conservation Board, as set up under Part 2A Constitution of Te Hiku o Te Ika Conservation Board 85: Appointment of members of Te Hiku o Te Ika Conservation Board 1: Te Hiku o Te Ika Conservation Board consists of— a: 4 members appointed by the Minister of Conservation as follows: i: 1 member, on the nomination of the trustees; and ii: 1 member, on the nomination of the trustees of the Te Manawa O Ngāti Kuri Trust; and iii: 1 member, on the nomination of the trustees of Te Rūnanga o NgāiTakoto; and iv: 1 member, on the nomination of the trustees of Te Rūnanga o Te Rarawa; and b: 4 members appointed by the Minister. 2: If the Ministers give notice under section 86(3) a: 4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)(a); and b: 1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and c: 5 members appointed by the Minister. 3: In subsection (2) and section 86 Ministers 4: Further provisions concerning the Conservation Board are set out in Part 1 86: Interim participation of Ngāti Kahu on Conservation Board 1: On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in the Conservation Board on an interim basis, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and b: that must apply to the continuing participation of Ngāti Kahu, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee for that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest. 3: If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice, stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the nominators referred to in section 85(1)(a) 4: If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 5: The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 6: In this section, Ngāti Kahu area of interest a: the Ngāti Kahu Agreement in Principle dated 17 September 2008; and b: the Te Hiku Agreement in Principle dated 18 January 2010. Conservation management strategy 87: Northland CMS The Northland CMS consists of— a: one part, to be known as the Te Hiku CMS,— i: prepared in accordance with this subpart; and ii: applying to the korowai area in accordance with section 97 b: one part— i: prepared by the Northland Conservation Board under the Conservation Act 1987 ii: applying in any part of Northland where the Te Hiku CMS does not apply. 88: Status, effect, and certain contents of Te Hiku CMS 1: The Te Hiku CMS— a: is a conservation management strategy for the purposes of section 17D b: has the same effect as if it were a conservation management strategy prepared and approved under that Act. 2: Sections 17E(8) 17F 17H 17I Conservation Act 1987 3: The Te Hiku CMS must— a: refer to the wāhi tapu framework required by section 108 b: reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and c: reflect the importance of those wāhi tapu being protected; and d: acknowledge the role of the wāhi tapu management plan. Preparation of draft Te Hiku CMS 89: Preliminary agreement 1: Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan. 2: The plan must set out— a: the principal matters to be included in the draft document; and b: the manner in which those matters are to be dealt with; and c: the practical steps that the parties will take to prepare and seek approval for the draft document. 90: Draft document to be prepared 1: Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with— a: the Conservation Board; and b: any other persons or organisations that the parties agree are appropriate. 2: The parties may agree a later date to commence preparation of the draft document. 3: In addition to the matters prescribed for a conservation management strategy by section 17D section 88(3) 91: Notification of draft document 1: As soon as practicable after the date on which preparation of the draft document commences under section 90 a: notify the draft document in accordance with section 49(1) b: give notice of the draft document to the relevant local authorities. 2: The notice must— a: state that the draft document is available for inspection at the places and times specified in the notice; and b: invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice. 3: The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document. 4: The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate. 92: Submissions 1: Any person may, before the date specified in the notice given under section 91(2)(b) 2: The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission. 93: Hearing 1: Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of— a: Te Hiku o Te Ika iwi; and b: the Director-General; and c: the Conservation Board. 2: The representatives referred to in subsection (1) may hear any other person or organisation whose views on the draft document were sought under section 91(4) 3: The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 91(2)(b) 4: After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 91(4) 94: Revision of draft document The parties must, after considering the submissions heard and other views received under section 91(4) a: revise the draft document as they consider appropriate; and b: not later than 6 months after the hearing of submissions is concluded, provide to the Conservation Board— i: the draft document as revised; and ii: the summary of submissions prepared under section 93(4) Approval process 95: Submission of draft document to Conservation Authority 1: After considering the draft document and the summary of submissions received under section 94(b)(ii) a: may request the parties to further revise the draft document; and b: must submit the draft document to the Conservation Authority, for its approval, together with— i: a written statement of any matters on which the parties and the Conservation Board are not able to agree; and ii: a copy of the summary of the submissions. 2: The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date. 96: Approval of Te Hiku CMS 1: The Conservation Authority— a: must consider the draft document and any relevant information provided to it under section 95(1)(b) b: may consult any person or organisation that it considers appropriate, including— i: the parties; and ii: the Conservation Board. 2: After considering the draft document and that information, the Conservation Authority must— a: make any amendments to the draft document that it considers necessary; and b: provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi. 3: Te Hiku o Te Ika iwi and the Minister jointly must— a: consider the draft document provided under subsection (2)(b); and b: return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate. 4: The Conservation Authority, after having regard to any recommendations, must— a: make any amendments that it considers appropriate and approve the draft document; or b: return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3), with any new information that the Authority wishes them to consider, before the draft document is amended, if appropriate, and approved. 97: Effect of approval of Te Hiku CMS On and from the day that the draft document is approved under section 96 a: the Te Hiku CMS applies, with any necessary modification, in the korowai area; and b: the part of the Northland CMS described in section 87(b) Review and amendment of Te Hiku CMS 98: Review procedure 1: The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board. 2: Every review must be carried out in accordance with the process set out in sections 89 to 96 3: The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 96 99: Review in relation to Ngāti Kahu area of interest 1: If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 98 2: Subsection (1) applies only with the agreement of the trustees of the Ngāti Kahu governance entity. 3: If, as a result of a review conducted under subsection (1), the Te Hiku CMS is extended to include the Ngāti Kahu area of interest,— a: the part of the Northland CMS described in section 87(b) b: the Te Hiku CMS applies to that area. 4: Subsection (3) applies on and from the date on which the Te Hiku CMS, as reviewed under subsection (1), is approved. 5: A review carried out under this section must be carried out in accordance with the process set out in sections 89 to 96 100: Amendment procedure 1: At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS. 2: Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 89 to 96 3: If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,— a: the parties must send the proposed amendments to the Conservation Board; and b: the proposed amendments must be dealt with in accordance with sections 95 96 4: However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) 5: The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay. Process to be followed if disputes arise 101: Dispute resolution 1: If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 89 to 100 a: give written notice to the other of the issues in dispute; and b: require the process under this section and section 102 2: Within 15 working days of the date of the notice given under subsection (1), a representative of the Director-General with responsibilities within the area covered by the Te Hiku CMS must meet in good faith with 1 or more representatives of Te Hiku o Te Ika iwi to seek a means to resolve the dispute. 3: If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1), the Director-General and 1 or more representatives of Te Hiku o Te Ika iwi must meet in good faith to seek a means to resolve the dispute. 4: If the dispute has not been resolved within 30 working days of the notice being given under subsection (1), the Minister and 1 or more representatives of Te Hiku o Te Ika iwi must, if they agree, meet in good faith to seek to resolve the dispute. 5: Subsection (4) applies only if the dispute is a matter of significance to both parties. 6: A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties. 102: Mediation 1: If resolution is not reached within a reasonable time under section 101, either party may require the dispute to be referred to mediation by giving written notice to the other party. 2: The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation or, if agreement is not reached within 15 working days of the notice being given under subsection (1), the party that gave notice must make a written request to the President of the New Zealand Law Society to appoint a mediator to assist the parties to reach a settlement of the dispute. 3: A mediator appointed under subsection (2)— a: must be familiar with tikanga Māori and te reo Māori; and b: must not have an interest in the outcome of the dispute; and c: does not have the power to determine the dispute but may give non-binding advice. 4: The parties must— a: participate in the mediation in good faith; and b: share equally the costs of a mediator appointed under this section and related expenses; but c: in all other respects, meet their own costs and expenses in relation to the mediation. 103: Effect of dispute process on prescribed time limits If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 101(1) a: the calculation of any prescribed time is stopped until the dispute is resolved; and b: the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted. Access to Conservation Authority and Minister of Conservation 104: New Zealand Conservation Authority 1: Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority. 2: If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority. 3: A request must— a: be in writing; and b: set out the matter of national importance to be discussed; and c: be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting. 4: The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting. 105: Minister of Conservation 1: The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area. 2: The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi. 3: Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must— a: propose the agenda for the meeting; and b: provide relevant information relating to the matters on the agenda. 4: The persons who are entitled to attend the annual meeting are— a: Te Hiku o Te Ika iwi leaders; and b: the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree). Decision-making framework 106: Acknowledgement of section 4 of Conservation Act 1987 When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must— a: in applying section 4 i: to the extent required by the conservation legislation; and ii: in a manner commensurate with— A: the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and B: the subject matter of the decision; and b: comply with the provisions of Part 2 Transfer of decision-making and review functions 107: Customary materials plan 1: The parties must jointly prepare and agree a customary materials plan that covers— a: the customary taking of plant material from conservation protected areas within the korowai area; and b: the possession of dead protected animals found within the korowai area. 2: The first customary materials plan must be agreed not later than the settlement date. 3: Part 3 108: Wāhi tapu framework 1: The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu. 2: Part 4 109: Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve Part 5 Relationship agreement 110: Relationship agreement Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 7 of the deed of settlement. 4: Statutory acknowledgement 111: Interpretation In this subpart,— affected person section 2AA(2) relevant consent authority statement of association a: made by Te Aupouri of their particular cultural, historical, spiritual, and traditional association with the statutory area; and b: that is set out in part 4 of the documents schedule statutory acknowledgement section 112 statutory area Schedule 4 statutory plan a: means a district plan, regional coastal plan, regional plan, or regional policy statement, as defined in section 43AA b: includes a proposed plan as defined in section 43AAC 112: Statutory acknowledgement by the Crown The Crown acknowledges the statements of association. 113: Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are to— a: require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 114 to 116 b: require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory area and to provide summaries of resource consent applications or copies of notices of applications to the trustees in accordance with section 118 c: enable the trustees and any member of Te Aupouri to cite the statutory acknowledgement as evidence of the association of Te Aupouri with the relevant statutory area, in accordance with section 119 114: Relevant consent authorities to have regard to statutory acknowledgement 1: This section applies in respect of an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E 3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991 115: Environment Court to have regard to statutory acknowledgement 1: This section applies to proceedings in the Environment Court in respect of an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991 116: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement 1: This section applies to an application made under section 44 56 61 2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62 3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— a: in determining whether the trustees are persons directly affected by the decision; and b: in determining, under section 59(1) 64(1) 4: In this section, archaeological site section 6 117: Recording statutory acknowledgement on statutory plans 1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area. 2: The information attached to a statutory plan must include— a: a copy of sections 112 to 116 118 119 b: descriptions of the statutory areas wholly or partly covered by the plan; and c: the statements of association for the statutory areas. 3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— a: part of the statutory plan; or b: subject to the provisions of Schedule 1 118: Provision of summary or notice of resource consent applications 1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: a: a summary of the application, if the application is received by the consent authority; or b: a copy of the notice, if notice of the application is served on the consent authority under section 145(10) 2: A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B 3: The summary must be provided— a: as soon as is reasonably practicable after the relevant consent authority receives the application; but b: before the relevant consent authority decides under section 95 4: A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice. 5: The trustees may, by notice in writing to a relevant consent authority,— a: waive their rights to be notified under this section; and b: state the scope of that waiver and the period it applies for. 6: An obligation under this section does not apply to the extent that the corresponding right has been waived. 7: This section does not affect the obligation of a relevant consent authority to decide,— a: under section 95 b: under section 95E 119: Use of statutory acknowledgement 1: The trustees and any member of Te Aupouri may, as evidence of the association of Te Aupouri with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— a: the relevant consent authorities; or b: the Environment Court; or c: Heritage New Zealand Pouhere Taonga; or d: the Environmental Protection Authority or a board of inquiry under Part 6AA 2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on— a: the bodies referred to in subsection (1); or b: parties to proceedings before those bodies; or c: any other person who is entitled to participate in those proceedings. 3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account. 4: To avoid doubt,— a: neither the trustees nor members of Te Aupouri are precluded from stating that Te Aupouri has an association with a statutory area that is not described in the statutory acknowledgement; and b: the content and existence of the statutory acknowledgement do not limit any statement made. General provisions relating to statutory acknowledgement 120: Application of statutory acknowledgement to river If any part of the statutory acknowledgement applies to a river or stream (including the tributaries of a river or stream), that part of the acknowledgement— a: applies only to— i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but b: does not apply to— i: a part of the bed of the river or stream that is not owned by the Crown; or ii: an artificial watercourse. 121: Exercise of powers and performance of functions and duties 1: The statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw. 2: No person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Te Aupouri with a statutory area (as described in a statement of association) than that person would give under the relevant legislation or bylaw if there were no statutory acknowledgement for the statutory area. 3: Subsection (1) does not limit subsection (2). 4: This section is subject to the other provisions of this subpart. 122: Rights not affected 1: The statutory acknowledgement does not— a: affect the lawful rights or interests of any person who is not a party to the deed of settlement; or b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. 2: This section is subject to the other provisions of this subpart. 123: Amendment to Resource Management Act 1991 1: This section amends the Resource Management Act 1991 2: In Schedule 11 Te Aupouri Claims Settlement Act 2015 2015-09-23 Resource Management Act 1991 5: Protocols 124: Interpretation In this subpart,— protocol a: means any of the following protocols issued under section 125(1)(a) i: the protocol with the Minister of Energy and Resources: ii: the taonga tūturu protocol: iii: the fisheries protocol; and b: includes any amendments made under section 125(1)(b) responsible Minister sections 125 126 a: for the protocol with the Minister of Energy and Resources, that Minister: b: for the fisheries protocol, the Minister for Primary Industries: c: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage: d: any other Minister of the Crown authorised by the Prime Minister to perform functions and duties, and exercise powers, in relation to a protocol. General provisions applying to protocols 125: Issuing, amending, or cancelling protocols 1: Each responsible Minister may— a: issue a protocol to the trustees on the terms and conditions set out in part 2 of the documents schedule; and b: amend or cancel that protocol. 2: The responsible Minister may amend or cancel a protocol at the initiative of— a: the trustees; or b: the responsible Minister. 3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees. 126: Protocols subject to rights, functions, and obligations Protocols do not restrict— a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and government policy, which includes the ability to— i: introduce legislation and change government policy; and ii: interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or b: the responsibilities of a responsible Minister or a department of State; or c: the legal rights of Te Aupouri or a representative entity. 127: Enforcement of protocols 1: The Crown must comply with a protocol while it is in force. 2: If the Crown fails to comply with a protocol without good cause, the trustees may, subject to the Crown Proceedings Act 1950 3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol. 4: To avoid doubt,— a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Crown minerals 128: Protocol with Minister of Energy and Resources 1: The chief executive of the Ministry of Business, Innovation, and Employment must note a summary of the terms of the protocol with the Minister of Energy and Resources in— a: a register of protocols maintained by the chief executive; and b: the minerals programmes affecting the area covered by the protocol with the Minister of Energy and Resources when those programmes are changed. 2: The noting of the summary is— a: for the purpose of public notice only; and b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991 3: The protocol with the Minister of Energy and Resources does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals. 4: In this section,— area of protocol with the Minister of Energy and Resources Crown mineral section 2(1) a: that is the property of the Crown under section 10 11 b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 minerals programme section 2(1) Taonga tūturu protocol 129: Taonga tūturu protocol 1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. 2: In this section, taonga tūturu a: has the meaning given in section 2(1) b: includes ngā taonga tūturu, as defined in section 2(1) Fisheries 130: Fisheries protocol 1: The chief executive of the Ministry for Primary Industries must note a summary of the terms of the fisheries protocol in the fisheries plan that affects the fisheries protocol area. 2: The noting of the summary is— a: for the purpose of public notice only; and b: not an amendment to a fisheries plan for the purposes of section 11A 3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, and seaweed) that are held, managed, or administered under any of the following enactments: a: the Fisheries Act 1996 b: the Maori Commercial Aquaculture Claims Settlement Act 2004 c: the Maori Fisheries Act 2004 d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 4: In this section,— fisheries plan section 11A fisheries protocol area 6: Fisheries advisory committees 131: Interpretation In this subpart,— fisheries protocol area section 130(4) Minister Te Aupouri fisheries advisory committee 132: Appointment of Te Aupouri fisheries advisory committee 1: The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1) 2: The purpose of the Te Aupouri fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 3: The Minister must consider any advice given by the Te Aupouri fisheries advisory committee. 4: In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of Te Aupouri. Joint fisheries advisory committee 133: Appointment of joint fisheries advisory committee 1: The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1) 2: Each Te Hiku o Te Ika iwi must appoint 1 person to be a member of the committee. 3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 a: the fisheries protocol area; and b: the fisheries protocol areas provided for by— i: section 128 ii: section 125 iii: section 141 4: The Minister must consider any advice given by the joint advisory committee. 5: In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi. 6: If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3) is deemed to be the waters adjacent, or otherwise relevant, to the area of interest of that iwi (including any relevant quota management area or relevant fishery management area within the exclusive economic zone). 7: In this section,— exclusive economic zone section 4(1) quota management area section 2(1) 7: Geographic names 134: Interpretation In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 7 official geographic name section 4 135: Official geographic names 1: A name specified in the first column of the table in clause 9.28 of the deed of settlement for a feature described in the third and fourth columns is altered to the name specified for the feature in the second column of the table. 2: Each alteration is to be treated as if it were an alteration of the official geographic name by a determination of the Board under section 19 136: Publication of official geographic names 1: The Board must, as soon as practicable after the settlement date, give public notice of each alteration of a name under section 135 section 21(2) and (3) 2: The notices must state that the alterations took effect on the settlement date. 137: Subsequent alteration of official geographic names 1: In making a determination to alter the official geographic name of a feature named by this subpart, the Board— a: need not comply with section 16 17 18 19(1) 20 b: must have the written consent of the trustees. 2: However, in the case of the features listed in subsection (3), the Board may alter the official geographic name only if it has the written consent of— a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of Te Rūnanga o NgāiTakoto; and d: the trustees of Te Rūnanga o Te Rarawa. 3: Subsection (2) applies to— a: Te Oneroa-a-Tōhē / Ninety Mile Beach: b: Cape Reinga / Te Rerenga Wairua: c: Piwhane / Spirits Bay. 4: To avoid doubt, the Board must give notice of a determination in accordance with section 21(2) and (3) 3: Commercial redress 138: Interpretation In subparts 1 to 3 Aupouri Forest commercial property a: it is cleared land within the meaning of clause 10.6.1 of the deed of settlement; and b: clause 10.6.3(a)(ii) of the deed of settlement applies; and c: the conditions of transfer under the deed of settlement have been satisfied commercial redress property a: the properties described in table 1 of part 3 of the property redress schedule; and b: subject to clause 10.6 of the deed of settlement, Te Kao School site C Crown forest land section 2(1) Crown forestry licence a: has the meaning given in section 2(1) b: in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed cultural forest land properties a: means the following properties defined as cultural redress properties in section 22 i: Hukatere Pā; and ii: Beach sites A, B, and C; and iii: Waiparariki (Te Kao 76 and 77B); and b: means Hukatere site A, as defined in section 22 c: means Hukatere site B, as defined in section 22 d: excludes, to the extent provided for by the Crown forestry licence,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land joint licensor governance entities a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of Te Rūnanga o NgāiTakato; and d: the trustees of Te Rūnanga o Te Rarawa land holding agency a: the land holding agency specified for a commercial redress property in part 3 of the property redress schedule; and b: in the case of Te Kao School site C, the Ministry of Education, if that property becomes a commercial property licensee licensor Peninsula Block a: means the licensed land (being part of the Aupouri Forest) described in table 1 of part 3 of the property redress schedule; but b: excludes, to the extent provided for by the Crown forestry licence for the land,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land Peninsula Block settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust: b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust: c: for NgāiTakoto, Te Rūnanga o NgāiTakoto: d: for Te Rarawa, Te Rūnanga o Te Rarawa protected site a: is wāhi tapu or a wāhi tapu area within the meaning of section 6 b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 relevant trustees a: for the Peninsula Block and each cultural forest land property (other than Waiparariki (Te Kao 76 or 77B)), the trustees of each of the Peninsula Block settlement trusts; and b: for Waiparariki (Te Kao 76 and 77B), the trustees right of access section 152 Te Kao School site C 1: Transfer of commercial redress properties 139: The Crown may transfer properties To give effect to part 10 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do 1 or both of the following: a: transfer the fee simple estate in a commercial property (if any) or commercial redress property to the trustees; and b: sign a transfer instrument or other document, or do anything else necessary to effect the transfer. 140: Transfer of share in fee simple estate in property A reference to the transfer of the fee simple estate in a commercial redress property in this subpart subparts 2 3 141: Registrar-General to create computer freehold register 1: This section applies to— a: a commercial property (if any) or commercial redress property (other than the Peninsula Block) to be transferred to the trustees, to the extent that— i: the property is not all of the land contained in a computer freehold register; or ii: there is no computer freehold register for all or part of the property; and b: the Peninsula Block. 2: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the written application; but c: omit any statement as to the purpose from the computer freehold register. 3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register. 4: In this section and section 142 authorised person 142: Authorised person may grant covenant for later creation of computer freehold register 1: An authorised person may grant a covenant to arrange for the later creation of a computer freehold register for a commercial property (if any) or commercial redress property that is to be transferred to the trustees under section 139 2: Despite the Land Transfer Act 1952 a: the authorised person may request the Registrar-General to register a covenant (referred to in subsection (1)) under the Land Transfer Act 1952 b: the Registrar-General must register the covenant in accordance with paragraph (a). 143: Minister of Conservation may grant easements 1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property. 2: An easement granted under subsection (1)— a: is enforceable in accordance with its terms, despite Part 3B b: is to be treated as having been granted in accordance with Part 3B c: is registrable under section 17ZA(2) 144: Application of other enactments 1: This section applies to the transfer to the trustees of a commercial property (if any) or commercial redress property. 2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 3: The transfer does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 4: The permission of a council under section 348 5: Section 11 Part 10 a: the transfer of a commercial property (if any) or commercial redress property; or b: a matter incidental to, or required for the purpose of, that transfer. 6: In exercising the powers conferred by this subpart, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a relevant property to the trustees. 7: Subsection (6) is subject to subsections (2) and (3). 145: Transfer of Te Kao School site B 1: In this section, Te Kao School site B property a: described under that name in table 1 of part 3 of the property redress schedule; and b: for which the Ministry of Education is the land-holding agency; and c: that after the transfer, is to be subject to a lease back to the Crown. 2: The transfer of the property must comply with part 4 of the property redress schedule. 3: Section 24 4: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 146 5: The Registrar-General must, on the registration of the transfer, record on any computer freehold register for the property that— a: the land is subject to Part 4A section 24 b: the land is subject to section 146 6: A notification under subsection (5) that land is subject to Part 4A section 24D(1) 146: Requirements if lease terminates or expires 1: This section applies if the lease relating to Te Kao School site B, or a renewal of that lease, terminates or expires without being renewed, in relation to all or part of the property that transferred subject to the lease. 2: The transfer of the property is no longer exempt from section 24 3: The registered proprietor of the property must apply in writing to the Registrar-General,— a: if no part of the property remains subject to the lease, to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to this section; or b: if only part of the site remains subject to the lease (the leased part i: section 24 ii: the leased part is subject to this section. 4: The Registrar-General must comply with an application received from the registered proprietor under subsection (3) free of charge to the applicant. 2: Licensed land 147: Peninsula Block ceases to be Crown forest land 1: The Peninsula Block ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the relevant trustees. 2: However, the Crown, courts, and tribunals must not do, or omit to do, anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 148: Relevant trustees are confirmed beneficiaries and licensors 1: The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block. 2: The effect of subsection (1) is that— a: the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and b: all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block. 3: Despite subsection (2)(a), the trustees are entitled to receive 20% of the rental proceeds for the Aupouri Forest since the commencement of the licence. 4: The Crown must give notice under section 17(4)(b) section 8HB(1)(a) 5: Notice given under subsection (4) has effect as if— a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) b: the recommendation had become final on the settlement date. 6: The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties had been returned to Māori ownership— a: on the settlement date; and b: under section 36(1) 7: However, section 36(1)(b) 149: Effect of transfer of Peninsula Block Section 150 a: the transfer of the fee simple estate in the Peninsula Block has been registered; or b: the processes described in clause 17.4 of the Crown forestry licence have been completed, providing— i: a single licence for the Peninsula Block and the cultural forest land properties (other than Waiparariki (Te Kao 76 and 77B)); and ii: a single licence for Waiparariki (Te Kao 76 and 77B). 150: Licence splitting process must be completed 1: To the extent that the Crown has not completed the processes referred to in section 149(b) a: on and after the settlement date; and b: until they are completed. 2: Subsection (3) provides for the licence fee that is payable for the Peninsula Block and the cultural forest land properties under the Crown forestry licence— a: for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) and section 149 b: that is not part of the rental proceeds referred to in section 148(2)(a) 3: The licence fee payable is the amount calculated in the manner described in paragraphs 4.25 to 4.27 of the property redress schedule. 4: However, the calculation of the licence fee under subsection (3) is overridden by any agreement— a: in relation to the Peninsula Block and the cultural forest land properties (other than Waiparariki (Te Kao 76 and 77B)), between the joint licensor governance entities as licensor, the licensee, and the Crown; and b: in relation to Waiparariki (Te Kao 76 and 77B), between the trustees as licensor, the licensee, and the Crown. 5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties, be read as references to the relevant trustees. 3: Access to protected sites Right of access 151: Right of access to protected sites 1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site. 2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner. 3: The right of access is subject to the following conditions: a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and b: the right of access may be exercised only at reasonable times and during daylight hours; and c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for— i: the safety of people; or ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or iii: operational reasons. 152: Right of access over Peninsula Block 1: A right of access over the Peninsula Block is subject to the terms of any Crown forestry licence. 2: However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised. 3: An amendment to a Crown forestry licence is of no effect to the extent that it would— a: delay the date from which a person may exercise a right of access; or b: adversely affect a right of access in any other way. 153: Right of access to be recorded on computer freehold register 1: This section applies to the transfer to the trustees of the Peninsula Block. 2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land. 3: The Registrar-General must, on the registration of the transfer of the land, record on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land. 4: Right of first refusal over RFR land Interpretation 154: Interpretation In this subpart and Schedule 5 balance RFR land a: is exclusive RFR land or shared RFR land; and b: has been offered for disposal to the trustees of an offer trust— i: as exclusive RFR land or shared RFR land; and ii: in accordance with section 157 c: has not been withdrawn under section 159 d: has not been accepted in accordance with section 160 control a: for a company, control of the composition of its board of directors; and b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body a: a Crown entity (as defined by section 7(1) b: a State enterprise (as defined by section 2 c: the New Zealand Railways Corporation; and d: a company or body that is wholly owned or controlled by 1 or more of the following: i: the Crown: ii: a Crown entity: iii: a State enterprise: iv: the New Zealand Railways Corporation; and e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of a: means— i: to transfer or vest the fee simple estate in the land; or ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but b: to avoid doubt, does not include— i: to mortgage, or give a security interest in, the land; or ii: to grant an easement over the land; or iii: to consent to an assignment of a lease, or to a sublease, of the land; or iv: to remove an improvement, fixture, or fitting from the land exclusive RFR land expiry date sections 157(1)(a) 158 notice offer section 157 offer trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land, the Te Rūnanga Nui o Te Aupouri Trust and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment: c: for balance RFR land, the RFR settlement trust for each remaining iwi other relevant iwi Other Relevant Iwi public work section 2 recipient trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 160 related company section 2(3) remaining iwi RFR date a: for the exclusive RFR land: b: for the shared RFR land RFR land section 155 RFR landowner a: means— i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and ii: a Crown body, if the body holds the fee simple estate in the land; and b: includes a local authority to which RFR land has been disposed of under section 163(1) c: to avoid doubt, does not include an administering body in which RFR land is vested— i: on the RFR date for that land; or ii: after the RFR date for that land, under section 164(1) RFR period a: for exclusive RFR land, a period of 172 years from the settlement date, in the case of an iwi granted a right to exclusive RFR land; and b: for balance RFR land, a period of 172 years from the settlement date; and c: for shared RFR land,— i: a period of 172 years from the Te Aupouri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Te Aupouri settlement date; or ii: if the settlement date for each of the other relevant iwi has not occurred on or before the Te Aupouri settlement date, a period of 172 years from the earlier of— A: the date that is 24 months after the Te Aupouri settlement date; and B: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment RFR settlement trust a: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and b: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and c: for NgāiTakoto, Te Rūnanga o NgāiTakoto; and d: for Te Rarawa, Te Rūnanga o Te Rarawa; and e: for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims shared RFR land a: the Te Aupouri settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the Te Aupouri settlement date; or b: if the settlement date for each of the other relevant iwi has not occurred on or before the Te Aupouri settlement date, the earlier of— i: the date that is 24 months after the Te Aupouri settlement date; and ii: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment subsidiary section 5 Te Aupouri settlement date 155: Meaning of RFR land 1: In this subpart, RFR land a: exclusive RFR land; and b: shared RFR land; and c: balance RFR land; and d: land obtained in exchange for a disposal of RFR land under section 168(1)(c) 169 2: However, land ceases to be RFR land if— a: the fee simple estate in the land transfers from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 161 ii: any other person (including the Crown or a Crown body) under section 156(1)(d) b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 165 to 172 ii: under any matter referred to in section 173(1) c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 181 d: the RFR period for the land ends. Restrictions on disposal of RFR land 156: Restrictions on disposal of RFR land 1: An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of— a: under any of sections 162 to 172 b: under any matter referred to in section 173(1) c: in accordance with a waiver or variation given under section 181 d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees— i: related to exclusive RFR land or shared RFR land; and ii: was made in accordance with section 157 iii: was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and iv: was not withdrawn under section 159 v: was not accepted under section 160 2: Subsection (1)(d) does not apply to exclusive RFR land or shared RFR land that is balance RFR land, unless and until— a: an offer to dispose of the balance RFR land has been made in accordance with section 157 b: that offer is not accepted by the trustees of an offer trust under section 160(3) Trustees' right of first refusal 157: Requirements for offer 1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating— a: the terms of the offer, including its expiry date; and b: the legal description of the land, including any interests affecting it and the reference for any computer register that contains the land; and c: a street address for the land (if applicable); and d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer; and e: a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be. 2: To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been). 158: Expiry date of offer 1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer. 2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if— a: the trustees have received an earlier offer to dispose of the land; and b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and c: the earlier offer was not withdrawn. 3: For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 157(1) section 160(4) 159: Withdrawal of offer The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted. 160: Acceptance of offer 1: The trustees of an offer trust may, by notice to the RFR landowner who made an offer, accept the offer if— a: it has not been withdrawn; and b: its expiry date has not passed. 2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less. 3: In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust. 4: In the case of an offer of shared RFR land, if the RFR landowner has received, at the expiry date specified in the notice of offer given under section 157 a: specifying the offer trusts from whose trustees acceptance notices have been received; and b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner's notice is received under this subsection. 161: Formation of contract 1: If the trustees of an offer trust accept an offer by an RFR landowner under section 160 2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust. 3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee 4: The trustees of the recipient trust may nominate a nominee only if— a: the nominee is lawfully able to hold the RFR land; and b: the trustees give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle. 5: The notice must specify— a: the full name of the nominee; and b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee. 6: If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land 162: Disposal to the Crown or Crown bodies 1: An RFR landowner may dispose of RFR land to— a: the Crown; or b: a Crown body. 2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 162(2) amended 1 August 2020 section 668 Education and Training Act 2020 163: Disposal of existing public works to local authority 1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2 2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes— a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. 164: Disposal of reserves to administering bodies 1: An RFR landowner may dispose of RFR land in accordance with section 26 26A 2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become— a: the RFR landowner of the land; or b: subject to the obligations of an RFR landowner under this subpart. 3: However, if RFR land vests back in the Crown under section 25 27 a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land 165: Disposal in accordance with enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law. 166: Disposal in accordance with legal or equitable obligations An RFR landowner may dispose of RFR land in accordance with— a: a legal or an equitable obligation that— i: was unconditional before the RFR date for that land; or ii: was conditional before the RFR date for that land but became unconditional on or after that date; or iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land. 167: Disposal under certain legislation An RFR landowner may dispose of RFR land in accordance with— a: section 54(1)(d) b: section 34 43 44 c: section 355(3) 168: Disposal of land held for public works 1: An RFR landowner may dispose of RFR land in accordance with— a: section 40(2) or (4) 41 b: section 52 105(1) 106 114(3) 117(7) 119 c: section 117(3)(a) d: section 117(3)(b) e: section 23(1) or (4) 24(4) 26 2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e) 169: Disposal for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— a: section 15 b: section 16A 24E 170: Disposal for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes. 171: Disposal to tenants The Crown may dispose of RFR land— a: that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or b: under section 67 i: before the RFR date; or ii: on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or c: under section 93(4) 172: Disposal by Housing New Zealand Corporation 1: Housing New Zealand Corporation (the Corporation 2: To avoid doubt, in subsection (1), RFR land RFR landowner obligations 173: RFR landowner’s obligations subject to other matters 1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and b: any interest or legal or equitable obligation— i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and ii: that the RFR landowner cannot satisfy by taking reasonable steps; and c: the terms of a mortgage over, or security interest in, RFR land. 2: Reasonable steps Notices about RFR land 174: Notice to LINZ of RFR land with computer register after RFR date 1: If a computer register is first created for RFR land after the RFR date for the relevant land, the RFR landowner must give the chief executive of LINZ notice that the register has been created. 2: If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land. 3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land. 4: The notice must include the legal description of the land and the reference for the computer register that contains the land. 175: Notice to trustees of offer trusts of disposal of RFR land to others 1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee. 2: The notice must be given on or before the date that is 20 working days before the day of the disposal. 3: The notice must include— a: the legal description of the land and any interests affecting it; and b: the reference for any computer register for the land; and c: the street address for the land (if applicable); and d: the name of the person to whom the land is being disposed of; and e: an explanation of how the disposal complies with section 156 f: if the disposal is to be made under section 156(1)(d) 176: Notice to LINZ of land ceasing to be RFR land 1: This section applies if land contained in a computer register is to cease being RFR land because— a: the fee simple estate in the land is to transfer from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 161 ii: any other person (including the Crown or a Crown body) under section 156(1)(d) b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 165 to 172 ii: under any matter referred to in section 173(1) c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 181 2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land. 3: The notice must include— a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land. 177: Notice requirements Schedule 5 a: an RFR landowner; or b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers 178: Right of first refusal recorded on computer registers for RFR land 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,— a: the RFR land for which there is a computer register on the RFR date for the land; and b: the RFR land for which a computer register is first created after the RFR date for the land; and c: land for which there is a computer register that becomes RFR land after the settlement date. 2: The chief executive must issue a certificate as soon as is reasonably practicable after— a: the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or b: receiving a notice under section 174 3: Each certificate must state that it is issued under this section. 4: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is— a: RFR land, as defined in section 155 b: subject to this subpart (which restricts disposal, including leasing, of the land). 179: Removal of notifications when land to be transferred or vested 1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 176 a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land; and d: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notifications recorded under section 178 180: Removal of notifications when RFR period ends 1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes— a: the reference for each computer register for RFR land that still has a notification recorded under section 178 b: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 178 General provisions applying to right of first refusal 181: Waiver and variation 1: The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart. 2: The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart. 3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it. 182: Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body. 183: Assignment of rights and obligations under this subpart 1: Subsection (3) applies if an RFR holder— a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and b: has given the notices required by subsection (2). 2: An RFR holder must give notices to each RFR landowner— a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and b: specifying the date of the assignment; and c: specifying the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and d: specifying the street address, postal address, and fax number or electronic address for notices to the assignees. 3: This subpart and Schedule 5 4: In this section and Schedule 5 constitutional documents RFR holder a: they are the trustees of 1 or more offer trusts; or b: they have previously been assigned those rights and obligations under this section. 4: Governance arrangements and miscellaneous matters 1: Arrangements for governance reorganisation 184: Interpretation 1: In this Part assets and liabilities a: means assets and liabilities owned, controlled, or held, wholly or in part, immediately before the settlement date, by or on behalf of the Aupouri Maori Trust Board; and b: includes— i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) Aupouri Maori Trust Board Board section 5 date of transfer section 186 exempt income section YA 1 final report a: a statement of the financial position of the Board and other information required by section 189(1) and (2) b: an audit report prepared by the Auditor-General on the statement and information referred to in paragraph (a) Inland Revenue Acts section 3(1) Maori Trust Board section 2 reorganisation subsidiaries section 5 a: Aupouri Property Limited, incorporated under company number 4160598; and b: Kiwidotcom (2010) Limited, incorporated under company number 545950; and c: Aupouri Development Company Limited, incorporated under the company number 479911; and d: Numberworks’n Words Northland Limited, incorporated under the company number 5140622; and e: Success Staffing Solutions Limited, incorporated under the company number 4996180; and f: Te Kahu Oranga Whanau Limited, incorporated under the company number 5245022 taxable income section YA 1 2: Unless the context otherwise requires, terms and expressions used but not defined in this Part Trust dissolved 185: Dissolution of Board 1: On the settlement date,— a: the Board continued by section 5 b: the term of office of the members of the Board expires. 2: On and from the settlement date,— a: proceedings by or against the Board may be continued, completed, and enforced by or against the trustees; and b: a reference to the Board (express or implied) in any enactment (other than in this Act), or in any instrument, register, agreement, deed (other than in the deed of settlement), lease, application, notice, or other document in force immediately before the settlement date must, unless the context otherwise requires, be read as a reference to the trustees. 3: A person holding office as a member of the Board immediately before the settlement date is not entitled to compensation as a result of the expiry under this Part 186: Vesting of assets and liabilities 1: On the settlement date, the assets and liabilities of the Board, except those referred to in sections 187 188 2: Despite subsection (1), the assets and liabilities of the subsidiaries continue to be assets and liabilities of those subsidiaries. 3: To the extent that any assets and liabilities of the Board are held subject to any charitable trusts, those assets and liabilities are— a: freed of all charitable trusts; but b: subject to the trusts expressed in the Te Rūnanga Nui o Te Aupouri Trust deed. 4: To avoid doubt, nothing in this section has the effect, of itself, of causing the subsidiaries to be different persons for the purposes of the Inland Revenue Acts. 187: Takahua Burial Ground Block 1: The Māori reservation known as the Takahua Burial Ground Block vests as undivided one-third shares in the specified trustees as tenants in common as follows: a: a share vests in the trustees; and b: a share vests in the trustees of Te Rūnanga o Te Rarawa; and c: a share vests in the trustees of Te Rūnanga-Iwi O Ngāti Kahu. 2: The Takahua Burial Ground Block remains set apart as a Māori reservation for the purposes of a burial ground for the common use and benefit of the members of Te Aupouri, Te Rarawa, and Ngāti Kahu as provided for in section 338 3: The chief executive of Te Puni Kōkiri must, as soon as is reasonably practicable after the settlement date, provide written notification of the vesting in subsection (1) to— a: the Registrar-General; and b: the Registrar. 4: The persons referred to in subsection (3) must, as soon as is reasonably practicable after receiving the notice, update their records accordingly. 5: The legal description of the Takahua Burial Ground Block is set out in Schedule 6 6: In this section and section 188 Registrar section 4 7: In this section, Te Rūnanga-a-Iwi O Ngāti Kahu 188: Te Neke Block 1: The Māori reservation known as the Te Neke Block vests as undivided one-third shares in the specified trustees as tenants in common as follows: a: a share vests in the trustees; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust; and c: a share vests in the trustees of Te Runanga o NgāiTakoto. 2: The Te Neke Block remains set apart as a Māori reserve for the purposes of recreation and as a camping ground for the common use and benefit of the members of Te Aupouri, Ngāti Kuri, and NgāiTakoto as provided for in section 338 3: The chief executive of Te Puni Kōkiri must, as soon as is reasonably practicable after the settlement date, provide written notification of the vesting in subsection (1) to the Registrar. 4: The Registrar must, as soon as is reasonably practicable after receiving the notice, update his or her records accordingly. 5: The legal description of the Te Neke Block is set out in Schedule 6 Administrative matters 189: Final report of Board 1: As soon as is reasonably practicable after the settlement date, the trustees must prepare a final report (as if the report were an annual report) to show fully the financial results of the operations of the Board for the period beginning on the date of the previous annual report and ending with the close of the day immediately before the settlement date. 2: The final report must consist of a statement of the financial position of the Board and other statements of accounts necessary to provide the information required by subsection (1). 3: As soon as is reasonably practicable after the completion of the final report, the trustees must provide the final report to the Minister of Māori Affairs, who must present it to the House of Representatives as soon as is reasonably practicable after receiving it from the trustees. 190: Matters not affected by transfer Nothing given effect to or authorised by this subpart— a: places the Board or the trustees of Te Rūnanga Nui, the Crown, or any other person or body in breach of a contract or confidence, or makes them civilly or criminally liable for any matter; or b: creates a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or c: places the Board, the trustees of Te Rūnanga Nui, the Crown, or any other person or body in breach of an enactment, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or d: releases a surety wholly or in part from an obligation; or e: invalidates or discharges a contract. 191: Status of contracts and other instruments 1: In subsection (2), contracts and other instruments 2: On and from the settlement date, contracts and other instruments are binding on, and enforceable by, against, or in favour of, the trustees as if the contracts or other instruments had been entered into by, made with, given to or by, or addressed to or by the trustees and not the Board. 192: Status of existing securities 1: A security held by the Board as security for a debt or other liability to the Board incurred before the settlement date— a: is available to the trustees as security for the discharge of that debt or liability; and b: if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the trustees incurred on or after the settlement date. 2: The trustees are entitled to the same rights and priorities, and are subject to the same liabilities, in relation to the security as the Board would be if this subpart had not been passed. 193: Books and documents to remain evidence 1: A document, matter, or thing that would have been admissible in evidence for or against the Board is, on and after the settlement date, admissible in evidence for or against the trustees. 2: For the purpose of this section, document section 4 194: Registers 1: The Registrar-General and other persons charged with keeping books or registers are not required to change the name of the Board to the names of the trustees in the books or registers or in a document solely because of the provisions of this subpart. 2: If the trustees present an instrument referred to in subsection (3) to the Registrar-General or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the trustees, as specified in the instrument. 3: For the purposes of this section, the instrument need not be an instrument of transfer, but must— a: be executed or purport to be executed by the trustees; and b: relate to assets or liabilities held, managed, or controlled by the Board or any entity wholly or partly owned or controlled by the Board immediately before the settlement date; and c: be accompanied by a certificate given by the trustees or their solicitor that the property was vested in the trustees by or under this Act. 4: This section does not apply to the registration of the vestings referred to in sections 187 188 195: Interpretation In sections 196 to 198 transferred employee 196: Liability of employees and agents 1: A person who, at any time before the settlement date, held office as a member of the Board or who was an officer, employee, agent, or representative of the Board, is not personally liable in respect of an act or thing done or omitted to be done by him or her before the settlement date in the exercise or bona fide purported exercise of an authority conferred by or under the Maori Trust Boards Act 1955 2: This section applies only— a: in the absence of actual fraud; and b: if the act or omission does not amount to an offence under any enactment or rule of law. 197: Transfer of employees On and from the settlement date, each employee of the Board ceases to be an employee of the Board and becomes an employee of the trustees. 198: Protection of terms and conditions of employment 1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the settlement date. 2: Subsection (1)— a: continues to apply to the terms and conditions of employment of a transferred employee until they are varied by agreement between the transferred employee and the trustees; but b: does not apply to a transferred employee who receives any subsequent appointment with the trustees. 199: Continuity of employment For the purposes of an enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the employee from the Board to the trustees does not, of itself, break the employment of that person, and the period of his or her employment by the Board is to be regarded as having been a period of service with the trustees. 200: No compensation for technical redundancy A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that— a: the position held by the employee with the Board has ceased to exist; or b: the employee has ceased, as a result of his or her transfer to the trustees, to be an employee of the Board. 2: Taxation provisions 201: Application This subpart applies, for the purposes of the Inland Revenue Acts, by virtue of the reorganisation of the governance of Te Aupouri under subpart 1 Trustees deemed to be same person as Aupouri Maori Trust Board 202: Taxation in respect of transfer of assets and liabilities of Board 1: On and from the date on which the assets and liabilities vest in the trustees under section 186 a: the trustees are deemed to be the same person as the Board; and b: everything done by the Board before the assets and liabilities vest in the trustees is deemed to have been done by the trustees on the date that it was done by the Board. 2: Income derived or expenditure incurred by the Board before the assets and liabilities vest in the trustees does not become income derived or expenditure incurred by the trustees just because the assets and liabilities vest in the trustees under section 186 3: Subsection (4) applies if income of the Board— a: is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and b: is exempt income of the Board but is not exempt income of the trustees. 4: The trustees must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property on the day it becomes the trustees' property for a consideration that is its market value on that day. 5: The trustees must identify the undistributed charitable amounts, using the following formula: x – y where— x is the total amounts derived by the Board that, but for the application of sections CW 41 CW 42 y is the amounts described in x that have been distributed before the settlement date. 6: The undistributed charitable amounts referred to in subsection (5) are excluded from the corpus of the trustees for the purposes of the Income Tax Act 2007 7: If the trustees distribute an undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007 8: If the trustees distribute an undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient. 203: Election by trustees to be Maori authority 1: If the trustees make an election under section HF 11 section 202(5) a: exempt income if the distribution is applied for a charitable purpose; or b: a taxable Maori authority distribution. 2: If this section applies, the amount must be disregarded for the purposes of section HF 8 Subsidiaries 204: Taxation in respect of assets and liabilities of subsidiaries 1: This section applies provided that— a: the assets and liabilities of the subsidiaries remain the assets and liabilities of those subsidiaries; and b: income of a subsidiary derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of that subsidiary before the commencement of this Act, and ceases to be exempt income as a result of the application of section 186(4) 2: The subsidiaries are to be treated as having acquired the financial arrangement, trading stock, revenue account, or depreciable property for a consideration that is its market value on the date of the commencement of this Act. 205: Election by subsidiary to be Maori authority 1: If either of the subsidiaries makes an election under section HF 11 sections CW 41 CW 42 2: If this section applies, the distribution must be disregarded for the purposes of section HF 8 3: Miscellaneous matters Amendments 206: Maori Trust Boards Act 1955 amended 1: This section amends the Maori Trust Boards Act 1955 2: On and from the settlement date, section 5 2015-12-17 Maori Trust Boards Act 1955 settlement date defined in s 12 – the date that is 60 working days after the date on which this Act comes into force 207: Amendments to Maori Trust Boards Regulations 1985 1: This section amends the Maori Trust Boards Regulations 1985 2: Revoke clauses 5 17 3: In Schedule 1 4: In Schedule 2 2015-09-23 Maori Trust Boards Regulations 1985

DLM6512403

2015

Land Transfer Amendment Act 2015

1: Title This Act is the Land Transfer Amendment Act 2015. 2: Commencement This Act comes into force on 1 October 2015. 3: Principal Act This Act Land Transfer Act 1952 principal Act 2015-10-01 Land Transfer Act 1952 4: New section 2AA inserted (Transitional, savings, and related provisions) After section 2 2AA: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA 5: New sections 156A to 156J and cross-heading inserted After section 156 Tax statement required for registration of instrument to transfer some estates in land 156A: Interpretation 1: For the purpose of this section and sections 156B to 156J certifier chief executive main home a: that is mainly used as a residence by the person (a home b: with which the person has the greatest connection, if they have more than 1 home nominee section YB 21(2) offshore person specified estate in land a: freehold estates, including fee simple and life estates; and b: leasehold estates; and c: stratum estates in freehold within the meaning of the Unit Titles Act 2010; and d: stratum estates in leasehold within the meaning of the Unit Titles Act 2010; and e: licences to occupy (as defined in section 121A(1)); and f: any other estate in land declared to be a specified estate in land by regulations made under this Act tax information a: section 156C(1)(b) to (g) and (if applicable) (2) b: if applicable, section 156D tax statement a: sections 156B and 156C b: if applicable, section 156D 2: For the purpose of this section and sections 156B to 156J non-notifiable transfer a: means,— i: in relation to a transferee who is a natural person, the transfer of land that is intended to be used predominantly for a dwelling that will be the transferee’s main home: ii: in relation to a transferor who is a natural person, the transfer of land that has been used predominantly, for most of the time the transferor owned the land, for a dwelling that was the transferor’s main home: iii: any other transfer specified in regulations made under this Act as a non-notifiable transfer; but b: does not include— i: a transfer described in paragraph (a)(i) ii: a transfer described in paragraph (a)(ii) iii: a transfer described in paragraph (a)(ii) iv: any transfer, in relation to a transferee or a transferor who is an offshore person. 156B: Transferors and transferees must provide tax statement stating that transfer non-notifiable or providing tax information 1: An instrument to transfer a specified estate in land is not in order for registration unless— a: each of the transferors and transferees completes a tax statement; and b: the tax information in that statement is given to the chief executive in accordance with subsection (2) or (3) 2: If the instrument is an electronic instrument,— a: the transferor or transferee must give the tax statement to the certifier; and b: the certifier must give the tax information in that statement to the chief executive by lodging the information in an electronic workspace facility approved by the Registrar under section 22 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 when lodging the instrument for registration. 3: If the instrument is a paper instrument, the tax statement must be attached to the instrument when the instrument is lodged for registration in accordance with section 47. 156C: Content of tax statement 1: A tax statement completed by or on behalf of a transferor or transferee must— a: be signed by the transferor or transferee; and b: be dated on the date on which it was signed; and c: state the transferor or transferee’s full name; and d: state whether the transfer is of land that has a home on it; and e: state whether the transferor or, as the case may be, the transferee, or a member of that person’s immediate family, is a New Zealand citizen or a holder of a resident visa, work visa, or student visa; and f: in the case of a transferee, if the transferee or a member of the transferee’s immediate family is a holder of a work visa or student visa, state whether the transferee or a member of the transferee’s immediate family intends living on the land; and g: either— i: state that the transfer instrument is for a non-notifiable transfer (or, as the case may be, is, in respect of the transferor or transferee making the statement, a non-notifiable transfer) and specify the category of that non-notifiable transfer; or ii: provide all of the information set out in subsection (2) 2: The information must include all of the following: a: the transferor or transferee’s IRD number; and b: whether the transferor or transferee (without taking into account any double tax agreement that would otherwise apply) is, or is not, treated as tax resident in a jurisdiction other than New Zealand as at the date of the statement; and c: if the transferor or transferee is (without taking into account any double tax agreement that would otherwise apply) treated as tax resident in a jurisdiction other than New Zealand as at the date of the statement,— i: the name of that jurisdiction; and ii: the country code for that jurisdiction as prescribed by the Commissioner of Inland Revenue; and iii: the equivalent of the transferor or transferee’s IRD number in that jurisdiction. 3: However, if a transferor or transferee is— a: acting in the capacity of the trustee of a trust, the information must relate to the trustee in that capacity; or b: acting as a nominee or under a power of attorney, the information must relate to the person who made the nomination or granted the power of attorney; or c: acting in the capacity of a partner in a partnership, the information must relate to the partnership; or d: a person acting on behalf of an unincorporated body, the information must relate to the unincorporated body. 4: To avoid doubt, a transferor or transferee who does not have an IRD number must request one for the purpose of providing the information required by subsection (2)(a) 5: In this section, IRD number 6: For the purpose of subsection (1)(d) home 156D: Omissions and errors 1: An omission or error in any tax information provided in accordance with section 156B(2) or (3) a: if the tax information in a tax statement was incorrect, the transferor or transferee must complete a corrected tax statement in accordance with section 156C section 156B(2)(a) b: if the incorrect tax information was given to the chief executive by lodging the information in an electronic workspace facility in accordance with section 156B(2)(b) c: if the incorrect tax information was given to the chief executive by attaching a tax statement to an instrument in accordance with section 156B(3) 2: An omission or error in any tax information provided in accordance with section 156B(2) or (3) sections 156B and 156C a: affect the validity of any registration of an instrument to transfer a specified estate in land; or b: give rise to any liability of, or claim for compensation from, the chief executive, the Registrar-General, or the Crown. 156E: Offence to provide false or misleading tax information 1: A person commits an offence if the person gives a tax statement to a certifier or the chief executive in accordance with section 156B(2) or (3) or section 156D 2: A person who commits an offence under subsection (1) a: the first time the person is convicted, to a fine not exceeding $25,000; and b: on every other occasion the person is convicted, to a fine not exceeding $50,000. 156F: Chief executive must supply tax information to Commissioner of Inland Revenue 1: The chief executive must supply to the Commissioner of Inland Revenue tax information and details about the transfer or transfers to which the tax information relates that are held by Land Information New Zealand. 2: The chief executive and the Commissioner may, for the purpose of this section, determine by written agreement between them, in relation to the information that must be supplied under subsection (1) a: the frequency with which the information must be supplied; and b: the form in which the information must be supplied; and c: the method by which the information must be supplied. 3: Subsection (1) 156G: Other provisions concerning use of tax information The chief executive may release the information specified in section 156C(1)(d), (e), (f), and (g), (2)(b), and (c)(i) and (ii) a: in aggregate form only; and b: in a manner that prevents any particular person, estate in land, or transaction from being identified. 156H: Certifier and chief executive must hold tax statement and provide copies 1: A certifier must— a: retain each tax statement given to him or her in accordance with section 156B(2) or 156D b: give a copy of that statement to the Commissioner of Inland Revenue as soon as practicable after receiving a request in writing from the Commissioner. 2: The chief executive must— a: retain each tax statement given to him or her in accordance with section 156B(3) or 156D b: give a copy of that statement to the Commissioner of Inland Revenue as soon as practicable after receiving a request in writing from the Commissioner. 156I: Status of tax information 1: The chief executive and certifiers must not use tax information, or disclose tax information to any person, except as set out in sections 156B, 156D, 156F, 156G, 156H, and 156J 2: Tax information does not form part of the register and must not be made accessible to the public. 156J: Disclosure of information between authorised persons 1: No obligation as to secrecy or other restrictions imposed by an enactment or otherwise on the disclosure of information prevents— a: an authorised person from disclosing tax information to another authorised person for the purpose of sections 156B, 156D, 156F, 156G, and 156H b: an authorised person from disclosing to another authorised person any information for the purpose of verifying tax information; or c: an authorised person from disclosing to another authorised person any information for the purpose of administering the Inland Revenue Acts, to the extent that the administration of those Acts concerns tax information; or d: an authorised person from disclosing to another authorised person any information for the purpose of detecting, investigating, or prosecuting a potential offence under section 156E 2: In this section,— authorised person a: the Commissioner of Inland Revenue or an Inland Revenue officer who is authorised by the Commissioner to disclose and receive information under this section; or b: the chief executive, or an employee of the department who is authorised by the chief executive to disclose and receive information under this section Inland Revenue Acts 6: Section 164B amended (Who may give certification) 1: In section 164B(2)(c) section 164C section 156B(2)(b), 156D(1)(b), 156H 2: In section 164B(4)(b) section 164C sections 156B(2)(b), 156D(1)(b), 156H 7: Section 236 amended (Regulations) 1: After section 236(1)(h) ha: for the purposes of sections 156A and 156B subsection (4) i: specifying transfers of specified estates in land that are exempt from the requirements of section 156B ii: specifying transfers of specified estates in land that are non-notifiable transfers (which may be non-notifiable in relation to the transferee, the transferor, or both), including by reference to the nature of the transferor, transferee, transaction, type of estate in land, class of estate in land, or otherwise: hb: declaring estates in land that are specified estates in land for the purposes of section 156A 2: After section 236(3) 4: Regulations may be made under subsection (1)(ha) a: requiring persons to comply with the requirements of section 156B b: there is a low risk of tax avoidance in relation to the transfers proposed to be specified as exempt or non-notifiable. 8: New Schedule 1AA inserted Insert the Schedule 1AA Schedule 9: Consequential amendment to Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 1: This section amends the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 2: After section 23(1)(b) ba: the instrument is associated with the information required under section 156B(2) 2015-10-01 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

DLM6485502

2015

Customs and Excise Amendment Act 2015

1: Title This Act is the Customs and Excise Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Customs and Excise Act 1996 principal Act 2015-05-28 Customs and Excise Act 1996 4: Sections 288B to 288I and cross-headings inserted After section 288A Levies for recovering border processing costs 288B: Levies for recovering border processing costs 1: In this section, traveller 2: Every traveller who on or after 1 January 2016 arrives in or departs New Zealand is liable, while there is a levy order in force under subsection (3) 3: The Governor-General may, by Order in Council, on the recommendation of the Minister, make a levy order prescribing— a: the rate of levy or the basis on which the rate is to be calculated or ascertained; and b: insofar as the order does not set an actual rate, how the actual rate of the levy is to be set; and c: when and how the levy is to be paid; and d: how the rate of the levy, and any variation of the rate, is to be notified. 4: The Minister must, before recommending that a levy order be made under this section, consult with such persons, representative groups, government departments, and Crown agencies as he or she considers reasonable and appropriate in the circumstances. 5: A levy order must not be made in respect of the costs that are otherwise recovered or otherwise to be recovered under this Act or the Airports (Cost Recovery for Processing of International Travellers) Act 2014. 6: A levy order made under this section— a: is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012; and b: must be presented to the House of Representatives under section 41 of that Act. 288C: Contents of border processing levy order 1: A levy order under section 288B a: prescribe different rates of levy, on any differential basis, for different persons or different classes of persons: b: prescribe a maximum rate or maximum rates of levy: c: exempt certain persons or classes of persons from the requirement to pay the levy: d: prescribe persons responsible for collecting the levy from those primarily responsible for paying it: e: allow persons collecting the levy to recover the costs of collecting the levy and, if so, prescribe the basis on which those costs are to be calculated or ascertained: f: require that returns be made to the chief executive or some other person or body to enable the amounts of levy payable to be calculated, determined, or verified: g: provide, subject to such conditions as may be prescribed, for extensions of time for the payment of the levy: h: provide for the payment of additional or increased levy in the event of late payment or non-payment: i: provide for circumstances in which levy paid may be refunded: j: require that levy funds payable be held on trust in separate accounts. 2: Every order must,— a: for the purpose of determining whether an order is being complied with, require any of the following persons to keep statements, accounts, or records of specified classes or descriptions: i: the chief executive: ii: persons responsible for collecting the levy: iii: persons responsible for paying the levy; and b: provide for those statements, accounts, or records to be retained for a specified period; and c: provide for the remuneration of auditors under section 288G(2) 1993 No 95 ss 140, 141A 288D: Trust accounts for levy money payable to chief executive 1: If a levy order provides that the levy funds payable are to be held on trust in separate accounts, each person responsible for collecting the levy must— a: keep a bank account at a registered bank; and b: ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and c: take all practicable steps to ensure that— i: the account is used only for holding amounts required to be deposited under this section; and ii: the balance in the account on any day is not less than the amount outstanding on that day to the chief executive. 2: A person responsible for collecting a levy must deposit in a trust account an amount equal to the levy calculated in accordance with the levy order on the day or days specified in, or calculated in accordance with, that order. 3: If the amount held in the trust account— a: is more than the amount of levy money that is outstanding to the chief executive, the amount outstanding is deemed to be held on trust for the chief executive: b: is the same as or less than the amount that is outstanding, all the money in the account is deemed to be held on trust for the chief executive. 4: Money deemed by subsection (3) 5: A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account until all the levy money payable to the chief executive, in respect of the period during which that person was responsible for collecting the levy, has been paid. 6: Nothing in subsection (5) 7: In this section,— levy order section 288B registered bank trust account subsection (1) 1993 No 95 s 140A 288E: Effect of levy order If a levy order is made under section 288B a: every person responsible for paying or collecting the levy must do so; and b: the chief executive may recover the levy in any court of competent jurisdiction as a debt due from any person responsible for paying or collecting it. 1993 No 95 s 141 288F: Compliance audits 1: While an order under section 288B 2: The purpose of an audit under this section is to ascertain— a: the extent to which persons responsible for paying or collecting the levy concerned are doing or have done so: b: the extent to which appropriate amounts of the levy concerned are being or have been paid over to the chief executive: c: the extent to which statements, accounts, and records are being or have been kept or properly kept. 1993 No 95 ss 141B(1), (2), 141C 288G: Auditors 1: A person is not qualified to be an auditor for the purpose of section 288F a: the person is not a qualified auditor within the meaning of section 35 of the Financial Reporting Act 2013: b: the person is an officer or employee of— i: the chief executive: ii: any person responsible for collecting the levy concerned: iii: any person responsible for paying the levy concerned. 2: Every person appointed as an auditor is entitled to remuneration paid by the chief executive as provided for in the relevant levy order. 3: For the purposes of conducting an audit, an auditor may— a: require any specified person to produce, and the person must produce, for inspection within a reasonable period specified by the auditor any statements, accounts, and records— i: that are required to be kept under section 288C(2) ii: that are in that person’s possession or under that person’s control: b: take copies of, or extracts from, those statements, accounts, and records. 4: The persons referred to in subsection (3)(a) a: the chief executive: b: any person responsible for collecting the levy: c: any employee or officer of a person in paragraph (a) or (b) 5: Every direction under subsection (3) a: a reference to this section; and b: the full name of the auditor; and c: a statement of the powers conferred on the auditor by that subsection. 6: An auditor must not disclose to any person other than the Minister (or a person authorised in that behalf by the Minister) any information obtained by the auditor under subsection (3) a: a prosecution under this Act: b: an action for the recovery of any amount due under this Act. 7: To avoid doubt, the Official Information Act 1982 applies in respect of any information held by a Minister that was obtained pursuant to subsection (6) 1993 No 95 ss 141B(3)–(5), 141D 288H: Offences in relation to levy orders 1: A person commits an offence against this Act who fails to keep or maintain statements, accounts, or records that are required to be kept or maintained under an order made under section 288B 2: A person commits an offence against this Act who fails to make a return that the person is required to make by an order made under section 288B 3: A person commits an offence against this Act who makes a return that the person is required to make by an order made under section 288B 4: A person commits an offence against this Act who fails to comply with a requirement imposed under section 288G(3)(a) 5: Every person who commits an offence against subsection (1) a: in the case of an individual, to a fine not exceeding $5,000: b: in the case of a body corporate, to a fine not exceeding $15,000. 6: Every person who commits an offence against subsection (2) or (4) a: in the case of an individual, to a fine not exceeding $1,000: b: in the case of a body corporate, to a fine not exceeding $3,000. 7: Every person who commits an offence against subsection (3) a: in the case of an individual, to a fine not exceeding $10,000: b: in the case of a body corporate, to a fine not exceeding $30,000. 1993 No 95 ss 154N(15), (16), 154O(7) 288I: Section 288H strict liability offences 1: This section applies to the offences in section 288H(1), (2), and (4) 2: The offences are strict liability offences and the prosecution is not required to prove that a defendant intended to commit the offence. 3: The defendant will have a defence if the defendant proves that— a: the action or event to which the prosecution relates was due to— i: the act or omission of another person; or ii: an accident; or iii: some other cause or circumstance outside the defendant's control; and b: the defendant took all reasonable precautions, and exercised due diligence, to avoid the commission of the offence. 4: The defence in subsection (3) a: states the defendant's intention to rely on the defence; and b: includes facts that support the defence. 1993 No 95 s 154N Consequential amendments, revocations, and repeals

DLM6412200

2015

Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015

1: Title This Act is the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Amendments to Remuneration Authority Act 1977 3: Principal Act This Part amends the Remuneration Authority Act 1977 principal Act 2015-03-20 Remuneration Authority Act 1977 day after assent 4: New section 3A inserted (Transitional, savings, and related provisions) After section 3 3A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA 5: Section 18 amended (Criteria of Authority) After section 18(2) 3: This section— a: applies to the Authority when determining the allowances of members of Parliament under section 12(1)(a)(i); but b: does not apply to the Authority when determining the salaries of members of Parliament under section 12(1)(a)(i). 6: Section 18A amended (Countervailing economic conditions) After section 18A(4) 5: This section— a: applies to the Authority when determining the allowances of members of Parliament under section 12(1)(a)(i); but b: does not apply to the Authority when determining the salaries of members of Parliament under section 12(1)(a)(i). 7: New section 18B inserted (Fixing salaries of members of Parliament) After section 18A 18B: Fixing salaries of members of Parliament 1: For the purpose of any determination under section 12(1)(a)(i), the Authority must fix the salaries of members of Parliament in accordance with this section. 2: A salary rate for a 12-month period from 1 July to 30 June (the relevant 12-month period S r r p p r where— S r is the salary rate for the relevant 12-month period Su r is the amount of the superannuation subsidy that will be payable (in accordance with the determination made under section 12(1)(b) and (ba)) in the relevant 12-month period S p is the salary rate for the 12-month period immediately before the relevant 12-month period (the previous 12-month period Su p is the amount of the superannuation subsidy that was payable (in accordance with the determination made under section 12(1)(b) and (ba)) in the previous 12-month period a is the average ordinary time weekly earnings for FTE employees in the public sector as determined by the Quarterly Employment Survey for each of the 4 quarters of the previous 12-month period, added together and divided by 4 b is the average ordinary time weekly earnings for FTE employees in the public sector as determined by the Quarterly Employment Survey for each of the 4 quarters of the 12-month period immediately before the 12-month period referred to in item a, added together and divided by 4 P r is the amount of any change in the personal benefit or potential personal benefit that the Authority is required to take into account under section 16(2)(b) 3: In subsection (2),— FTE Quarterly Employment Survey 4: For the purposes of applying the formula in subsection (2), the number resulting from dividing variable a by variable b must be rounded up or down to 4 decimal places (with 0.00005 or greater being rounded up). 5: If the result of the calculation a ÷ b, as those variables are defined in subsection (2), is less than 1, the Authority must fix the rates of salaries for the relevant 12-month period as if the result of the calculation a ÷ b were equal to 1. 6: Nothing in subsection (5) limits section 24. 7: If the Authority is fixing a salary rate for the first time for a position for which there is no previous determination, the Authority must fix the rate consistently with a comparable position or positions for members of Parliament. 8: Section 19 amended (Frequency of adjustments) Replace section 19(5) 5: Notwithstanding any term included in any determination, the Authority must review and issue a determination for each position that is subject to its jurisdiction,— a: in the case of the salaries of members of Parliament, at intervals of not more than 12 months in respect of each period of 12 months ending on 30 June; and b: in the case of the allowances of members of Parliament, at intervals of not more than 3 years; and c: in any other case, at intervals of not more than 3 years. 9: New Schedule 1AA inserted Insert the Schedule 1AA set out in the Schedule 2: Amendments to Members of Parliament (Remuneration and Services) Act 2013 10: Principal Act This Part amends the Members of Parliament (Remuneration and Services) Act 2013 principal Act 2015-03-20 Members of Parliament (Remuneration and Services) Act 2013 day after assent 11: Section 16 amended (Principles) 1: Replace section 16(1)(c) c: that, if changes to services provided increase or decrease any element of remuneration or other private benefit, the value of that increase or decrease should be taken into account by the Remuneration Authority in determining salaries under Part 2: . 2: After section 16(2)(a)(ii) iii: include in the determination or direction a statement of the value assessed under subparagraph (ii); and . 3: Replace section 16(2)(b) and (c) b: when fixing salaries for a relevant 12-month period (as that term is defined in section 18B(2) c: the Remuneration Authority must include in its determination of the salaries and allowances under section 8 a statement that sets out how it has taken values assessed under this subsection into account in determining salaries.

DLM6506201

2015

Passports Amendment Act 2015

1: Title This Act is the Passports Amendment Act 2015. 2: Commencement This Act comes into force on 30 November 2015. 1: Amendments to principal Act 3: Principal Act This Act amends the Passports Act 1992 principal Act 2015-11-30 Passports Act 1992 4: Section 2 amended (Interpretation) 1: In section 2 Minister Minister 2: In section 2 New Zealand travel document database 3: In section 2 officer Department of Internal Affairs department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 4: In section 2 passport and is incapable of being renewed, 5: New section 2A inserted (Transitional, savings, and related provisions) After section 2 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 6: Part 1 heading amended In the heading to Part 1 Issue, renewal, Issue 7: Cross-heading above section 3 amended In the cross-heading above section 3 Issue, renewal, and endorsement Issue 8: Section 5 amended (Life of passport) 1: Replace section 5(1) 1: Unless cancelled sooner under this Act,— a: every New Zealand passport issued to a person who is at least 16 years old is valid for 10 years from the date of issue: b: every New Zealand passport issued to a person who is less than 16 years old is valid for 5 years from the date of issue. 2: In section 5(1A)(a) this section section 8 of the Passports Amendment Act 2015 3: In section 5(2) Notwithstanding Despite 9: Section 6 repealed (Renewal of passport) Repeal section 6 10: Section 8 amended (Cancellation of passport where holder ceases to be entitled to passport) After section 8(1) 2: This section is subject to section 27I 11: Section 8A amended (Cancellation of passport on grounds of national security) After section 8A(1) 1A: This section is subject to section 27I 12: Section 9 amended (Cancellation of passport on other grounds) 1: In section 9(1)(b) and is incapable of being renewed 2: In section 9(1)(e) the passport, or any renewal or endorsement of the passport, has the passport has 3: After section 9(1) 1A: The Minister may cancel a New Zealand passport if the holder of the passport states, in a declaration that is made in a manner approved by the Secretary, that the passport has been lost or stolen. 4: After section 9(2) 3: This section is subject to section 27I 13: Section 9A amended (Cancellation of passport pursuant to court order) In section 9A 2: This section is subject to section 27I 14: New section 11A and cross-heading inserted After section 11 Warnings on New Zealand travel document database 11A: Warnings on New Zealand travel document database The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that— a: the New Zealand travel document has been, or is to be, recalled under any of sections 10, 21, 26, and 27F: b: the holder of the New Zealand travel document is, by a court order or the conditions of his or her bail, required to surrender the document or to remain in New Zealand. 15: Section 13 amended (Issue of temporary passport where passport surrendered) Replace section 13(2) 2: Despite section 5, every temporary New Zealand passport is, unless sooner cancelled under this Act, valid for the period for which it is issued, which may not exceed 2 years. 16: Cross-heading above section 16 amended In the cross-heading above section 16 Issue, renewal, and endorsement Issue 17: Section 17 amended (Life of certificate of identity) In section 17 4 years 2 years 18: Section 18 repealed (Renewal of certificate of identity) Repeal section 18 19: Section 20 amended (Cancellation of certificate of identity) 1: In section 20(1)(b) and is incapable of being renewed 2: After section 20(1) 1A: The Minister may cancel a certificate of identity if the holder of the certificate states, in a declaration that is made in a manner approved by the Secretary, that the certificate has been lost or stolen. 3: In section 20(2) subsection (1) or cancels the certificate under subsection (1A) 4: After section 20(2) 3: This section is subject to section 27I 20: Section 20A amended (Cancellation of certificate of identity on grounds of national security) After section 20A(1) 1A: Subsection (1) is subject to section 27I 21: Section 25 amended (Cancellation of emergency travel document) 1: After section 25(1) 1A: The Minister may cancel an emergency travel document if the holder of the document states, in a declaration that is made in a manner approved by the Secretary, that the document has been lost or stolen. 2: In section 25(2) subsection (1) or cancels the document under subsection (1A) 3: After section 25(2) 3: This section is subject to section 27I 22: Section 25A amended (Cancellation of emergency travel document on grounds of national security) After section 25A(1) 1A: Subsection (1) is subject to section 27I 23: Section 27C amended (Life of refugee travel document) 1: In section 27C(1) 2 years 5 years 2: Repeal section 27C(2) 24: Section 27D amended (Cancellation of refugee travel document) 1: In section 27D(1)(b) and is incapable of being renewed 2: After section 27D(1) 1A: The Minister may cancel a refugee travel document if the holder of the document states, in a declaration that is made in a manner approved by the Secretary, that the document has been lost or stolen. 3: In section 27D(2) subsection (1) or cancels the document under subsection (1A) 4: After section 27D(2) 3: This section is subject to section 27I 25: Section 27E amended (Cancellation of refugee travel document on grounds of national security) After section 27E(1) 1A: Subsection (1) is subject to section 27I 26: Section 27H amended (Death of holder of New Zealand travel document) Replace section 27H(2) and (3) 2: This section is subject to section 27I 27: New section 27I and cross-heading inserted After section 27H Electronic cancellation of New Zealand travel documents 27I: Electronic cancellation of New Zealand travel documents 1: The Minister may cancel a New Zealand travel document under any of sections 8, 8A, 9, 9A, 20, 20A, 25, 25A, 27D, 27E, and 27H by electronically recording the cancellation of that travel document on a New Zealand travel document database. 2: Despite any provision in any of sections 8, 8A, 9, 9A, 20, 20A, 25, 25A, 27D, and 27E, the Minister need not recall a New Zealand travel document, under the relevant section, nor have possession of the document, before cancelling it in accordance with subsection (1). 3: Where the Minister has cancelled a New Zealand travel document in accordance with subsection (1) but has not recalled it, the Minister must promptly take reasonable steps to notify the person concerned in writing of the cancellation. 4: Despite subsection (3), the Minister is not required to notify a person whose New Zealand travel document has been cancelled under section 9(1)(b), 9(1A), 20(1)(b), 20(1A), 25(1)(c), 25(1A), 27D(1)(b), 27D(1A), or 27H(1). 28: Section 28 amended (Appeal to High Court) In section 28(1)(a) or renewal 29: Section 30 amended (Offences relating to passport information and material) 1: In the heading to section 30 passport New Zealand travel document 2: In section 30(1) and (2) passport database New Zealand travel document database 3: Repeal section 30(3) 30: Section 31A repealed (Jurisdiction in respect of actions taken outside New Zealand) Repeal section 31A 31: Section 32 amended (False representations) 1: In section 32(1)(a) a written or oral statement any statement 2: In section 32(1)(b) a written or oral statement any statement 32: New section 32AA inserted (Jurisdiction in respect of actions taken outside New Zealand) After section 32 32AA: Jurisdiction in respect of actions taken outside New Zealand Proceedings may be brought for an offence against section 29A(1), 30(1), or 30A(1), any of paragraphs (a) to (d) of section 31(1), or section 32(1) even if the act or omission alleged to constitute the offence did not occur in New Zealand. 33: Section 37 amended (Information that may be disclosed) In section 37(1)(j) passports database New Zealand travel document database 34: Section 40 replaced (Regulations) Replace section 40 40: Regulations 1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a: requiring the payment of fees, and prescribing the amount of such fees, in respect of applications for and the issue of passports, certificates of identity, emergency travel documents, and refugee travel documents: b: requiring the payment of fees, and prescribing the amount of such fees, in respect of the provision of any administrative service specified in the regulations, such as the certification of a New Zealand travel document: c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 2: Any fees set under subsection (1) may differ depending on— a: the time at which the application is lodged: b: the type of travel document: c: whether the application is lodged in New Zealand or overseas: d: whether the application is for— i: a new travel document; or ii: a replacement for a lost or stolen travel document: e: in the case of an application lodged overseas, the overseas place where the application is lodged: f: the manner in which the application is lodged, for example, whether the application is lodged in paper form or electronically via an Internet site maintained by or on behalf of the Secretary: g: whether the applicant is, or is not, under the age of 16 years. 2: Further amendments to principal Act 35: Sections 41 to 44 and cross-headings repealed Repeal sections 41 to 44 sections 41, 42 43 44 36: Section 45 amended (Application of temporary provisions in Schedule) 1: In the heading to section 45 Schedule Schedule 2 2: In section 45 the Schedule Schedule 2 37: Section 46 amended (Transitional provision) In section 46(1) the Schedule Schedule 2 38: New Schedule 1 inserted Before the Schedule Schedule 39: Schedule amended 1: In the Schedule, after clause 7(2) 3: The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that the New Zealand travel document has been suspended. 2: The Schedule

DLM6564902

2015

Hazardous Substances and New Organisms Amendment Act 2015

1: Title This Act is the Hazardous Substances and New Organisms Amendment Act 2015. 2: Commencement 1: Sections 4(7), (8), (10), and (11) 8 9(4) 12 13 15 35 36 43(2) 49 52 2: The following provisions also come into force on the day after the date on which this Act receives the Royal assent: a: section 4(1) b: section 24 sections 76A(d), (f), (g), and (h) 76B 76C 76D c: sections 6 53 Schedule 7 Schedule 1 d: section 54 Schedule 2 3: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates and appointing different dates for different purposes. 4: Any provision that has not earlier been brought into force comes into force on 1 January 2018. Section 2(3) brought into force 1 July 2016 Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2016 Section 2(3) come into force 1 December 2017 Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2017 3: Principal Act This Act amends the Hazardous Substances and New Organisms Act 1996 principal Act 2015-09-05 Hazardous Substances and New Organisms Act 1996 Sections 4(7), (8), (10), and (11), 8, 9(4), 12, 13, 15, 35, 36, 43(2), 49, and 52 (see s 2(1)). Sections 4(1), 6, 24, 53, 54 re certain items (see s 2(2)). OIC LI 2016/110 2016-07-01 Hazardous Substances and New Organisms Act 1996 Section 10 only. See s 2(3) & LI 2016/110/2. OIC LI 2017/232 2017-12-01 Hazardous Substances and New Organisms Act 1996 Rest of the Act. See s 2(3). 4: Section 2 amended (Interpretation) 1: In section 2(1) classification control content control a: specifies the allowable limits for the content of any— i: substance contained in any substance or product; or ii: element or compound that makes up any substance contained in any substance or product; or b: specifies the allowable limits for the properties of any substance or product; or c: prohibits the presence of any— i: substance contained in any substance or product; or ii: element or compound that makes up any substance contained in any substance or product document ecotoxic control EPA control a: means any control imposed by the Authority under this Act for the purpose of controlling the adverse effects of hazardous substances on people or on the environment; and b: includes, but is not limited to, classification controls, content controls, disposal controls, and ecotoxic controls EPA notice Gazette section 76C gases under pressure a: a compressed gas; or b: a liquefied gas; or c: a refrigerated liquefied gas; or d: a dissolved gas workplace section 20 Health and Safety at Work Act 2015 2: In section 2(1) container 3: In section 2(1) controls regulations, rules, codes, or other documents regulations, rules, EPA notices, codes, or other instruments or documents 4: In section 2(1) exposure limit , a tolerable exposure limit, or a workplace exposure standard or a tolerable exposure limit 5: In section 2(1) hazardous substance regulations or an EPA notice 6: In section 2(1) landfill 7: In section 2(1) persistent organic pollutant but and 8: In section 2(1) persistent organic pollutant ba: includes a manufactured article containing 1 or more of those substances; but 9: In section 2(1) place of work port of entry 10: In section 2(1) prescribed regulations made or an EPA notice issued 11: In section 2(1) public notice public notice a: a notice published on an Internet site maintained by or on behalf of the Authority; or b: a notice published in 1 or more daily newspapers circulating in the main metropolitan areas, together with any other public notice (if any) that the Authority or Minister (as applicable) thinks fit 12: In section 2(1) serious harm 13: In section 2(1) stationary container 14: In section 2(1) test certificate 15: In section 2(1) tracking system 5: Section 3 amended (Act to bind the Crown) 1: In section 3(3) codes of practice for EPA controls for 2: In section 3(4)(a)(i), (5)(a)(i), and (6) controls EPA controls 3: In section 3(4)(a)(ii) and (5)(a)(ii) regulations made EPA notices issued 4: In section 3(7) regulations or EPA notices 5: In section 3(8) which involves any breach of an EPA control relating to a 6: New section 3A inserted (Transitional and savings provisions relating to amendments to Act) After section 3 3A: Transitional and savings provisions relating to amendments to Act The transitional and savings provisions set out in Schedule 7 the Hazardous Substances and New Organisms Amendment Act 2015 7: Section 11 amended (Powers, functions, and duties of Authority) 1: After section 11(1)(b) ba: carry out its enforcement functions under this Act: bb: issue certificates in accordance with section 82 2: After section 11(2) 2A: In carrying out its powers, functions, and duties conferred on it by or under this Act that relate to hazardous substances, the Authority must foster a co-operative and consultative relationship with WorkSafe. 8: Section 19 amended (Delegation by Authority) 1: After section 19(1)(a) ab: the issuing of an EPA notice; and 2: In section 19(2)(ha) test 3: After section 19(5A) 5B: Despite subsection (5A), if any function or power under section 26 or 51 in relation to hazardous substances or under section 28A, 29, or 32 is delegated to the chief executive under this section, the delegate may delegate the function or power to any employee of the Authority with the prior written consent of the Authority. 9: Section 20 amended (Obligation to prepare and maintain register) 1: Replace section 20(1) 1: The Authority must keep a register of all applications for approvals for hazardous substances and new organisms made to the Authority, including pending and withdrawn applications. 2: Replace section 20(2)(f) f: all the controls on a hazardous substance imposed under this Act. 3: After section 20(3) 3A: The register must also include reference to controls on a hazardous substance imposed under the Health and Safety at Work Act 2015 3B: The register may also include reference to controls on a hazardous substance imposed under any other Act. 4: After section 20(5) 6: The Authority may withhold any information relating to transhipment applications that this section would otherwise require to be on the register if, in its opinion, the information could pose a risk to national safety and security. 10: Section 26 replaced (Determination of new organism or hazardous substance) Replace section 26 26: Determination of new organism or hazardous substance 1: The Authority may, on application by any person, determine whether or not any organism is a new organism. 2: A determination under subsection (1) must be issued by notice in the Gazette 3: The Authority may, on application by any person, determine 1 or more of the following: a: whether or not any substance is a hazardous substance: b: a hazardous substance's classification: c: the approvals that apply or are required to be obtained. 4: A determination under subsection (3) must be publicly notified. 5: Before issuing a determination under this section, the Authority must have regard to— a: any information held by the Authority; and b: any information held by any department listed in Schedule 1 of the State Sector Act 1988 and any Crown entity; and c: any information provided by the applicant. 6: The Authority may revoke or reissue a determination issued by it under this section if it receives further information. 11: Section 33 amended (Exemptions from Act for small-scale research on hazardous substances) In section 33(1)(a), (2)(a), and (2)(b)(i) prescribed requirements requirements prescribed under the Health and Safety at Work Act 2015 12: Section 53 amended (Applications required to be publicly notified) 1: Repeal section 53(1)(f) 2: After section 53(1) 1A: The Authority must publicly notify, in 1 or more public notices,— a: an application under section 96B to issue, amend, or revoke a group standard; and b: the proposal to issue or amend (as the case may be) a group standard; and c: the Authority's assessment of the matters required under section 96C(1)(a), (b), (c), (d), and (e) in relation to a group standard as proposed to be issued or amended. 3: In section 53(4)(c)(ii) application ; and 4: After section 53(4)(c) d: if the application is an application for approval of a hazardous substance, WorkSafe. 13: Section 53A repealed (Method of public notification) Repeal section 53A 14: Section 58 amended (Further information) Replace section 58(1)(c) c: must consult with all departments or Crown entities notified of the application in accordance with section 53(4) and,— i: if any application is for approval to import, develop, field test, conditionally release, or release a new organism, have particular regard to any submissions made by the Department of Conservation; and ii: if any application is for approval to import or manufacture a hazardous substance, have particular regard to any submissions made by WorkSafe. 15: Section 59 amended (Time limits and waivers) 1: In section 59(1)(a) section 53 section 53(1), (1A)(a) 2: In section 59(3)(a) regulation or an EPA notice 16: Section 62 amended (Grounds for reassessment of a substance or organism) After section 62(2)(a) aa: a change in any controls under the Health and Safety at Work Act 2015 17: Section 63A amended (Modified reassessment procedure for amendments to approvals of hazardous substances) 1: In section 63A(2)(a) may vary the EPA 2: Replace section 63A(7) 7: Sections 77, 77A, and 77B apply to any hazardous substance that is approved under this section and, for the purposes of this section, controls previously imposed under section 77A have effect as other specified controls under that section. 18: New section 63C inserted (Modified reassessment to change controls in other cases) After section 63B 63C: Modified reassessment to change controls in other cases 1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority considers that— a: a reassessment of the hazardous substance under section 63 is not appropriate because the reassessment will involve only a specific aspect of the approval; and b: the amendment is not a minor or technical amendment to which section 67A applies; and c: the reassessment is necessary because of a change in the hazard classification system, controls in regulations, EPA controls, or controls under the Health and Safety at Work Act 2015 2: A reassessment under this section— a: may vary 1 or more of the following: i: the EPA controls that attach to a hazardous substance: ii: the description of a hazardous substance: iii: the hazard classification of a hazardous substance; but b: may not revoke an approval given to import or manufacture a hazardous substance under this Act. 3: A reassessment under this section is deemed to be an application, and sections 55 to 61 apply with all necessary modifications. 4: The Authority may reassess a hazardous substance under this section without publicly notifying the reassessment in accordance with section 53. 5: If the Authority does not publicly notify the reassessment in accordance with section 53, the Authority must— a: do everything reasonably practicable on its part to consult with all persons who, in its opinion, may be affected by the reassessment; and b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and c: consider all submissions and comments received. 6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account— a: all the effects associated with the reassessment; and b: the best international practices and standards for the safe management of hazardous substances. 7: Section 65(e) applies, with all necessary modifications, to a reassessment under this section. 8: Sections 77, 77A, and 77B apply to any hazardous substance that is approved under this section and, for the purposes of this section, controls previously imposed under section 77A have effect as other specified controls under that section. 9: This section does not limit the operation of section 77(2)(a) 19: Section 65 amended (No compensation following reassessment) In section 65 section 63, 63A, or 63C 20: New section 67B inserted (Revoking duplicated approvals) After section 67A 67B: Revoking duplicated approvals 1: The Authority may, by notice in the Gazette a: a group standard; or b: a Part 5 approval that is not a deemed approval. 2: The Authority may, but is not required to, consult any person or organisation before revoking an approval, a deemed approval, or a group standard under this section. 21: Section 68 amended (Minister's power to call in applications with significant effects) After section 68(1) 1A: However, a direction under this section applies to an application that relates to any hazardous substances only if the application is one referred to in section 53. 22: Section 74 replaced (Establishment of hazard classification system) Replace section 74 74: Establishment of hazard classification system The Authority may from time to time, in accordance with section 76C a: prescribing, for each intrinsic hazardous substance property, a number of degrees or types of hazard, which may be done by reference to an international system or by incorporation of material under section 141A: b: prescribing, for each intrinsic hazardous substance property, a degree of hazard below which any substance is not considered hazardous, which may be done by reference to an international system or by incorporation of material under section 141A: c: prescribing, for gases under pressure, a physical state when packaged: d: prescribing substances as substances that are not hazardous for the purpose of this Act. 23: Section 75 amended (Regulations prescribing hazard classification control) 1: Replace the heading to section 75 Authority may prescribe hazardous property controls 2: In section 75(1) Subject to section 141, the Governor-General may, from time to time, by Order in Council make regulations prescribing controls The Authority may from time to time, in accordance with section 76C 3: Replace section 75(1)(f) and (g) f: for substances with ecotoxic properties— i: to reduce the likelihood of unintended exposure to any such substance: ii: to control the adverse effects of any exposure to such substances. 4: Repeal section 75(2) 5: In section 75(3) regulations notice 24: Section 76 replaced (Requirements for containers, identification, disposal, emergencies, tracking, and fireworks) Replace section 76 76: Authority may prescribe controls and requirements relating to hazardous substances 1: The Authority may, from time to time, in accordance with section 76C a: prescribe requirements for packages or containers for hazardous substances: b: prescribe requirements for the identification, labelling, and advertising of hazardous substances, and requirements for safety data sheets: c: prescribe requirements for disposal of hazardous substances: d: prescribe qualifications and other requirements that persons must hold or meet in order to obtain or handle— i: hazardous substances other than in a workplace: ii: hazardous substances with ecotoxic properties: e: prescribe requirements for content controls: f: prescribe EPA controls on any gases under pressure, whether or not the properties of any gas that is under pressure are intrinsically hazardous: g: prescribe EPA controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: h: prescribe EPA controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance: i: prescribe EPA controls for by-products with hazardous properties, which result from the manufacture or use of any substance: j: prescribe technical restrictions and prohibitions on the sale of specified fireworks. 2: Gases under pressure that are subject to EPA controls under subsection (1)(f) must be treated as hazardous substances for the purposes of Part 7, regardless of their properties. 3: EPA controls may be prescribed under subsection (1)(i) only if the Authority is satisfied that the controls on any by-product with hazardous properties under this Act or any other Act are not sufficient to achieve the purposes of this Act. 4: The Authority may, in any EPA notice,— a: prescribe EPA controls for any specified hazardous substance or hazardous substances of a specified class: b: prescribe or provide for EPA controls by reference to controls prescribed under any other Act. 76A: Authority may prescribe other matters relating to hazardous substances The Authority may, in accordance with section 76C a: prescribes the method of estimating the quantity of any substance to be imported or manufactured: b: prescribes countries for the purposes of sections 28 and 31: c: prescribes information to be provided to the Authority with any application for approval of any hazardous substance: d: prescribes, whether by reference to any specified classes of importers or manufacturers or on some other basis,— i: information that importers or manufacturers must provide to the Authority; and ii: related requirements, including the making available of, or the giving of, any notice or information about specified activities, matters, or things to the Authority or to an enforcement officer: e: prescribes forms for the purposes of this Act that relate to any hazardous substances: f: prescribes documentation to be issued in respect of any hazardous substance before importation into New Zealand: g: prescribes qualifications for enforcement officers appointed under section 100: h: prescribes who is an importer or a manufacturer, which may be done by reference to any classes or otherwise: i: provides for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 76B: Further provisions relating to EPA notices 1: An EPA notice issued under section 74, 75, 76, or 76A may— a: be of general or limited application: b: differ according to differences in time, place, or circumstance, or any other basis: c: impose prohibitions: d: impose obligations and restrictions on persons: e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status. 2: An EPA notice made under subsection (1) is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person. 3: The Authority may, in any EPA notice, include transitional and savings provisions for the purpose of giving effect to any matters arising from the notice that are necessary because of the coming into effect of the notice. 76C: Procedure for issuing EPA notices 1: Before issuing an EPA notice, the Authority must— a: publicly notify its intention to issue the notice; and b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a), to make submissions on the proposal; and c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities that the Authority considers appropriate in each case. 2: Before issuing an EPA notice, the Authority must have regard, and give any weight that it considers appropriate in each case, to the following: a: the costs and benefits of implementing measures for which the notice is being proposed: b: the best international practices and standards for the safe management of hazardous substances: c: any other matters that the EPA considers appropriate in the circumstances. 3: An EPA notice must— a: be signed by the chairperson of the Authority; and b: set out fully the requirements of the notice, except where certain information is incorporated in the notice by reference; and c: include a statement of the objective of the notice; and d: be published in the Gazette 4: An EPA notice must be publicly notified, along with a statement stating the extent of consultation that took place before the notice was made. 5: The Authority may amend or revoke any EPA notice and the amendment or revocation is subject to subsections (1) to (3), except as provided by subsection (6) 6: The Authority may, on its own initiative, amend an EPA notice without complying with subsections (1) and (2), if it considers that the amendment is minor in effect or corrects a minor or technical error. 7: A failure to comply with subsections (1), (3), and (4) does not affect the validity of any EPA notice made under this Act. 76D: Application of Legislation Act 2012 to EPA notices An EPA notice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. 25: Section 77 amended (Controls on hazardous substances) 1: In the heading to section 77 Controls EPA controls 2: In section 77(1) degree of hazard of that substance degree or type of hazard of that substance, if applicable 3: Replace section 77(2) and (2A) 2: The controls prescribed by any regulations, and the EPA controls prescribed by any EPA notice, for each hazard classification attach to the substance, but may be varied,— a: from time to time, by amendments to the regulations or notice prescribing the controls for the relevant hazard classification: b: at the time the substance is approved, in accordance with subsections (3), (4), and (5). 2A: Nothing in any regulations or EPA notice referred to in subsection (2)(a) affects any variations made by the Authority under subsections (3) to (5) before the commencement of the regulations or notice, unless the Authority determines otherwise. 4: Replace section 77(7) 7: Any restrictions and prohibitions on the sale of fireworks prescribed under section 76(1)(j) 140(1)(r) or (s) 26: Section 77A amended (Authority's power to impose controls and vary specified controls) 1: In the heading to section 77A impose EPA 2: In section 77A(1) the Authority thinks fit for the purpose of setting EPA controls 3: Replace section 77A(2) 2: Without limiting anything in subsection (1), the Authority may, in approving a substance, specify as an EPA control under this section— a: an obligation to obtain a permission under section 95A for general or particular use of the substance; or b: a restriction on the use of a substance. 4: In section 77A(3) this section are EPA 5: Replace section 77A(4) 4: Before imposing a control under this section, the Authority must be satisfied that, either— a: against any other specified controls that apply to the substance,— i: the proposed control is more effective in terms of its effect on the management, use, and risks of the substance; or ii: the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the substance; or iii: the proposed control is more likely to achieve its purpose; or b: in the case of a control that is a restriction on the use of a hazardous substance, the positive effects of the substance when restricted to that use outweigh the adverse effects. 6: Replace section 77A(5) 5: In this section, other specified controls 27: Section 77B amended (Exposure limits for substances with toxic or ecotoxic properties) 1: Repeal section 77B(2)(c) 2: In section 77B(4) this section are EPA 3: In section 77B(6) environmental exposure limit regulations made under section 75 EPA notices 4: In section 77B(6) tolerable exposure limit regulations made under section 75 EPA notices 5: In section 77B(6) workplace exposure standard 28: Section 78 amended (Codes of practice) 1: In section 78(1) included in EPA 2: In section 78(1) regulations or an EPA notice 3: Replace section 78(6) 6: The Authority must not, without the written consent of the relevant Minister,— a: adopt with modification any documents previously approved by a Minister of the Crown; or b: approve any amendment of any part of a code of practice that comprises a document approved by a Minister of the Crown and later adopted by the Authority. 29: Section 82 replaced (Issue of test certificates by test certifiers) Replace section 82 82: Certificates Regulations made under this Act, EPA notices, approvals granted by the Authority, and requirements imposed in accordance with Part 3 of Schedule 3 may require a person to obtain a certificate— a: from a certifier authorised under section 211(1)(k) of the Health and Safety at Work Act 2015 b: from the Authority under this Act that certifies that any specified requirement has been met; or c: under any other relevant enactment that certifies that any specified requirement has been met. 30: Sections 82A, 82B, and 83 to 86 repealed Repeal sections 82A 82B 83 to 86 31: Section 82C amended (Revocation of test certificates) 1: In the heading to section 82C test 2: In section 82C(1), (2), and (8) test 32: Cross-heading above section 95A amended In the cross-heading above section 95A and licences 33: Section 95B repealed (Licences) Repeal section 95B 34: Section 96B amended (Group standards) Replace section 96B(1)(b) b: impose as conditions that apply to the identified group of hazardous substances or products any obligations and restrictions that the Authority thinks fit for the purpose of setting EPA controls. 35: Section 96C amended (When group standards may be issued or amended) 1: In section 96C(1)(g) types of EPA 2: Replace section 96C(1)(h) h: comply with the requirements of section 53(1A) 3: In section 96C(3) this section or section 53(1A) 36: Section 96D amended (Revocation of group standards) In section 96D(1) section 53 section 53(1A) 37: Section 97 amended (Enforcement of Act) 1: Replace section 97(1)(a) a: WorkSafe must ensure that the provisions of this Act in respect of disposal and ecotoxic controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances, are enforced in any workplace: 2: After section 97(1)(d) da: in relation to the retail sale of fireworks, the Commissioner of Police must ensure that any restrictions and prohibitions imposed under this Act are enforced: 3: In section 97(1)(e) any aircraft and that the provisions of this Act relating to the discharge of hazardous substances from an aircraft are enforced 4: After section 97(2) 3: The Authority must ensure that the following matters are enforced: a: provisions of this Act in respect of classification controls and content controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances: b: the requirement for a hazardous substance to have an approval before being imported or manufactured: c: prohibitions relating to persistent organic pollutants and hazardous substances prohibited by regulations: d: requirements imposed under any EPA notice made under section 76A 4: The Authority must ensure the provisions of this Act in respect of any regulations, EPA controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances are enforced in any workplace to the extent that responsibility for enforcement is not provided for in subsection (1)(a) to (g). 38: Section 97B replaced (Enforcement of Act in respect of hazardous substances in place of work) Replace section 97B 97B: Enforcement of Act in respect of hazardous substances in workplace An inspector appointed under section 163 Health and Safety at Work Act 2015 39: New section 97C inserted (Sharing of information between Authority and enforcement agencies) After section 97B 97C: Sharing of information between Authority and enforcement agencies 1: Subject to any enactment,— a: the Authority may provide an enforcement agency with any information, or a copy of any document, that it— i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to this Act; and ii: considers may assist the enforcement agency in the performance or exercise of the enforcement agency's functions, duties, or powers under or in relation to any enactment; and b: an enforcement agency may provide the Authority with any information, or a copy of any document, that it— i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and ii: considers may assist the Authority in the performance or exercise of its functions, duties, or powers under or in relation to this Act. 2: If subsection (1)(a) or (b) applies, the Authority or enforcement agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to— a: the storage and use of, or access to, anything provided: b: the copying, returning, or disposing of copies of any documents provided. 3: In this section, enforcement agency 4: Nothing in this section limits the Privacy Act 1993. 5: This section applies despite anything to the contrary in any contract, deed, or document. 40: Section 99 amended (Supervision of inspection) In section 99(4) compressed gases gases under pressure 41: Section 103 amended (Powers of entry for inspection) 1: In the heading to section 103 inspection relating to new organisms 2: In section 103(1)(c) hazardous substance or 3: In section 103(1)(d) substance or 42: New section 103A inserted (Powers of entry for inspection relating to hazardous substances) After section 103 103A: Powers of entry for inspection relating to hazardous substances 1: Any enforcement officer may, at any reasonable time, for the purposes referred to in subsection (2),— a: go on, into, under, and over any premises (excluding dwellings); or b: with the consent of the occupier, go on, into, under, and over a dwelling. 2: The purposes concerned are to— a: monitor or enforce compliance with this Act and any conditions, controls, or requirements on any hazardous substance; or b: determine the nature of any hazardous substance; or c: determine whether or not any person is complying with a compliance order. 3: For the purposes of this section, an enforcement officer may— a: take samples of water, air, soil, any substance, or any organism; and b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and c: take photographs and measurements and make sketches and recordings; and d: take or remove any thing for analysis or testing; and e: conduct examinations, tests, inquiries, demonstrations, and inspections; and f: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and g: require any person in charge of relevant premises to— i: make statements, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; or ii: produce information relevant to the purpose of the inspection, and take copies of the information or extracts from the information. 4: An enforcement officer may do any of the things referred to in subsection (3) whether or not— a: the enforcement officer or the person whom the enforcement officer is dealing with has gone on, into, under, or over premises or a dwelling described in subsection (1)(a) or (b); or b: in respect of any information, the information is— i: on premises or in a dwelling that is described in subsection (1)(a) or (b); or ii: in the place where the enforcement officer is; or iii: in another place. 5: If any enforcement officer has taken any thing in accordance with subsection (3)(d), the enforcement officer must give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept. 6: Within 5 working days of removing a thing, the enforcement officer must give the person in charge of the premises written notice stating— a: whether or not the thing will be returned or destroyed; and b: either— i: the time and date of the return of the thing to the premises; or ii: the results of the analysis of the thing and why it is being destroyed. 7: Every enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and after that on request, produce— a: evidence of that person's appointment as an enforcement officer; and b: evidence of that person's identity. 8: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection. 9: Nothing in this section limits or affects the privilege against self-incrimination. 10: In this section,— information relevant premises 43: Section 109 amended (Offences) 1: In section 109(1)(a) manufactures imports or 2: After section 109(1)(d) da: fails to comply with any requirements in an EPA notice made under section 76A(d) or (f) 3: Replace section 109(1)(e) e: fails to comply with— i: any controls imposed by an approval relating to a new organism granted under this Act; or ii: any EPA controls imposed by an approval relating to a hazardous substance granted under this Act; or iii: any controls specified in any regulations relating to a new organism; or iv: any prohibition specified in any regulations; or v: any controls specified in any regulations or an EPA notice relating to a hazardous substance; or vi: any requirement to obtain a certificate specified in any regulations or an EPA notice; or 4: In section 109(1)(eb) substances or products 44: Section 111 amended (Commission of infringement offence) In section 111 2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957. 45: Section 113 amended (Entitlement to infringement fees) In section 113 2: A regional council is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that council. 3: Except as provided in subsections (1) and (2), all infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. 46: Section 117 amended (Strict liability and defences) Repeal section 117(4) 47: Section 125 amended (Appeals) 1: In section 125(5)(a) controls EPA controls 2: After section 125(7) 8: An appeal under this section must be made and determined in accordance with the District Courts Act 1947 and the District Courts Rules 2014. 48: Section 140 replaced (Regulations) Replace section 140 140: Regulations 1: Subject to section 141, the Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes: a: prescribing organisms as genetically modified organisms for the purpose of this Act: b: prescribing organisms as organisms that are not genetically modified for the purpose of this Act: c: prescribing organisms that are not new organisms for the purpose of this Act: d: prescribing the method of estimating the quantity of any organism to be imported: e: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: f: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate illness or injury to people or animals (other than the persons or animals referred to in section 38I(4)(a) and (b)) or damage to the environment or chattels: g: prescribing— i: any species as a risk species where any subspecies, infrasubspecies, variety, strain, or cultivar of that species may have adverse effects on the health and safety of people or the environment; or ii: any subspecies, infrasubspecies, variety, strain, or cultivar as a risk species where that subspecies, infrasubspecies, variety, strain, or cultivar may have adverse effects on the health and safety of people or the environment: h: prescribing offences under this Act that constitute infringement offences against this Act: i: prescribing forms of infringement notices, and prescribing the infringement fees (not exceeding $3,000) for each infringement offence, which may be different fees for different offences: j: prescribing countries or organisations for the purpose of sections 34, 38A, and 40 (which relate to new organisms): k: prescribing information to be provided with any application for approval relating to new organisms: l: prescribing forms for the purpose of this Act that relate to new organisms and prescribing forms of search warrants under this Act: m: prescribing qualifications for enforcement officers appointed under section 100 who perform functions relating to new organisms: n: prescribing controls for by-products with hazardous properties, which result from the manufacture of any substance: o: prescribing damage as serious environmental damage for the purpose of section 144: p: prescribing prohibitions on the possession, importation, and manufacture of any hazardous substance: q: prescribing restrictions on the access to or use of a hazardous substance outside the workplace: r: prescribing restrictions on the sale of any hazardous substance: s: prescribing prohibitions on the sale of specified fireworks: t: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 2: Regulations may be made under subsection (1)(c) only if the Minister has considered— a: whether the organism has formed a self-sustaining population in New Zealand; and b: whether any person is attempting to manage, control, or eradicate the organism under any Act. 3: Regulations made under subsection (1)(h) may (without limitation) prescribe as an infringement offence the failure to comply with— a: any control referred to in section 109(1)(e)(ii) or (v) that is specified or described in the regulations: b: any requirement referred to in section 109(1)(e)(vi): c: any condition referred to in section 109(1)(eb) that is specified or described in the regulations, including any condition that is referred to as being equivalent to a control. 4: Regulations may be made under subsection (1)(p), (q), or (r) only if the Minister— a: is satisfied that the proposed regulations are desirable in the public interest; and b: has consulted the Authority and the Minister for Workplace Relations and Safety. 5: Any regulations or other instrument made under this Act may provide for controls by reference to controls in regulations under any other Act. 6: Regulations made under this section may— a: be of general or limited application: b: differ according to differences in time, place, or circumstance, or on any other basis: c: impose prohibitions: d: impose obligations and restrictions on persons: e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status. 7: Any regulation made under this section is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person. 49: Section 141 amended (Procedure for making Orders in Council) After section 141(2) 2A: Subsection (1) does not apply in respect of an Order in Council if its sole purpose is to revoke any regulations replaced or to be replaced, or otherwise provided for, by an EPA notice or by any regulations or safe work instrument made under the Health and Safety at Work Act 2015 50: Section 142 amended (Relationship to other Acts) After section 142(6) 7: Nothing in this Act affects the requirements of the Health and Safety at Work Act 2015 51: Section 144 amended (Reporting of incidents) Replace section 144(1) 1: Every person in charge of a substance involved in an incident resulting in death, or a notifiable injury or illness as defined by section 23 of the Health and Safety at Work Act 2015 52: Schedule 2A amended In Schedule 2A Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) 53: Schedule 7 replaced Replace Schedule 7 Schedule 7 Schedule 1 54: Consequential and other amendments to principal Act Amend the principal Act as set out in Schedule 2 55: Amendments to other enactments Amend the enactments specified in Schedule 3 OIC LI 2017/232 2017-12-01 Building Act 2004 Gas Act 1992 Medicines Act 1981 Psychoactive Substances Act 2013 Summary Proceedings Act 1957 Terrorism Suppression Act 2002 Auckland International Airport By-laws Approval Order 1989 Christchurch International Airport By-laws Approval Order 1989 Dunedin International Airport Bylaws Approval Order 2005 Far North Holdings Limited Bylaws Approval Order 2005 Hawke's Bay Airport Bylaws Approval Order 2009 Hazardous Substances (Fireworks) Regulations 2001 Medicines Regulations 1984 Nelson Airport Bylaws Approval Order 2007 Palmerston North International Airport Bylaws Approval Order 2003 Queenstown Airport Bylaws Approval Order 2009 Rest of Act s 2(3).

DLM6433302

2015

Customs and Excise (Objectionable Publications) Amendment Act 2015

1: Title This Act is the Customs and Excise (Objectionable Publications) Amendment Act 2015. 2: Commencement This Act comes into force on the 28th day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Customs and Excise Act 1996 principal Act 2015-05-07 Customs and Excise Act 1996 4: Section 209 amended (Offences in relation to importation or exportation of prohibited goods) 1: In section 209(5)(a) 5 years 10 years 2: Replace section 209(6) 6: By way of explanation, an offence against subsection (1A) can be affected by, and operate with, related provisions of the Films, Videos, and Publications Classification Act 1993, because an offence of that kind— a: is an offence to which section 132A of that Act (which specifies an aggravating factor to be taken into account in sentencing, etc, for certain publications offences) applies; and b: is a specified publications offence for the purposes of section 132B of that Act (which specifies a presumption of imprisonment for repeat offenders) if— i: it is committed before or after the commencement of section 132B of that Act; and ii: the publication that was the subject of the offence is objectionable (within the meaning of that Act) because it does (to any extent) any or all of the things specified in section 132A(2)(a) to (c) of that Act; and c: is a relevant offence

DLM6578300

2015

NgāiTakoto Claims Settlement Act 2015

1: Title This Act is the NgāiTakoto Claims Settlement Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary matters, acknowledgements and apology, and settlement of NgāiTakoto historical claims Preliminary matters 3: Purpose The purpose of this Act is— a: to record the acknowledgements and apology given by the Crown to NgāiTakoto in the deed of settlement; and b: to give effect to certain provisions of the deed of settlement that settles the historical claims of NgāiTakoto. 4: Provisions to take effect on settlement date 1: The provisions of this Act take effect on the settlement date unless stated otherwise. 2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— a: the provision to have full effect on that date; or b: a power to be exercised under the provision on that date; or c: a duty to be performed under the provision on that date. 5: Act binds the Crown This Act binds the Crown. 6: Outline 1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. 2: This Part a: sets out the purpose of this Act; and b: provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and c: specifies that the Act binds the Crown; and d: sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to NgāiTakoto, as recorded in the deed of settlement; and e: defines terms used in this Act, including key terms such as NgāiTakoto and historical claims; and f: provides that the settlement of the historical claims is final; and g: provides for— i: the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and ii: a consequential amendment to the Treaty of Waitangi Act 1975 iii: the effect of the settlement on certain memorials; and iv: the exclusion of the limit on the duration of a trust v: access to the deed of settlement. 3: Part 2 a: in subpart 1 b: cultural redress that does not involve the vesting of land, namely,— i: in subpart 2 ii: in subpart 3 iii: in subpart 4 iv: in subpart 5 v: in subpart 6 vi: in subpart 7 4: Part 3 a: in subpart 1 b: in subpart 2 c: in subpart 3 d: in subpart 4 5: There are 5 schedules, as follows: a: Schedule 1 b: Schedule 2 c: Schedule 3 d: Schedule 4 e: Schedule 5 Section 6(2)(g)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Summary of historical account, acknowledgements, and apology of the Crown 7: Summary of historical account, acknowledgements, and apology 1: Section 8 2: Sections 9 10 3: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement. 8: Summary of historical account 1: Traditionally, the NgāiTakoto rohe is defined by the journeys taken by spirits as they return to their spiritual homeland of Hawaiki, stretching from the southern boundary of Ahipara in the west and Rangaunu in the east, northward to Te Rerenga Wairua (Cape Reinga). 2: Prior to the arrival of Europeans, NgāiTakoto were largely based around various pa and kainga Kapowairua, Parengarenga, Houhora, Waimanoni, Kaitaia, and Te Make. Like other Te Hiku iwi, they were highly mobile, relying on the coast and local waterways for kai and passage. 3: British missionaries were some of the first settlers to establish themselves within the NgāiTakoto rohe. The local iwi initially saw advantages with the arrival of settlers, through the introduction of new technologies and access to the European world, and the benefits these might bring. 4: Numerous land agreements with settlers occurred throughout the 1830s, covering much of the NgāiTakoto rohe. While some of the deeds provided for ongoing use of land by local Māori, they were signed by rangatira from other iwi, and NgāiTakoto had limited involvement in the transactions. 5: NgāiTakoto signed te Tiriti o Waitangi/the Treaty of Waitangi 6: Unlike the terms of the original land transactions, the new Crown grants did not allow for NgāiTakoto to continue to use cultivation areas and kainga in Te Make, Ohotu, Awanui, and numerous other traditional areas. The loss of rights to land along the Awanui River was especially hard as it limited access to river resources and fertile land. Moreover, some of the proposed 450 acres of reserves were never established. 7: In 1844, NgāiTakoto lost further land rights in the forced cession of almost 2 500 acres at Ruatorara (East Beach) when the Crown demanded another iwi provide compensation to a settler over an incident involving a ship in Ahipara. 8: In 1858 and 1859, before the pre-Treaty transactions were finalised, the Crown purchased an additional 4 land blocks (Muriwhenua South, Wharemaru, Oinu, and Ahipara), totalling 112 613 acres, in which NgāiTakoto had mana whenua interests. As with previous transactions, NgāiTakoto had no involvement in these arrangements, nor were they able to retain any of the reserves created from these Crown purchases, including the Houhora Peninsula, which totalled 7 500 acres. 9: By 1859, NgāiTakoto were virtually landless. The loss of their lands severely affected their ability to access and manage traditional natural resources, destroyed their cultural foundations and undermined their tribal structures. 9: Acknowledgements 1: The Crown acknowledges that NgāiTakoto have well founded and legitimate grievances and that until now it has failed to address those in an appropriate manner. The Crown's provision of redress to NgāiTakoto for those historical grievances is long overdue. 2: The Crown acknowledges that in approving pre-Treaty land transactions totalling 32 000 acres, issuing grants to settlers for those lands, and retaining approximately 15 000 acres of surplus land te Tiriti o Waitangi/the Treaty of Waitangi a: failing to consider the customary rights and interests of NgāiTakoto; and b: failing to assess the impact of the alienation of those lands on NgāiTakoto. 3: The Crown acknowledges that it was in further breach of the Treaty and its principles when it failed to preserve occupation and use rights agreed in the pre-Treaty deeds for Awanui (Otaki), Te Make (Okiore), and Ohoto lands and by taking decades to settle title or assert its own claim to these lands. This resulted in NgāiTakoto losing vital kainga and cultivation areas. 4: The Crown acknowledges that— a: it pressured Māori in 1844 to cede land at Ruatorara (East Beach) to compensate a settler for the goods Māori had removed from his schooner when it grounded at Ahipara; and b: it failed to investigate the customary interests in the ceded land; and c: this process for determining reparation was prejudicial to NgāiTakoto who lost land they had interests in and this was in breach of te Tiriti o Waitangi/the Treaty of Waitangi 5: The Crown acknowledges that— a: it failed to carry out an adequate inquiry into the nature and extent of NgāiTakoto customary rights in lands in the Muriwhenua South, Wharemaru, and other pre-1865 purchases; and b: its failure to protect NgāiTakoto rights and interests to their full extent prejudiced the iwi and breached te Tiriti o Waitangi/the Treaty of Waitangi 6: The Crown acknowledges that— a: by 1859 NgāiTakoto were virtually landless in their core area of occupation, having lost their interests in approximately 155 000 acres; and b: when the Houhora Peninsula was alienated in 1867 to private parties, NgāiTakoto lost further occupation areas and sites of high cultural significance; and c: the loss of their lands severely undermined the tribal structures of NgāiTakoto and was detrimental to their future well-being and strength as an iwi; and d: the Crown's failure to ensure that NgāiTakoto retained sufficient land for their present and future needs was a breach of te Tiriti o Waitangi/the Treaty of Waitangi 7: The Crown acknowledges— a: the significance of Te Oneroa-a-Tohe to NgāiTakoto as a taonga, which is vital to their spiritual and material well-being; and b: that it has failed to respect, provide for, and protect the special relationship with NgāiTakoto to Te Oneroa-a-Tohe. 8: The Crown acknowledges that its failure to actively protect NgāiTakoto hindered their ability to participate in economic development and marginalised the iwi. The Crown further acknowledges that the cumulative effect of its actions and omissions left generations of NgāiTakoto a legacy of impoverishment, spiritually, psychologically, and economically. This has had an enduring and ongoing impact on the iwi. 10: Apology 1: The Crown apologises to NgāiTakoto, to their ancestors, and to their descendants for failing to achieve the relationship sought by NgāiTakoto, as Treaty partner, and for the consequences to NgāiTakoto of that failure. The Crown acknowledges the impact of land loss, and with that the suffering and hardships that befell generations of NgāiTakoto members. The Crown, in this regard, unreservedly apologises to NgāiTakoto. 2: The Crown's failures of the past left NgāiTakoto virtually landless by 1859. Its actions caused significant damage to the social and economic development of NgāiTakoto and severely undermined the well-being of the iwi with consequences that continue to be felt today. The Crown again apologises to NgāiTakoto for those events. 3: The Crown recognises that it has not always fulfilled its obligations to NgāiTakoto under te Tiriti o Waitangi/the Treaty of Waitangi 4: The Crown recognises that the process of healing begins with this agreement between the Crown and NgāiTakoto. The Crown looks forward to building an enduring relationship of mutual trust and co-operation with NgāiTakoto that is based on a mutual respect and on te Tiriti o Waitangi/the Treaty of Waitangi Interpretation provisions 11: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 12: Interpretation In this Act, unless the context otherwise requires,— administering body section 2(1) aquatic life section 2(1) attachments Aupouri Forest section 134 commercial redress property section 134 Commissioner of Crown Lands section 24AA common marine and coastal area section 9(1) computer register a: has the meaning given in section 4 b: includes, where relevant, a certificate of title issued under the Land Transfer Act 1952 consent authority section 2(1) conservation area section 2(1) conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown forest land section 134 Crown forestry licence section 134 cultural redress property section 22 deed of recognition a: means a deed of recognition issued under section 115 i: the Minister of Conservation and the Director-General; or ii: the Commissioner of Crown Lands; and b: includes any amendments made under section 115(4) deed of settlement a: means the deed of settlement dated 27 October 2012 and signed by— i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and ii: Rangitane Marsden, Mangu Awaru, and Robert Tamati, for and on behalf of NgāiTakoto; and iii: Mangu Awaru and Wallace Rivers, being the trustees of Te Rūnanga o NgāiTakoto; and b: includes— i: the schedules of, and attachments to, the deed; and ii: any amendments to the deed or its schedules and attachments deferred selection property section 134 Director-General documents schedule effective date historical claims section 14 interest korowai subpart 3 LINZ local authority section 5(1) member of NgāiTakoto section 13(1)(a) NgāiTakoto section 13 NgāiTakoto area of interest area of interest Ngāti Kahu Ngāti Kahu governance entity Ngāti Kuri section 13 Peninsula Block section 134 property redress schedule regional council Schedule 2 Registrar-General section 4 representative entity a: the trustees of Te Rūnanga o NgāiTakoto; and b: any person (including any trustee) acting for or on behalf of— i: the collective group referred to in section 13(1)(a) ii: 1 or more members of NgāiTakoto; or iii: 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) reserve section 2(1) reserve property section 22 resource consent section 2(1) RFR subpart 4 RFR date RFR land balance RFR land exclusive RFR land shared RFR land section 153 RFR period section 153 settlement date statutory acknowledgement section 106 Te Aupouri Te Rūnanga Nui o Te Aupouri Trust sections 12 13 Te Hiku o Te Ika iwi a: means any or all of the following: i: NgāiTakoto: ii: Ngāti Kuri: iii: Te Aupouri: iv: Te Rarawa; and b: includes Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 4 Te Hiku o Te Ika iwi governance entities governance entities a: mean the governance entity of any or all of the following: i: NgāiTakoto: ii: Ngāti Kuri: iii: Te Aupouri: iv: Te Rarawa; and b: include the governance entity of Ngāti Kahu if Ngāti Kahu participates in the redress provided by or under— i: subparts 2 3 ii: subpart 4 Te Manawa O Ngāti Kuri Trust section 12 Te Rarawa Te Rūnanga o Te Rarawa sections 12 13 Te Rūnanga o NgāiTakoto tikanga trustees of Te Rūnanga o NgāiTakoto trustees 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: b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday: c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: d: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 12 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 13: Meaning of NgāiTakoto 1: In this Act, NgāiTakoto a: means the collective group composed of individuals who are descended from an ancestor of NgāiTakoto; and b: includes those individuals; and c: includes any whānau, hapū, or group to the extent that it is composed of those individuals. 2: In this section and section 14 ancestor of NgāiTakoto a: exercised customary rights by virtue of being descended from— i: Tuwhakatere; or ii: any other recognised ancestor of a group referred to in part 1.4 and section 11.10.2 of the deed of settlement; and b: exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 customary rights a: rights to occupy land; and b: rights in relation to the use of land or other natural or physical resources descended a: birth; or b: legal adoption; or c: Māori customary adoption in accordance with NgāiTakoto tikanga. 14: Meaning of historical claims 1: In this Act, historical claims a: means the claims described in subsection (2); and b: includes the claims described in subsection (3); but c: does not include the claims described in subsection (4). 2: The historical claims are every claim that NgāiTakoto or a representative entity had on or before the settlement date, or may have after the settlement date, and that— a: is founded on a right arising— i: from te Tiriti o Waitangi/the Treaty of Waitangi ii: under legislation; or iii: at common law (including aboriginal title or customary law); or iv: from a fiduciary duty; or v: otherwise; and b: arises from, or relates to, acts or omissions before 21 September 1992— i: by or on behalf of the Crown; or ii: by or under legislation. 3: The historical claims include— a: a claim to the Waitangi Tribunal that relates exclusively to NgāiTakoto or a representative entity, including each of the following claims, to the extent that subsection (2) applies to Wai 613 (Ngaitakoto-a-Iwi claim); and b: any other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to NgāiTakoto or a representative entity: i: Wai 22 (Muriwhenua Fisheries and SOE claim): ii: Wai 45 (Muriwhenua Land claim): iii: Wai 861 (Tai Tokerau District Māori Council Lands): iv: Wai 913 (Kareponia 1A5C2B Block (Northland claim)): v: Wai 1359 (Muriwhenua Land Blocks claim): vi: Wai 1662 (Muriwhenua Hapū Collective claim): vii: Wai 1980 (Parengarenga 3G Block claim). 4: However, the historical claims do not include— a: a claim that a member of NgāiTakoto, or a whānau, hapū, or group referred to in section 13(1)(c) b: a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a). 5: A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. Historical claims settled and jurisdiction of courts, etc, removed 15: Settlement of historical claims final 1: The historical claims are settled. 2: The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. 3: Subsections (1) and (2) do not limit the deed of settlement. 4: Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of— a: the historical claims; or b: the deed of settlement; or c: this Part Parts 2 3 d: the redress provided under the deed of settlement or this Part Parts 2 3 5: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Part Parts 2 3 Amendment to Treaty of Waitangi Act 1975 16: Amendment to Treaty of Waitangi Act 1975 1: This section amends the Treaty of Waitangi Act 1975 2: In Schedule 3 NgāiTakoto Claims Settlement Act 2015 section 15(4) and (5) 2015-09-23 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply 17: Certain enactments do not apply 1: The enactments listed in subsection (2) do not apply— a: to a cultural redress property; or b: to a commercial redress property; or c: to a deferred selection property on and from the date of its transfer to the trustees; or d: to the exclusive RFR land or the shared RFR land on and from the RFR date for the land; or e: for the benefit of NgāiTakoto or a representative entity. 2: The enactments are— a: Part 3 b: sections 568 to 570 c: Part 3 d: sections 27A to 27C e: sections 8A to 8HJ Section 17(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020 18: Resumptive memorials to be cancelled 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register for, each allotment that— a: is all or part of— i: a cultural redress property: ii: a commercial redress property: iii: a deferred selection property: iv: the RFR land; and b: is subject to a resumptive memorial recorded under any enactment listed in section 17(2) 2: The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after— a: the settlement date, for a cultural redress property or a commercial redress property; or b: the date of transfer of the property to the trustees, for a deferred selection property; or c: the RFR date applying to— i: the exclusive RFR land: ii: the shared RFR land. 3: Each certificate must state that it is issued under this section. 4: As soon as is reasonably practicable after receiving a certificate, the Registrar-General must— a: register the certificate against each computer register identified in the certificate; and b: cancel each memorial recorded under an enactment listed in section 17(2) Miscellaneous matters 19: Limit on duration of trusts does not apply 1: A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 a: do not prescribe or restrict the period during which— i: Te Rūnanga o NgāiTakoto may exist in law; or ii: the trustees may hold or deal with property or income derived from property; and b: do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. 2: However, if Te Rūnanga o NgāiTakoto is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 19 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 19(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 19(2) amended 30 January 2021 section 161 Trusts Act 2019 20: Access to deed of settlement The chief executive of the Ministry of Justice must make copies of the deed of settlement available— a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice. 21: Provisions of other Acts that have same effect If a provision in this Act has the same effect as a provision in 1 or more of the Ngāti Kuri Claims Settlement Act 2015 Te Aupouri Claims Settlement Act 2015 Te Rarawa Claims Settlement Act 2015 2: Cultural redress 1: Vesting of cultural redress properties 22: Interpretation In this subpart,— Crown stratum a: the water of a lake; and b: the air above the water cultural redress property Schedule 1 Properties vested in fee simple a: Hukatere site A: b: Kaimaumau Marae property: c: Waipapakauri Papakainga property: Properties vested in fee simple to be administered as reserves d: Mai i Waikanae ki Waikoropūpūnoa ( Beach site A e: Mai i Hukatere ki Waimahuru ( Beach site B f: Mai i Ngāpae ki Waimoho ( Beach site C g: Mai i Waimimiha ki Ngāpae ( Beach site D h: Waipapakauri Beach property: i: Wharemaru / East Beach property: Properties vested in fee simple subject to conservation covenant j: Lake Tangonge site A: k: Tangonge property: Lake and lakebed properties vested in fee simple l: Bed of Lake Ngatu: m: Lake Katavich: n: Lake Ngakapua: o: Lake Rotokawau: p: Lake Waiparera joint management body section 52 jointly vested property lake a: the space occupied from time to time by the waters of the lake at their highest level without overflowing its banks; and b: the airspace above the water; and c: the bed below the water lake property reserve property Properties vested in fee simple 23: Hukatere site A 1: Hukatere site A ceases to be Crown forest land under the Crown Forest Assets Act 1989 2: The fee simple estate in Hukatere site A vests in the trustees. 24: Kaimaumau Marae property 1: The Kaimaumau Marae property ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in the Kaimaumau Marae property vests in the trustees. 25: Waipapakauri Papakainga property 1: The Waipapakauri Papakainga property ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in the Waipapakauri Papakainga property vests in the trustees. Properties vested in fee simple to be administered as reserves 26: Mai i Waikanae ki Waikoropūpūnoa 1: Any part of Beach site A that is a conservation area under the Conservation Act 1987 2: Any part of Beach site A that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site A vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 35 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 35 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 46 4: Beach site A is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Waikanae ki Waikoropūpūnoa Scenic Reserve. 6: The joint management body established by section 52 Reserves Act 1977 7: Subsection (6) continues to apply despite any subsequent transfer under section 53 27: Mai i Hukatere ki Waimahuru 1: Any part of Beach site B that is a conservation area under the Conservation Act 1987 2: Any part of Beach site B that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site B vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 36 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 36 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 47 4: Beach site B is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Hukatere ki Waimahuru Scenic Reserve. 6: The joint management body established by section 52 Reserves Act 1977 section 26 7: Subsection (6) continues to apply despite any subsequent transfer under section 53 28: Mai i Ngāpae ki Waimoho 1: Any part of Beach site C that is a conservation area under the Conservation Act 1987 2: Any part of Beach site C that is Crown forest land under the Crown Forest Assets Act 1989 3: The fee simple estate in Beach site C vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 37 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 37 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 48 4: Beach site C is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 5: The reserve is named Mai i Ngāpae ki Waimoho Scenic Reserve. 6: The joint management body established by section 52 Reserves Act 1977 section 26 7: Subsection (6) continues to apply despite any subsequent transfer under section 53 29: Mai i Waimimiha ki Ngāpae 1: Beach site D ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Beach site D vests as undivided quarter shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of the Te Manawa O Ngāti Kuri Trust under section 38 c: a share vests in the trustees of the Te Rūnanga Nui o Te Aupouri Trust under section 38 d: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 49 3: Beach site D is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Mai i Waimimiha ki Ngāpae Scenic Reserve. 5: The joint management body established by section 52 Reserves Act 1977 6: Subsection (5) continues to apply despite any subsequent transfer under section 53 30: Application of Crown forestry licence 1: Subsection (2) applies to each of Beach sites A, B, and C ( Beach site 2: As long as a Crown forestry licence applies to a Beach site, the provisions of the licence prevail despite— a: the vesting of the Beach site as a scenic reserve subject to the Reserves Act 1977 b: administration of the site by the joint management body established under section 52 3: Subsection (4) applies to a Beach site if the property is no longer subject to a Crown forestry licence. 4: The owners of a Beach site may grant right of way easements over that site to the owners of the Peninsula Block in favour of the Peninsula Block. 5: Despite the provisions of the Reserves Act 1977 a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 6: The permission of a council under section 348 31: Waipapakauri Beach property 1: The Waipapakauri Beach property ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in the Waipapakauri Beach property vests in the trustees. 3: The Waipapakauri Beach property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Waipapakauri Beach Scenic Reserve. 5: Subsections (1) to (4) do not take effect until the trustees have provided— a: the registered proprietors of the land contained in computer freehold register NA78D/973 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and b: the registered proprietors of the land contained in computer freehold register NA78D/974 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and c: the registered proprietors of the land contained in computer freehold register NA78D/975 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and d: the registered proprietors of the land contained in computer freehold registers NA77D/959 and NA77D/760 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and e: the registered proprietors of the land contained in computer freehold register NA77D/961 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and f: the registered proprietors of the land contained in computer freehold register NA77D/962 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule; and g: the registered proprietors of the land contained in computer freehold register NA77D/963 with a registrable right of way easement on the terms and conditions set out in part 6.4 of the documents schedule. 6: Despite the provisions of the Reserves Act 1977 a: is enforceable in accordance with its terms; and b: is to be treated as having been granted in accordance with the Reserves Act 1977 32: Wharemaru / East Beach property 1: The Wharemaru / East Beach property ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in the Wharemaru / East Beach property vests in the trustees. 3: The Wharemaru / East Beach property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) 4: The reserve is named Wharemaru / East Beach Scenic Reserve. 5: Despite the trustees being the administering body of the Wharemaru / East Beach Scenic Reserve, the Minister of Conservation is— a: a fire authority for the Wharemaru / East Beach property for the purposes of the Forest and Rural Fires Act 1977 b: the occupier of the Wharemaru / East Beach property for the purposes of pest control under the Biosecurity Act 1993 Properties vested in fee simple subject to conservation covenant 33: Lake Tangonge site A 1: Lake Tangonge site A ceases to be a conservation area under the Conservation Act 1987 2: The fee simple estate in Lake Tangonge site A vests as undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 51 3: Subsections (1) and (2) do not take effect until the trustees referred to in subsection (2) have jointly provided the Crown with a registrable covenant in relation to Lake Tangonge site A on the terms and conditions set out in part 6.1 of the documents schedule. 4: The covenant is to be treated as a conservation covenant for the purposes of— a: section 27 b: section 77 34: Tangonge property 1: The fee simple estate in the Tangonge property vests as undivided half shares in the specified groups of trustees as tenants in common as follows: a: a share vests in the trustees under this section; and b: a share vests in the trustees of Te Rūnanga o Te Rarawa under section 54 2: Subsection (1) does not take effect until the trustees referred to in subsection (1) have jointly provided— a: the Crown with a registrable covenant in relation to the Tangonge property on the terms and conditions set out in part 6.2 of the documents schedule; and b: the trustees of Te Rūnanga o Te Rarawa with a registrable right of way easement on the terms and conditions set out in part 6.3 of the documents schedule. 3: The covenant is to be treated as a conservation covenant for the purposes of section 77 Lake and lakebed properties vested in fee simple 35: Bed of Lake Ngatu 1: The reservation of the bed of Lake Ngatu (being part of Lake Ngatu Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977 2: The fee simple estate in the bed of Lake Ngatu vests in the trustees. 3: The bed of Lake Ngatu is declared a reserve and classified as a recreation reserve subject to section 17 4: The reserve is named Bed of Lake Ngatu Recreation Reserve. 5: To avoid doubt, the vesting under subsection (2) does not give any rights to, or impose any obligations on, the trustees in relation to— a: the waters of the lake; or b: the aquatic life of the lake (other than the plants attached to the bed of the lake). 6: To the extent that the bed of Lake Ngatu has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 36: Lake Ngatu Recreation Reserve The Crown stratum above the bed of Lake Ngatu continues to be a reserve and classified as a recreation reserve subject to section 17 37: Lake Katavich 1: The fee simple estate in Lake Katavich vests in the trustees. 2: Lake Katavich is not rateable under the Local Government (Rating) Act 2002 section 9 3: Section 41 4: To the extent that Lake Katavich has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 38: Lake Ngakapua 1: The fee simple estate in Lake Ngakapua vests in the trustees. 2: Lake Ngakapua is not rateable under the Local Government (Rating) Act 2002 section 9 3: Section 41 4: To the extent that Lake Ngakapua has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 39: Lake Rotokawau 1: The fee simple estate in Lake Rotokawau vests in the trustees. 2: Lake Rotokawau is not rateable under the Local Government (Rating) Act 2002 section 9 3: Section 41 4: To the extent that Lake Rotokawau has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 40: Lake Waiparera 1: The fee simple estate in Lake Waiparera vests in the trustees. 2: Lake Waiparera is not rateable under the Local Government (Rating) Act 2002 section 9 3: Section 41 4: To the extent that Lake Waiparera has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 41: Effect of vesting of lake properties 1: The vesting of a lake property by sections 37 to 40 lake 2: Members of the public may carry out any lawful recreational activities in or on a lake without interference by or on behalf of the trustees. 3: In this section, recreational activity a: includes swimming, boating, waterskiing, fishing, and duck shooting; but b: does not include an activity— i: that is unlawful under any enactment or that must be carried out in accordance with an enactment; or ii: for which members of the public are required by or under any enactment to hold a licence or permit authorising the activity, unless the activity is carried out under and in accordance with the necessary licence or permit; or iii: that involves attaching a fixture to a lake property or that carries a risk of significant adverse effect to a lake. 4: The vesting of a lake property does not give the trustees any rights or impose any obligations in relation to— a: the waters of a lake; or b: the aquatic life of a lake (other than plants attached to the bed of the lake). General provisions applying to vesting of cultural redress properties 42: Properties vest subject to or together with interests Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in Schedule 1 43: Interests in land for certain reserve properties 1: This section applies to each of Beach sites A, B, C, and D while the property has an administering body that is treated as if the property were vested in it. 2: This section applies to all or the part of the reserve property that remains a reserve under the Reserves Act 1977 reserve land 3: If the reserve property is affected by an interest in land listed for the property in Schedule 1 a: the registered proprietor of the property is the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is subject to a Crown forestry licence; but b: the interest applies as if the administering body were the grantor or the grantee, as the case may be, of the interest in respect of the reserve land where the property is not subject to a Crown forestry licence. 4: For the purposes of registering any interest in land that affects the reserve land,— a: if the reserve land is subject to a Crown forestry licence, the registered proprietor of the property is the grantor, or the grantee, as the case may be, of that interest: b: if the reserve land is not subject to a Crown forestry licence, the interest must be dealt with as if the administering body were the registered proprietor of the reserve land. 5: Subsections (3) and (4) continue to apply despite any subsequent transfer of the reserve land under section 53 44: Interests that are not interests in land 1: This section applies if a cultural redress property is subject to an interest (other than an interest in land) listed for the property in Schedule 1 2: The interest applies as if the owners of the cultural redress property were the grantor of the interest in respect of the property. 3: The interest applies— a: until the interest expires or is terminated, but any subsequent transfer of the cultural redress property must be ignored in determining whether the interest expires or is or may be terminated; and b: with any other necessary modifications; and c: despite any change in status of the land in the property. 45: Vesting of share of fee simple estate in property In sections 46 to 49 46: Registration of ownership 1: This section applies to a cultural redress property vested in the trustees under this subpart. 2: Subsection (3) applies to a cultural redress property (other than a jointly vested property), but only to the extent that the property is all of the land contained in a computer freehold register. 3: The Registrar-General must, on written application by an authorised person,— a: register the trustees as the proprietors of the fee simple estate in the property; and b: record any entry on the computer freehold register and do anything else necessary to give effect to this subpart and to part 8 of the deed of settlement. 4: Subsection (5) applies to a cultural redress property (other than a jointly vested property), but only to the extent that subsection (2) does not apply to the property. 5: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 6: For a jointly vested property (other than the Tangonge property), the Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for an equal undivided share of the fee simple estate in the property in the names of the trustees; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 7: For the Tangonge property, the Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of— i: the trustees as to an undivided half share; and ii: the trustees of Te Rūnanga o Te Rarawa as to an undivided half share; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application. 8: Subsections (5), (6), and (7) are subject to the completion of any survey necessary to create a computer freehold register. 9: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but not later than— a: 24 months after the settlement date; or b: any later date that may be agreed in writing,— i: in the case of a property that is not a jointly vested property, by the Crown and the trustees; or ii: in the case of a jointly vested property, by the Crown, the trustees, and the trustees of any other Te Hiku o Te Ika iwi governance entity in whom the property is jointly vested. 10: In this section, authorised person a: the chief executive of LINZ, for the following properties: i: Hukatere site A: ii: Lake Katavich: iii: Lake Ngakapua: iv: Lake Rotokawau: v: Lake Waiparera: b: the Secretary for Justice, for the following properties: i: Mai i Waikanae ki Waikoropūpūnoa: ii: Mai i Hukatere ki Waimahuru: iii: Mai i Ngāpae ki Waimoho: iv: Tangonge property: c: the Director-General, for all other properties. 47: Application of Part 4A of Conservation Act 1987 1: The vesting of the fee simple estate in a cultural redress property in the trustees under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 2: Section 24 3: Part 4A a: Lake Katavich; or b: Lake Ngakapua; or c: Lake Rotokawau; or d: Lake Waiparera. 4: If the reservation of a reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 5: Subsections (2) and (4) do not limit subsection (1). 48: Matters to be recorded on computer freehold register 1: The Registrar-General must record on the computer freehold register,— a: for a reserve property (other than a jointly vested property),— i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 47(4) 53 b: for each of the following properties, that Part 4A i: Lake Katavich; or ii: Lake Ngakapua; or iii: Lake Rotokawau; or iv: Lake Waiparera; and c: for a jointly vested reserve property to which section 46(6) i: that the land is subject to Part 4A section 24 ii: that the land is subject to sections 43(4) 47(4) 53 d: for any other cultural redress property, that the land is subject to Part 4A 2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1) 3: For a reserve property (other than a jointly vested property), if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to sections 47(4) 53 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on the computer freehold register for the part of the property that remains a reserve. 4: For a jointly vested reserve property, if the reservation of the property under this subpart is revoked for— a: all of the property, the Director-General must apply in writing to the Registrar-General to remove from any computer freehold register created under section 46 i: section 24 ii: the property is subject to sections 43(4) 47(4) 53 b: part of the property, the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register, created under section 46 5: The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a), as relevant. 49: Application of other enactments 1: The vesting of the fee simple estate in a cultural redress property under this subpart does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 2: The permission of a council under section 348 3: Sections 24 25 4: Section 11 Part 10 a: the vesting of the fee simple estate in a cultural redress property under this subpart; or b: any matter incidental to, or required for the purpose of, the vesting. 50: Names of Crown protected areas discontinued 1: Subsection (2) applies to the land, or the part of the land, in a cultural redress property that, immediately before the settlement date, was all or part of a Crown protected area. 2: The official geographic name of the Crown protected area is discontinued in respect of the land, or the part of the land, and the Board must amend the Gazetteer accordingly. 3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Further provisions applying to reserve properties 51: Application of other enactments to reserve properties 1: The trustees are the administering body of a reserve property, except as provided for in sections 26 to 29 2: Sections 78(1)(a) 79 to 81 88 3: If the reservation of a reserve property under this subpart is revoked under section 24 section 25(2) 4: A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 5: A reserve property must not have a name assigned to it or have its name changed under section 16(10) 52: Joint management body for Beach sites A, B, C, and D 1: A joint management body is established for Beach sites A, B, C, and D. 2: The following are appointers for the purposes of this section: a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and d: the trustees of Te Rūnanga o Te Rarawa. 3: Each appointer may appoint 2 members to the joint management body. 4: A member is appointed only if the appointer gives written notice with the following details to the other appointers: a: the full name, address, and other contact details of the member; and b: the date on which the appointment takes effect, which must be no earlier than the date of the notice. 5: An appointment ends after 5 years or when the appointer replaces the member by making another appointment. 6: A member may be appointed, reappointed, or discharged at the discretion of the appointer. 7: Sections 32 to 34 section 30 8: However, the first meeting of the body must be held not later than 2 months after the settlement date. 9: Section 41 10: A failure of an appointer to comply with subsection (4) does not invalidate the establishment of the joint management body or its actions or decisions. 53: Subsequent transfer of reserve land 1: This section applies to all or the part of a reserve property that remains a reserve under the Reserves Act 1977 2: The fee simple estate in the reserve land in a jointly vested property may be transferred only in accordance with section 55 3: The fee simple estate in the reserve land in any other property may be transferred only in accordance with section 54 55 4: In this section and sections 54 to 56 reserve land 54: Transfer of reserve land to new administering body 1: The registered proprietors of the reserve land may apply in writing to the Minister of Conservation for consent to transfer the fee simple estate in the reserve land to 1 or more persons (the new owners 2: The Minister of Conservation must give written consent to the transfer if the registered proprietors satisfy the Minister that the new owners are able to— a: comply with the requirements of the Reserves Act 1977 b: perform the duties of an administering body under that Act. 3: The Registrar-General must, on receiving the required documents, register the new owners as the proprietors of the fee simple estate in the reserve land. 4: The required documents are— a: a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer; and b: the written consent of the Minister of Conservation to the transfer of the reserve land; and c: any other document required for the registration of the transfer instrument. 5: The new owners, from the time of their registration under this section,— a: are the administering body of the reserve land; and b: hold the reserve land for the same reserve purposes as those for which it was held by the administering body immediately before the transfer. 6: A transfer that complies with this section need not comply with any other requirements. 55: Transfer of reserve land to trustees of existing administering body if trustees change The registered proprietors of the reserve land may transfer the fee simple estate in the reserve land if— a: the transferors of the reserve land are or were the trustees of any trust; and b: the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and c: the instrument to transfer the reserve land is accompanied by a certificate given by the transferees, or the transferees' solicitor, verifying that paragraphs (a) and (b) apply. 56: Reserve land not to be mortgaged The owners of reserve land must not mortgage, or give a security interest in, the reserve land. 57: Saving of bylaws, etc, in relation to reserve properties 1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation made or imposed under the Conservation Act 1987 Reserves Act 1977 2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987 Reserves Act 1977 2: Te Oneroa-a-Tohe Board Interpretation 58: Interpretation In this subpart and Schedule 2 accredited section 2(1) appointers section 62(1) or (2)(c) and (d) beach management agencies beach management plan section 70 Beach sites A, B, C, and D section 22 Central and South Conservation Areas and Ninety Mile Beach Marginal Strip commissioners section 67 Community Board section 19R sections 19H 19J Council Councils iwi appointer a: means a governance entity referred to in section 62(1)(a) to (d) b: if section 63(5) local government legislation a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 2002 c: the Local Government Act 1974 d: the Local Government Official Information and Meetings Act 1987 marine and coastal area section 9(1) panel section 67 RMA planning document a: means a regional policy statement, regional plan, or district plan within the meanings given in section 43AA b: includes a proposed plan within the meaning of section 43AAC of that Act Te Oneroa-a-Tohe Board Board section 60(1) Te Oneroa-a-Tohe management area a: the marine and coastal area; and b: Beach sites A, B, C, and D vested under subpart 1 c: the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip (to the extent that section 59 d: any other area adjacent to, or that is within the vicinity of, the areas identified in paragraphs (a) and (b), with the agreement of— i: the Board; and ii: the owner or administrator of the land Te Oneroa-a-Tohe redress Removal of conservation area status 59: Status of Central and South Conservation Areas and Ninety Mile Beach Marginal Strip Any part of the Central and South Conservation Areas and Ninety Mile Beach Marginal Strip that is situated below the mark of mean high-water springs— a: ceases to be a conservation area under the Conservation Act 1987 b: is part of the common marine and coastal area. Establishment, status, purpose, and membership of Board 60: Establishment and status of Board 1: The Te Oneroa-a-Tohe Board is established as a statutory body. 2: Despite Schedule 7 a: is a permanent committee; and b: must not be discharged without the agreement of all the appointers. 3: Despite the membership of the Board provided for by section 62 clause 30(1)(b) 4: Each member of the Board must— a: act in a manner that will achieve the purpose of the Board; and b: without limiting paragraph (a), comply with the terms of appointment issued by the relevant appointer. 5: Part 1 61: Purpose of Board The purpose of the Board is to provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations. 62: Appointment of members of Board 1: The Board consists of 8 members appointed as follows: a: 1 member appointed by the trustees: b: 1 member appointed by the trustees of the Te Manawa O Ngāti Kuri Trust: c: 1 member appointed by the trustees of the Te Rūnanga Nui o Te Aupouri Trust: d: 1 member appointed by the trustees of Te Rūnanga o Te Rarawa: e: 2 members appointed by the Northland Regional Council, being councillors holding office: f: 2 members appointed by the Far North District Council, being the mayor and a councillor holding office. 2: If the Minister gives notice under section 63(4) a: 4 members appointed by the iwi appointers referred to in subsection (1)(a) to (d); and b: 1 member appointed by the mandated representatives of Ngāti Kahu (or its governance entity if there is one); and c: 4 members appointed as provided for in subsection (1)(e) and (f); and d: 1 member appointed by the Community Board (but who may not necessarily be a member of the Community Board). 3: An iwi appointer must be satisfied, before making an appointment, that the person appointed has the mana, skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 4: The Councils (and, if relevant, the Community Board) must be satisfied, before making an appointment, that each person they appoint has the skills, knowledge, and experience to— a: participate effectively in carrying out the functions of the Board; and b: contribute to achieving the purpose of the Board. 5: If the person appointed by the Community Board is not an elected member of that board, the person must have sufficient standing in the community to enable that person to meet the requirements of subsection (4). 6: Appointers must, when making any appointments after the initial appointments, have regard to the skills, knowledge, and experience of the existing members to ensure that collectively the membership of the Board reflects a balanced mix of the skills, knowledge, and experience relevant to the purpose of the Board. 7: Members of the Board, other than those appointed by a Council, are not also members of a Council by virtue of their membership of the Board. 63: Interim participation of Ngāti Kahu in Te Oneroa-a-Tohe redress 1: On the settlement date, the Minister must give written notice to the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one), inviting Ngāti Kahu to participate in Te Oneroa-a-Tohe redress under this subpart on an interim basis. 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in Te Oneroa-a-Tohe redress on an interim basis, including a condition that a person may represent Ngāti Kahu on the Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: that must apply to the continuing participation of Ngāti Kahu, including a condition that the person referred to in paragraph (a) must continue to be approved as the appointee to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one). 3: The mandated representatives of Ngāti Kahu (or their governance entity if there is one) must, within 30 working days of receiving notice under subsection (1), give written notice to the Minister as to whether Ngāti Kahu elects to participate in the Te Oneroa-a-Tohe redress on an interim basis. 4: If the Minister is satisfied that Ngāti Kahu meets the conditions specified under subsection (2), the Minister must give written notice, stating the date on and from which Ngāti Kahu will participate in the Te Oneroa-a-Tohe redress on an interim basis, to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity, if there is one); and b: each of the iwi appointers referred to in section 62(1)(a) to (d) 5: If Ngāti Kahu breach the specified conditions, the Minister may give notice in writing to revoke the interim participation of Ngāti Kahu, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 6: The interim participation of Ngāti Kahu ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 7: In this section, Minister Functions and powers of Board 64: Functions and powers of Board 1: The primary function of the Board is to achieve the purpose of the Board. 2: In achieving the purpose of the Board, the Board must operate in a manner that— a: is consistent with tikanga Māori; and b: acknowledges the authority and responsibilities of the Councils and of Te Hiku o Te Ika iwi respectively; and c: acknowledges the shared aspirations of Te Hiku o Te Ika iwi and the Councils, as reflected in the shared principles. 3: In addition to the primary function of the Board, its other functions are— a: to prepare and approve a beach management plan that identifies the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: in respect of the health and well-being of the Te Oneroa-a-Tohe management area, to engage with, seek the advice of, and provide advice to,— i: Te Hiku o Te Ika iwi; and ii: the Councils; and iii: any relevant beach management agencies; and c: to monitor activities in, and the state of, the Te Oneroa-a-Tohe management area; and d: to monitor the extent to which the Board is achieving its purpose, and the implementation and effectiveness of the beach management plan; and e: to display leadership and undertake advocacy, including liaising with the community, in order to promote recognition of the unique significance of Te Oneroa-a-Tohe me Te Ara Wairua, the spiritual pathway to Hawaiiki between the living and the dead; and f: to appoint commissioners to panels for the purpose of hearing and determining resource consent applications that relate, in whole or in part, to the Te Oneroa-a-Tohe management area; and g: to engage and work collaboratively with the joint management body established under section 52 h: to take any other action that the Board considers is appropriate to achieving the purpose of the Board. 4: The Board may determine, in any particular circumstance,— a: whether to perform the functions identified in subsection (3)(b) to (h); and b: how, and to what extent, to perform any of those functions. 5: The Board has the powers reasonably necessary to carry out its functions in a manner that is consistent with— a: this subpart; and b: subject to paragraph (a), the relevant provisions in the local government legislation. 65: Power of Board to make requests to beach management agencies 1: The Board may make a reasonable request in writing to a relevant beach management agency for the provision of— a: information or advice to the Board on matters relevant to the Board's functions; and b: a representative of the agency to attend a meeting of the Board. 2: The Board must— a: give notice to a beach management agency under subsection (1)(b) not less than 10 working days before the meeting; and b: provide an agenda for the meeting with the request. 3: If it is reasonably practicable to do so, a beach management agency that receives a request from the Board must— a: provide the information or advice; and b: comply with a request made under subsection (1)(b) by appointing a person whom it considers appropriate to attend at least 4 meetings in a calendar year (although the person may attend more than 4 meetings). 4: In addition, the Board may request any other person or entity to— a: provide specified information to the Board: b: attend a meeting of the Board. Resource consent applications 66: Criteria for appointment of commissioners 1: Te Hiku o Te Ika iwi and the Councils must— a: develop criteria to guide the Board in appointing commissioners to hear and determine applications lodged under the Resource Management Act 1991 b: in accordance with those criteria, compile a list of accredited persons approved to be commissioners to hear and determine resource consent applications relating, in whole or in part, to the Te Oneroa-a-Tohe management area. 2: The duties under subsection (1) must be completed not later than the settlement date. 3: The Board must keep the list of commissioners under review and up to date. 67: Procedure for appointing hearing panel 1: If a Council intends to appoint a panel to hear and determine a resource consent application that relates to the Te Oneroa-a-Tohe management area, the Council concerned must give notice in writing to the Board of that intention. 2: Not later than 15 working days after the notice is received, the members of the Board appointed by the iwi appointers under section 62 63 section 66(1)(b) 3: The members of the Board appointed by the Council to which the resource consent application is made must appoint— a: up to half of the members of the panel from the list of commissioners compiled under section 66(1)(b) b: 1 of the commissioners appointed to the panel to be the chairperson of the panel. 4: The Board may, by notice in writing to the Council concerned, waive its rights to make appointments under subsection (2) or (3). 5: If the members of the Board appointed by the iwi appointers have not appointed commissioners as required by subsection (2), the Council concerned must, from the same list of commissioners, appoint commissioners who would otherwise have been appointed under subsection (2). 68: Obligation of Councils Each Council must provide to the Board copies or summaries of resource consent applications that each receives and that relate— a: wholly or in part to the Te Oneroa-a-Tohe management area; or b: to an area that is adjacent to or directly affects the Te Oneroa-a-Tohe management area. 69: Obligation of Board The Board must provide guidelines to the Councils as to the information that is required under section 68 a: whether the Board requires copies or summaries of resource consent applications, and when those copies or summaries are required; and b: whether there are certain types of applications that the Board does not require. Beach management plan 70: Preparation and approval of beach management plan 1: The Board must prepare and approve a beach management plan as required by section 64(3)(a) Part 2 2: However, a subcommittee of the Board must prepare and approve the part of the beach management plan that relates to Beach sites A, B, C, and D. 3: The members of the Board appointed by the iwi appointers and referred to in section 62(1)(a) to (d) 71: Purpose and contents of beach management plan 1: The purpose of the beach management plan is to— a: identify the vision, objectives, and desired outcomes for the Te Oneroa-a-Tohe management area; and b: provide direction to persons authorised to make decisions in relation to the Te Oneroa-a-Tohe management area; and c: express the Board's aspirations for the care and management of the Te Oneroa-a-Tohe management area, in particular, in relation to the following matters ( priority matters i: protecting and preserving the Te Oneroa-a-Tohe management area from inappropriate use and development and ensuring that the resources of the Te Oneroa-a-Tohe management area are preserved and enhanced for present and future generations; and ii: recognising the importance of the resources of the Te Oneroa-a-Tohe management area for Te Hiku o Te Ika iwi and ensuring the continuing access of Te Hiku o Te Ika iwi to their mahinga kai; and iii: recognising and providing for the spiritual, cultural, and historical relationship of Te Hiku o Te Ika iwi with the Te Oneroa-a-Tohe management area. 2: The part of the beach management plan that relates to Beach sites A, B, C, and D— a: must provide for the matters set out in section 41(3) b: is deemed to be a management plan for the purposes of that provision. 3: The beach management plan may include any other matters that the Board considers relevant to the purposes of the beach management plan. Effect of beach management plan on specified planning documents 72: Effect of beach management plan on RMA planning documents 1: Each time a Council prepares, reviews, varies, or changes an RMA planning document relating to the whole or a part of the Te Oneroa-a-Tohe management area, the Council must recognise and provide for the vision, objectives, and desired outcomes identified in the beach management plan under section 71(1)(a) 2: When a Council is determining an application for a resource consent that relates to the Te Oneroa-a-Tohe management area, the Council must have regard to the beach management plan until the obligation under subsection (1) is complied with. 3: The obligations under this section apply only to the extent that— a: the contents of the beach management plan relate to the resource management issues of the district or region; and b: those obligations are able to be carried out consistently with the purpose of the Resource Management Act 1991 4: This section does not limit the provisions of Part 5 Schedule 1 73: Effect of beach management plan on conservation documents 1: Each time a conservation management strategy relating to the whole or a part of the Te Oneroa-a-Tohe management area is prepared under subpart 3 section 71(1)(a) 2: The person or body responsible for preparing, approving, reviewing, or amending a conservation management plan under Part 3A 3: The obligations under this section apply only to the extent that— a: the vision, objectives, and desired outcomes identified in the beach management plan relate to the conservation issues of the Te Oneroa-a-Tohe management area; and b: those obligations are able to be carried out consistently with the purpose of the Conservation Act 1987 4: This section does not limit the provisions of Part 3A 74: Effect of beach management plan on local government decision making The Councils must take the beach management plan into account when making decisions under the Local Government Act 2002 Application of other Acts 75: Application of other Acts to Board 1: To the extent that they are relevant to the purpose and functions of the Board under this Act, the provisions of the following Acts apply to the Board, with the necessary modifications, unless otherwise provided in this subpart or Schedule 2 a: the Local Authorities (Members' Interests) Act 1968 b: the Local Government Act 1974 c: the Local Government Act 2002 d: the Local Government Official Information and Meetings Act 1987 2: Clause 31(1) 3: Clauses 23(3)(b) 24 26(3) and (4) 27 30(2), (3), (5), and (7) 31(2) and (6) 4: Clauses 19 20 22 a: the references to a local authority being read as references to the Board; and b: the reference in clause 19(5) 5: To the extent that the rest of Schedule 7 a: a local authority being read as references to the Board; and b: a member of a committee of a local authority being read as references to the persons appointed by the persons or bodies specified in section 62 3: Korowai 76: Interpretation In this subpart and Schedule 3 Conservation Authority Authority section 6A conservation land conservation legislation Conservation Act 1987 Schedule 1 conservation protected area a: a conservation area under the Conservation Act 1987 b: a reserve administered by the Department of Conservation under the Reserves Act 1977 c: a wildlife refuge, wildlife sanctuary, or wildlife management reserve under the Wildlife Act 1953 contact person customary materials plan section 102 Part 3 customary taking dead protected animal a: means the dead body or part of the dead body of an animal protected under the conservation legislation; but b: does not include the body or part of the body of a dead marine mammal draft document CMS section 85 korowai area a: means the land administered by the Department of Conservation, as shown on the plan included as Appendix 3 to part 6 of the deed of settlement; and b: includes— i: any additional land, if its inclusion is agreed by the Crown, Te Hiku o Te Ika iwi, and any other relevant neighbouring iwi; and ii: if the conservation legislation applies to land or resources not within the area specified in paragraph (a) or this paragraph, that land and those resources, but only for the korowai; and iii: the common marine and coastal area adjacent to the land referred to in paragraph (a) or this paragraph, but only for the purposes of the korowai Minister Ngāti Kahu area of interest section 81 nominator a: means an entity with responsibility for nominating a member of the Conservation Board under section 80(1)(a) b: if section 80(2) Northland CMS a: the Te Hiku CMS described in section 82(a) b: the CMS described in section 82(b) parties a: Te Hiku o Te Ika iwi acting collectively through their representatives; and b: the Director-General plant section 2(1) plant material relationship agreement representatives a: the Te Hiku CMS; and b: the customary materials plan; and c: the relationship agreement Te Hiku o Te Ika Conservation Board Conservation Board section 78 Te Hiku o Te Ika conservation management strategy Te Hiku CMS Te Rerenga Wairua Reserve wāhi tapu framework section 103 wāhi tapu management plan Part 4 Overview of, and background to, korowai redress 77: Overview and background 1: The provisions of this subpart, Schedule 3 a: the Te Hiku o Te Ika Conservation Board; and b: the Te Hiku o Te Ika conservation management strategy; and c: a customary materials plan, wāhi tapu framework, and relationship agreement. 2: Ngāti Kuri, Te Aupouri, NgāiTakoto, Te Rarawa, and the Crown are committed under the korowai to establishing, maintaining, and strengthening their positive, co-operative, and enduring relationships, guided by the following principles: Relationship principles a: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi b: respecting the autonomy of each party and its individual mandate, role, and responsibility: c: actively working together using shared knowledge and expertise: d: co-operating in partnership in a spirit of good faith, integrity, honesty, transparency, and accountability: e: engaging early on issues of known interest to any of the parties: f: enabling and supporting the use of te reo Māori and tikanga Māori: g: acknowledging that the parties' relationship is evolving: Conservation principles h: promoting and supporting conservation values: i: ensuring public access to conservation land: j: acknowledging the Kaupapa Tuku Iho ( inherited values k: supporting a conservation ethos by— i: integrating an indigenous perspective; and ii: enhancing a national identity: l: recognising and acknowledging the role and value of the cultural practices of local hapū in conservation management: m: recognising the full range of public interests in conservation land and taonga. Te Hiku o Te Ika Conservation Board established 78: Establishment of Te Hiku o Te Ika Conservation Board 1: Te Hiku o Te Ika Conservation Board is established, and is to be treated as established, under section 6L(1) 2: On and from the settlement date, the Conservation Board established by this section— a: is a Conservation Board under the Conservation Act 1987 b: must carry out, in the korowai area, the functions specified in section 6M c: has the powers conferred by section 6N 3: In this subpart, the Conservation Act 1987 clause 2 79: Role and jurisdiction of Northland Conservation Board to cease On and from the settlement date, the Northland Conservation Board set up under Part 2A Constitution of Te Hiku o Te Ika Conservation Board 80: Appointment of members of Te Hiku o Te Ika Conservation Board 1: Te Hiku o Te Ika Conservation Board consists of— a: 4 members appointed by the Minister of Conservation as follows: i: 1 member, on the nomination of the trustees; and ii: 1 member, on the nomination of the trustees of the Te Manawa O Ngāti Kuri Trust; and iii: 1 member, on the nomination of the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and iv: 1 member, on the nomination of the trustees of Te Rūnanga o Te Rarawa; and b: 4 members appointed by the Minister. 2: If the Ministers give notice under section 81(3) a: 4 members appointed by the Minister on the nomination of the nominators referred to in subsection (1)(a); and b: 1 member appointed by the Minister on the nomination of the mandated representatives of Ngāti Kahu (or if there is one, the Ngāti Kahu governance entity); and c: 5 members appointed by the Minister. 3: Further provisions concerning the Conservation Board are set out in Part 1 81: Interim participation of Ngāti Kahu on Conservation Board 1: On the settlement date, the Minister for Treaty of Waitangi Negotiations and the Minister of Conservation (the Ministers 2: The notice must specify the conditions— a: that must be satisfied before Ngāti Kahu may participate in the Conservation Board on an interim basis, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person is appointed to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must agree to participate on the Conservation Board only in relation to those parts of the korowai area wholly within the Ngāti Kahu area of interest; and b: that must apply to the continuing participation of Ngāti Kahu, including conditions that— i: a person may represent Ngāti Kahu on the Conservation Board only if that person continues to be approved as the appointee to that position by the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and ii: the person appointed to the Conservation Board to represent Ngāti Kahu must continue to participate on the Conservation Board only in relation to those parts of korowai area wholly within the Ngāti Kahu area of interest. 3: If the Ministers are satisfied that Ngāti Kahu have met the specified conditions, they must give written notice stating the date on and from which Ngāti Kahu will participate on the Conservation Board on an interim basis to— a: the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one); and b: each of the nominators referred to in section 80(1)(a) 4: If Ngāti Kahu breach the specified conditions, the Ministers may give notice in writing to revoke the interim participation of Ngāti Kahu on the Conservation Board, but only after giving the mandated representatives of Ngāti Kahu (or the Ngāti Kahu governance entity if there is one)— a: reasonable notice of the breach; and b: a reasonable opportunity to remedy the breach. 5: The interim participation of Ngāti Kahu on the Conservation Board ceases on the settlement date specified in the settlement legislation for Ngāti Kahu. 6: In this section, Ngāti Kahu area of interest a: the Ngāti Kahu Agreement in Principle dated 17 September 2008; and b: the Te Hiku Agreement in Principle dated 16 January 2010. Conservation management strategy 82: Northland CMS The Northland CMS consists of— a: one part, to be known as the Te Hiku CMS,— i: prepared in accordance with this subpart; and ii: applying to the korowai area in accordance with section 92 b: one part— i: prepared by the Northland Conservation Board under the Conservation Act 1987 ii: applying in any part of Northland where the Te Hiku CMS does not apply. 83: Status, effect, and certain contents of Te Hiku CMS 1: The Te Hiku CMS— a: is a conservation management strategy for the purposes of section 17D b: has the same effect as if it were a conservation management strategy prepared and approved under that Act. 2: Sections 17E(8) 17F 17H 17I Conservation Act 1987 3: The Te Hiku CMS must— a: refer to the wāhi tapu framework required by section 103 b: reflect the relationship between Te Hiku o Te Ika iwi and the wāhi tapu described in the framework; and c: reflect the importance of those wāhi tapu being protected; and d: acknowledge the role of the wāhi tapu management plan. Preparation of draft Te Hiku CMS 84: Preliminary agreement 1: Before the parties commence preparation of a draft Te Hiku CMS, they must develop a plan. 2: The plan must set out— a: the principal matters to be included in the draft document; and b: the manner in which those matters are to be dealt with; and c: the practical steps that the parties will take to prepare and seek approval for the draft document. 85: Draft document to be prepared 1: Not later than 12 months after the settlement date, the parties must commence preparation of a draft document in consultation with— a: the Conservation Board; and b: any other persons or organisations that the parties agree are appropriate. 2: The parties may agree a later date to commence preparing the draft document. 3: In addition to the matters prescribed for a conservation management strategy by section 17D section 83(3) 86: Notification of draft document 1: As soon as practicable after the date on which preparation of the draft document commences under section 85 a: notify the draft document in accordance with section 49(1) b: give notice of the draft document to the relevant local authorities. 2: The notice must— a: state that the draft document is available for inspection at the places and times specified in the notice; and b: invite submissions from the public, to be lodged with the Director-General before the date specified in the notice, which must be not less than 40 working days after the date of the notice. 3: The draft document must continue to be available for public inspection after the date it is notified, at the places and times specified in the notice, to encourage public participation in the development of the draft document. 4: The parties may, after consulting the Conservation Board, seek views on the draft document from any person or organisation that they consider to be appropriate. 87: Submissions 1: Any person may, before the date specified in the notice given under section 86(2)(b) 2: The Director-General must provide a copy of any submission to Te Hiku o Te Ika iwi within 5 working days of receiving the submission. 88: Hearing 1: Persons wishing to be heard must be given a reasonable opportunity to appear before a meeting of representatives of— a: Te Hiku o Te Ika iwi; and b: the Director-General; and c: the Conservation Board. 2: The representatives referred to in subsection (1) may hear any other person or organisation whose views on the draft document were sought under section 86(4) 3: The hearing of submissions must be concluded not later than 2 months after the date specified in the notice given under section 87(2)(b) 4: After the conclusion of the hearing, Te Hiku o Te Ika iwi and the Director-General must jointly prepare a summary of the submissions on the draft document and any other views on it made known to them under section 86(4) 89: Revision of draft document The parties must, after considering the submissions heard and other views received under section 86(4) a: revise the draft document as they consider appropriate; and b: not later than 6 months after all submissions have been heard, provide to the Conservation Board— i: the draft document as revised; and ii: the summary of submissions prepared under section 88(4) Approval process 90: Submission of draft document to Conservation Authority 1: After considering the draft document and the summary of submissions provided under section 89 a: may request the parties to further revise the draft document; and b: must submit the draft document to the Conservation Authority, for its approval, together with— i: a written statement of any matters on which the parties and the Conservation Board are not able to agree; and ii: a copy of the summary of the submissions. 2: The Conservation Board must provide the draft document to the Conservation Authority not later than 6 months after the draft document was provided to the Conservation Board, unless the Minister directs a later date. 91: Approval of Te Hiku CMS 1: The Conservation Authority— a: must consider the draft document and any relevant information provided to it under section 90(1)(b) b: may consult any person or organisation that it considers appropriate, including— i: the parties; and ii: the Conservation Board. 2: After considering the draft document and that information, the Conservation Authority must— a: make any amendments to the draft document that it considers necessary; and b: provide the draft document with any amendments and other relevant information to the Minister and Te Hiku o Te Ika iwi. 3: Te Hiku o Te Ika iwi and the Minister jointly must— a: consider the draft document provided under subsection (2)(b); and b: return the draft document to the Conservation Authority with written recommendations that Te Hiku o Te Ika iwi and the Minister consider appropriate. 4: The Conservation Authority, after having regard to any recommendations, must— a: make any amendments that it considers appropriate and approve the draft document; or b: return the draft document to Te Hiku o Te Ika iwi and the Minister for further consideration under subsection (3), with any new information that the Authority wishes them to consider, before the draft document is amended, if appropriate, and approved. 92: Effect of approval of Te Hiku CMS On and from the day that the draft document is approved under section 91 a: the Te Hiku CMS applies, with any necessary modification, in the korowai area; and b: the part of the Northland CMS described in section 82(b) Review and amendment of Te Hiku CMS 93: Review procedure 1: The parties may initiate a review of the whole or a part of the Te Hiku CMS at any time, after consulting the Conservation Board. 2: Every review must be carried out in accordance with the process set out in sections 84 to 91 3: The parties must commence a review of the whole of the Te Hiku CMS not later than 10 years after the date of its initial or most recent approval under section 91 94: Review in relation to Ngāti Kahu area of interest 1: If the Ngāti Kahu area of interest is not covered by the Te Hiku CMS, a review may be commenced under section 93 2: Subsection (1) applies only with the agreement of the Ngāti Kahu governance entity. 3: If, as a result of a review conducted under subsection (1), the Te Hiku CMS is extended to include the Ngāti Kahu area of interest,— a: the part of the Northland CMS described in section 82(b) b: the Te Hiku CMS applies to that area. 4: Subsection (3) applies on and from the date on which the Te Hiku CMS, as reviewed under subsection (1), is approved. 5: A review carried out under this section must be carried out in accordance with the process set out in sections 84 to 91 95: Amendment procedure 1: At any time the parties may, after consulting the Conservation Board, initiate amendments to the whole or a part of the Te Hiku CMS. 2: Unless subsection (3) or (4) applies, amendments must be made in accordance with the process set out in sections 84 to 91 3: If the parties consider that the proposed amendments would not materially affect the policies, objectives, or outcomes of the Te Hiku CMS or the public interest in the relevant conservation matters,— a: the parties must send the proposed amendments to the Conservation Board; and b: the proposed amendments must be dealt with in accordance with sections 90 91 4: However, if the purpose of the proposed amendments is to ensure the accuracy of the information in the Te Hiku CMS required by section 17D(7) 5: The Director-General must notify any amendments made under subsection (4) to the Conservation Board without delay. Process to be followed if disputes arise 96: Dispute resolution 1: If the parties are not able, within a reasonable time, to resolve a dispute arising at any stage in the process of preparing, approving, or amending the Te Hiku CMS under sections 84 to 95 a: give written notice to the other of the issues in dispute; and b: require the process under this section and section 97 2: Within 15 working days of the date of the notice given under subsection (1), a representative of the Director-General with responsibilities within the area covered by the Te Hiku CMS must meet in good faith with 1 or more representatives of Te Hiku o Te Ika iwi to seek a means to resolve the dispute. 3: If that meeting does not achieve a resolution within 20 working days of the notice being given under subsection (1), the Director-General and 1 or more representatives of Te Hiku o Te Ika iwi must meet in good faith to seek a means to resolve the dispute. 4: If the dispute has not been resolved within 30 working days of the notice being given under subsection (1), the Minister and 1 or more representatives of Te Hiku o Te Ika iwi must, if they agree, meet in good faith to seek to resolve the dispute. 5: Subsection (4) applies only if the dispute is a matter of significance to both parties. 6: A resolution reached under this section is valid only to the extent that it is not inconsistent with the legal obligations of the parties. 97: Mediation 1: If resolution is not reached within a reasonable time under section 96 2: The parties must seek to agree to appoint 1 or more persons who are to conduct a mediation or, if agreement is not reached within 15 working days of the notice being given under subsection (1), the party that gave notice must make a written request to the President of the New Zealand Law Society to appoint a mediator to assist the parties to reach a settlement of the dispute. 3: A mediator appointed under subsection (2)— a: must be familiar with tikanga Māori and te reo Māori; and b: must not have an interest in the outcome of the dispute; and c: does not have the power to determine the dispute, but may give non-binding advice. 4: The parties must— a: participate in the mediation in good faith; and b: share the costs of a mediator appointed under this section and related expenses equally; but c: in all other respects, meet their own costs and expenses in relation to the mediation. 98: Effect of dispute process on prescribed time limits If, at any stage in the process of preparing, approving, or amending the Te Hiku CMS, notice is given under section 96(1) a: the calculation of any prescribed time is stopped until the dispute is resolved; and b: the parties must, after the dispute is resolved, resume the process of preparing, approving, or amending the Te Hiku CMS at the point where it was interrupted. Access to Conservation Authority and Minister of Conservation 99: New Zealand Conservation Authority 1: Each year, the Director-General must provide Te Hiku o Te Ika iwi with the annual schedule of meetings of the Conservation Authority. 2: If Te Hiku o Te Ika iwi wish to discuss a matter of national importance about conservation land or resources in the korowai area, they may make a request to address a scheduled meeting of the Conservation Authority. 3: A request must— a: be in writing; and b: set out the matter of national importance to be discussed; and c: be given to the Conservation Authority not later than 20 working days before the date of a scheduled meeting. 4: The Conservation Authority must respond to any request not later than 10 working days before the date of the scheduled meeting, stating that Te Hiku o Te Ika iwi may attend that scheduled meeting or a subsequent scheduled meeting. 100: Minister of Conservation 1: The Minister of Conservation or the Associate Minister of Conservation must meet annually with the leaders of Te Hiku o Te Ika iwi to discuss the progress of the korowai in expressing the relationship between the Crown and Te Hiku o Te Ika iwi on conservation matters in the korowai area. 2: The place and date of the meeting must be agreed between the Office of the Minister of Conservation and the contact person nominated by Te Hiku o Te Ika iwi. 3: Prior to the date of the annual meeting, Te Hiku o Te Ika iwi must— a: propose the agenda for the meeting; and b: provide relevant information relating to the matters on the agenda. 4: The persons who are entitled to attend the annual meeting are— a: Te Hiku o Te Ika iwi leaders; and b: the Minister or Associate Minister of Conservation (or, if neither Minister is able to attend, a senior delegate appointed by the Minister, if Te Hiku o Te Ika iwi agree). Decision-making framework 101: Acknowledgement of section 4 of Conservation Act 1987 When a decision relating to the korowai area must be made under the conservation legislation that applies in the korowai area, the decision maker must,— a: in applying section 4 te Tiriti o Waitangi/the Treaty of Waitangi i: to the extent required by the conservation legislation; and ii: in a manner commensurate with— A: the nature and degree of Te Hiku o Te Ika iwi interest in the korowai area; and B: the subject matter of the decision; and b: comply with the provisions of Part 2 Transfer of decision-making and review functions 102: Customary materials plan 1: The parties must jointly prepare and agree a customary materials plan that covers— a: the customary taking of plant material from conservation protected areas within the korowai area; and b: the possession of dead protected animals found within the korowai area. 2: The first customary materials plan must be agreed not later than the settlement date. 3: Part 3 103: Wāhi tapu framework 1: The parties must work together to develop a wāhi tapu framework for the management of wāhi tapu including, if appropriate, management by the mana whenua hapū and iwi associated with the wāhi tapu. 2: Part 4 104: Protection of spiritual and cultural integrity of Te Rerenga Wairua Reserve Part 5 Relationship agreement 105: Relationship agreement Not later than the settlement date, the Director-General and Te Hiku o Te Ika iwi must enter into a relationship agreement on the terms and conditions set out in Appendix 2 to part 6 of the deed of settlement. 4: Statutory acknowledgement and deeds of recognition 106: Interpretation In this subpart,— relevant consent authority statement of association a: made by NgāiTakoto of their particular cultural, historical, spiritual, and traditional association with the statutory area; and b: set out in part 2 of the documents schedule statutory acknowledgement section 107 statutory area Schedule 4 statutory plan a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA b: includes a proposed plan, as defined in section 43AAC Statutory acknowledgement 107: Statutory acknowledgement by the Crown The Crown acknowledges the statements of association for the statutory areas. 108: Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— a: to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 109 to 111 b: to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory areas and to provide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 112 113 c: to enable the trustees and any member of NgāiTakoto to cite the statutory acknowledgement as evidence of the association of NgāiTakoto with a statutory area, in accordance with section 114 109: Relevant consent authorities to have regard to statutory acknowledgement 1: This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E 3: Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991 110: Environment Court to have regard to statutory acknowledgement 1: This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area. 2: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 3: Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991 111: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement 1: This section applies to an application made under section 44 56 61 2: On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48 56 62 3: On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— a: in determining whether the trustees are persons directly affected by the decision; and b: in determining, under section 59(1) 64(1) 4: In this section, archaeological site section 6 112: Recording statutory acknowledgement on statutory plans 1: On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover a statutory area. 2: The information attached to a statutory plan must include— a: a copy of sections 107 to 111 113 114 b: descriptions of the statutory areas wholly or partly covered by the plan; and c: the statement of association for each statutory area. 3: The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— a: part of the statutory plan; or b: subject to the provisions of Schedule 1 113: Provision of summary or notice to trustees 1: Each relevant consent authority must, for a period of 20 years on and from the effective date, provide the following to the trustees for each resource consent application for an activity within, adjacent to, or directly affecting a statutory area: a: if the application is received by the consent authority, a summary of the application; or b: if notice of the application is served on the consent authority under section 145(10) 2: A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B 3: The summary must be provided— a: as soon as is reasonably practicable after the relevant consent authority receives the application; but b: before the relevant consent authority decides under section 95 4: A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice. 5: The trustees may, by written notice to a relevant consent authority,— a: waive the right to be provided with a summary or copy of a notice under this section; and b: state the scope of that waiver and the period it applies for. 6: This section does not affect the obligation of a relevant consent authority to decide,— a: under section 95 b: under section 95E 114: Use of statutory acknowledgement 1: The trustees and any member of NgāiTakoto may, as evidence of the association of NgāiTakoto with a statutory area, cite the statutory acknowledgement that relates to that area in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— a: the relevant consent authorities; or b: the Environment Court; or c: Heritage New Zealand Pouhere Taonga; or d: the Environmental Protection Authority or a board of inquiry under Part 6AA 2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on— a: the bodies referred to in subsection (1); or b: parties to proceedings before those bodies; or c: any other person who is entitled to participate in those proceedings. 3: However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account. 4: To avoid doubt,— a: neither the trustees nor members of NgāiTakoto are precluded from stating that NgāiTakoto have an association with a statutory area that is not described in the statutory acknowledgement; and b: the content and existence of the statutory acknowledgement do not limit any statement made. Deeds of recognition 115: Issuing and amending deeds of recognition 1: This section applies in respect of the statutory areas listed in Schedule 4 2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 3 of the documents schedule for the statutory areas administered by the Department of Conservation. 3: The Commissioner of Crown Lands must issue a deed of recognition in the form set out in part 3 of the documents schedule for the statutory areas administered by the Commissioner. 4: The person or persons who issue a deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deeds of recognition 116: Application of statutory acknowledgement and deed of recognition to river, stream, or lake 1: If any part of the statutory acknowledgement applies to a river or stream, that part of the acknowledgement— a: applies only to— i: the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and ii: the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but b: does not apply to— i: a part of the bed of the river or stream that is not owned by the Crown; or ii: an artificial watercourse; or iii: a tributary flowing into the river. 2: If any part of a deed of recognition applies to a river or stream, that part of the deed— a: applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but b: does not apply to— i: a part of the bed of the river or stream that is not owned and managed by the Crown; or ii: the bed of an artificial watercourse; or iii: a tributary flowing into the river. 3: If any part of a statutory acknowledgement or deed of recognition applies to a lake,— a: that part of the acknowledgement or deed of recognition applies only to— i: the body of fresh water in the lake; and ii: the bed of the lake; and b: in the case of a statutory acknowledgement, that part of the acknowledgement does not apply to any part of the bed of the lake that is not owned by the Crown; and c: in the case of a deed of recognition, that part of the deed of recognition does not apply to any part of the bed of the lake that is not owned and managed by the Crown; and d: that part of the acknowledgement or deed of recognition does not apply,— i: in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level without overflowing the banks of the lake; or ii: in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating level; or iii: to any river, stream, or watercourse, whether artificial or otherwise, draining into or out of a lake. 4: In this section,— lake maximum operating level Resource Management Act 1991 117: Exercise of powers and performance of functions and duties 1: The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw. 2: A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of NgāiTakoto with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area. 3: Subsection (2) does not limit subsection (1). 4: This section is subject to— a: the other provisions of this subpart; and b: any obligation imposed on the Minister of Conservation, the Director-General, or the Commissioner of Crown Lands by a deed of recognition. 118: Rights not affected 1: The statutory acknowledgement and a deed of recognition do not— a: affect the lawful rights or interests of a person who is not a party to the deed of settlement; or b: have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. 2: This section is subject to the other provisions of this subpart. Consequential amendment to Resource Management Act 1991 119: Amendment to Resource Management Act 1991 1: This section amends the Resource Management Act 1991 2: In Schedule 11 NgāiTakoto Claims Settlement Act 2015 2015-09-23 Resource Management Act 1991 5: Protocols 120: Interpretation In this subpart,— protocol a: means each of the following protocols issued under section 121(1)(a) i: the taonga tūturu protocol: ii: the fisheries protocol: iii: the protocol with the Minister of Energy and Resources; and b: includes any amendments made under section 121(1)(b) responsible Minister a: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage: b: for the fisheries protocol, the Minister for Primary Industries: c: for the protocol with the Minister of Energy and Resources, that Minister: d: for any protocol, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties in relation to the protocol. General provisions applying to protocols 121: Issuing, amending, and cancelling protocols 1: Each responsible Minister— a: must issue a protocol to the trustees on the terms set out in part 4 of the documents schedule; and b: may amend or cancel that protocol. 2: The responsible Minister may amend or cancel a protocol at the initiative of— a: the trustees; or b: the responsible Minister. 3: The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees. 122: Protocols subject to rights, functions, and duties Protocols do not restrict— a: the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability— i: to introduce legislation and change Government policy; and ii: to interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or b: the responsibilities of a responsible Minister or a department of State; or c: the legal rights of NgāiTakoto or a representative entity. 123: Enforcement of protocols 1: The Crown must comply with a protocol while it is in force. 2: If the Crown fails to comply with a protocol without good cause, the trustees may enforce the protocol, subject to the Crown Proceedings Act 1950 3: Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol. 4: To avoid doubt,— a: subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and b: subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2). Taonga tūturu 124: Taonga tūturu protocol 1: The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. 2: In this section, taonga tūturu a: has the meaning given in section 2(1) b: includes ngā taonga tūturu, as defined in section 2(1) Fisheries 125: Fisheries protocol 1: The chief executive of the department of State responsible for the administration of the Fisheries Act 1996 2: The noting of the summary is— a: for the purpose of public notice only; and b: not an amendment to a fisheries plan for the purposes of section 11A 3: The fisheries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments: a: the Fisheries Act 1996 b: the Maori Commercial Aquaculture Claims Settlement Act 2004 c: the Maori Fisheries Act 2004 d: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 4: In this section,— fisheries plan section 11A fisheries protocol area Crown minerals 126: Protocol with Minister of Energy and Resources 1: The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 a: a register of protocols maintained by the chief executive; and b: the minerals programmes that affect the protocol area, but only when those programmes are changed. 2: The noting of the summary is— a: for the purpose of public notice only; and b: not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991 3: The protocol with the Minister of Energy and Resources does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals. 4: In this section,— Crown mineral section 2(1) a: that is the property of the Crown under section 10 11 b: over which the Crown has jurisdiction under the Continental Shelf Act 1964 minerals programme section 2(1) protocol area 6: Fisheries advisory committees 127: Interpretation In this subpart,— fisheries protocol area section 125 Minister 128: Appointment of NgāiTakoto fisheries advisory committee 1: The Minister must, not later than the settlement date, appoint the trustees to be an advisory committee under section 21(1) 2: The purpose of the NgāiTakoto fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 3: The Minister must consider any advice given by the NgāiTakoto fisheries advisory committee. 4: In considering any advice, the Minister must recognise and provide for the customary, non-commercial interests of NgāiTakoto. 129: Appointment of joint fisheries advisory committee 1: The Minister must, on the settlement date, appoint a joint fisheries advisory committee to be an advisory committee under section 21(1) 2: Each Te Hiku o Te Ika iwi must appoint 1 person to be a member of the committee. 3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996 a: the fisheries protocol area; and b: the fisheries protocol areas provided for by— i: section 128 ii: section 130 iii: section 141 4: The Minister must consider any advice given by the joint fisheries advisory committee. 5: In considering the advice from the joint fisheries advisory committee, the Minister must recognise and provide for the customary, non-commercial interests of Te Hiku o Te Ika iwi. 6: If a Te Hiku o Te Ika iwi does not enter into a fisheries protocol with the Minister, the relevant area for the purpose of advising the Minister under subsection (3) is deemed to be the waters adjacent, or otherwise relevant, to the area of interest of that iwi (including any relevant quota management area or fishery management area within the exclusive economic zone). 7: In this section,— exclusive economic zone section 4(1) quota management area section 2(1) 7: Official geographic names 130: Interpretation In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4 131: Official geographic names 1: A name specified in the second column of the table in clause 8.28 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table. 2: Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 132: Publication of official geographic names 1: The Board must, as soon as practicable after the settlement date, give public notice of each official geographic name specified under section 131 section 21(2) and (3) 2: The notices must state that each official geographic name became an official geographic name on the settlement date. 133: Subsequent alteration of official geographic names 1: In making a determination to alter the official geographic name of a feature named under this subpart, the Board— a: need not comply with section 16 17 18 19(1) 20 b: must have the written consent of the trustees. 2: However, in the case of the features listed in subsection (3), the Board may alter the official geographic name only if it has the written consent of— a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and d: the trustees of Te Rūnanga o Te Rarawa. 3: Subsection (2) applies to— a: Te Oneroa-a-Tōhē / Ninety Mile Beach: b: Cape Reinga / Te Rerenga Wairua: c: Piwhane / Spirits Bay. 4: To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) 3: Commercial redress 134: Interpretation In subparts 1 to 3 Aupouri Forest commercial redress property Crown forest land section 2(1) Crown forestry licence a: has the meaning given in section 2(1) b: in relation to the Peninsula Block and the cultural forest land properties, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed cultural forest land properties a: means Beach sites A, B, and C and Hukatere site A defined as cultural redress properties in section 22 b: means Hukatere Pā, as defined in section 22 c: means Hukatere site B, as defined in section 22 d: excludes, to the extent provided for by the Crown forestry licence,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land deferred selection property joint licensor governance entities a: the trustees; and b: the trustees of the Te Manawa O Ngāti Kuri Trust; and c: the trustees of the Te Rūnanga Nui o Te Aupouri Trust; and d: the trustees of Te Rūnanga o Te Rarawa land holding agency a: for a commercial redress property, in part 3 of the property redress schedule; or b: for a deferred selection property, in part 4 of the property redress schedule licensee licensor Peninsula Block a: means the licensed land (being part of the Aupouri Forest) described in table 1A of part 3 of the property redress schedule; but b: excludes, to the extent provided for by the Crown forestry licence for the land,— i: all trees growing, standing, or lying on the land; and ii: all improvements that have been— A: acquired by any purchaser of the trees on the land; or B: made by the purchaser or the licensee after the purchaser has acquired the trees on the land Peninsula Block settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust: b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust: c: for NgāiTakoto, Te Rūnanga o NgāiTakoto: d: for Te Rarawa, Te Rūnanga o Te Rarawa protected site a: is wāhi tapu or a wāhi tapu area within the meaning of section 6 b: is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero as defined in section 6 relevant trustees right of access section 150 1: Transfer of commercial redress properties and deferred selection properties 135: The Crown may transfer properties 1: To give effect to part 9 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised to— a: transfer the fee simple estate in a commercial redress property or a deferred selection property to the trustees; and b: sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer. 2: Subsection (3) applies if a deferred selection property is subject to a resumptive memorial recorded under an enactment listed under section 17(2) 3: As soon as is reasonably practicable after the date on which a deferred selection property is transferred to the trustees, the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18 136: Transfer of share of fee simple estate in property In this subpart and subparts 2 3 137: Minister of Conservation may grant easements 1: The Minister of Conservation may grant any easement over a conservation area or reserve that is required to fulfil the terms of the deed of settlement in relation to a commercial redress property or deferred selection property. 2: Any easement granted under subsection (1)— a: is enforceable in accordance with its terms, despite Part 3B b: is to be treated as having been granted in accordance with Part 3B c: is registrable under section 17ZA(2) 138: Computer freehold registers for commercial redress properties and deferred selection properties that are not shared redress 1: This section applies to each of the following properties that are to be transferred to the trustees (but to no other person or entity) under section 135 a: a commercial redress property: b: a deferred selection property. 2: However, this section applies only to the extent that— a: the property is not all of the land contained in a computer freehold register; or b: there is no computer freehold register for all or part of the property. 3: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold register. 4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register. 5: In this section and sections 139 to 141 authorised person 139: Computer freehold registers for shared commercial redress properties and deferred selection properties 1: This section applies to each of the following properties that are to be transferred to tenants in common under section 135 a: a commercial redress property (other than the Peninsula Block): b: a deferred selection property. 2: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register in the name of the Crown for each undivided share of the fee simple estate in the property; and b: record on each computer freehold register any interests that are registered, notified, or notifiable and that are described for that register in the application; and c: omit any statement of purpose from each computer freehold register. 3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register. 140: Computer freehold register for Peninsula Block 1: This section applies to the Peninsula Block. 2: The Registrar-General must, in accordance with a written application by an authorised person,— a: create a computer freehold register in the name of the Crown for the fee simple estate in the property; and b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but c: omit any statement of purpose from the computer freehold register. 3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register. 141: Authorised person may grant covenant for later creation of computer freehold register 1: For the purposes of sections 138 to 140 2: Despite the Land Transfer Act 1952 a: the authorised person may request the Registrar-General to register the covenant under that Act by creating a computer interest register; and b: the Registrar-General must comply with the request. 142: Application of other enactments 1: This section applies to the transfer to the trustees of the fee simple estate in a commercial redress property or deferred selection property. 2: The transfer is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA 3: The transfer does not— a: limit section 10 11 b: affect other rights to subsurface minerals. 4: The permission of a council under section 348 5: Section 11 Part 10 6: In exercising the powers conferred by section 135 7: Subsection (6) is subject to subsections (2) and (3). 143: Transfer of Kaitaia College 1: Subsection (2) applies to the deferred selection property described as Kaitaia College in table 1 of part 4 of the property redress schedule. 2: Immediately before the transfer to the trustees, the reservation of any part of the property as a government purpose reserve for education purposes subject to the Reserves Act 1977 3: Sections 24 25 144: Transfer of properties subject to lease 1: This section applies to a commercial redress property or a deferred selection property— a: for which the land holding agency is the Ministry of Education; and b: the ownership of which is to be transferred to the trustees; and c: that, after the transfer, is to be subject to a lease back to the Crown. 2: Section 24 3: The transfer instrument for the transfer of the property must include a statement that the land is to become subject to section 145 4: The Registrar-General must, on the registration of the transfer of the property, record on any computer freehold register for the property that— a: the land is subject to Part 4A section 24 b: the land is subject to section 145 5: A notification made under subsection (4) that land is subject to Part 4A section 24D(1) 145: Requirements if lease terminates or expires 1: This section applies if the lease referred to in section 144(1)(c) 2: The transfer of the property is no longer exempt from section 24 3: The registered proprietors of the property must apply in writing to the Registrar-General,— a: if no part of the property remains subject to such a lease, to remove from the computer freehold register for the property the notifications that— i: section 24 ii: the property is subject to this section; or b: if only part of the property remains subject to such a lease (the leased part i: section 24 ii: that part is subject to this section. 4: The Registrar-General must comply with an application received in accordance with subsection (3) free of charge to the applicant. 2: Licensed land 146: Peninsula Block ceases to be Crown forest land 1: The Peninsula Block ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the relevant trustees. 2: However, the Crown, courts, and tribunals must not do or omit to do anything if that act or omission would, between the settlement date and the date of registration, be permitted by the Crown Forest Assets Act 1989 147: Relevant trustees are confirmed beneficiaries and licensors 1: The relevant trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the Peninsula Block. 2: The effect of subsection (1) is that— a: the relevant trustees are entitled to receive the rental proceeds for the Peninsula Block payable, since the commencement of the licence, to the trustees of the Crown forestry rental trust under the Crown forestry licence; and b: all the provisions of the Crown forestry rental trust deed apply on the basis that the relevant trustees are the confirmed beneficiaries in relation to the Peninsula Block. 3: Despite subsection (2)(a), the trustees are entitled to receive 20% of the rental proceeds for the Aupouri Forest since the commencement of the licence. 4: The Crown must give notice under section 17(4)(b) section 8HB(1)(a) 5: Notice given under subsection (4) has effect as if— a: the Waitangi Tribunal had made a recommendation under section 8HB(1)(a) b: the recommendation had become final on the settlement date. 6: The relevant trustees are the licensors under the Crown forestry licence as if the Peninsula Block and the cultural forest land properties had been returned to Māori ownership— a: on the settlement date; and b: under section 36(1)(b) 7: However, section 36(1)(b) 148: Effect of transfer of Peninsula Block Section 147 a: the transfer of the fee simple estate in the Peninsula Block has been registered; or b: the processes described in clause 17.4 of the Crown forestry licence have been completed, providing a single licence for the Peninsula Block and the cultural forest land properties. 149: Licence splitting process must be completed 1: To the extent that the Crown has not completed the processes referred to in section 148(b) a: on and after the settlement date; and b: until they are completed. 2: Subsection (3) provides for the licence fee payable for the Peninsula Block and the cultural forest land properties under the Crown forestry licence— a: for the period starting on the settlement date and ending on the completion of the processes referred to in subsection (1) and section 148 b: that is not part of the rental proceeds referred to in section 147(2)(a) 3: The licence fee payable is the amount calculated in the manner described in paragraphs 6.27 and 6.28 of the property redress schedule. 4: However, the calculation of the licence fee under subsection (3) is overridden by any agreement between the joint licensor governance entities as licensor, the licensee, and the Crown. 5: On and from the settlement date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the Peninsula Block and the cultural forest land properties, be read as references to the relevant trustees. 3: Access to protected sites Right of access 150: Right of access to protected sites 1: The owner of land on which a protected site is situated and any person holding an interest in, or right of occupancy to, that land must allow Māori for whom the protected site is of special spiritual, cultural, or historical significance to have access across the land to each protected site. 2: The right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner. 3: The right of access is subject to the following conditions: a: a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and b: the right of access may be exercised only at reasonable times and during daylight hours; and c: a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access as are reasonably required for— i: the safety of people; or ii: the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or iii: operational reasons. 151: Right of access over Peninsula Block 1: A right of access over the Peninsula Block is subject to the terms of any Crown forestry licence. 2: However, subsection (1) does not apply if the licensee has agreed to the right of access being exercised. 3: An amendment to a Crown forestry licence is of no effect to the extent that it would— a: delay the date from which a person may exercise a right of access; or b: adversely affect a right of access in any other way. 152: Right of access to be recorded on computer freehold register 1: This section applies to the transfer to the trustees of the Peninsula Block. 2: The transfer instrument for the transfer must include a statement that the land is subject to a right of access to any protected sites on the land. 3: The Registrar-General must, on the registration of the transfer of the land, record on any computer freehold register for the land, that the land is subject to a right of access to protected sites on the land. 4: Right of first refusal Interpretation 153: Interpretation In this subpart and Schedule 5 balance RFR land a: is exclusive RFR land or shared RFR land; and b: has been offered for disposal to the trustees of an offer trust— i: as exclusive RFR land or shared RFR land; and ii: in accordance with section 156 c: has not been withdrawn under section 158 d: has not been accepted in accordance with section 159 control a: for a company, control of the composition of its board of directors; and b: for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body a: a Crown entity (as defined by section 7(1) b: a State enterprise (as defined by section 2 c: the New Zealand Railways Corporation; and d: a company or body that is wholly owned or controlled by 1 or more of the following: i: the Crown: ii: a Crown entity: iii: a State enterprise: iv: the New Zealand Railways Corporation; and e: a subsidiary or related company of a company or body referred to in paragraph (d) dispose of a: means— i: to transfer or vest the fee simple estate in the land; or ii: to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but b: to avoid doubt, does not include— i: to mortgage, or give a security interest in, the land; or ii: to grant an easement over the land; or iii: to consent to an assignment of a lease, or to a sublease, of the land; or iv: to remove an improvement, fixture, or fitting from the land exclusive RFR land expiry date sections 156(1)(a) 157 NgāiTakoto settlement date notice offer section 156 offer trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land, Te Rūnanga o NgāiTakoto and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment: c: for balance RFR land, the RFR settlement trust for each remaining iwi other relevant iwi Other Relevant Iwi public work section 2 recipient trust a: for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement: b: for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 159 related company section 2(3) remaining iwi RFR date a: for the exclusive RFR land: b: for the shared RFR land RFR land section 154 RFR landowner a: means— i: the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and ii: a Crown body, if the body holds the fee simple estate in the land; and b: includes a local authority to which RFR land has been disposed of under section 162(1) c: to avoid doubt, does not include an administering body in which RFR land is vested— i: on the RFR date for that land; or ii: after the RFR date for that land, under section 163(1) RFR period a: for exclusive RFR land, a period of 172 years from the settlement date of an iwi granted a right to exclusive RFR land; and b: for balance RFR land, a period of 172 years from the settlement date; and c: for shared RFR land,— i: a period of 172 years from the NgāiTakoto settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the NgāiTakoto settlement date; or ii: if the settlement date for each of the other relevant iwi has not occurred on or before the NgāiTakoto settlement date, a period of 172 years from the earlier of— A: the date that is 24 months after the NgāiTakoto settlement date; and B: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment RFR settlement trust a: for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and b: for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and c: for NgāiTakoto, Te Rūnanga o NgāiTakoto; and d: for Te Rarawa, Te Rūnanga o Te Rarawa; and e: for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims shared RFR land a: the NgāiTakoto settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the NgāiTakoto settlement date; or b: if the settlement date for each of the other relevant iwi has not occurred on or before the NgāiTakoto settlement date, the earlier of— i: the date that is 24 months after the NgāiTakoto settlement date; and ii: the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment subsidiary section 5 154: Meaning of RFR land 1: In this subpart, RFR land a: exclusive RFR land; and b: shared RFR land; and c: balance RFR land; and d: land obtained in exchange for a disposal of RFR land under section 167(1)(c) 168 2: However, land ceases to be RFR land if— a: the fee simple estate in the land transfers from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 160 ii: any other person (including the Crown or a Crown body) under section 155(1)(d) b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 164 to 171 ii: under any matter referred to in section 172(1) c: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 180 d: the RFR period for the land ends. Restrictions on disposal of RFR land 155: Restrictions on disposal of RFR land 1: An RFR landowner must not dispose of RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of— a: under any of sections 161 to 171 b: under any matter referred to in section 172(1) c: in accordance with a waiver or variation given under section 180 d: within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust, if the offer to those trustees— i: related to exclusive RFR land or shared RFR land; and ii: was made in accordance with section 156 iii: was made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and iv: was not withdrawn under section 158 v: was not accepted under section 159 2: Subsection (1)(d) does not apply to exclusive RFR land or shared RFR land that is balance RFR land, unless and until— a: an offer to dispose of the balance RFR land has been made in accordance with section 156 b: that offer is not accepted by the trustees of an offer trust under section 159(3) Trustees' right of first refusal 156: Requirements for offer 1: An offer by an RFR landowner to dispose of RFR land to the trustees of an offer trust must be made by notice to the trustees of the 1 or more offer trusts, incorporating— a: the terms of the offer, including its expiry date; and b: the legal description of the land, including any interests affecting it and the reference for any computer register that contains the land; and c: a street address for the land (if applicable); and d: a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer; and e: a statement that identifies the land as exclusive RFR land, shared RFR land, or balance RFR land, as the case may be. 2: To avoid doubt, an offer made under this section by an RFR landowner to dispose of balance RFR land must be on terms that are the same (as far as practicable) as the terms of the offer made to the trustees of an offer trust to dispose of that land as exclusive RFR land or shared RFR land (as the case may have been). 157: Expiry date of offer 1: The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer. 2: However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees of the 1 or more offer trusts receive notice of the offer if— a: the trustees have received an earlier offer to dispose of the land; and b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and c: the earlier offer was not withdrawn. 3: For an offer of shared RFR land, if the RFR landowner has received notices of acceptance from the trustees of 2 or more offer trusts at the expiry date specified in the notice given under section 156(1) section 159(4) 158: Withdrawal of offer The RFR landowner may, by notice to the trustees of the 1 or more offer trusts, withdraw an offer at any time before it is accepted. 159: Acceptance of offer 1: The trustees of an offer trust may, by notice to the RFR landowner who makes an offer, accept the offer if— a: it has not been withdrawn; and b: its expiry date has not passed. 2: The trustees of an offer trust must accept all the RFR land offered, unless the offer permits them to accept less. 3: In the case of an offer of shared RFR land or balance RFR land, the offer is accepted if, at the end of the expiry date, the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust. 4: In the case of an offer of shared RFR land, if the RFR landowner has received notices of acceptance, at the expiry date specified in the notice of offer given under section 156 a: specifying the offer trusts from whose trustees acceptance notices have been received; and b: stating that the offer may be accepted by the trustees of only 1 of those offer trusts before the end of the tenth working day after the day on which the RFR landowner's notice is received under this subsection. 160: Formation of contract 1: If the trustees of an offer trust accept an offer by an RFR landowner under section 159 2: The terms of the contract may be varied by written agreement between the RFR landowner and the trustees of the recipient trust. 3: Under the contract, the trustees of the recipient trust may nominate any person other than those trustees (the nominee 4: The trustees of the recipient trust may nominate a nominee only if— a: the nominee is lawfully able to hold the RFR land; and b: the trustees give notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle. 5: The notice must specify— a: the full name of the nominee; and b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee. 6: If the trustees of the recipient trust nominate a nominee, those trustees remain liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land 161: Disposal to the Crown or Crown bodies 1: An RFR landowner may dispose of RFR land to— a: the Crown; or b: a Crown body. 2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 161(2) amended 1 August 2020 section 668 Education and Training Act 2020 162: Disposal of existing public works to local authorities 1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2 2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes— a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. 163: Disposal of reserves to administering bodies 1: An RFR landowner may dispose of RFR land in accordance with section 26 26A 2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become— a: the RFR landowner of the land; or b: subject to the obligations of an RFR landowner under this subpart. 3: However, if RFR land vests back in the Crown under section 25 27 a: the RFR landowner of the land; and b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land 164: Disposal in accordance with enactment or rule of law An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law. 165: Disposal in accordance with legal or equitable obligations An RFR landowner may dispose of RFR land in accordance with— a: a legal or an equitable obligation that— i: was unconditional before the RFR date for that land; or ii: was conditional before the RFR date for that land but became unconditional on or after that date; or iii: arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or b: the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land. 166: Disposal under certain legislation An RFR landowner may dispose of RFR land in accordance with— a: section 54(1)(d) b: section 34 43 44 c: section 355(3) 167: Disposal of land held for public works 1: An RFR landowner may dispose of RFR land in accordance with— a: section 40(2) or (4) 41 b: section 52 105(1) 106 114(3) 117(7) 119 c: section 117(3)(a) d: section 117(3)(b) e: section 23(1) or (4) 24(4) 26 2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)(e) 168: Disposal for reserve or conservation purposes An RFR landowner may dispose of RFR land in accordance with— a: section 15 b: section 16A 24E 169: Disposal for charitable purposes An RFR landowner may dispose of RFR land as a gift for charitable purposes. 170: Disposal to tenants The Crown may dispose of RFR land— a: that was held on the RFR date for education purposes to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or b: under section 67 i: before the RFR date; or ii: on or after the RFR date for that land under a right of renewal of a lease granted before that RFR date; or c: under section 93(4) 171: Disposal by Housing New Zealand Corporation 1: Housing New Zealand Corporation or any of its subsidiaries may dispose of RFR land to any person if the Corporation has given notice to the trustees of the 1 or more offer trusts that, in the Corporation's opinion, the disposal is to give effect to, or to assist in giving effect to, the Crown's social objectives in relation to housing or services related to housing. 2: To avoid doubt, in subsection (1), RFR land RFR landowner obligations 172: RFR landowner’s obligations subject to other matters 1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to— a: any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and b: any interest or legal or equitable obligation— i: that prevents or limits an RFR landowner’s disposal of RFR land to the trustees of an offer trust; and ii: that the RFR landowner cannot satisfy by taking reasonable steps; and c: the terms of a mortgage over, or security interest in, RFR land. 2: Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment. Notices about RFR land 173: Notice to LINZ of RFR land with computer register after RFR date 1: If a computer register is first created for RFR land after the RFR date for the relevant land, the RFR landowner must give the chief executive of LINZ notice that the register has been created. 2: If land for which there is a computer register becomes RFR land after the RFR date for the land, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land. 3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land. 4: The notice must include the legal description of the land and the reference for the computer register that contains the land. 174: Notice to trustees of offer trusts of disposal of RFR land to others 1: An RFR landowner must give the trustees of the 1 or more offer trusts notice of the disposal of RFR land by the landowner to a person other than the trustees of an offer trust or their nominee. 2: The notice must be given on or before the date that is 20 working days before the day of the disposal. 3: The notice must include— a: the legal description of the land and any interests affecting it; and b: the reference for any computer register for the land; and c: the street address for the land (if applicable); and d: the name of the person to whom the land is being disposed of; and e: an explanation of how the disposal complies with section 155 f: if the disposal is to be made under section 155(1)(d) 175: Notice to LINZ of land ceasing to be RFR land 1: This section applies if land contained in a computer register is to cease being RFR land because— a: the fee simple estate in the land is to transfer from the RFR landowner to— i: the trustees of a recipient trust or their nominee (for example, under a contract formed under section 160 ii: any other person (including the Crown or a Crown body) under section 155(1)(d) b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body— i: under any of sections 164 to 171 ii: under any matter referred to in section 172(1) c: the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 180 2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land. 3: The notice must include— a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land. 176: Notice requirements Schedule 5 a: an RFR landowner; or b: the trustees of an offer trust or a recipient trust. Right of first refusal recorded on computer registers 177: Right of first refusal recorded on computer registers for RFR land 1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers for,— a: the RFR land for which there is a computer register on the RFR date for the land; and b: the RFR land for which a computer register is first created after the RFR date for the land; and c: land for which there is a computer register that becomes RFR land after the settlement date. 2: The chief executive must issue a certificate as soon as is reasonably practicable after— a: the RFR date for the land, for RFR land for which there is a computer register on that RFR date; or b: receiving a notice under section 173 3: Each certificate must state that it is issued under this section. 4: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register for the RFR land identified in the certificate that the land is— a: RFR land, as defined in section 154 b: subject to this subpart (which restricts disposal, including leasing, of the land). 178: Removal of notifications when land to be transferred or vested 1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 175 a: the legal description of the land; and b: the reference for the computer register for the land; and c: the details of the transfer or vesting of the land; and d: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: If the Registrar-General receives a certificate issued under this section, he or she must, immediately before registering the transfer or vesting described in the certificate, remove from the computer register identified in the certificate any notifications recorded under section 177 179: Removal of notifications when RFR period ends 1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any RFR land, issue to the Registrar-General a certificate that includes— a: the reference for each computer register for RFR land that still has a notification recorded under section 177 b: a statement that the certificate is issued under this section. 2: The chief executive must provide a copy of each certificate to the trustees of the 1 or more offer trusts as soon as is reasonably practicable after issuing the certificate. 3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notification recorded under section 177 General provisions applying to right of first refusal 180: Waiver and variation 1: The trustees of the 1 or more offer trusts may, by notice to an RFR landowner, waive any or all of the rights the trustees have in relation to the landowner under this subpart. 2: The trustees of the 1 or more offer trusts and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart. 3: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it. 181: Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body. 182: Assignment of rights and obligations under this subpart 1: Subsection (3) applies if an RFR holder— a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and b: has given the notices required by subsection (2). 2: An RFR holder must give notices to each RFR landowner— a: stating that the RFR holder's rights and obligations under this subpart are being assigned under this section; and b: specifying the date of the assignment; and c: specifying the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and d: specifying the street address, postal address, and fax number or electronic address for notices to the assignees. 3: This subpart and Schedule 5 4: In this section and Schedule 5 constitutional documents RFR holder a: they are the trustees of 1 or more offer trusts; or b: they have previously been assigned those rights and obligations under this section.

DLM5708801

2015

New Zealand Superannuation and Retirement Income Amendment Act 2015

1: Title This Act is the New Zealand Superannuation and Retirement Income Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act New Zealand Superannuation and Retirement Income Act 2001 principal Act 2015-10-23 New Zealand Superannuation and Retirement Income Act 2001 4: Section 38 amended (Property of Fund) In section 38 2: The Fund is not an entity separate from the Crown. 3: However, subsection (2) 5: New section 49A inserted (Saving of certain transactions) After section 49 49A: Saving of certain transactions 1: A failure by the Guardians to comply with any provision of this Act or the Crown Entities Act 2004 does not affect the validity or enforceability of any deed, agreement, right, or obligation that is entered into, obtained, or incurred by— a: the Guardians; or b: a Fund investment vehicle referred to in section 59A c: a Crown entity subsidiary of the Guardians. 2: This section applies only to the extent that the deed, agreement, right, or obligation is entered into, obtained, or incurred for the purpose of performing the functions of the Guardians. 3: This section applies despite anything to the contrary in this Act or the Crown Entities Act 2004 or any other enactment or rule of law. 1986 No 124 s 21 6: Section 59 amended (No controlling interests) After section 59(4) 5: This section— a: does not apply to a Fund investment vehicle referred to in section 59A b: does apply to an entity in which a Fund investment vehicle has an interest, as if the investments of the Fund that are held, facilitated, or managed by the Fund investment vehicle were held directly by the Guardians as manager and administrator of the Fund. 7: New section 59A inserted (Fund investment vehicles) After section 59 59A: Fund investment vehicles 1: All or any of the investments of the Fund may be held in an entity that is formed or controlled by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund (a Fund investment vehicle 2: A Fund investment vehicle is not a Crown entity subsidiary for the purposes of section 7(1)(c) of the Crown Entities Act 2004. 3: Interests in Fund investment vehicles are Fund investments and part of the Fund. 4: To avoid doubt, the Official Information Act 1982 and the Ombudsmen Act 1975 do not apply to Fund investment vehicles, but the Official Information Act 1982 applies to the Guardians in respect of information held by the Guardians about Fund investment vehicles. 5: Subsection (1) 8: Section 61 amended (Contents of statements of investment policies, standards, and procedures) After section 61(f) fa: the governance framework for the implementation and operation of Fund investment vehicles referred to in section 59A 9: Schedule 3 amended 1: In Schedule 3, after clause 39(b) c: a Fund investment vehicle that is formed or controlled under section 59A 2: In Schedule 3, repeal clause 40

DLM6402924

2015

Land Transport Amendment Act 2015

1: Title This Act is the Land Transport Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Land Transport Act 1998 principal Act 2015-03-26 Land Transport Act 1998 4: Section 74 amended (Procedure for dealing with blood specimens) In section 74(7)(c) part of the 5: Section 79V replaced (Search warrants in relation to offences against section 79T or 79U) Replace section 79V 79V: Search warrants in relation to offences against section 79T or 79U 1: An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant in relation to a place, vehicle, or other thing if, on application made by a constable in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds— a: to suspect that an offence has been, is being, or will be committed against section 79T or 79U; and b: to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing. 2: The provisions of Part 4 of the Search and Surveillance Act 2012 apply. 3: Despite subsection (2) 6: Section 91A amended (Interpretation) In section 91A traffic offence the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Road User Charges Act 1977, 7: Section 140 amended (Contents of infringement and reminder notices) 1: In section 140(2)(c) alleged offence ; and 2: After section 140(2)(c) d: in the case of an alleged infringement offence that is a stationary vehicle offence, include a summary of the provisions of section 133A. 8: Search and Surveillance Act 2012 consequentially amended 1: This section amends the Search and Surveillance Act 2012 2: In the Schedule Land Transport Act 1998 section 119(1) and (2) 79V Constable may obtain and execute a search warrant to search for evidence of offence against section 79T or 79U of Land Transport Act 1998 All (except that sections 118 and 119 apply to constables only) 2015-03-26 Search and Surveillance Act 2012

DLM6150601

2015

Crimes Amendment Act 2015

1: Title This Act is the Crimes Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Crimes Act 1961 principal Act 2015-11-07 Crimes Act 1961 4: Section 2 amended (Interpretation) In section 2(1) crime involving dishonesty crime involving dishonesty a: sections 100 to 105F b: Part 10, except sections 267 to 272, 298A, and 298B: c: the Secret Commissions Act 1910 5: Section 98D replaced (Trafficking in people by means of coercion or deception) Replace section 98D 98D: Trafficking in persons 1: Every person is liable to the penalty stated in subsection (2) a: the entry of a person into, or the exit of a person out of, New Zealand or any other State— i: for the purpose of exploiting or facilitating the exploitation of the person; or ii: knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or b: the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State— i: for the purpose of exploiting or facilitating the exploitation of the person; or ii: knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both. 2: The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both. 3: Proceedings may be brought under this section even if— a: parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception: b: the person exploited, coerced, or deceived— i: did not in fact enter or exit the State concerned; or ii: was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned. 4: For the purposes of this section, exploit a: prostitution or other sexual services: b: slavery, practices similar to slavery, servitude, forced labour, or other forced services: c: the removal of organs. 6: Section 105C amended (Bribery of foreign public official) 1: In section 105C(1) business employee 2: In section 105C(1) routine government action official ; or 3: In section 105C(1) routine government action c: any action that provides— i: an undue material benefit to a person who makes a payment; or ii: an undue material disadvantage to any other person. 4: In section 105C(2) Every one is liable to imprisonment for a term not exceeding 7 years Every person commits an offence 5: After section 105C(2) 2A: A body corporate or corporation sole commits an offence against subsection (2) if— a: an employee of the body corporate or corporation sole does an act that would constitute an offence under subsection (2); and b: the employee does the act, in whole or in part, with the intent to benefit the body corporate or corporation sole; and c: the employee, in doing the act, is acting within the scope of their authority as an employee of the body corporate or corporation sole. 2B: A body corporate or corporation sole does not commit an offence under subsection (2) if it has taken reasonable steps to prevent the offence. 2C: If a body corporate or corporation sole is charged with an offence under subsection (2), it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps. 2D: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 7 years, or a fine, or both. 2E: A fine imposed under subsection (2D) a: $5 million; or b: if a court is satisfied that an offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain. 6: Replace section 105C(4) 4: Subsections (2A), (2B), and (2C) a: apply only in respect of offences under subsection (2) and section 105D; and b: do not preclude the liability of a body corporate or corporation sole under any other provision of this Act. 7: Section 105D amended (Bribery outside New Zealand of foreign public official) Repeal section 105D(4) 8: Section 105E replaced (Exception for acts lawful in country of foreign public official) Replace section 105E 105E: Corruption of foreign public officials 1: Every person specified in subsection (2) 2: Subsection (1) a: any foreign public official who has committed the offence while in New Zealand: b: any person employed as a foreign public official who has committed the offence while outside New Zealand if the person is— i: a New Zealand citizen; or ii: ordinarily resident in New Zealand; or iii: a body corporate incorporated in New Zealand; or iv: a corporation sole incorporated in New Zealand. 3: Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment. 105F: Trading in influence Every person is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person with intent to influence an official in respect of any act or omission by that official in the official's official capacity (whether or not the act or omission is within the scope of the official's authority). 9: Section 106 amended (Restrictions on prosecution) In section 106(1) and 105D 105D, 105E, and 105F 10: Section 228 amended (Dishonestly taking or using document) In section 228 2: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that— a: the document was, dishonestly and without claim of right, taken, obtained, or used; and b: the document was dealt with in the manner specified in paragraph (a) 11: New sections 228A to 228C inserted After section 228 228A: Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty Every person is liable to imprisonment for a term not exceeding 3 years who designs, manufactures, or adapts goods with intent to facilitate the commission of a crime involving dishonesty. 228B: Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses, sells, or disposes of any goods designed, manufactured, or adapted to facilitate the commission of a crime involving dishonesty, with intent to use, or to enable another person to use, the goods to facilitate the commission of a crime involving dishonesty. 228C: Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses any goods capable of being used to facilitate the commission of a crime involving dishonesty (other than those specified in sections 227, 233, and 264) with intent to use the goods to facilitate the commission of that offence. 12: Section 240 amended (Obtaining by deception or causing loss by deception) After section 240(1) 1A: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that, by deception and without claim of right, the document or thing was, or was caused to be, delivered, executed, made, accepted, endorsed, or altered. 13: Section 243 amended (Money laundering) 1: In section 243(1) act offence 2: In section 243(1) proceeds a serious offence an offence 3: In section 243(1) serious offence 4: In section 243(2) and (3) a serious offence an offence 5: In section 243(4) for the purpose of concealing any property or enabling another person to conceal any property, in concealing any property or by enabling any person to conceal any property, 6: After section 243(4) 4A: Despite anything in subsection (4), the prosecution is not required to prove that the defendant had an intent to— a: conceal any property; or b: enable any person to conceal any property. 7: In section 243(5) serious 8: After section 243(6) 7: To avoid doubt, for the purposes of the definition of offence in subsection (1), New Zealand law includes, but is not limited to, the Misuse of Drugs Act 1975. 14: Section 243A replaced (Charges for money laundering) Replace section 243A 243A: Charges for money laundering A person may be charged under section 243(2) or (3) in respect of any property that is the proceeds of an offence to which section 243(2) or (3) applies even though the person who committed the offence— a: has not been charged with that offence; or b: has not been convicted of that offence. 15: Section 244 amended (Defence of enforcement of enactment) In section 244(a) this section, any other provision of this Act, or any other enactment relating to a serious offence section 243 16: Section 245 replaced (Section 243 not to apply to certain acts committed outside New Zealand) Replace section 245 245: Application of section 243 to acts outside New Zealand 1: Section 243 applies to an act that has occurred outside New Zealand and that is alleged to constitute an offence resulting in proceeds only if— a: the act was an offence under the law of the place where and when it occurred; or b: it is an act to which section 7 or 7A of this Act applies; or c: an enactment provides that the act is an offence in New Zealand, and no additional requirement exists for the act to be an offence in the place where and when it occurred. 2: If a person is charged with an offence under section 243 and subsection (1)(a) 17: Section 256 amended (Forgery) After section 256(4) 5: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any false document knowing it to be false and to have been made with the intention that it be used or acted on (in New Zealand or elsewhere) as genuine. 18: Section 258 amended (Altering, concealing, destroying, or reproducing documents with intent to deceive) After section 258(2) 3: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that— a: the document was altered, concealed, or made, in whole or in part, as a reproduction of another document; and b: the document was dealt with in the manner specified in paragraph (a) i: obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or ii: cause loss to any other person.

DLM6403002

2015

Heavy Engineering Research Levy Amendment Act 2015

1: Title This Act is the Heavy Engineering Research Levy Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Heavy Engineering Research Levy Act 1978 principal Act 2015-03-26 Heavy Engineering Research Levy Act 1978 4: Section 5 amended (Minister may prescribe rates of research levy) In section 5(1) the New Zealand Manufacturing Engineer's Federation (Incorporated) The New Zealand Manufacturers and Exporters Association Incorporated 5: Schedule 2 amended In the Schedule 2 $5 $20 6: Schedule 3 amended In the Schedule 3 5 cents 10 cents

DLM6660002

2015

Returning Offenders (Management and Information) Act 2015

1: Title This Act is the Returning Offenders (Management and Information) Act 2015. 2: Commencement This Act comes into force on the day on which it receives the Royal assent. 1: Preliminary provisions 3: Purpose The purpose of this Act is to obtain information from returning offenders and establish release conditions for offenders returning to New Zealand following a prison sentence of more than 1 year in an overseas jurisdiction. 3A: Act’s provisions apply retrospectively 1: A provision of this Act applies to a person after the provision’s commencement even if all or any of the following occurred before the provision’s commencement: a: the person’s conduct overseas that constitutes an imprisonable offence in New Zealand: b: the person’s conviction for an overseas jurisdiction offence for that conduct: c: the person’s having been sentenced to 1 or more terms of imprisonment overseas for the overseas jurisdiction offence: d: the end of the person’s sentence of imprisonment overseas for the overseas jurisdiction offence: e: the person’s release from custody in a prison overseas or, if the person is detained in an immigration or other facility overseas following release from prison overseas, release from that facility overseas: f: the person’s deportation or removal to New Zealand on grounds that are or include their conviction for the overseas jurisdiction offence: g: the person’s return to New Zealand: h: the person’s conviction for the overseas jurisdiction offence being overturned: i: the person’s being pardoned for the overseas jurisdiction offence: j: any other conduct of, or event relating to, the person that the provision requires to have occurred in order for the provision to apply. 2: This section does not affect or limit— a: the validations in clause 8 b: the exception to those validations in clause 9 3: This section overrides any inconsistent other law. 4: In particular, any other law a: section 7 b: section 12 c: G v Commissioner of Police Section 3A inserted 28 February 2023 section 4 Returning Offenders (Management and Information) Amendment Act 2023 3B: Act’s provisions override inconsistent other law 1: This section applies to conduct— a: mentioned in, or otherwise necessary for carrying out, or giving full effect to, a provision of this Act; and b: after the provision’s commencement. 2: Examples of the conduct are— a: making, amending, revoking, or revoking and replacing, a determination or other decision: b: requesting a person to provide identifying particulars and taking them if the person provides them in response to a request, detaining the person (using reasonable force if necessary) if the person refuses, taking the identifying particulars of a person who has been detained for the purpose of taking them, giving a direction related to exercising those powers, or entering, recording, and storing on a Police information recording system the identifying particulars of a person that are provided in response to a request or otherwise taken: c: issuing, amending, revoking, revoking and replacing, or serving a notice (for example, a databank compulsion notice under section 14 d: applying for, issuing, or executing a warrant for entry to any premises to serve a determination notice: e: applying for, imposing, varying, discharging, or revoking a standard release condition or a special condition (which, in this section, includes, without limitation, a condition imposed under section 33(1) sections 26 to 31 section 34 f: suspending under section 28(3) g: administering a standard release condition or a special condition (for example, monitoring compliance with a standard release condition or a special condition, and investigating and prosecuting an offence of breaching a standard release condition or a special condition): h: reviewing under section 22 section 17 i: doing, or omitting to do, any other act or omission mentioned in, or otherwise necessary for carrying out, or giving full effect to, the provision. 3: The conduct must or may be done or omitted in accordance with the provision even if the conduct is, for an overseas jurisdiction offence for which the relevant person has been convicted and punished overseas, 1 or both of the following: a: punishment again: b: a variation and increase of penalty between commission of, and sentencing for, that offence. 4: This section does not affect or limit— a: the validations in clause 8 b: the exception to those validations in clause 9 5: This section overrides any inconsistent other law. 6: In particular, any other law a: section 6(1) and (2) b: sections 25(g) 26(2) c: G v Commissioner of Police Section 3B inserted 28 February 2023 section 4 Returning Offenders (Management and Information) Amendment Act 2023 4: Interpretation 1: In this Act, unless the context otherwise requires,— 1995 Act Criminal Investigations (Bodily Samples) Act 1995 chief executive Commissioner constable section 4 court Customs place section 5(1) detain determination notice section 19 drug or alcohol condition section 15(3)(ba) sections 26(4) 27 34 identifying particulars section 32(5) overseas jurisdiction a: excludes the islands and territories within the Realm of New Zealand; but b: includes the self-governing state of the Cook Islands, the self-governing state of Niue, Tokelau, and the Ross Dependency overturned see sections 23A 34A a: without an order for retrial; or b: with a retrial being ordered but— i: not being proceeded with; or ii: not resulting in a conviction; or iii: being ended by a stay of proceedings pardoned see sections 23A 34A a: has been granted a free pardon for the offence; or b: is, because of the exercise of other applicable legal powers of clemency or mercy, otherwise taken never to have committed the offence Parole Act Parole Act 2002 Police release condition relevant sentence section 17(1)(b) returning offender section 7 returning prisoner section 16 sentence of life imprisonment section 24(3) special condition section 26(1) 27(1) standard release condition section 25 the provision’s commencement this provision’s commencement a: this Act’s commencement; and b: the commencement of any other related provision of this Act inserted, amended, or replaced after this Act’s commencement; and c: the commencement of any legislation inserting, amending, or replacing the provision. 2: In this Act, unless the context otherwise requires, a term that is used but not defined, but that is defined in the Parole Act, has the same meaning as in that Act. Section 4(1) Customs place amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4(1) drug or alcohol condition inserted 15 May 2017 section 4 Returning Offenders (Management and Information) (Drug and Alcohol Testing) Amendment Act 2016 Section 4(1) overturned inserted 30 November 2022 section 114 Statutes Amendment Act 2022 Section 4(1) pardoned inserted 30 November 2022 section 114 Statutes Amendment Act 2022 Section 4(1) the provision’s commencement this provision’s commencement inserted 28 February 2023 section 5 Returning Offenders (Management and Information) Amendment Act 2023 5: Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 6: Act binds the Crown This Act binds the Crown. 2: Returning offenders: management and information 1: Returning offenders 7: Who is returning offender A returning offender a: is a person who has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand and, being liable for deportation or removal as a result of that conviction, has returned to New Zealand; and b: includes a returning prisoner. Taking identifying particulars from returning offenders 8: Purpose of obtaining information for use by Police for any lawful purpose The purpose of sections 9 to 11 2008 No 72 ss 32(1) 33(1) 9: Police may request returning offender to provide identifying particulars The Police may, as soon as is reasonably practicable, request a returning offender to provide identifying particulars and may detain the offender under section 10 10: Police may detain returning offender for purpose of taking identifying particulars 1: A constable may, for the purpose of taking the identifying particulars of a returning offender, detain the offender on, or at any time within 6 months after, the offender’s return to New Zealand. 2: A constable may detain an offender under subsection (1) only for a period that is no longer than is reasonably necessary in the circumstances for a constable to take the identifying particulars of the offender. 3: A constable may use reasonable force, if it is necessary, to detain an offender under subsection (1). 1996 No 27 s 148A(1), (6) 11: Police may take identifying particulars A constable may take the identifying particulars of a returning offender who has been detained under section 10 a: must do so in a manner that is reasonable in the circumstances; and b: may only use reasonable force that may be necessary to secure those identifying particulars. 2008 No 72 s 32(3) 12: Storage, etc, on Police information recording system of identifying particulars 1: The identifying particulars of a returning offender that are provided in response to a request under section 9 section 11 2: However, photographs or visual images of a returning offender, and impressions of that person's fingerprints, palm-prints, or footprints, that are provided in response to a request under section 9 section 11 3: In subsection (2), error 2008 No 72 s 34 13: Offence of failing to comply with constable’s direction 1: A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under section 10 11 a: commits an offence; and b: is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both. 2: A person who, in response to a request under section 9 section 11 a: commits an offence; and b: is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both. 2008 No 72 s 32(4) Obtaining bodily samples from returning offenders 14: Criminal Investigations (Bodily Samples) Act 1995 applies to certain returning offenders 1: For the purpose of obtaining a bodily sample by a databank compulsion notice under Part 3 a: a ground of the offender’s removal or deportation to New Zealand was the offender’s conviction in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and b: that conviction would, if entered in a New Zealand court, be a conviction to which Part 3 section 4 2: For the purpose stated in subsection (1), Parts 3 to 5 a: with all necessary modifications; and b: subject to the express modifications set out in section 15 15: Express modification of Part 3 of 1995 Act Part 3 section 14(1) a: section 39(3)(a) b: in sections 39A(3), 39C(2) 46A(1) section 15 section 26 27 c: section 39C(3)(a) d: section 39C(3)(b) and (4)(b)(ii) e: in sections 41 41B 44 45 47 appropriate court f: sections 41(2)(d) 42(4) g: section 41(2)(e)(i) and (ii)(B) 2: Returning prisoners General 16: Who is returning prisoner A returning prisoner section 17 17: Criteria for determination that person is returning prisoner 1: The Commissioner must determine that a person is a returning prisoner if the Commissioner is satisfied that the person— a: has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and b: has, in respect of that conviction, been sentenced to— i: a term of imprisonment of more than 1 year; or ii: 2 or more terms of imprisonment that are cumulative, the total term of which is more than 1 year; and c: is returning or has returned to New Zealand within 6 months after his or her release from custody during or at the end of the sentence. 2: In subsection (1), release from custody 3: To avoid doubt, a person who is released at the end of a prison sentence and has been in the community for more than 6 months is not a returning prisoner, even though he or she is later detained in an immigration or other facility. Commissioner’s determination that person is returning prisoner 18: Time for Commissioner to determine that person is returning prisoner A determination by the Commissioner that a person is a returning prisoner must not be made later than 6 months after that person’s return to New Zealand. 18A: Notice and right to be heard 1: A determination by the Commissioner that a person is a returning prisoner must be made without providing the person with notice or a right to be heard. 2: This section does not prevent a person providing voluntarily to the Commissioner, in response to a request that the Commissioner may (but need not) make, information— a: about whether the person is a returning prisoner; and b: adding to other information available to the Commissioner about that matter. 3: This section also does not affect a returning prisoner’s right to apply for— a: review under section 22 b: judicial review of the Commissioner’s determination. Section 18A inserted 28 February 2023 section 6 Returning Offenders (Management and Information) Amendment Act 2023 19: Determination notice 1: The Commissioner must serve a written notice on a person ( P 2: The notice must be served,— a: if practicable, on P’s return to New Zealand; or b: if service on P’s return to New Zealand is not practicable, as soon as is reasonably practicable after P’s return to New Zealand; but c: in any event, not later than 6 months after P’s return to New Zealand. 3: The notice must state the information set out in section 20 20: Content of determination notice A determination notice must— a: state that the person named in the notice ( P b: state that P is subject to release conditions under this Act; and c: state the period for which P is subject to release conditions; and d: set out the standard release conditions and any special condition or interim special condition; and e: state that P must report to a probation officer at a probation service centre within 72 hours of service of the notice; and f: provide information about how to contact a probation officer; and g: state that P may be required to provide identifying particulars; and h: explain P’s right under section 22 i: state the grounds on which P may apply for a Commissioner’s review; and j: state the time limit for applying for a Commissioner’s review; and k: state that P’s release conditions are not suspended on account of a Commissioner’s review; and l: state that, on the application of the chief executive, a court may impose 1 or more special conditions on P; and m: record the date on which the notice is served and the identity of the person who serves it. 21: Entry to premises to serve determination notice A court may, on the application of the Commissioner, issue a warrant for entry to any premises where a returning prisoner is reasonably believed to be present if the court is satisfied that a person has refused or refuses to allow the Police to enter those or any other premises in order to prevent or avoid service of a determination notice. 22: Review of Commissioner’s determination 1: A returning prisoner may apply to the Commissioner to review a determination under section 17 a: the returning prisoner does not meet 1 or more of the criteria set out in section 17(1) b: the determination notice incorrectly states the period for which the returning prisoner is subject to release conditions; or c: the determination notice was served more than 6 months after a person’s return to New Zealand. 2: The application must be made at any time 3: The review must be a factual inquiry only and must be completed within 20 working days after receipt of the application. 4: The Commissioner must— a: give the applicant a reasonable opportunity to state his or her case before the Commissioner makes a decision; and b: confirm, modify, or revoke the determination notice; and c: notify the applicant of his or her decision in writing without unreasonable delay. 5: Nothing in this section affects the right of a returning prisoner to apply for judicial review of the Commissioner’s determination under section 17 Section 22(2) amended 28 February 2023 section 7 Returning Offenders (Management and Information) Amendment Act 2023 23: Review does not suspend release conditions An application for a review under section 22 23A: Commissioner must revoke determination if conviction overturned, or person pardoned, for overseas jurisdiction offence 1: The Commissioner must revoke a determination that a person is a returning prisoner if, after considering information provided by or on behalf of the person, the Commissioner is satisfied— a: that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and b: that the determination was made in respect of the conviction; and c: that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence. 2: This section does not limit any other duty or power of the Commissioner or of a court to amend or revoke the determination. 3: After the revocation, the person— a: is no longer a returning prisoner because of the determination; and b: is no longer subject to, and required to comply with, standard release conditions because of service on the person of a determination notice related to the determination; and c: is no longer required to comply with any special conditions, or interim special conditions, imposed on the person by the District Court because of the determination. 4: Subsection (3) overrides sections 24 to 30 Section 23A inserted 30 November 2022 section 115 Statutes Amendment Act 2022 Consequences of determination as returning prisoner 24: Returning prisoner subject to standard release conditions 1: A returning prisoner is subject to standard release conditions from the time of service on that person of a determination notice. 2: The period for which a returning prisoner is subject to standard release conditions is,— a: if the relevant sentence is imprisonment for a term that is more than 1 year but not more than 2 years, 6 months: b: if the relevant sentence is imprisonment for a term that is more than 2 years but not more than 5 years, 1 year: c: if the relevant sentence is imprisonment for a term that is more than 5 years but is not a sentence of life imprisonment, 2 years: d: if the relevant sentence is a sentence of life imprisonment, 5 years. 3: In subsection (2), sentence of life imprisonment a: means an indeterminate sentence under which a person is liable to imprisonment for the rest of his or her life following conviction for an offence; and b: includes a sentence that is, or corresponds to, a sentence of preventive detention. 25: Returning prisoner must comply with standard release conditions A returning prisoner must comply with the following conditions (the standard release conditions a: the returning prisoner must report to a probation officer at the probation service centre stated in the determination notice as soon as practicable, and not later than 72 hours after service of the determination notice: b: with all necessary modifications, the standard release conditions set out in section 14(1)(b) to (i) 2002 No 10 s 14(1) 26: Returning prisoner must comply with special conditions imposed by court 1: A court may, on the application of the chief executive, impose 1 or more special conditions on a returning prisoner and the returning prisoner must comply with those conditions during the period for which those conditions are imposed. 2: A court must not impose a special condition for a longer period than the period for which the standard release conditions apply to the returning prisoner. 3: A court must not impose a special condition unless it is designed to— a: reduce the risk of reoffending by the returning prisoner; or b: facilitate or promote the rehabilitation and reintegration of the returning prisoner; or c: provide for the reasonable concerns of victims of the returning prisoner. 4: The kinds of special conditions that the court may impose include, without limitation and with all necessary modifications, the conditions set out in section 15(3)(a) to (f) 5: If a court imposes a special condition that is— a: an electronic monitoring condition, section 15A b: a residential restriction, sections 33 to 36 c: a drug or alcohol condition, sections 16A to 16E 71A 72A 74A to 74C 6: A court must not impose a special condition requiring the returning prisoner to take prescription medicine unless the returning prisoner— a: has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and b: consents to taking the prescription medication. 7: A returning prisoner does not breach his or her conditions for the purposes of section 31(1) 2002 No 10 s 15(1)–(3), (4), (5) Section 26(5)(c) inserted 15 May 2017 section 5 Returning Offenders (Management and Information) (Drug and Alcohol Testing) Amendment Act 2016 27: Interim special conditions 1: A court may, on the application of the chief executive, impose 1 or more interim special conditions if the court is satisfied that, subject to section 26(3) 2: The chief executive may certify that the returning prisoner has a conviction for an offence in respect of conduct that would be a relevant sexual or violent offence for the purpose of Part 1A section 26(3) 3: For the purposes of subsections (1) and (2), and to avoid doubt, a court may impose interim special conditions on the information that is then available to the court, even though that information is incomplete or additional information is still being sought. 4: The application may be made, and the conditions may be imposed, before or after the returning prisoner returns to New Zealand. 5: The application may be made without notice and a court must not require that notice be given. 6: Interim special conditions imposed under this section expire after 30 working days after the returning prisoner returns to New Zealand, but a court may extend the expiry of the conditions by a reasonable period to allow an application under section 26(1) 28: Court may vary or discharge release conditions 1: A court may vary or discharge— a: a special condition, on the application of a returning prisoner or a probation officer: b: a standard release condition, on the application of a probation officer. 2: A court must not discharge a standard release condition with effect from a date that is less than 6 months after the date of service of the determination notice. 3: When a probation officer applies for the variation or discharge of a release condition, the probation officer may suspend the condition until the application is determined. 2002 No 10 s 56 29: Effect of subsequent sentence of imprisonment 1: This section applies when a returning prisoner is— a: subject to release conditions imposed under this Act; and b: sentenced to a term of imprisonment in New Zealand beginning before the end of the period for which he or she is subject to release conditions under this Act (the subsequent sentence 2: The release conditions imposed under this Act— a: do not have effect for the period of imprisonment under the subsequent sentence; and b: do not have effect to the extent that release conditions imposed in relation to the subsequent sentence apply; but c: continue to run for purposes of the relevant period in section 24(2) 30: When release conditions end Release conditions end when— a: the period for which the returning prisoner is subject to release conditions expires; or b: the release conditions are discharged; or c: a public protection order is imposed on the returning prisoner under the Public Safety (Public Protection Orders) Act 2014 d: an extended supervision order is imposed on the returning prisoner under Part 1A 31: Offence to breach release conditions 1: A returning prisoner who is subject to a release condition under this Act and who, without reasonable excuse, breaches that condition commits an offence. 2: A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000. 2002 No 10 s 71 3: Returning offender who returns to New Zealand more than 6 months after release from custody 32: Who subpart applies to 1: This subpart applies to a returning offender who— a: meets the criteria set out in section 17(1) b: was, immediately before his or her return to New Zealand from the relevant overseas jurisdiction, subject to— i: monitoring, supervision, or other conditions for the relevant sentence; or ii: conditions imposed under an order in the nature of an extended supervision order or public protection order. 2: In subsection (1)(b), immediately before his or her return to New Zealand 33: Court may impose conditions on returning offender 1: On the application of the chief executive, a court may impose any conditions on a returning offender to whom this subpart applies and must, if it does so, specify when the conditions end. 2: The court may impose conditions if it is satisfied that the conditions are— a: necessary to facilitate the rehabilitation and reintegration of the returning offender; or b: necessary to reduce the risk of reoffending by the returning offender; or c: necessary for both purposes in paragraphs (a) and (b). 3: The conditions must not be imposed more than 6 months after the returning offender’s return to New Zealand. 34: Sections 26 to 31 apply to returning offender to whom this subpart applies In relation to a returning offender to whom this subpart applies, sections 26 to 31 a: the returning offender were a returning prisoner; and b: the reference in those provisions to a release condition or a special condition were a reference to a condition imposed under section 33(1) 34A: Application to court to revoke conditions imposed if conviction overturned, or person pardoned, for overseas jurisdiction offence 1: The chief executive must make an application to a court to revoke conditions imposed under this subpart on a person if, after considering information provided by or on behalf of the person, the chief executive is satisfied— a: that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and b: that the conditions were imposed under this subpart by a court in respect of the conviction; and c: that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence. 2: A court must revoke the conditions if, on an application made under this section by the chief executive, the court is satisfied of the matters specified in subsection (1)(a), (b), and (c). 3: This section does not limit any other power of a court to amend or revoke the conditions. 4: After the revocation, the person is no longer required to comply with any conditions imposed on the person by a court under section 33(1) 5: Subsection (4) overrides sections 26 to 34 Section 34A inserted 30 November 2022 section 116 Statutes Amendment Act 2022 4: Amendments to other Acts and review Subpart 4 repealed 28 February 2023 section 8 Returning Offenders (Management and Information) Amendment Act 2023 35: Parole Act 2002 amended 2015-11-18 Parole Act 2002 Section 35 repealed 28 February 2023 section 8 Returning Offenders (Management and Information) Amendment Act 2023 36: Public Safety (Public Protection Orders) Act 2014 amended 2015-11-18 Public Safety (Public Protection Orders) Act 2014 Section 36 repealed 28 February 2023 section 8 Returning Offenders (Management and Information) Amendment Act 2023 37: Review by select committee Section 37 repealed 28 February 2023 section 8 Returning Offenders (Management and Information) Amendment Act 2023

DLM6565302

2015

Employment Relations Amendment Act 2015

1: Title This Act is the Employment Relations Amendment Act 2015. 2: Commencement 1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates and appointing different dates for different purposes. 2: Any provision that has not earlier been brought into force comes into force on 1 January 2018. Section 2(1) brought into force 4 April 2016 Employment Relations Amendment Act 2015 Commencement Order 2016 3: Principal Act This Act Employment Relations Act 2000 principal Act OIC LI 2016/11 2016-04-04 Employment Relations Act 2000 4: Section 67B amended (Effect of trial provision under section 67A) In section 67B(3) section 103(1)(b) to (g) section 103(1)(b) to (h) 5: Section 103 amended (Personal grievance) After section 103(1)(i) j that the employee’s employer has, in relation to the employee,— i: engaged in adverse conduct for a prohibited health and safety reason; or ii: contravened section 92 Health and Safety at Work Act 2015 Section 5 amended 1 April 2016 section 39 Employment Relations Amendment Act 2016 6: Section 104 amended (Discrimination) In section 104(1) or by reason directly or indirectly of that employee's refusal to do work under section 28A of the Health and Safety in Employment Act 1992, 7: Section 107 amended (Definition of involvement in activities of union for purposes of section 104) Repeal section 107(2) 8: New section 110A inserted (Adverse conduct for prohibited health and safety reason) After section 110 110A: Adverse conduct for prohibited health and safety reason 1: For the purposes of this Part, an employer engages in adverse conduct for a prohibited health and safety reason a: dismisses an employee; or b: refuses or omits to offer or afford to the employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or c: subjects the employee to any detriment in circumstances in which other employees employed by the employer in work of that description are not or would not be subjected to such detriment; or d: retires the employee, or requires or causes the employee to retire or resign. 2: For the purposes of subsection (1) section 89 Health and Safety at Work Act 2015 3: An employer may be found to have engaged in adverse conduct for a prohibited health and safety reason only if the prohibited health and safety reason was a substantial reason for the conduct. 4: For the purposes of subsection (3) 5: It is a defence to an action for a personal grievance under section 103(1)(h)(i) a: the conduct was reasonable in the circumstances; and b: a substantial reason for the conduct was to comply with the requirements of the Health and Safety at Work Act 2015 section 16 6: For the purposes of this section,— a: an employer also engages in adverse conduct if the employer or a representative of the employer, in relation to the employee,— i: organises to take any action referred to in subsection (1) ii: requests, instructs, induces, encourages, authorises, or assists another person to engage in adverse conduct for a prohibited health and safety reason: b: detriment 9: Section 111 amended (Definitions relating to personal grievances) In section 111 and duress duress adverse conduct for prohibited health and safety reason 110A 10: Section 137 amended (Power of Authority to order compliance) Repeal section 137(1)(a)(xi) and (4)(b) 11: Section 138 amended (Further provisions relating to compliance order by Authority) Repeal section 138(1)(b)(ii) 12: Schedule 1A amended In paragraph (f), replace place of work (within the meaning of the Health and Safety in Employment Act 1992) workplace

DLM6624601

2015

Social Security (Commencement of Benefits) Amendment Act 2015

1: Title This Act is the Social Security (Commencement of Benefits) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Social Security Act 1964 principal Act 2015-11-24 Social Security Act 1964 4: Section 80BA amended (Calculation of stand down) 1: In section 80BA(4)(a)(i) 2: In section 80BA(4)(b) 5: Retrospective effect of amendments to section 80BA 1: The principal Act must be read as if the amendments to section 80BA(4)(a)(i) and (b) section 4 2: However, subsection (1) does not apply in the case of any decision or determination made before the commencement of this Act— a: that affects the appellant in Social Security Appeal No. SSA 001/14 and SSA 002/14 ([2014] NZSSAA 39); or b: that affects the appellant in Social Security Appeal No. SSA 115/14 and SSA 134/14 ([2014] NZSSAA 106); or c: that is a decision to commence a benefit on the day on which the stand down period ends; or d: that relates to the commencement of a benefit on or after 20 May 2014 and is the subject of an application for a review under section 10A i: beginning with the commencement of this Act; and ii: ending on the close of 8 January 2016; or e: that relates to the commencement of a benefit at any time on or after 3 June 1998 and is the subject of an application for a review under section 10A 6: Application for review not out of time Any application for a review referred to in section 5(2)(d) or (e) section 10A(1B)

DLM6474002

2015

Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015

1: Title This Act is the Accident Compensation (Financial Responsibility and Transparency) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Accident Compensation Act 2001 principal Act 2015-09-24 Accident Compensation Act 2001 1: Amendments relating to principles of financial responsibility and funding policy statement 4: Section 6 amended (Interpretation) In section 6 fully funded 5: New sections 166A to 166C inserted After section 166 166A: Principles of financial responsibility in relation to Accounts 1: The cost of all claims under the levied Accounts are to be fully funded by meeting the outstanding claims liability in respect of the claims by offsetting an adequate level of assets to fund the cost of those claims. 2: When making recommendations in respect of regulations made under section 329 setting levies, the Minister must have regard to the following principles: a: the levies derived for each Account should meet the lifetime cost of claims in relation to injuries that occur in a particular year: b: if an Account has a deficit of funds to meet the costs described in subsection (1), or has accumulated surplus funds, that deficit or surplus should be corrected by the setting of levies at an appropriate rate for a subsequent year or years: c: large changes in levies should be avoided. 166B: Funding policy statement 1: Within 12 months after the commencement of this section, the Minister must issue a funding policy statement. 2: The funding policy statement must specify— a: a target level or band for the funding of each Account; and b: an approach to managing deviations from the target level or band for the funding of each Account over a period of time; and c: limits (if any) on any annual levy changes for all or any of the Accounts; and d: the circumstances (if any) in which levy changes are not required. 3: The funding policy statement must be consistent with, and explain how it is consistent with, the financial responsibility principles in section 166A 4: The funding policy statement may prescribe specific actions for the Corporation to take to the extent that any such action is consistent with the Corporation’s functions under section 262. 5: Sections 113 and 114 of the Crown Entities Act 2004 do not apply in respect of a funding policy statement. 166C: Consultation, publication, and amendment of funding policy statement 1: Section 115(1) to (3A) of the Crown Entities Act 2004 applies to the making of a funding policy statement as if it were a ministerial direction. 2: The Minister must consult such persons or organisations as the Minister considers appropriate before issuing the funding policy statement. 6: Section 331 amended (Consultation requirements for regulations relating to levy setting) 1: In the heading to section 331 Consultation and other 2: Repeal section 331(2)(a)(iv) 3: Replace section 331(3) 3: The Corporation must, when recommending to the Minister the making of regulations under this Act prescribing the rates of levies, give effect to— a: the funding policy statement issued under section 166B b: any relevant policy direction given under section 103 of the Crown Entities Act 2004. 4: After section 331(5) 5A: The Corporation must prepare a report in relation to the rates of levies prescribed. 5B: The report required by subsection (5A) must— a: include, without limitation,— i: the long-term projections for the relevant Account of solvency rates, levy rates, Account balances, and the lifetime costs of claims in relation to injuries that occur in the year for which the levies apply; and ii: the key assumptions on which the projections are based, including the assumptions made about claims numbers, trends in underlying costs, growth of the units to which levy rates apply (for example, numbers of vehicles), investment returns, and assumptions about economic conditions and rehabilitation performance; and b: be prepared in accordance with generally accepted practice within the insurance sector in New Zealand; and c: be published at the time the regulations prescribing the rates of levies are made in the Gazette 2: Amendments relating to residual levies Amendments to enable residual amount to be adjusted 7: Section 169AA amended (Basis on which funds to be calculated) Repeal section 169AA(3) 8: Section 215 amended (Basis on which funds to be calculated) Repeal section 215(4) 9: Section 220A amended (Basis on which funds to be calculated) Repeal section 220A(3) 10: New sections 336A to 336C and cross-heading inserted After section 336 Repeal of and amendments to provisions relating to residual levies 336A: Repeal of and amendments to provisions relating to residual levies for Work Account 1: In this section, effective date a: 1 April 2019; and b: a date appointed by the Minister by notice. 2: On the effective date,— a: in section 167(4)(b), delete and the purpose specified in section 169AA(1)(a) b: repeal section 169AA: c: repeal section 169(4): d: repeal section 329(1)(m)(i). 3: On the effective date, replace section 170(1) with: 1: For the purpose of setting levies payable under sections 168, 168B, and 211, the Corporation must classify an employer and a self-employed person in an industry or risk class that most accurately describes their activity, being an industry or risk class set out in regulations made under this Act. 4: A notice under subsection (1) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. 336B: Repeal of and amendments to provisions relating to residual levies for Motor Vehicle Account 1: In this section, effective date a: 1 July 2019; and b: a date appointed by the Minister by notice. 2: On the effective date,— a: in section 213(7)(b), delete and the purpose specified in section 215(1)(a) b: repeal section 215: c: repeal section 329(1)(m)(ii). 3: A notice under subsection (1) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. 336C: Repeal of and amendments to provisions relating to residual levies for Earners’ Account 1: In this section, effective date a: 1 April 2019; and b: a date appointed by the Minister by notice. 2: On the effective date,— a: in section 218(5)(b), delete and the purpose specified in section 220A(1)(a) b: repeal section 220A: c: repeal section 329(1)(m)(iii). 3: A notice under subsection (1) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

DLM5989005

2015

Education Amendment Act 2015

1: Title This Act is the Education Amendment Act 2015. 2: Commencement 1: Sections 6 24 to 29 39(2) 40 41(2) 41(3) 42 to 50 a: a date appointed by the Governor-General by Order in Council: b: 1 September 2016. 2: One or more Orders in Council may be made under subsection (1) appointing different dates for different provisions. 3: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent. Section 2(1)(a) brought into force 1 July 2015 clause 2 Education Amendment Act 2015 Commencement Order 2015 Section 2(1)(a) brought into force 1 July 2016 clause 2 Education Amendment Act 2015 Commencement Order 2016 3: Principal Act This Act amends the Education Act 1989 principal Act OIC LI 2015/105 2015-07-01 Education Act 1989 Applies to sections 6, 39(2), 40, 41(2), 41(3), and 42 to 50. See section 2(1) OIC LI 2016/43 2016-07-01 Education Act 1989 Applies to sections 24 to 29. See section 2(1) 2015-02-13 Education Act 1989 Balance of Act. See section 2(3). 1: Amendments to principal Act 4: Section 87 amended (Annual reports) After section 87(3) 3AA: The annual financial statements in the annual report must be in the form (if any) determined by the Secretary after consultation with the Auditor-General. 5: Section 158D amended (Partnership school contracts) In section 158D(3)(d) registered teachers or holders of people holding a practising certificate or 6: Parts 10 and 10A repealed Repeal Parts 10 10A Governance of tertiary institutions 7: Sections 171 and 173 replaced Replace sections 171 173 170A: Constitution to provide for membership of council 1: The constitution of a council must provide that it has 8, 9, 10, 11, or 12 members. 2: Subsection (1) does not apply to the constitution of the council of a designated polytechnic. 171: Membership of council 1: The council of an institution must have a total of 8, 9, 10, 11, or 12 members, as provided in its constitution, comprising— a: the following number of members appointed by the Minister by written notice to the council: i: 4 members (in the case of a council comprising 10, 11, or 12 members): ii: 3 members (in the case of a council comprising 8 or 9 members); and b: enough members appointed by the council by resolution, in accordance with its statutes, to bring the membership up to that total number. 2: Subsection (1) does not apply to the membership of the council of a designated polytechnic (for which sections 222AA and 222AM provide). 171A: Certain people disqualified from appointment 1: A person cannot be appointed as a member of the council of an institution if he or she— a: has at any time after the commencement of section 7 of the Education Amendment Act 2015 b: is subject to a property order under the Protection of Personal and Property Rights Act 1988; or c: is a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on— i: his or her competence to manage his or her own affairs in relation to his or her property; or ii: his or her capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or d: is a bankrupt— i: who has not obtained his or her order of discharge; or ii: whose order of discharge has been suspended for a term not yet expired or is subject to conditions not yet fulfilled. 2: Subsection (1) does not apply to the membership of the council of a designated polytechnic (for which section 222AA provides). 171B: Matters to be considered when appointing members 1: It is desirable that the council of an institution should, so far as is reasonably practicable, reflect— a: the ethnic and socio-economic diversity of the communities served by the institution; and b: the fact that approximately half the population of New Zealand is male and half the population is female. 2: When appointing members of a council, the Minister or council must have regard to subsection (1), but— a: must ensure that at least 1 member of the council is Māori; and b: must appoint people who (in the Minister's or council's opinion)— i: have relevant knowledge, skills, or experience; and ii: are likely to be able to fulfil their individual duties to the council; and iii: together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions. 3: Subsections (1) and (2) do not apply to the membership of the council of a designated polytechnic (for which section 222AD provides). 171C: Statutes relating to appointment of members by councils of institutions 1: The council of an institution may make statutes relating to the appointment of members under section 171(1)(b) 2: In respect of any of the appointments the council has power to make, the statutes— a: may provide for direct appointment by the council of a member chosen by the council; or b: may require the council to appoint a member— i: of a stated description; or ii: holding a stated office; or iii: nominated by a stated institution or institutions, or an institution or institutions of a stated description; or iv: elected by people of a stated description. 3: To the extent that the statutes require the council to appoint any member elected by people of a stated description, they must also provide for the processes by which elections must be held and their results must be determined. 4: To the extent that the statutes require the council to appoint any member nominated by a stated institution or institutions, or an institution or institutions of a stated description, they must also provide for the process by which nominations may be called for and must be considered. 5: In the case of an appointment pursuant to a statute providing for any of the matters stated in subsection (2)(b), it is a sufficient compliance with section 171B(2)(b) a: had regard to section 171B(1) b: was satisfied that compliance with the statute would be likely to result in the appointment of a person who— i: has relevant knowledge, skills, or experience; and ii: is likely to be able to fulfil his or her individual duties to the council; and iii: together with the other members of the council, is capable of undertaking its responsibilities, duties, and functions. 6: Subsections (2) to (4) do not limit the generality of section 194. 171D: Limitations on number of occasions on which people may be appointed as members of councils 1: The constitution of the council of an institution must contain a provision limiting the number of occasions on which a person may be appointed as a member of the council. 2: A person cannot be appointed as a member of the council of an institution if he or she has previously been appointed as a member of the council on the number of occasions, or more than the number of occasions, stated in the provision described in subsection (1). 3: For the purposes of subsection (2), appointed a: appointed, elected, or co-opted, (otherwise than to fill a casual vacancy) before the commencement of section 7 of the Education Amendment Act 2015 b: appointed on or after that commencement. 4: Except as provided in subsection (2), a person is not ineligible for appointment as a member of the council of an institution just because he or she has previously been a member of the council. 5: Subsections (1) to (3) do not apply to the council of a designated polytechnic (for which section 222AF provides). 171E: Membership of more than 1 council A person who is a member of the council of an institution may be appointed as a member of the council of another institution (whether or not they are institutions of the same kind). 171F: Certain acts and proceedings not invalidated by defects 1: No act or proceeding of a council of an institution, or of any committee of a council of an institution, is invalidated by— a: a defect in the appointment of a member of the council or committee; or b: a defect in the nomination of a member of the council or committee for appointment as a member of the council; or c: a defect in the election of a member of the council or committee for appointment as a member of the council; or d: a disqualification of a member of the council or committee; or e: a vacancy or vacancies in the membership of the council or committee; or f: a defect in the convening of any meeting. 2: Subsection (1) does not apply to the council of a designated polytechnic (for which section 222AA provides). 173: Term of office 1: When appointing a member of the council of an institution, the Minister or council— a: may appoint the member for any period of not more than 4 years; and b: must state in the notice or resolution appointing him or her— i: the day on which his or her appointment takes effect; and ii: the term for which he or she is appointed. 2: If the term of office of a member of a council expires before a successor is appointed, he or she continues in office until his or her successor's appointment takes effect. 8: Section 174 amended (Vacation of office) 1: Replace section 174(1A) 1A: Subsection (1) does not apply to the chief executive of an institution who has been appointed by its council pursuant to a statute requiring it to appoint the chief executive as a member of the council. 2: Repeal section 174(2) and (2A) 3: In subsection (3), before paragraph (a), insert: aa: has, after the commencement of section 7 of the Education Amendment Act 2015 9: Section 176 replaced (Casual vacancies) Replace section 176 176: Casual vacancies 1: If the office of a member of the council of an institution becomes vacant before the end of the member's term of office,— a: another person must be appointed to the office by the procedure by which the member became a member; but b: if the procedure is no longer available (or no longer applicable to the vacant position), the council must consider whether it is necessary to appoint another person under its constitution and, if so,— i: determine the appropriate procedure for appointment of another person; and ii: appoint another person using it. 2: If the office becomes vacant within 3 months before the end of the member's term of office, the Minister or council (as the case may be) may decide that the vacancy does not need to be filled under this section. 3: Sections 173 and 174 10: New sections 176A to 176E inserted After section 176 176A: Individual duties of members of councils 1: A member of the council of an institution, when acting as a member of the council in any circumstances,— a: must— i: act with honesty and integrity; and ii: act in the interests of the institution as a whole; and iii: act in a manner that promotes the performance of the functions characteristic of an institution of the kind to which he or she belongs, and the duties of the council; and iv: act in good faith, and not pursue his or her own interests at the expense of the council's interests; and b: must exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account— i: the nature of the institution; and ii: the nature of the action; and iii: the position of the member as a member of the council of an institution, and the nature of the responsibilities undertaken by him or her; and c: must not disclose any information to which subsection (3) applies to any person, or make use of, or act on, that information, except— i: in the performance of the council's functions; or ii: as required or permitted by law; or iii: if he or she has earlier been authorised to do so by the council; or iv: if disclosing, making use of, or acting on it will not, or will be unlikely to, prejudice the council or the institution; or v: in complying with requirements for members to disclose interests. 2: The fact that a member of the council of an institution was appointed by the council in accordance with a statute providing for the appointment of a member (or 2 or more members) to represent the interests of a stated institution or of people or institutions of a stated description does not displace or limit the member's duty under subsection (1)(a)(ii) to act in the interests of the institution as a whole. 3: This subsection applies to information that— a: a member of the council of an institution has in his or her capacity as a member of the council; and b: would not otherwise be available to him or her. 4: Subparagraphs (i) to (iii) of paragraph (b) of subsection (1) do not limit the generality of that paragraph. 176B: Accountability for individual duties 1: The duties of a member of the council of an institution ( council member section 176A individual duties 2: A council member who does not comply with his or her individual duties may be removed from office under section 176C or 222AJ 3: The council of an institution may bring an action against a council member for breach of any individual duty. 4: Except as provided in subsections (2) and (3), a council member is not liable for a breach of an individual duty. 5: This section does not affect any other ground for removing a council member from office. 6: Subsection (4) does not affect anything for which a council member may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach concerned. 7: Subsection (4) does not affect anything for which a council member who is the chief executive of the institution concerned may, as chief executive, be liable under this Act or any other Act or rule of law, arising from the act or omission that constitutes the breach concerned. 176C: Removal of members 1: If the council of an institution believes that the actions of a member may justify his or her removal from office, it must give the Minister a written report stating— a: its reasons for believing that the actions may justify his or her removal; and b: the information or grounds in support of those reasons; and c: its recommendation as to whether the member should be removed from office. 2: After considering the report, the Minister may, if satisfied that there is just cause to do so, remove the member from office. 3: The removal must be made by written notice to the member (with a copy to the council). 4: The notice must state— a: the day on which the removal takes effect, which must not be earlier than the day on which the notice is received; and b: the reasons for the removal. 5: The Minister must notify the removal in the Gazette 6: This section does not limit or affect section 174. 7: For the purposes of subsection (2), just cause 8: Subsections (1) to (7) do not apply to the removal from office of a member of the council of a designated polytechnic (for which section 222AJ provides). 176D: Process for removal The Minister may remove a member of the council of an institution under section 176C a: the principles of natural justice; and b: a proper consideration of the matter; and c: the requirements of that section. 176E: Application of Local Authorities (Members' Interests) Act 1968 1: A council of an institution is not a local authority for the purposes of the Local Authorities (Members' Interests) Act 1968. 2: Subsection (1) is for the avoidance of doubt. 11: Section 177 amended (Chairperson and deputy chairperson) 1: Replace section 177(3) to (5) 2A: The election of a member to fill the vacant office of chairperson or deputy chairperson of the council must be for a stated period (not exceeding the term of the member's current term as a member of the council). 3: A member of the council who is the chief executive of the institution, a member of the staff of the institution, or a student enrolled at the institution is not eligible for election as the chairperson or deputy chairperson of the council. 4: The chairperson or deputy chairperson of a council— a: holds office for the period for which he or she is elected; but b: is eligible for re-election. 5: If the term of office of the chairperson or deputy chairperson of a council expires before a successor is elected, he or she continues in office until a successor is elected. 5A: Subsection (5) overrides subsection (4). 2: After section 177(6) 6A: Subsection (6) overrides subsections (4) and (5). 12: Section 178 amended (Meetings of councils) In section 178(3) 5 3 13: Section 194 amended (Statutes) 1: Repeal section 194(1)(c) and (d) 2: Insert in section 194(1) ia: any of the matters stated in section 171C 14: Sections 222AB, 222AC, 222AE, 222AH, and 222AI repealed Repeal sections 222AB 222AC 222AE 222AH 222AI Private training establishments 15: Section 233 amended (Grant or refusal of application) 1: In section 233(1) establishment, and may grant the application, only if it is satisfied that establishment if it is satisfied that 2: In section 233(4) withdraw cancel 3: In section 233(5)(a) and (b) withdraws cancels 16: Section 233D amended (Cancellation of registration) 1: After section 233D(1)(b) ba: if it is satisfied on reasonable grounds that the establishment has failed or refused to comply with any relevant duties or obligations under this Act, including, but not limited to, the obligations relating to student fee protection; or 2: In section 233D(4) registration under this section 17: Section 233E replaced (Effect of cancellation) Replace section 233E 233E: Effect of cancellation 1: Cancellation of registration under section 233D or 255(7)(a) takes effect on the date specified by the Authority in the notice given under section 233D(4) (the date of cancellation 2: If the registration of a registered private training establishment is cancelled under section 233D or 255(7)(a), from the date of cancellation,— a: all approved programmes or training schemes granted to the establishment are withdrawn; and b: all accreditations granted to the establishment are withdrawn; and c: all consents to assess against standards granted to the establishment are withdrawn. 3: No notice is required to be given to a registered private training establishment for a withdrawal under subsection (2). 18: Section 234 amended (Lapse of registration) 1: After section 234(2) 2A: Despite anything in subsections (1) and (2), the registration of a registered private training establishment lapses on the date that the establishment ceases to be a body corporate. 2: In section 234(4) an accreditation a registration 3: After section 234(4) 5: If the registration of a registered private training establishment lapses under subsection (1) or (2A), any accreditation, approval, or consent associated with the registration is withdrawn on the date that the registration lapses. 6: No notice is required to be given to a registered private training establishment for a withdrawal under subsection (5). 19: Section 234C amended (Interpretation) In section 234C(1) refund period refund period a: in relation to a domestic student who, on or after 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a training scheme, the period of time that begins when the student’s fees are paid to the private training establishment (or paid directly to the independent trustee) and ends on the later of 7 days after— i: the first day of the programme or scheme for which the attendance of the student at the establishment is required; or ii: any other day that the establishment permits the student to begin attendance: b: in relation to a domestic student who, before 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a training scheme, the 7 days after the first day of the programme or scheme for which the attendance of the student at the establishment is required 20: Section 234E amended (Student fees must be deposited with independent trustee) After section 234E(4) 5: The requirements specified in subsection (1) do not apply— a: in respect of any programme or training scheme that is exempt from those requirements by rules made under section 253(1)(pb) b: in the case of a student or group of students for whom the private training establishment has deposited, with an independent trustee approved by the Authority, an amount of money that is sufficient to make the necessary refunds to that student or those students under section 235 or 235A. 21: Section 235A amended (Refund entitlements of international students) Replace section 235A(4) 4: In this section, refund period 22: Section 235B amended (Refund requirements set by Gazette Replace section 235B(1)(a) a: either— i: the end of the period within which an international student may withdraw from a programme or training scheme of 3 months' duration or more and be entitled to a refund under that section; or ii: a means by which the end of that period may be calculated or ascertained; and 23: Section 236A amended (Duties of private training establishments to maintain student records) Replace section 236A(1)(a) a: keep accurate enrolment and academic records for each student enrolled in— i: a programme or training scheme provided by the establishment; or ii: standards-based study or training provided by the establishment through a consent to assess against standards granted under section 252; and International students 24: Section 238D replaced (Interpretation) Replace section 238D 238D: Interpretation In this Part, unless the context otherwise requires,— code code administrator section 238FA(1) DRS section 238J DRS operator section 238J(4)(a) DRS rules section 238M international student a: has the meaning given by section 2(1); and b: in relation to a provider, means an international student enrolled by the provider provider a: a registered school; or b: an institution within the meaning of section 159; or c: a registered private training establishment registered under section 233; or d: an organisation that provides adult and community education that receives funding under section 159YA or 159ZC signatory provider student claimant a: is an international student enrolled by the provider; or b: is a former international student enrolled by the provider; or c: intends to be, or is in the process of being, enrolled by the provider as an international student. 25: Section 238E amended (Signatories to code may enrol persons as international students) Replace section 238E(3) 3: A provider that is subject to a sanction under section 238G(1) 26: Section 238F amended (Code) 1: After section 238F(1) 1A: The purpose of the code is to support the Government's objectives for international education by— a: requiring providers to take all reasonable steps to protect international students; and b: ensuring, so far as is possible, that international students have in New Zealand a positive experience that supports their educational achievement. 1B: The scope of the code is to prescribe, alongside other quality assurance prescribed by this Act,— a: outcomes sought from providers for their international students; and b: key processes required of providers to support the well-being, achievement, and rights of international students. 2: In section 238F(2) subsection (1) subsections (1) to (1B) 3: Repeal section 238F(2)(a) to (f) 4: Replace section 238F(5) 5: The code is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. 27: Section 238G replaced (Sanctions) Replace section 238G 238FA: Appointment of code administrator 1: The Minister may, by notice in the Gazette 2: The functions of the code administrator are— a: to receive applications from providers seeking to become signatories to the code; and b: to assess those applications against— i: the criteria stated in the code; and ii: the purpose stated in section 238F(1A) section 238F(1B) c: to allow or decline to allow applicants to become signatories to the code in accordance with its assessments; and d: to monitor and investigate the extent to which signatory providers comply with the code— i: following a process prescribed by the code; and ii: in close collaboration with education quality assurance authorities; and e: to issue to signatory providers notices under section 238FB f: to impose on signatory providers sanctions for breaches of the code and failure to comply with notices under section 238FB 3: The code administrator may allow an applicant to become a signatory to the code unconditionally, or subject to any conditions stated in writing to the applicant at the time the code administrator informs the applicant that the applicant is allowed to become a signatory to the code. 238FB: Code administrator may issue compliance notices 1: The code administrator may issue a compliance notice to a signatory provider requiring the signatory provider to do, or refrain from doing, a particular thing in relation to— a: the signatory provider’s obligations as a signatory to the code; or b: the signatory provider’s conditions of approval as a signatory to the code. 2: A notice under subsection (1) may specify the manner in which a thing must be undone or the manner in which the consequences of a thing must be rectified. 3: The notice must be in writing and must— a: state the date on which it is issued; and b: if it requires the signatory provider to take any action, state a time on or before which, or a period within which, the signatory provider must take the action; and c: state the consequences or possible consequences of non-compliance with it. 4: The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it. 5: The code administrator may, before the expiry of the time or period referred to in subsection (3)(b), extend the time or period, and in that case the time or period as extended becomes the time or period within or during which the notice must be complied with. 238FC: Signatory providers to comply with compliance notices 1: A signatory provider must comply with a notice under section 238FB compliance notice 2: If, in the code administrator's opinion, the signatory provider does not comply with the compliance notice, the code administrator may (as the code administrator sees fit) impose sanctions against the signatory provider under section 238G 3: The code administrator must not act under subsection (2) until the later of the following: a: 10 days after the date on which the compliance notice was issued: b: the expiry of any time or period of a kind referred to in section 238FB(3)(b) 4: This section and section 238FB section 238G 238G: Sanctions 1: If satisfied that the signatory provider has breached the code or failed to comply with a notice under section 238FB a: impose limitations on the signatory provider’s power to enrol international students; or b: impose new, or amend or revoke any existing, conditions on the signatory provider’s approval as a code signatory. 2: If satisfied that a signatory provider has not complied with a sanction imposed under subsection (1) or a notice under section 238FB 28: Section 238I amended (Purpose and administration of export education levy) After subsection (1)(b), insert: ba: the funding of the operation of the International Student Contract Dispute Resolution Scheme provided for by section 238J 29: New sections 238J to 238M inserted After section 238I 238J: International Student Contract Dispute Resolution Scheme 1: This section establishes the International Student Contract Dispute Resolution Scheme. 2: The purpose of the DRS is to resolve contractual and financial disputes between international students (and former and prospective international students) and providers. 3: Every provider that enrols, intends to enrol, or has enrolled international students is subject to and must (in relation to any contractual or financial dispute with an international student or a former or prospective international student) comply with the rules of the DRS prescribed under section 238M 4: The Minister— a: may, by notice in the Gazette b: must take reasonable steps to ensure that there is at all times a person appointed to be responsible for administering the DRS. 5: A student claimant may lodge with the DRS operator for resolution under the DRS any contractual or financial dispute with a provider, but only if— a: the provider has been given an opportunity to resolve the dispute, but the claimant is not satisfied with the process, the outcome, or both; or b: the provider has failed to, or has refused to, try to resolve the dispute. 6: The resolution of a dispute is binding on all parties to the dispute if— a: it is the outcome of an adjudication of the dispute by or on behalf of the DRS operator; or b: it is produced by a mediation undertaken by or on behalf of the DRS operator whose outcome the parties to the dispute have agreed will be binding. 7: The DRS operator— a: may charge fees to a student claimant, the provider concerned, or both, according to the rules of the DRS prescribed under section 238M b: (notwithstanding those rules) may in its absolute discretion partially or completely exempt any person, or persons of a particular description, from the payment of fees. 238K: Cap of $200,000 on amount that can be required to be paid In resolving any dispute, the DRS operator— a: must not require a provider to pay to a claimant in relation to any particular claim any amount exceeding $200,000; but b: may charge the provider fees in addition to any amount required to be paid. 238L: District Court to enforce DRS 1: The District Court may,— a: on the application of the student claimant or the DRS operator, make an order requiring a provider to comply with the rules of the DRS or to give effect to any resolution that is binding under section 238J(6) b: on the application of the provider or the DRS operator, make an order requiring a claimant to give effect to any resolution that is binding under section 238J(6) 2: If an order (or part of an order) requiring the provider to comply with the resolution requires the provider to pay any sum of money to any person, that order (or part) may be enforced as if it were a judgment by the District Court for the payment of that sum of money to that person. 3: If the District Court is satisfied that the terms of the resolution of a dispute by the DRS operator are manifestly unreasonable, the court may modify the resolution before giving effect to it. 4: Subsection (3) overrides subsections (1) and (2) and section 238J(6). 238M: Rules of International Student Contract Dispute Resolution Scheme 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe rules for the functioning and administration of the DRS. 2: The Minister must not recommend the making of an order without consulting any relevant bodies and sector representatives he or she thinks appropriate. 3: The rules may prescribe fees, or a means by which fees can be calculated or ascertained. New Zealand Qualifications Authority 30: Section 250A amended (Conditions on accreditation) In section 250A(1) the rules made under section 253(1)(d) and (e) the relevant rules made under section 253 31: Section 250C amended (Withdrawal of accreditation) In section 250C(1)(a) the approval the accreditation 32: Section 251A amended (Conditions of training scheme approval) In section 251A(1) the rules made under section 253(1)(c) the relevant rules made under section 253 33: Section 252A amended (Conditions) 1: In section 252A(1) the rules made under section 253(1)(c) the relevant rules made under section 253 2: In section 252A(1) on the approval on the consent 34: Section 253 amended (Rules) 1: After section 253(1)(p) pa: prescribing the quality assurance requirements for tertiary education bodies in respect of whom the Authority grants approvals or consents under this Part: pb: prescribing the types of programmes and training schemes that are exempt from the requirements specified in section 234E(1): 2: After section 253(3) 3A: Rules made under subsection (1)(pb) before the day 12 months after the day on which the Education Amendment Act 2015 received the Royal assent come into force— a: on the day 12 months after the day on which the Education Amendment Act 2015 received the Royal assent; or b: on a later day stated in those rules. 35: Section 255 amended (Compliance notices) In section 255(7)(d) on the approval on the consent 36: Section 255A amended (Powers of entry and inspection) After section 255A(3) 4: Every person commits an offence, and is liable on conviction to a fine not exceeding $10,000, who obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a power of entry conferred by subsection (1). Miscellaneous 37: Section 292B amended (Liability of body corporate and directors in respect of false representations) 1: In section 292B(1) section 292A(1) section 292, 292A, 292C, 292D, 292E, 292F, or 292G 2: In section 292B(2) section 292A section 292, 292A, 292C, 292D, 292E, 292F, or 292G 3: In section 292B(3) section 292A(1) section 292, 292A, 292C, 292D, 292E, 292F, or 292G 38: Section 292C amended (Offence to issue false qualifications and falsify records) 1: In section 292C(1) falsely represents falsely represents, expressly or by implication, 2: In section 292C(2) falsely represents falsely represents, expressly or by implication, 39: New sections 299A and 299B inserted 1: After section 299 299A: Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015 The transitional and savings provisions relating to councils of tertiary institutions set out in Schedule 19 Education Amendment Act 2015 2: Before section 300 299B: Transitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act 2015 The transitional and savings provisions relating to other matters set out in Schedule 20 Education Amendment Act 2015 Teacher registration and Education Council 40: New Parts 31 and 32 inserted After section 347 31: Teacher registration 348: Interpretation In this Part and Schedule 21 authorisation authorised early childhood education and care service a: a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day; and b: any other early childhood service that is declared by regulations made under section 69(2) of the Education Standards Act 2001 to be an early childhood education and care service for the purposes of this Part early childhood service Education Council Part 32 employer a: the board of trustees of a State school: b: the sponsor of a partnership school kura hourua: c: the managers of a school registered under section 35A: d: the person or body that appoints staff at an early childhood education and care service: e: the Secretary, in his or her capacity as an employer under section 91N free kindergarten general education system a: registered schools; and b: early childhood services; and c: other educational institutions and services established or deemed to have been established, or provided, under this Act or the Education Act 1964 list of authorised people section 371(1) Minister partnership school kura hourua practising certificate section 361(2) or (6) professional leader a: in the case of a school other than a partnership school kura hourua, the principal: b: in the case of a partnership school kura hourua, the person to whom the sponsor has assigned the role of supervising teaching practice: c: in the case of an early childhood service, the professional leader of the service: d: in the case of any other educational institution, the chief executive or person occupying an equivalent position register section 359 registration registered satisfactory recent teaching experience a: an uninterrupted period of employment of 2 years (or some shorter period or periods approved by the Education Council for the person) in a teaching position or teaching positions in the general education system; or b: a period of employment of 2 years (or some shorter period or periods approved by the Education Council for the person) in a position (or positions) that (or each of which) in the Education Council's opinion was equivalent to a teaching position, in an educational institution in New Zealand approved by the Education Council for the purposes of this Part teaching position a: requires its holder to instruct students; or b: is the professional leader, deputy professional leader (however described), or assistant principal of a school; or c: is the professional leader of an early childhood service or other educational institution. 1989 No 80 s 120 Restrictions on appointment and employment of teaching staff 349: Restrictions on appointment of teachers 1: An employer may not appoint to a teaching position— a: any person— i: whose registration has been cancelled; and ii: who has not since been registered again; or b: any person whose practising certificate is suspended under section 402 or 404(1)(d) section 404(1)(g) c: any person whose authorisation has been cancelled and who has not since— i: been authorised again; or ii: been registered as a teacher; or d: any person whose limited authority to teach is suspended under section 402 or 404(1)(d) 2: No employer, other than a sponsor, may permanently appoint to any teaching position any person who does not hold a practising certificate. 1989 No 80 s 120A 350: Restrictions on continued employment of teachers 1: An employer may not continue to employ in a teaching position— a: any person— i: whose registration has been cancelled; and ii: who has not since been registered again; or b: any person whose practising certificate is suspended under section 404(1)(d) c: any person whose authorisation has been cancelled and who has not since— i: been authorised again; or ii: been registered as a teacher; or d: any person whose limited authority to teach is suspended under section 404(1)(d) 2: No employer, other than a sponsor, may continue to employ in any teaching position any person who holds neither a practising certificate nor an authorisation, if that person is not under the general supervision of a person who holds a practising certificate. 3: No employer, other than a sponsor, may in any calendar year continue to employ in any teaching position a person who holds neither a practising certificate nor an authorisation, if the sum of the following periods is not less than the period specified in subsection (4): a: the period or periods for which that person has already during that year been employed by the employer in a teaching position or positions; and b: any period or periods (of which the employer is aware) for which that person has already during that year been employed by any other employer in a teaching position or positions; and c: any period or periods (of which the employer is aware) for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service. 4: The period referred to in subsection (3) is 20 half-days or any greater number of half-days the Education Council has allowed in any particular case, each being a half-day on which the school or early childhood education and care service at which the person was then employed was open for instruction. 1989 No 80 s 120B 351: Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension 1: This subsection applies to a person employed in a teaching position if— a: he or she holds a practising certificate that is suspended under section 402 b: he or she has a limited authority to teach that is suspended under section 402 2: While subsection (1) applies to a person, his or her employer— a: must ensure that he or she does not carry out any of the duties of the teaching position concerned; and b: if the person is employed at a registered school or an early childhood education and care service, must take all reasonably practicable steps to ensure that he or she does not undertake any activities that might bring him or her into contact with students enrolled at the school or, as the case may be, children who attend the service. 3: While subsection (1) applies to a person, he or she may not carry out any of the duties of the teaching position concerned. 1989 No 80 s 120C Teacher registration 352: Applications for registration as teacher Any person may apply to the Education Council, on a form provided by the Education Council for the purpose and signed by the applicant, for registration as a teacher. 1989 No 80 s 121 353: Registration The Education Council must register an applicant under section 352 a: is of good character; and b: is fit to be a teacher; and c: is satisfactorily trained to teach; and d: meets the criteria for teacher registration established under section 382(1)(e) e: either— i: has not been convicted of a specified offence as defined in section 23(1) of the Vulnerable Children Act 2014; or ii: has been granted an exemption under section 35 of the Vulnerable Children Act 2014 in respect of every conviction for a specified offence as defined in section 23(1) of that Act. 1989 No 80 s 122 354: Determining whether training satisfactory 1: In determining whether a person is satisfactorily trained to teach, the Education Council may take into account any relevant matters. 2: In determining whether a person is satisfactorily trained to teach, the Education Council must take into account— a: the person's qualifications; and b: whether the person has satisfactorily completed training recognised by the Education Council as suitable for people who want to teach. 3: Subsection (2) does not affect the generality of subsection (1). 1989 No 80 s 124A 355: Determining good character and fitness to be teacher 1: For the purpose of determining whether a person is of good character and fit to be a teacher, the Education Council must obtain a Police vet of the person. 2: Subsection (1) does not limit any other matters that the Education Council may take into account in determining character and fitness to be a teacher. 1989 No 80 s 124B 356: Appeals from decisions of Education Council 1: A person who is dissatisfied with all or any part of a decision of the Education Council under section 353, 357, or 361 2: The court must hear the appeal as soon as practicable, and may confirm, reverse, or modify the decision concerned, or may refer the matter back to the Education Council in accordance with rules of court, or may give any decision that the Education Council could have given. 3: Nothing in this section gives the court power to review any part of the Education Council's decision that the appellant has not appealed against. 4: Subject to any order of the court, every decision of the Education Council continues in force and has effect pending the determination of an appeal against it. 5: On any appeal under this section, the court may order the Education Council or the appellant to pay the costs incurred by the other party in respect of the appeal. 6: The Education Council or the appellant may, with the leave of the High Court or the Court of Appeal, appeal to the Court of Appeal on a question of law against any decision made by the District Court on an appeal under this section. 1989 No 80 s 126 357: Cancellation of registration as teacher 1: The Education Council must cancel a person's registration if— a: the Education Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for registration as a teacher (as set out in section 353 b: the Education Council is satisfied on reasonable grounds that the registration was effected by mistake or obtained by fraud; or c: the Disciplinary Tribunal has ordered, under section 404(1)(g) 2: The Education Council may not cancel a person's registration under subsection (1)(a) or (b) without first— a: taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and b: giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation. 3: The fact that a person's registration has been cancelled does not prevent the person from again being registered. 4: The Education Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose registration is cancelled under this section. 1989 No 80 s 129 358: Voluntary deregistration The Education Council must deregister a person if— a: the Education Council receives a written request from the person seeking deregistration; and b: the Education Council is satisfied that the person is not the subject of an investigation under Part 32 1989 No 80 s 127A 359: Education Council to keep register of people registered as teachers 1: For the purposes of this Part, the Education Council must keep a register of people who are registered as teachers. 2: If the Education Council is satisfied that any of the information contained in the register is incorrect, the Education Council must ensure that the information is corrected. 3: The Education Council may annotate the register following— a: an interim suspension under section 402(2) b: an action by a disciplinary body under section 401, 404, or 412 4: In the case where the register is annotated following an interim suspension, the annotation must be removed or corrected as soon as practicable after the matter is concluded (as specified in section 403(6) 1989 No 80 s 128 360: Matching of register information and information about payment of teacher salaries at payrolled schools 1: The purpose of this section is to facilitate the exchange of information between the Ministry and the Education Council for the purposes of enabling— a: the Education Council, in regard to any person employed in a teaching position, to identify— i: the person's employer; and ii: the person's registration status; and iii: the status and currency of the person’s practising certificate; and b: the Ministry, in regard to regular teachers and relieving teachers in receipt of salaries at payrolled schools, to identify their salary entitlement or eligibility (if any) for an allowance on the basis of their registration or practising certificate (if any). 2: For the purpose set out in subsection (1)(a), the Education Council may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the Secretary and the Education Council,— a: require the Secretary to supply all or any of the following information about all or any regular teachers and relieving teachers in receipt of salaries at payrolled schools: i: surname: ii: first name: iii: date of birth: iv: gender: v: address: vi: the school at which a teacher is employed: vii: payroll number: viii: registration number: ix: number of half-days employed in a teaching position in any calendar year; and b: compare the information supplied under paragraph (a) with the information contained in the register. 3: For the purpose set out in subsection (1)(b), the Secretary may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the Secretary and the Education Council,— a: require the Education Council to supply all or any of the following information in regard to all or any people registered as teachers: i: surname: ii: first name: iii: date of birth: iv: gender: v: address: vi: the school at which a teacher is employed: vii: registration number: viii: registration or practising certificate expiry date: ix: registration or practising certificate classification; and b: compare the information supplied under paragraph (a) with the information held by the Ministry in regard to regular teachers and relieving teachers in receipt of salaries at payrolled schools. 4: In this section, Ministry payrolled school regular teacher relieving teacher school Secretary 1989 No 80 s 128A 361: Practising certificates 1: Any person may apply to the Education Council, on a form provided by the Education Council, for a practising certificate. 2: The Education Council must issue a practising certificate to every applicant who— a: is registered as a teacher; and b: has had a satisfactory Police vet within the past 3 years; and c: meets the standards and criteria for the issue of practising certificates maintained by the Education Council under section 382(1)(h) 3: A teacher's practising certificate must show clearly that the teacher is registered. 4: Unless it is sooner cancelled or expires,— a: a practising certificate issued to a teacher who already holds a current practising certificate expires— i: on the third anniversary of the day on which the certificate already held expires; or ii: at any earlier time that the Education Council specifies, by notice in the Gazette b: a practising certificate issued to a teacher who does not already hold a current practising certificate expires— i: on the third anniversary of the day it is issued; or ii: at any earlier time that the Education Council decides in accordance with the standards and criteria maintained under section 382(1)(h) 5: A practising certificate expires when its holder's registration is cancelled. 6: If a teacher applies to renew his or her practising certificate, the Education Council may issue a renewed practising certificate only if it is satisfied that the teacher— a: has satisfactory recent teaching experience; and b: has had a satisfactory Police vet within the past 3 years; and c: has completed satisfactory professional development during the past 3 years; and d: meets the standards and criteria maintained under section 382(1)(h) 7: This subsection applies to a renewed practising certificate issued to a person if— a: the practising certificate he or she already holds when the renewed certificate is issued is suspended under section 402 b: he or she does not already hold a practising certificate when the renewed certificate is issued, but— i: the practising certificate he or she last held was suspended under section 402 ii: its suspension was not due to expire until a time after the issue of the renewed certificate. 8: A renewed practising certificate to which subsection (7) applies must be treated as being suspended under section 402 1989 No 80 s 130 362: Cancellation of practising certificate 1: The Education Council must cancel a person's practising certificate if— a: the Education Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for holding a practising certificate (as set out in section 361(2) b: the Education Council is satisfied on reasonable grounds that the practising certificate was issued by mistake or obtained by fraud; or c: the Disciplinary Tribunal has ordered, under section 404(1)(g) d: the Education Council has determined, under section 412 2: The Education Council may not cancel a person's practising certificate under subsection (1)(a) or (b) without first— a: taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and b: giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation. 3: The fact that a person's practising certificate has been cancelled does not prevent the person from again holding a practising certificate. 4: The Education Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose practising certificate is cancelled under this section. 1989 No 80 s 129 363: Determining whether employment satisfactorily completed 1: In determining whether a period of employment was satisfactorily completed by a person, the Education Council may take into account any relevant matters. 2: In determining whether a period of employment at a school, early childhood service, or other educational institution in New Zealand was satisfactorily completed by a person, the Education Council may take into account— a: the views of the professional leader of the school, early childhood service, or other educational institution; or b: if the person was the professional leader of a school, early childhood service, or other educational institution, the views of his or her employer. 3: Subsection (2) does not affect the generality of subsection (1). 1989 No 80 s 125 364: Fees and costs for registration and practising certificates 1: The Education Council may, by notice in the Gazette a: in respect of registration effected in different circumstances; and b: for practising certificates of different kinds. 2: A notice under subsection (1)— a: is a disallowable instrument for the purposes of the Legislation Act 2012; and b: must be published on a website maintained by the Education Council; and c: must state where printed copies of it are available free. 3: The Education Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it. 4: Despite anything in this Act, the Education Council may refuse to register a person as a teacher or issue a practising certificate until the appropriate fee has been paid. 5: If the Education Council cancels a teacher's registration, it may, by written notice to the teacher, require the teacher to pay the Education Council any reasonable costs specified in the notice that were incurred by the Education Council in dealing with the proposal to cancel the registration or with the cancellation itself. 6: The Education Council may recover from a teacher as a debt due to it costs required under subsection (5) to be paid to the Education Council by the teacher. 1989 No 80 s 136 Limited authority to teach 365: Purpose of limited authority to teach The purpose of granting a limited authority to teach is to enable employers to have access to skills that are in short supply and to enable those with specialist skills but not a teaching qualification to teach. 1989 No 80 s 130A 366: Limited authority to teach 1: Any person may apply to the Education Council, on a form provided by it for the purpose, for a limited authority to teach. 2: The Education Council must grant a limited authority to teach if it considers that the applicant is of a suitable disposition and— a: the applicant has the skills and experience appropriate to advance the learning of a student or group of students; or b: the applicant has the skills that are in short supply. 3: A person who has previously been authorised may be authorised again, whether before or after the expiry or cancellation of the previous authorisation. 4: In this section, suitable disposition a: is of good character and fit to hold a limited authority to teach; and b: either— i: has not been convicted of a specified offence as defined in section 23(1) of the Vulnerable Children Act 2014; or ii: has been granted an exemption under section 35 of the Vulnerable Children Act 2014 in respect of every conviction for a specified offence as defined in section 23(1) of that Act. 1989 No 80 s 130B 367: Cancellation of limited authority to teach 1: The Education Council must cancel a person's limited authority to teach if— a: the Education Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for holding a limited authority to teach (as set out in section 366(2) b: the Education Council is satisfied on reasonable grounds that the authorisation was granted by mistake or obtained by fraud; or c: the Disciplinary Tribunal has ordered, under section 404(1)(g), that the limited authority to teach be cancelled; or d: the Education Council has determined, under section 412 2: The Education Council may not cancel a person's limited authority to teach under subsection (1)(a) or (b) without first— a: taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and b: giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation. 3: The fact that a person's limited authority to teach has been cancelled does not prevent the person from again being given a limited authority to teach. 4: The Education Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose limited authority to teach is cancelled— a: under this section; or b: as a result of the Education Council refusing to grant a limited authority to teach on the ground that the person is not of good character or is not fit to hold a limited authority to teach. 1989 No 80 s 130G 368: Determining character or fitness to hold limited authority to teach 1: In determining whether a person is of good character or is fit to hold a limited authority to teach, the Education Council— a: must take into account and give due weight to— i: any relevant skills and experience of the applicant; and ii: any other relevant matters; and b: if the applicant is currently employed as the professional leader of a school, early childhood service, or other educational institution, must take into account and give due weight to the views of his or her employer; and c: if the applicant is currently employed at a school, early childhood service, or other educational institution, but not as its professional leader, must take into account and give due weight to the views of the professional leader of the school, service, or institution. 2: For the purpose of determining whether a person is of good character and fit to hold a limited authority to teach, the Education Council must obtain a Police vet of the person. 3: Subsection (1) does not limit any other matters that the Education Council may take into account in determining good character and fitness to hold a limited authority to teach. 1989 No 80 s 130C 369: Appeals from decisions 1: Any person who is dissatisfied with all or any part of a decision of the Education Council under section 368 2: Section 356(2) to (6) 1989 No 80 s 130D 370: Period of authorisation 1: Subject to subsection (2), a person's authorisation expires after 3 years. 2: Notwithstanding subsection (1), the Education Council may grant the authorisation for a period of less than 3 years. 1989 No 80 s 130E 371: Education Council to keep list of persons who have limited authority to teach 1: For the purposes of this Part, the Education Council must keep a list of persons who have a limited authority to teach. 2: If the Education Council is satisfied that any of the information contained in the list is incorrect, the Education Council must ensure that the information is corrected. 3: The Education Council may annotate the list following— a: an interim suspension under section 402(2) b: an action by a disciplinary body under section 401, 404, or 412 4: In the case where the list is annotated following an interim suspension, the annotation must be removed or corrected as soon as practicable after the matter is concluded (as specified in section 403(6) 1989 No 80 s 130F 372: Fees and costs for granting limited authority to teach 1: The Education Council may, by notice in the Gazette 2: A notice under subsection (1)— a: is a disallowable instrument for the purposes of the Legislation Act 2012; and b: must be published on a website maintained by the Education Council; and c: must state where printed copies of it are available free. 3: The Education Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it. 4: Despite anything in this Act, the Education Council may refuse to grant any person a limited authority to teach until the appropriate fee has been paid. 5: If the Education Council cancels a limited authority to teach, it may, by written notice to the person concerned, require the person to pay the Education Council any reasonable costs specified in the notice that were incurred by the Education Council in dealing with the proposal to cancel the authorisation or with the cancellation itself. 6: The Education Council may recover from any person as a debt due to it costs required by subsection (5) to be paid to the Education Council by that person. 1989 No 80 s 130H Miscellaneous provisions 373: Education Council may disclose certain information If the management of any registered early childhood centre that is not an early childhood education and care service asks the Education Council for information about any person who is a prospective employee, the Education Council may— a: make any inquiry about that person that it might have made if that person had applied for registration as a teacher; and b: disclose to the management any information it holds or has obtained about that person. 1989 No 80 s 135A 374: Offences 1: Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who— a: makes to the Education Council any statement as to any person's qualifications or experience that would amount to perjury if made on oath in judicial proceedings; or b: not being a registered teacher, uses, or permits to be used, in connection with the person's name or business, the words registered teacher c: wilfully makes, or causes to be made, a false entry in or falsification of the register or a practising certificate; or d: falsely represents a document that is not a practising certificate to be a practising certificate; or e: falsely represents a document that is not a limited authority to teach to be a limited authority to teach; or f: is appointed to or continues to be employed in a position, knowing that the appointment or employment is contrary to section 349 or 350 g: being the employer of a person to whom section 351(1) h: being the employer of a person to whom section 351(1) i: being a person to whom section 351(1) j: being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of an employer (other than a sponsor) in a teaching position after the sum of the following periods is 20 half-days, or any greater number of half-days the Education Council has allowed that person (each being a half-day on which a school or an early childhood education and care service at which the person was then employed was open for instruction): i: the period or periods for which that person has already during that year been employed by the employer in a teaching position or teaching positions; and ii: any period or periods for which that person has already during that year been employed by any other employer in a teaching position or teaching positions; and iii: any period or periods for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service; or k: being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of the employer at an early childhood education and care service as a teacher after the sum of the following periods is 20 half-days, or any greater number of half-days the Education Council has allowed that person (each being a half-day on which an early childhood education and care service or a school at which the person was then employed was open for instruction): i: the period or periods for which that person has already during that year been employed by the employer as a teacher; and ii: any period or periods for which that person has already during that year been employed by an employer at any other early childhood education and care service as a teacher; and iii: any period or periods for which that person has during that year been employed in a teaching position by the employer at a State school. 2: Every person commits an offence, and is liable on conviction to a fine not exceeding $5,000, who appoints any person to a position, or continues to employ any person in a position, knowing that the appointment or employment is contrary to section 349 or 350 1989 No 80 s 137 375: Periods of registration before commencement of this section This Part applies to any period of registration as a teacher under the Education Act 1964 before the commencement of this section as if it were a period of registration under this Part. 32: Education Council 376: Purpose of Part The purpose of this Part is to establish an Education Council. 1989 No 80 s 139AA 377: Purpose of Education Council The purpose of the Education Council is to ensure safe and high quality leadership, teaching, and learning for children and young people in early childhood, primary, secondary, and senior secondary schooling in English medium and Māori medium settings through raising the status of the profession. 1989 No 80 s 139AA 378: Interpretation 1: In this Part, unless the context otherwise requires,— authorised person authority Part 31 Complaints Assessment Committee disciplinary body Disciplinary Tribunal rules section 388 serious misconduct a: that— i: adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or ii: reflects adversely on the teacher's fitness to be a teacher; or iii: may bring the teaching profession into disrepute; and b: that is of a character or severity that meets the Education Council's criteria for reporting serious misconduct teacher a: a registered teacher; and b: a former registered teacher; and c: an authorised person; and d: a former authorised person. 2: Terms used in this Part that are defined in section 348 1989 No 80 s 139AB Education Council 379: Education Council of Aotearoa New Zealand established 1: The Education Council of Aotearoa New Zealand (the Education Council 2: The Education Council is a body corporate with perpetual succession and is capable of— a: holding real and personal property; and b: suing and being sued; and c: otherwise doing and suffering all that bodies corporate may lawfully do and suffer. 3: Schedule 21 1989 No 80 s 139AC 380: Composition of Education Council 1: The Education Council must have 9 members appointed in accordance with clause 1 of Schedule 21 2: The Minister must appoint 1 of the members appointed under subsection (1) as chairperson, and that person holds office for the period specified in clause 5 of Schedule 21 3: The term of office of every member is up to 3 years and members may be reappointed for 2 more terms of up to 3 years each. 4: Despite subsection (3),— a: to provide for the staggered turnover of members, the Minister may specify, when appointing members to hold office, different terms of office for members: b: every member continues in office until his or her successor comes into office. 1989 No 80 s 139AD 381: Duties of members of Education Council The collective and individual duties of members of the Education Council are set out in clauses 7 and 8 of Schedule 21 382: Functions of Education Council 1: The functions of the Education Council are as follows: a: to provide leadership to teachers and direction for the education profession: b: to enhance the status of teachers and education leaders: c: to identify and disseminate best practice in teaching and leadership and foster the education profession’s continued development in light of research, and evidence of changes in society and technology: d: to carry out the functions under Part 31 e: to establish and maintain any criteria for teacher registration under Part 31 f: to establish and maintain standards for qualifications that lead to teacher registration: g: to conduct, in conjunction with quality assurance agencies, approvals of teacher education programmes: h: to establish and maintain— i: standards for ongoing practice; and ii: criteria for the issue of practising certificates of different kinds: i: to ensure that appraisals made by professional leaders for the issue and renewal of practising certificates achieve a reasonable and consistent standard, by auditing and moderating the appraisals made for at least 10% of the practising certificates issued or renewed in each year: j: to establish and maintain a code of conduct for teachers under section 387 k: to monitor and enforce the requirements relating to mandatory reporting in this Part and Part 31 l: to perform the disciplinary functions in this Part relating to teacher misconduct and reports of teacher convictions: m: to set the criteria for reporting serious misconduct and for reporting on competence issues: n: to perform the functions in this Part relating to teacher competence: o: to co-ordinate a system providing for the vetting by the Police of all teachers: p: to perform any other functions conferred on it by this Act or any other enactment. 2: The functions specified in subsection (1)(e) and (h) must be performed as soon as practicable but no later than 2 years after the date of commencement of this section. 3: When performing its functions and exercising its powers, the Education Council must act in accordance with the rules of natural justice. 1989 No 80 s 139AE 383: Powers of Education Council 1: The Education Council may, by notice in the Gazette a: any addition or alteration to a person's registration as a teacher: b: any addition or alteration to a person's limited authority to teach: c: any addition or alteration to a person's practising certificate: d: inspection of the register of registered teachers or any other register or any other documents kept by the Education Council that are open to inspection: e: the supply of a copy of any entry in a register or other document referred to in paragraph (d): f: the provision of professional leadership: g: costs relating to the performance of disciplinary functions: h: any other matter for which this Act provides that the Education Council may charge fees. 2: A notice under subsection (1)— a: is a disallowable instrument for the purposes of the Legislation Act 2012; and b: must be published on a website maintained by the Education Council; and c: must state where printed copies of it are available free. 3: The Education Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it. 4: The Education Council may charge a fee for anything that it has fixed a fee for under subsection (1). 5: The Education Council may also charge for any goods or services it provides in accordance with its functions. 6: The Education Council may, by written notice to a governing body, require the governing body to give the Education Council, within a time specified in the notice, any information specified in the notice, and the governing body must within that time give the Education Council in writing all information so required that is reasonably necessary or desirable for the Education Council to have for the proper administration of this Part and Part 31 7: The Education Council has all other powers conferred by this Act or reasonably necessary to enable it to perform its functions. 8: For the purposes of subsection (6), governing body 1989 No 80 s 139AF 384: Ministerial powers 1: For the purpose of ascertaining whether the Education Council is complying, or has complied, with the provisions of this Part and Part 31 2: The Minister may, by written notice to the Education Council, require the Education Council to provide to the Minister any financial, statistical, or other information, including information relating to the performance of the functions of the Education Council or any of its committees. 1989 No 80 s 139AG 385: Reports 1: At least every 3 years, following consultation with teachers, the Government, and the public, the Education Council must publish a report setting out its strategic direction for the next 5 years. 2: The Education Council must present to the House of Representatives an annual report on its operations, including, but not limited to, the audited financial statements of the Education Council. 386: Advisory boards The Education Council may establish advisory boards for specific aspects of its operation or for particular issues as it sees fit. 387: Code of conduct 1: The Education Council must, as soon as practicable but not later than 2 years after the date of commencement of this section, establish and maintain a code of conduct for teachers. 2: When preparing the code of conduct (and any amendments to it), the Education Council— a: must take all reasonable steps— i: to consult those who will be bound by it; and ii: to consult the State Services Commissioner; and b: must have regard to any relevant minimum standards of integrity and conduct or code of conduct that the State Services Commissioner sets or issues under section 57 of the State Sector Act 1988. 3: The code of conduct must be signed by the chairperson of the Education Council, and— a: notice of it must be given in the Gazette b: the notice must say where copies of the code may be obtained free of charge; and c: the notice must give the date on which the code comes into force, which must be a date on or after the date of the Gazette d: the Education Council must take all reasonable steps to ensure that those bound by the code are aware of its existence and are able to obtain copies of it, including (but not limited to) publishing the code on its Internet site. 4: The Education Council may amend the code of conduct, and every amendment— a: must be notified in the Gazette b: forms part of the code on the date specified in the notice as the date on which it will come into force. 5: The code of conduct, and every amendment of it, is a disallowable instrument for the purposes of the Legislation Act 2012. 6: The code of conduct prepared under this section is binding on all teachers who hold a practising certificate and on all authorised persons. 7: The code of ethics that the New Zealand Teachers Council prepared and that was in existence immediately before the commencement of this section is to be treated as the code of conduct prepared under this section until a code of conduct is prepared in accordance with subsection (1). 1989 No 80 s 139AI 388: Education Council to make rules 1: The Education Council must, as soon as practicable after the commencement of this section, make rules providing for— a: a Complaints Assessment Committee to— i: investigate complaints of misconduct about, and reports of convictions of, teachers; and ii: carry out any other function, and exercise any power, given under this Act or delegated to it by the Education Council; and b: a Disciplinary Tribunal to conduct hearings relating to misconduct by, and convictions of, individual teachers, and to exercise the powers given under this Act; and c: the practices and procedures of the disciplinary bodies; and d: the procedures of the Education Council for dealing with reports received under the mandatory reporting provisions in sections 392 to 395 and 397 e: the procedures relating to Police vetting, and in particular the rights of persons who are vetted. 2: The Education Council may make rules for any other purpose relating to the performance of its functions. 3: When preparing rules (and any amendments to them), the Education Council must take all reasonable steps to consult with those affected by the rules. 4: When rules are made under this section,— a: notice of them must be given in the Gazette b: the notice must say where copies of the rules may be obtained free of charge; and c: the notice must give the date on which the rules come into force, which must be a date on or after the date of the Gazette d: the Education Council must take all reasonable steps to ensure that those affected by the rules are aware of their existence and are able to obtain copies of them. 5: Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. 1989 No 80 s 139AJ 389: Delegations 1: The Education Council may delegate any of its powers (other than this power of delegation), either generally or specifically, as it sees fit. 2: Despite subsection (1), the Education Council may not delegate its powers— a: to appoint a chief executive: b: to make rules: c: relating to voluntary deregistration: d: relating to cancellation of registration, practising certificates, or limited authorities to teach: e: to establish and maintain a code of conduct for teachers under section 387 1989 No 80 s 139AJA 390: Chief executive and employees 1: The Education Council may appoint a chief executive and any other employees it thinks necessary for the efficient performance of its functions. 2: No person appointed under subsection (1) may be a member of the Education Council. 1989 No 80 s 139AJB 391: Superannuation 1: Any person who, immediately before becoming an employee of the Education Council, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 or to the State Sector Retirement Savings Scheme is for the purpose of that Act treated as being employed in the Government service so long as he or she continues to be an employee of the Education Council. 2: The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of the Education Council were government service. 3: Nothing in subsection (1) entitles a person to become a contributor to the Government Superannuation Fund or to the State Sector Retirement Savings Scheme if the person has ceased to be a contributor. 4: For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the Education Council is the controlling authority. 1989 No 80 s 139AJC Mandatory reporting 392: Mandatory reporting of dismissals and resignations 1: When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Education Council. 2: If, within the 12 months before the resignation of a teacher from a teaching position (including a fixed-term position) or the expiry of the term of a teacher’s fixed-term position, the teacher’s employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the teacher’s conduct, or the teacher’s competence, the employer must, immediately after the resignation or expiry, report it to the Education Council. 3: Every report under this section must be in writing and must include,— a: in the case of a report of dismissal, the reason for the dismissal; and b: in the case of a report of a resignation or expiry,— i: a description of the conduct or competence issues that the employer was concerned about; and ii: a report of what action (if any) the employer took with respect to the issues. 1989 No 80 s 139AK 393: Mandatory reporting of complaints received about former employees 1: The former employer of a teacher must immediately report to the Education Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher's conduct or competence while he or she was an employee. 2: Every report under this section must be in writing, and must include,— a: in the case of an oral complaint, a description of aspects of the teacher's conduct or competence complained of; and b: in the case of a written complaint, a copy of the complaint; and c: a report of what action (if any) the employer took with respect to the matters complained of. 1989 No 80 s 139AL 394: Mandatory reporting of possible serious misconduct 1: The employer of a teacher must immediately report to the Education Council if it has reason to believe that the teacher has engaged in serious misconduct. 2: Every report under this section must— a: be in writing; and b: include a description of the conduct of the teacher that the employer believes to be serious misconduct; and c: include a description of what action (if any) the employer has taken in relation to it. 1989 No 80 s 139AM 395: Mandatory reporting of failure to reach required level of competence 1: The employer of a teacher must immediately report to the Education Council if it is satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence. 2: Every report under this section must— a: be in writing; and b: include a description of the competence issues leading to the report; and c: include a description of the action that the employer has taken in relation to it. 1989 No 80 s 139AN 396: Offence of failing to report 1: An employer or a former employer commits an offence and is liable on conviction to a fine not exceeding $25,000 if it fails without reasonable justification to report to the Education Council in relation to any matter of conduct as required under section 392, 393, or 394 2: An employer or a former employer commits an offence and is liable on conviction to a fine not exceeding $5,000 if it fails without reasonable justification to report to the Education Council in relation to any matter of competence as required under section 392, 393, or 395 1989 No 80 s 139AO 397: Mandatory reporting of convictions 1: Every holder of a practising certificate and every authorised person who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Education Council. 2: Failure to report a conviction to the Education Council in accordance with subsection (1) is misconduct that may give rise to disciplinary proceedings. 3: The Registrar of every court must, unless the court expressly orders otherwise, report to the Education Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more. 4: If the Registrar has reported a conviction to the Education Council under subsection (3), then, if that conviction is subsequently quashed, the Registrar must notify the Education Council of that fact. 1989 No 80 s 139AP Disciplinary functions 398: Disciplinary bodies 1: The constitution of the disciplinary bodies must be set out in the rules, and those rules must be consistent with this section. 2: Both disciplinary bodies may operate in panels, and more than 1 panel of each body may operate at any one time. 3: The Disciplinary Tribunal must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Education Council, of people who are not teachers, employers, or members of an employing body. 4: The majority of members on the Disciplinary Tribunal, and on every panel of the Disciplinary Tribunal, must be registered teachers. 5: No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal. 6: Rules must provide for the replacement of any member of a disciplinary body who, in relation to a particular complaint,— a: made the complaint; or b: is otherwise in a position of conflict of interest. 7: When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice. 1989 No 80 s 139AQ 399: Complaints about conduct 1: A person who wishes to make a complaint about the conduct of a teacher, including complaints about possible breaches of the code of conduct prepared by the Education Council under section 387 2: Any person (including a parent, employer, or member of the Education Council) may, at any time, make a written complaint to the Education Council about the conduct of a teacher— a: if the complaint is about a teacher who is not currently employed by an employer; or b: if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or c: if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or d: in any other exceptional circumstance. 3: A complaint under this section by an employer or former employer must include a report of any action that the employer or former employer has taken in relation to it. 1989 No 80 s 139AR 400: Complaints and reports relating to teacher conduct 1: The Education Council may refer to the Complaints Assessment Committee— a: any report received by it under any of sections 392 to 394 and 397 b: any complaint received by it under section 399 2: The Education Council may refer to the Complaints Assessment Committee any matters that relate to teacher conduct of its own motion as it sees fit. 3: In relation to a complaint received under section 399 a: if the Complaints Assessment Committee considers that the complaint should have been sent first to the teacher's employer or former employer, it must refer the matter to the employer or former employer; and b: if the teacher is currently employed by an employer and it has not already referred the matter to the employer under paragraph (a), it must notify the employer that it has received a complaint about the teacher. 4: An employer to whom a complaint is referred under subsection (3), or who is required to provide information in the course of an investigation by the Complaints Assessment Committee, must report to the Complaints Assessment Committee as required by it. 1989 No 80 s 139AS 401: Powers of Complaints Assessment Committee 1: The Complaints Assessment Committee may investigate any report, complaint, or matter referred to it under section 400 2: Following an investigation, the Complaints Assessment Committee may do 1 or more of the following: a: resolve to take the matter no further: b: refer the teacher concerned to a competency review: c: refer the teacher concerned to an impairment process, which may involve either or both of the following: i: assessment of an impairment: ii: assistance with an impairment: d: if there has been made a finding of misconduct that is not serious misconduct, by agreement with the teacher and the person who made the complaint or report or referred the matter, do 1 or more of the following: i: censure the teacher: ii: impose conditions on the teacher's practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development: iii: suspend the teacher's practising certificate or authority for a specified period, or until specified conditions are met: iv: annotate the register or the list of authorised persons in a specified manner: v: direct the Education Council to impose conditions on any subsequent practising certificate issued to the teacher. 3: The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing. 4: The Complaints Assessment Committee must refer to the Disciplinary Tribunal any matter that the Committee considers may possibly constitute serious misconduct. 5: When a matter is referred to the Disciplinary Tribunal under subsection (4), a notice must be sent to the teacher concerned setting out the charge of misconduct against him or her. 6: Any person authorised by the Complaints Assessment Committee may require an employer, a former employer, or a government agency to provide information that the person considers necessary for the purposes of an investigation under this section. 1989 No 80 s 139AT 402: Interim suspension until matter about or involving possible serious misconduct concluded 1: At any time between when the Complaints Assessment Committee receives a complaint or receives or becomes aware of a report that is about or involves a teacher's possible serious misconduct and when the matter is concluded (as specified in section 403(6) 2: On an application under subsection (1) for an interim suspension, the chairperson of the Disciplinary Tribunal may, having regard primarily to the safety of the children in the school or early childhood education and care service and to the reputation of the teaching profession, either with or without a hearing, suspend the teacher's practising certificate or authority. 1989 No 80 s 139AU 403: Duration of interim suspension 1: The duration of an interim suspension under section 402 a: the expiry of a period specified by the chairperson of the Disciplinary Tribunal at the time the interim suspension commences: b: the expiry of a period specified by the chairperson of the Disciplinary Tribunal after the interim suspension commences: c: any conditions specified by the chairperson of the Disciplinary Tribunal are met: d: the interim suspension is otherwise lifted or revoked, for example, as the result of a review under subsection (2). 2: The chairperson of the Disciplinary Tribunal must review his or her initial interim suspension decision if the teacher— a: requests him or her to do so at any time during the initial interim period of suspension; and b: provides a written explanation or statement in support of the request. 3: The Disciplinary Tribunal may renew an interim suspension under section 402 a: the matter has not been concluded; and b: the interim suspension has not been otherwise lifted or revoked, for example, as the result of an appeal against it under subsection (4). 4: A teacher whose practising certificate or authority is subject to an interim suspension under section 402 5: A hearing under subsection (4) is a hearing before the Disciplinary Tribunal, and sections 405 to 409 6: For the purposes of this section and sections 359(4) and 402(1) a: the Complaints Assessment Committee has carried out whatever action it decides to take under section 401(2) b: the Disciplinary Tribunal has carried out whatever action it decides to take under section 404(1) section 401(3) or (4) 1989 No 80 s 139AUA 404: Powers of Disciplinary Tribunal 1: Following a hearing of a charge of serious misconduct, or a hearing into any matter referred to it by the Complaints Assessment Committee, the Disciplinary Tribunal may do 1 or more of the following: a: any of the things that the Complaints Assessment Committee could have done under section 401(2) b: censure the teacher: c: impose conditions on the teacher's practising certificate or authority for a specified period: d: suspend the teacher's practising certificate or authority for a specified period, or until specified conditions are met: e: annotate the register or the list of authorised persons in a specified manner: f: impose a fine on the teacher not exceeding $3,000: g: order that the teacher's registration or authority or practising certificate be cancelled: h: require any party to the hearing to pay costs to any other party: i: require any party to pay a sum to the Education Council in respect of the costs of conducting the hearing: j: direct the Education Council to impose conditions on any subsequent practising certificate issued to the teacher. 2: Despite subsection (1), following a hearing that arises out of a report under section 397 3: A fine imposed on a teacher under subsection (1)(f), and a sum ordered to be paid to the Education Council under subsection (1)(i), are recoverable as debts due to the Education Council. 1989 No 80 s 139AW 405: Evidence at Disciplinary Tribunal hearings 1: The Disciplinary Tribunal may— a: receive evidence on oath (and for that purpose an officer or employee of the Education Council may administer an oath); and b: permit a person appearing as a witness before it to give evidence by written statement and verify that statement by oath. 2: A hearing before the Disciplinary Tribunal is a judicial proceeding for the purposes of section 109 of the Crimes Act 1961 (which relates to punishment for perjury). 3: Except as provided in subsections (4) to (6), every hearing of the Disciplinary Tribunal must be held in public. 4: If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may hold a hearing or part of a hearing in private. 5: The Disciplinary Tribunal may, in any case, deliberate in private as to its decision or as to any question arising in the course of a hearing. 6: If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make any 1 or more of the following orders: a: an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private: b: an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing: c: an order prohibiting the publication of the name, or any particulars of the affairs, of the person charged or any other person. 1989 No 80 s 139AX 406: Powers of Disciplinary Tribunal in relation to witnesses 1: The Disciplinary Tribunal may require a person to do either or both of the following: a: attend and give evidence at a hearing of the Disciplinary Tribunal: b: produce any documents, records, or other information in his or her custody or control that relate to the subject matter of the hearing, whether specified by the Disciplinary Tribunal or not. 2: A requirement under subsection (1) must be in writing and signed by the chairperson of the Disciplinary Tribunal. 3: A person required to attend a hearing is entitled to be paid, by the party calling the person (or, if called on the volition of the Disciplinary Tribunal itself, by the Education Council), witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly. 1989 No 80 s 139AY 407: Offences 1: A person commits an offence, and is liable on conviction to a fine not exceeding $500, who, without lawful justification, fails or refuses— a: to attend and give evidence when required by the Disciplinary Tribunal; or b: to answer truthfully and fully any question put to him or her by a member of the Disciplinary Tribunal; or c: to produce any document, record, or other information as required by the Disciplinary Tribunal. 2: A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if, without lawful excuse, he or she breaches an order made by the Disciplinary Tribunal under section 405(6) 1989 No 80 s 139AZ 408: Privileges and immunities 1: Every person who does any of the following has the same privileges as witnesses have in a court: a: provides documents, things, or information to a disciplinary body: b: produces documents or things to a disciplinary body: c: gives evidence to, or answers questions from, a disciplinary body. 2: Every counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court. 3: If a person is represented at a hearing before a disciplinary body by a person other than a barrister or solicitor,— a: any communications between the person and the representative in relation to the hearing are as privileged as they would have been if the representative had been a barrister or solicitor; and b: the representative is treated as counsel for the purposes of subsection (2). 1989 No 80 s 139AZA 409: Appeals 1: The teacher who is the subject of a decision by the Disciplinary Tribunal made under section 402(2) or 404 section 412 2: The Complaints Assessment Committee may, with the leave of the Education Council, appeal to a District Court against a decision of the Disciplinary Tribunal made under section 402(2) or 404 3: An appeal under this section must be made within 28 days after receipt of written notice of the decision, or any longer period that the court allows. 4: Section 356(3) to (6) section 356(1) 1989 No 80 s 139AZB Review of competence 410: Complaints about competence 1: A person who wishes to make a complaint about a teacher's competence must first make the complaint to the teacher's employer, unless one of the circumstances in subsection (2)(a) to (d) applies. 2: Any person (including a parent, an employer, or a member of the Education Council) may, at any time, make a written complaint to the Education Council about the competence of a teacher— a: if the complaint is about a teacher who is not currently employed by an employer; or b: if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or c: if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or d: in any other exceptional circumstance. 3: The Education Council may investigate any matters that relate to teacher competence of its own motion as it sees fit. 4: A complaint under this section by an employer or former employer must include a description of the competence issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them. 5: If the Education Council considers that a complaint under this section should first have been sent to the teacher's employer, it must refer it to the employer; and, in any other case, it must notify the employer (if the teacher is currently employed by an employer) that— a: it has received a complaint about the teacher's competence; or (as the case may be) b: it is investigating the teacher's competence of its own motion. 6: When the Education Council refers a complaint to an employer, the employer must report as required by the Education Council. 7: If the Education Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Education Council may investigate the complaint. 8: When a complaint about competence is made by a member of the Education Council, that member may not be involved in any investigation of the complaint. 1989 No 80 s 139AZC 411: Investigation of mandatory reports about competence 1: When investigating a report under section 392, 393, or 395 2: When a report is made under section 392, 393, or 395 1989 No 80 s 139AZCA 412: Powers of Education Council after finding required level of competence not attained Following an investigation of a complaint under section 410 section 392, 393, or 395 a: do any 1 or more of the following: i: impose conditions on the teacher's practising certificate or authority: ii: refer the teacher to an impairment process, which may involve either or both of the following: A: assessment of an impairment: B: assistance with an impairment: iii: annotate the register or the list of authorised persons in a specified manner, in relation to any action taken under subparagraph (i): iv: impose conditions on any subsequent practising certificate or authority issued to the teacher; or b: cancel the teacher's practising certificate or authority. 1989 No 80 s 139AZCB Police vetting 413: Education Council must co-ordinate Police vetting 1: The Education Council must establish a system for co-ordinating Police vetting, in relation to— a: teacher registration and the issue of practising certificates; and b: the granting of authorities to teach. 2: A copy of the result of the Police vet of a person must be given to the person or body that requested it and the person who is the subject of the vet. 3: The Education Council must establish internal procedures for dealing with the Police vet requested for its own purposes that must, in particular,— a: identify the person or office holder within the Education Council to whom the results of the Police vet must be sent; and b: ensure that strict confidentiality is observed for the Police vet. 1989 No 80 s 139AZD Schedules 41: New Schedules 19 to 21 inserted 1: After Schedule 18 Schedule 19 Schedule 1 2: In its appropriate numerical order, insert Schedule 20 Schedule 2 3: In its appropriate numerical order, insert Schedule 21 Schedule 3 2: Consequential amendments Acts amended 42: Crown Entities Act 2004 1: This section amends the Crown Entities Act 2004 2: In Schedule 1 OIC LI 2015/105 2015-07-01 Crown Entities Act 2004 Unless earlier brought into force by OIC. See section 2(1) 43: Education Standards Act 2001 1: This section amends the Education Standards Act 2001 2: In section 69(1) Part 10 Part 31 3: In section 69(2) Part 10 Part 31 4: In section 69(2)(c) section 120 section 348 OIC LI 2015/105 2015-07-01 Education Standards Act 2001 Unless earlier brought into force by OIC. See section 2(1) 44: Ombudsmen Act 1975 1: This section amends the Ombudsmen Act 1975 2: In Schedule 1 Education Council of Aotearoa New Zealand 3: In Schedule 1 OIC LI 2015/105 2015-07-01 Ombudsmen Act 1975 Unless earlier brought into force by OIC. See section 2(1) 45: Privacy Act 1993 1: This section amends the Privacy Act 1993 2: In section 97 specified agency New Zealand Teachers Council Education Council of Aotearoa New Zealand OIC LI 2015/105 2015-07-01 Privacy Act 1993 Unless earlier brought into force by OIC. See section 2(1) 46: State Sector Act 1988 1: This section amends the State Sector Act 1988 2: In section 77C(2)(a) New Zealand Teachers Council Education Council of Aotearoa New Zealand OIC LI 2015/105 2015-07-01 State Sector Act 1988 Unless earlier brought into force by OIC. See section 2(1) Legislative instruments amended 47: Education (Early Childhood Centres) Regulations 1998 1: This section amends the Education (Early Childhood Centres) Regulations 1998 2: In regulation 36A(1) recognised qualification New Zealand Teachers Council Education Council of Aotearoa New Zealand OIC LI 2015/105 2015-07-01 Education (Early Childhood Centres) Regulations 1998 Unless earlier brought into force by OIC. See section 2(1) 48: Education (Early Childhood Services) Regulations 2008 1: This section amends the Education (Early Childhood Services) Regulations 2008 2: In regulation 3 recognised qualification New Zealand Teachers Council Education Council of Aotearoa New Zealand OIC LI 2015/105 2015-07-01 Education (Early Childhood Services) Regulations 2008 Unless earlier brought into force by OIC. See section 2(1) 49: Education (Registration of Early Childhood Services Teachers) Regulations 2004 1: This section amends the Education (Registration of Early Childhood Services Teachers) Regulations 2004 2: In regulation 9(1)(c) New Zealand Teachers Council Education Council of Aotearoa New Zealand OIC LI 2015/105 2015-07-01 Education (Registration of Early Childhood Services Teachers) Regulations 2004 Unless earlier brought into force by OIC. See section 2(1) 50: New Zealand Council for Educational Research (Electoral College) Order 2009 amended 1: This section amends the New Zealand Council for Educational Research (Electoral College) Order 2009 2: In the Schedule, Part 2, replace clause 10 10: The chief executive of the Education Council of Aotearoa New Zealand. OIC 2015/105 2015-07-01 New Zealand Council for Educational Research (Electoral College) Order 2009 Unless earlier brought into force by OIC. See section 2(1)

DLM6404942

2015

Wildlife Amendment Act 2015

1: Title This Act is the Wildlife Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Wildlife Act 1953 principal Act 2015-03-26 Wildlife Act 1953 4: Section 2 amended (Interpretation) In section 2(1) threatened species subsection (1)(a) subsection (1A)

DLM6577300

2015

Ngāti Kahu Accumulated Rentals Trust Act 2015

1: Title This Act is the Ngāti Kahu Accumulated Rentals Trust Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Interpretation In this Act, unless the context otherwise requires,— Aupouri Forest Crown forestry licence a: has the meaning given in section 2(1) b: in relation to the Aupouri Forest, means the licence held in computer interest register NA100A/1 Crown forestry rental trust section 34 Crown forestry rental trust deed Ngāti Kahu Accumulated Rentals Trust Trust Public Trust section 7 responsible Ministers settlement date a: Ngāti Kuri Claims Settlement Act 2015 b: Te Aupouri Claims Settlement Act 2015 c: NgāiTakoto Claims Settlement Act 2015 d: Te Rarawa Claims Settlement Act 2015 Trustee 4: Purpose of this Act and Trust 1: The purpose of this Act is to make the necessary legislative provisions for the matters contained in the deed of trust entered into by the Crown and Public Trust to establish the Ngāti Kahu Accumulated Rentals Trust. 2: The purposes of the Trust are to— a: preserve the Crown's ability, in relation to a proportion of the accumulated rentals, to provide for the settlement of Ngāti Kahu's historical Treaty of Waitangi claims that may be negotiated and entered into between Ngāti Kahu and the Crown; and b: provide for the transfer of a proportion of the accumulated rentals as a consequence of any relevant recommendation made by the Waitangi Tribunal under section 8HB section 8HC(6) 5: Trustee is confirmed beneficiary On and from the settlement date, the Trustee is deemed to be the confirmed beneficiary of the Trust under clause 11.1(a) and (b) of the Crown forestry rental trust deed for the limited purpose of receiving 20% of the rental proceeds for Aupouri Forest since the commencement of the Crown forestry licence.

DLM6403302

2015

Local Electoral Amendment Act 2015

1: Title This Act is the Local Electoral Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Local Electoral Act 2001 principal Act 2015-03-26 Local Electoral Act 2001 4: Section 19ZC amended (Requirements for valid demand) In section 19ZC(4 28 February 21 February 5: Section 19ZF amended (Poll of electors) In section 19ZF(3) 82 days 89 days 6: Section 30 amended (Requirements for valid demand) In section 30(3A) 28 February 21 February 7: Section 31 amended (Local authority may resolve to hold poll) In section 31(1) 28 February 21 February 8: Section 33 amended (Poll of electors) In section 33(3) 82 days 89 days 9: Section 102 amended (New election or poll if election or poll declared void) In section 102(2)(a) and (b) 82 days 89 days 10: Section 120 amended (Election to fill extraordinary vacancy) In section 120(1)(b) 82 days 89 days 11: Section 138A amended (Special provision in relation to certain elections to fill extraordinary vacancies and certain polls) 1: In section 138A(1)(a 10 February 17 February 2: In section 138A(1)(b) 7 March 14 March 3: In section 138A(1)(c) 4 April 11 April

DLM6603202

2015

Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2015

1: Title This Act is the Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Financial Service Providers (Registration and Dispute Resolution) Act 2008 principal Act 2015-11-07 Financial Service Providers (Registration and Dispute Resolution) Act 2008 4: Section 14 amended (Disqualified person) In section 14(2)(e) an offence under sections 217 to 266 of the Crimes Act 1961 a crime involving dishonesty as defined in section 2(1) of the Crimes Act 1961

DLM6403857

2015

Official Information Amendment Act 2015

1: Title This Act is the Official Information Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Official Information Act 1982 principal Act 2015-03-26 Official Information Act 1982 4: Section 12 amended (Requests) 1: After section 12(1) 1AA: A request under subsection (1)— a: may be made in any form and communicated by any means (including orally); and b: does not need to refer to this Act. 2: After section 12(3) 4: A department or Minister of the Crown or organisation to which an oral request is made under subsection (1) may, if written clarification is reasonably necessary, ask the person making the request to put the request in writing to clarify the request. 5: If the person declines or is unable to put the request in writing, the department or Minister of the Crown or organisation must record its understanding of the request and provide a copy of the record to the person. 5: Section 14 amended (Transfer of requests) In section 14 a: after the information , or some of the information, b: after transfer the request , or relevant part of the request, 6: Section 15 amended (Decisions on requests) After section 15(1) 1AA: If a request (the original request 1AB: However, subsection (1AA) a: the original request is amended or clarified because the department or Minister of the Crown or organisation to which the request was made sought an amendment to, or a clarification of, the request; and b: the department or Minister of the Crown or organisation did not seek that amendment or clarification within 7 working days after receiving the original request. 7: Section 16 amended (Documents) After section 16(1) 1A: Subject to subsections (2) and (3), information made available in any of the ways listed under subsection (1) may be made available in electronic form or by electronic means. 8: Section 18 amended (Refusal of requests) In section 18(e) or , despite reasonable efforts to locate it, 9: Section 28 amended (Functions of Ombudsmen) 1: Replace section 28(4) 4: For the purposes of subsection (1)(a), a refusal to make official information available includes, without limitation, a failure by a department or Minister of the Crown or organisation to comply with section 15(1)— a: as soon as is reasonably practicable, or at the latest within 20 working days, after receiving a request; or b: within an extended time limit notified under section 15A(3) to the person who requested the information. 2: After section 28(5 6: If an Ombudsman receives a complaint that a department or Minister of the Crown or organisation has refused to make official information available for any of the reasons specified in section 18(e) to (g), the Ombudsman may notify the Chief Archivist appointed under the Public Records Act 2005.

DLM6477601

2015

Biosecurity Amendment Act (No 2) 2015

1: Title This Act is the Biosecurity Amendment Act (No 2) 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Biosecurity Act 1993 principal Act 2015-05-28 Biosecurity Act 1993 4: Section 9 amended (Powers of responsible Minister) In section 9(1)⁠(d) section 137(1) section 137(1) or section 140AA(3) 5: Sections 140AA and 140AB inserted After section 140 140AA: Levies for recovering border processing costs 1: In this section, traveller 2: Every traveller who arrives in New Zealand on or after 1 January 2016 is liable, while there is a levy order in force under subsection (3) 3: The Governor-General may, by Order in Council, on the recommendation of the responsible Minister, make a levy order prescribing— a: the rate of levy or the basis on which the rate is to be calculated or ascertained; and b: insofar as the order does not set an actual rate, how the actual rate of the levy is to be set; and c: when and how the levy is to be paid; and d: how the rate of levy, and any variation of the rate, is to be notified. 4: The responsible Minister must, before recommending that a levy order be made under this section, consult with persons who the Minister believes are representative of interests likely to be affected substantially by the order. 5: A levy order must not be made in respect of the costs that are otherwise recovered or otherwise to be recovered under this Act or the Airports (Cost Recovery for Processing of International Travellers) Act 2014. 6: A levy order made under this section— a: is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012; and b: must be presented to the House of Representatives under section 41 of that Act. 7: To avoid doubt, this section does not limit section 135 or 137. 140AB: Contents of border processing levy order A levy order under section 140AA a: prescribe different rates of levy, on any differential basis, for different persons or different classes of persons: b: prescribe a maximum rate or maximum rates of levy: c: exempt certain persons or classes of persons from the requirement to pay the levy: d: prescribe persons responsible for collecting the levy from those primarily responsible for paying it: e: allow persons collecting the levy to recover the costs of collecting the levy and, if so, prescribe the basis on which those costs are to be calculated or ascertained: f: require that returns be made to the Director-General or some other person or body to enable amounts of levy payable to be calculated, determined, or verified: g: provide, subject to such conditions as may be prescribed, for extensions of time for the payment of levy: h: provide for the payment of additional or increased levy in the event of late payment or non-payment: i: provide for circumstances in which levy paid may be refunded: j: require that levy funds payable be held on trust in separate accounts. 6: Section 140A amended (Trust accounts for levy money payable to Director-General) In section 140A section 137 section 137 or 140AA 7: Section 141 amended (Effect of levy order) 1: In section 141 section 137 section 137 or 140AA 2: In section 141(a) for paying the levy to the Director-General for paying or collecting the levy 3: In section 141(b) for paying it for paying or collecting it 8: Section 141A amended (Orders to provide for records to be kept for Director-General's levy) In section 141A section 137 section 137 or 140AA 9: Section 141B amended (Compliance audits for Director-General's levy) In section 141B section 137 section 137 or 140AA 10: Section 154N amended (Section 154N offences) In section 154N(15) and (16) and 137 137, and 140AA

DLM6485700

2015

Housing Corporation (Social Housing Reform) Amendment Act 2015

1: Title This Act is the Housing Corporation (Social Housing Reform) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Housing Corporation Act 1974 principal Act 2015-05-28 Housing Corporation Act 1974 4: Section 3B amended (Objectives of Corporation) 1: In section 3B(a)(iii) ; and 2: Repeal section 3B(b) 5: Section 18 amended (Functions of Corporation) 1: In section 18(2)(j) related to housing (but not for the purpose of advising the Minister of Housing on those matters) 2: Repeal section 18(2)(k)

DLM6542702

2015

Land Transport (Speed Limits Validation and Other Matters) Act 2015

1: Title This Act is the Land Transport (Speed Limits Validation and Other Matters) Act 2015. 2: Commencement This Act comes into force on the date on which it receives the Royal assent. 1: Preliminary provisions 3: Purpose The purpose of this Act is to— a: remove any doubt about the validity of speed limits set by road controlling authorities (including the designation of areas as urban traffic areas in which roads are subject to speed limits); and b: protect enforcement action taken under those bylaws; and c: provide clear authority for the setting of speed limits by road controlling authorities in the future. 4: Interpretation In this Act, unless the context otherwise requires,— local authority section 5(1) road controlling authority section 2(1) specified bylaw section 5 speed limit Speed Limit Rule 2003 urban traffic area 5: Meaning of specified bylaw In this Act, specified bylaw a: means a bylaw— i: that was made or purportedly made by a road controlling authority during the period beginning on 5 April 2004 and ending on the day before the date of commencement of this Act (whether or not the bylaw was, immediately before the commencement of this Act, in force or purportedly in force); and ii: that was so made or purportedly made under any 1 or more of the Government Roading Powers Act 1989 Local Government Act 1974 Local Government Act 2002 Land Transport Act 1998 iii: that sets a speed limit or designates an urban traffic area; but b: does not include a bylaw that was so made or purportedly made by a road controlling authority under any other Act that sets a speed limit or designates an urban traffic area, regardless of whether the bylaw was also purportedly made under the Speed Limit Rule 2003. 2: Validations and related amendments Specified bylaws 6: Validation of specified bylaws, etc 1: Every specified bylaw is declared to have been lawfully made and to be and always have been valid despite any 1 or more of the following circumstances applying to it: a: the enactment or enactments under which the bylaw was made or purportedly made did not provide the statutory authority to make the bylaw: b: the bylaw was made or amended using a process that did not comply with— i: the enactment or enactments under which it was made or purportedly made; or ii: any other applicable enactment: c: as far as the bylaw was made or purportedly made under the Local Government Act 1974 Local Government Act 2002 i: was not reviewed by the relevant local authority as required under section 158 159 ii: has been revoked by the operation of section 160A 2: To avoid doubt, every speed limit set by a specified bylaw validated under subsection (1) and every designation of an urban traffic area is declared to be and to always have been lawfully set or designated. 3: No designation of an urban traffic area under section 10.1(1) of the Speed Limit Rule 2003 or speed limit referred to in section 10.1(2) of the Speed Limit Rule 2003 is invalid solely because it was not designated or validated in accordance with section 10.1(7) of that rule before 1 July 2009. 4: A specified bylaw to which subsection (1)(c) applies must, despite section 160A 7: Specified bylaws to be treated as made under section 22AB of Land Transport Act 1998 1: Every specified bylaw (including a specified bylaw validated under section 6 a: under section 22AB b: in compliance with sections 22AD 22AE 2: To avoid doubt, sections 158 to 160A Enforcement actions 8: Enforcement action taken under specified bylaw To avoid doubt, an enforcement action taken before the commencement of this Act must not be treated as invalid only because, at the time the circumstances giving rise to the enforcement action occurred or the enforcement action was taken,— a: in the case of a specified bylaw, 1 or more of the circumstances described in section 6(1)(a) to (c) b: in the case of a speed limit to which section 6(3) 9: Savings for certain legal proceedings 1: This Act does not limit any proceedings that expressly challenge the validity of an enforcement action on any of the grounds specified in subsection (2) if those proceedings were commenced, and contained any of those grounds, before the date on which the Land Transport (Speed Limits Validation and Other Matters) Bill was introduced into the House of Representatives. 2: The grounds are— a: that any 1 or more of the circumstances described in section 6(1)(a) to (c) b: that an urban traffic area had not been designated or speed limit validated as described in section 6(3) Related amendments to Land Transport Act 1998 10: Amendments to Land Transport Act 1998 Sections 11 12 2015-07-22 Land Transport Act 1998 Sections 11 and 12 amend the Land Transport Act 1998. 11: Section 22AB amended (Road controlling authorities may make certain bylaws) Replace section 22AB(1)(d) d: for the safety of the public or for the better preservation of any road,— i: fixing the maximum speed of vehicles or of specified classes of vehicles on any road: ii: designating any area, where that designation will have the effect of determining the speed limit in that area: 12: Section 22AD amended (Consultation) Replace section 22AD(1) 1: Section 156 of the Local Government Act 2002 applies to a bylaw under section 22AB made by a road controlling authority that is a local authority as if that bylaw had been made under that Act. 1A: Section 9(4) and (5) of the Airport Authorities Act 1966 applies to any bylaw made under section 22AB by a local authority or an airport authority in respect of an airport operated by that local authority or airport authority.

DLM6350500

2015

Appropriation (2013/14 Confirmation and Validation) Act 2015

1: Title This Act is the Appropriation (2013/14 Confirmation and Validation) Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Purpose The purpose of this Act is— a: to confirm financial matters relating to the 2013/14 financial year; and b: to validate other financial matters relating to the 2013/14 financial year and previous financial years. 4: Interpretation 1: In this Act, 2013/14 financial year 2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989 5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations The Public Finance (Transfers Between Outputs) Order 2014 2015-05-07 Public Finance (Transfers Between Outputs) Order 2014 Confirmed 6: Confirmation of expenses incurred in excess of existing appropriations and approved by Minister of Finance 1: The incurring of expenses approved by the Minister of Finance under section 26B 2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1 3: The amounts of the approved expenses are shown in column 4 of Schedule 1 7: Validation of unappropriated expenses incurred with authority 1: The incurring of expenses by the department in the circumstances set out in subsection (2) is validated. 2: The circumstances are that,— a: for the 2013/14 financial year, the department incurred expenses without appropriation, or other authority, by or under an Act (except as provided in paragraph (b) Schedule 2 b: the expenses referred to in paragraph (a) were incurred under the authority of an Imprest Supply Act. 3: In this section,— department Schedule 2 expenses Schedule 2 8: Validation of unappropriated expenses and capital expenditure incurred without authority 1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2) is validated. 2: The circumstances are that,— a: for the 2013/14 financial year, the department incurred— i: expenses or capital expenditure in excess of the existing appropriations set out in column 3 of Schedule 3 ii: expenses or capital expenditure without appropriation, or other authority, by or under an Act against the categories of expenses or capital expenditure set out in column 3 of Schedule 4 b: the expenses and capital expenditure referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act. 3: In this section,— capital expenditure Schedule 3 4 department Schedule 3 4 expenses 9: Validation of unappropriated expenses incurred without authority in respect of Vote Māori Affairs 1: The incurring of expenses by Te Puni Kōkiri in the circumstances set out in subsection (2) 2: The circumstances are that— a: Te Puni Kōkiri incurred non-departmental other expenses of— i: $7,000 for the financial year ending with 30 June 2013; and ii: $7,000 for the 2013/14 financial year; and b: each of the amounts referred to in paragraph (a) clause 6 10: Validation of unappropriated expenses incurred without authority in respect of Vote Revenue 1: The incurring of expenses by the Inland Revenue Department in the circumstances set out in subsection (2) 2: The circumstances are that— a: the Inland Revenue Department incurred benefits and other unrequited expenses of $2 million for the financial year ending with 30 June 2003; and b: the amount referred to in paragraph (a) i: was incurred for paid parental leave payments in respect of Vote Revenue without appropriation, or other authority, by or under an Act; and ii: is in addition to the amount referred to in section 9(2)(a)(i) 11: Validation of unappropriated expenses incurred without authority in respect of Vote Attorney-General 1: The incurring of expenses by the Crown Law Office in the circumstances set out in subsection (2) 2: The circumstances are that— a: the Crown Law Office incurred departmental output expenses of $225,000 for the financial year ending with 30 June 2013; and b: the amount referred to in paragraph (a) 12: Validation of unappropriated expenses incurred without authority in respect of Vote Employment 1: The incurring of expenses by the Ministry of Business, Innovation, and Employment in the circumstances set out in subsection (2) 2: The circumstances are that— a: the Ministry of Business, Innovation, and Employment incurred departmental output expenses of $230,000 for the financial year ending with 30 June 2013; and b: the amount referred to in paragraph (a) 13: Validation of departmental net asset holding 1: The excess amount of net asset holding described in subsection (2) in a department is validated. 2: The excess amount of net asset holding is the amount of net assets, as set out in column 3 of Schedule 5 3: In this section,— department Schedule 5 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 5

DLM6481202

2015

Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015

1: Title This Act is the Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Housing Restructuring and Tenancy Matters Act 1992 principal Act 2015-05-28 Housing Restructuring and Tenancy Matters Act 1992 4: Section 2 amended (Interpretation) In section 2(1) reimbursement agreement section 85(1) section 98(1) tailored agreement section 137A 5: Section 70 amended (Purpose of this Part and Parts 8 to 10) After section 70(2)⁠(c) ca: provide flexibility for the social housing agency and social housing providers to enter into tailored agreements for the provision of social housing and any related services, subject to ministerial direction: 6: Section 85 amended (Reimbursement of HNZ) 1: In the heading to section 85 of agreements with 2: In section 85 2: However, subsection (1) does not apply to the extent (if any) that a tailored agreement covers the provision by HNZ of housing and related services to persons who pay income-related rents rather than market rents for the housing. ( See section 137A 7: Section 98 amended (Reimbursement of registered community housing providers) 1: In the heading to section 98 of agreements with 2: In section 98 2: However, subsection (1) does not apply to the extent (if any) that a tailored agreement covers the provision by the registered community housing provider of social housing and related services to any persons paying income-related rents. ( See section 137A 8: Section 102 amended (Ministerial directions to agency) 1: In section 102(1) a: replace the income-related rent subsidy the funding by way of payments under reimbursement agreements and tailored agreements b: delete using the subsidy 2: After section 102(1) 1A: The Minister responsible for the agency may, in consultation with the joint Ministers and for the following purposes, give to the agency directions in accordance with which the agency may enter into a tailored agreement under section 137A 1B: The purposes of a direction under subsection (1A) are to enable flexible purchasing approaches by the agency and to promote social housing outcomes that reflect the diverse needs of tenants and the diverse range of existing social housing providers and potential providers. 1C: Without limiting the generality of subsection (1A), a direction under that subsection may— a: relate to any 1 or more social housing providers or to any particular social housing provider or providers: b: relate to all social housing and related services, or state the social housing and related services to which it relates (for example, by type or number or location): c: relate to the provision of social housing now and into the future whether or not the social housing services sought relate to existing or anticipated premises or to premises currently owned by the social housing provider. 3: In section 102(4) under this section under subsection (1), (2), or (3) 4: Replace section 102(6) 6: The agency must, in carrying out functions under this Act, give effect to any directions that are given to it under this section and that are signed by the Minister or Ministers who may give the directions. 9: New section 137A and cross-heading inserted After section 137 Flexible purchasing 137A: Tailored agreements with social housing providers The agency may, for the purposes of and in accordance with a direction under section 102(1A) 10: Section 162 amended (Ministerial directions to authority) In section 162(1)⁠(a) a: replace the income-related rent subsidy the funding by way of payments under reimbursement agreements and tailored agreements b: delete through the subsidy 11: Section 166 amended (Approval of registration) Replace section 166(4)⁠(a) a: funding by way of payments under reimbursement agreements and tailored agreements: 12: Section 169 amended (Suspension of registration) Replace section 169(3)⁠(b) b: the provider may be paid under a reimbursement agreement or a tailored agreement, subject to the terms of the agreement: 13: Section 171 amended (Procedure for revocation) In section 171(3) income-related rent subsidies payments under reimbursement agreements or tailored agreements 14: Section 190 amended (Regulations relating to community housing providers) 1: Replace section 190(1)⁠(b)⁠(i) i: funding by way of payments under reimbursement agreements and tailored agreements: 2: In section 190(1)⁠(i) the income-related subsidy funding by way of payments under reimbursement agreements and tailored agreements Consequential amendments 15: Consequential amendment to Housing Corporation Act 1974 1: This section amends the Housing Corporation Act 1974 2: Replace section 20B(1)⁠(b) b: if the policy is for the Corporation to provide housing and related services to persons who are to be required to pay income-related rents rather than market rents for the housing, the notice or agreement concerned must state that the housing and related services are to be provided in return for the payment by the Crown to the Corporation of either— i: the difference between the amounts of market rents for the housing and the income-related rents charged; or ii: an alternative price, set out in that notice or agreement, that has been agreed to by the Corporation. 2015-05-28 Housing Corporation Act 1974 16: Consequential amendments to Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 1: This section amends the Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014 2: In regulation 4(1) income-related rent subsidies funding by way of payments under reimbursement agreements and tailored agreements 3: In regulation 6(2)⁠(c) the income-related rent subsidy funding by way of payments under reimbursement agreements and tailored agreements 2015-05-28 Housing Restructuring and Tenancy Matters (Community Housing Provider) Regulations 2014

DLM6403500

2015

Local Government Act 2002 Amendment Act 2015

1: Title This Act is the Local Government Act 2002 Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act Local Government Act 2002 principal Act 2015-03-26 Local Government Act 2002 4: Section 169A amended (Proving substance is alcohol in relation to alleged breach of alcohol ban) In section 169A(3)(b) given served on the prosecution 5: Schedule 3 amended 1: In Schedule 3 not earlier than 10 February and not later than 17 February not earlier than 17 February and not later than 24 February 2: In Schedule 3 not earlier than 7 March and not later than 14 March not earlier than 14 March and not later than 21 March 3: In Schedule 3 not earlier than 4 April and not later than 11 April not earlier than 11 April and not later than 18 April 4: In Schedule 3 82 days 89 days

DLM5174801

2015

Animal Welfare Amendment Act (No 2) 2015

1: Title This Act is the Animal Welfare Amendment Act (No 2) 2015. 2: Commencement 1: Sections 5(5) 23 to 26 56 a: a date appointed by the Governor-General by Order in Council: b: 5 years after the date on which this Act receives the Royal assent. 1A: Sections 5(1) and (6) 9 11(2) 13(1) 14 to 19 29(1) 68(2) a: a date appointed by the Governor-General by Order in Council: b: 9 May 2021. 2: Sections 6 8 41(1), (2), and (4) 3: Section 41(3) 4: Section 46(1) 5: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 6: One or more Orders in Council may be made under subsection (1), (1A), or (2) Section 2(1)(a) brought into force 25 August 2016 clause 2 Animal Welfare Amendment Act (No 2) 2015 Commencement Order 2016 Section 2(1) amended 30 April 2020 section 31(1) COVID-19 Response (Taxation and Other Regulatory Urgent Measures) Act 2020 Section 2(1A) inserted 30 April 2020 section 31(2) COVID-19 Response (Taxation and Other Regulatory Urgent Measures) Act 2020 Section 2(6) amended 30 April 2020 section 31(3) COVID-19 Response (Taxation and Other Regulatory Urgent Measures) Act 2020 3: Principal Act This Act amends the Animal Welfare Act 1999 principal Act 2021-05-09 Animal Welfare Act 1999 Sections 5(1) and (6), 9, 11(2), 13(1), 14 to 19, 29(1), and 68(2). Can be brought into force earlier by OIC. See section 2(1A). 2020-05-09 Animal Welfare Act 1999 Sections 5(5), 23 to 26, and 56. Can be brought into force earlier by OIC. See section 2(1). OIC LI 2016/172 2016-08-25 Animal Welfare Act 1999 Sections 23–26. See section 2(1) and LI 2016/172. 2018-01-01 Animal Welfare Act 1999 Sections 6, 8, 41(1), (2), (4). See section 2(2). 2015-11-09 Animal Welfare Act 1999 Section 41(3). See section 2(3) 2015-08-09 Animal Welfare Act 1999 Section 46(1). See section 2(4). 2015-05-10 Animal Welfare Act 1999 The rest of the Act. See section 2(5). 1: Amendments to principal Act 4: Long Title amended Replace paragraph (a)(i) of the Long Title (i) to recognise that animals are sentient: (ia) to require owners of animals, and persons in charge of animals, to attend properly to the welfare of those animals: 5: Section 2 amended (Interpretation) 1: In section 2(1) controlled surgical procedure 2: In section 2(1) cosmetic a: means any finished product that is used or represented for use for the primary purpose of cleansing, improving the attractiveness of, changing the appearance of, perfuming, moisturising, or deodorising the skin, hair, nails, or other external parts of the human body, human teeth, or the mucous membranes of the human mouth, whether or not the product is or contains any substance, mixture of substances, or thing; and b: includes any substance, mixture of substances, or thing declared to be a cosmetic by regulations made for that purpose under section 183; but c: does not include— i: a medicine, as defined in section 3 of the Medicines Act 1981; or ii: a medical device, as defined in section 3A of that Act; or iii: a related product, as defined in section 94 of that Act; or iv: an agricultural compound or a veterinary medicine, as those terms are defined in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997; or v: a food, as defined in section 9 of the Food Act 2014 or a drink within the meaning of that section; or vi: toothpaste; or vii: any substance, mixture of substances, or thing declared not to be a cosmetic by regulations made for that purpose under section 183 3: In section 2(1) device means any explosive (not being a firearm as defined in section 2 of the Arms Act 1983), incendiary device, or 4: In section 2(1) infringement offence infringement offence a: an offence against section 36(3) b: any other offence created by or under this Act that is declared by regulations made under this Act to be an infringement offence for the purposes of this Act 5: In section 2(1) infringement offence infringement offence a: an offence against section 36(3) b: an offence against section 156I(1) c: any other offence created by or under this Act that is declared by regulations made under this Act to be an infringement offence for the purposes of this Act 6: In section 2(1) restricted surgical procedure significant surgical procedure 7: In section 2(1) substance 6: Section 3 amended (Definition of manipulation) 1: In section 3(1) subsections (2) and (3) subsections (1A) 2: After section 3(1) 1A: The term defined by subsection (1) includes the killing of an animal (other than an animal in a wild state) for the purpose of interfering with the animal's body or its tissues in a manner specified in that subsection. 1B: The term defined by subsection (1) also includes the breeding or production of an animal using any breeding technique (including genetic modification) that may result in the birth or production of an animal that is more susceptible to, or at greater risk of, pain or distress during its life as a result of the breeding or production. 3: After section 3(2) 2A: Subsection (1A) a: while exercising powers under the Biosecurity Act 1993 for the purposes specified in section 121(1A) of that Act; or b: while exercising powers or performing functions for the purposes of a response activity carried out under the Biosecurity Act 1993, being an activity undertaken after any event described in subsection (2B) subsection (2C) 2B: The events concerned are— a: the detection of an unwanted organism not previously known to be present in New Zealand: b: the appearance of different effects of an unwanted organism known to be present in New Zealand and capable of being eradicated. 2C: The purposes concerned are— a: to investigate the unwanted organism: b: to minimise the impact of the unwanted organism on natural and physical resources, human health, and overseas market access for New Zealand products: c: to control the spread of the unwanted organism: d: to reduce the geographical distribution of the unwanted organism: e: to eradicate the unwanted organism. 4: Repeal section 3(2)(c) 7: Section 4 amended (Definition of physical, health, and behavioural needs) Replace section 4(a) a: proper and sufficient food: ab: proper and sufficient water: 8: Section 5 amended (Definition of research, testing, and teaching) 1: In section 5(1) subsections (2) to (4) subsections (1A) 2: In section 5(1)(c) animal ; or 3: After section 5(1)(c) d: any routine breeding of animals that may result in the birth or production of an animal that is more susceptible to, or at greater risk of, pain or distress during its life, being breeding for the purpose of carrying out any work or teaching of a type specified in paragraphs (a) to (c) on any offspring. 4: After section 5(1) 1A: The term defined by subsection (1) includes any work of a kind described in subsection (1)(a) or (b) carried out on the body or tissues of an animal after the animal was killed for the purpose, if the killing of the animal was a manipulation under section 3(1A) 1B: A reference in subsection (1) to a manipulation of an animal includes a reference to the act of breeding or producing the animal in a way described in section 3(1B) 1C: In applying subsection (1) in relation to a manipulation described in section 3(1B) 5: After section 5(2) 2A: Subsection (2)(a) does not apply in relation to a manipulation described in section 3(1A) 9: Sections 6 and 7 repealed Repeal sections 6 7 10: New section 8A inserted (Transitional and savings provisions relating to amendments to Act) After section 8 8A: Transitional and savings provisions relating to amendments to Act The transitional and savings provisions set out in Schedule 4 Animal Welfare Amendment Act (No 2) 2015 11: Section 9 amended (Purpose) 1: In section 9(2)(b) , where practicable, 2: Replace section 9(2)(d) and (e) d: contemplates that regulations will prohibit or impose requirements on the surgical or painful procedures that may be performed on animals; and e: contemplates that regulations will prescribe the persons or classes of persons who may perform surgical or painful procedures on animals; and 12: Section 11 amended (Obligation to alleviate pain or distress of ill or injured animals) In section 11(1) , where practicable, 13: Section 15 amended (Restriction on performance of surgical procedures) 1: In section 15(1) section 18(1) regulations made under section 183B 2: Replace section 15(1)(b) b: a person who is acting under the direct supervision of a veterinarian and who is a student undergoing his or her training to become a veterinarian. 3: In section 15(3) Parts 2 and 6 and to any regulations made under section 183B 14: Section 16 replaced (Criteria to determine whether procedure is significant surgical procedure) Replace section 16 16: Criteria to determine whether procedure is significant surgical procedure If any person has to determine whether a procedure carried out on an animal is a significant surgical procedure under this Act, the person must determine the question by considering the following criteria: a: whether the procedure has the potential to— i: cause significant pain or distress; or ii: cause serious or lasting harm, or loss of function, if not carried out by a veterinarian in accordance with recognised professional standards; and b: the nature of the procedure, including whether this involves— i: a surgical or operative procedure below the surface of the skin, mucous membranes, or teeth or below the gingival margin; or ii: physical interference with sensitive soft tissue or bone structure; or iii: significant loss of tissue or loss of significant tissue. 15: Sections 17 to 20 repealed Repeal sections 17 to 20 16: Section 21 replaced (Surgical procedure offences) Replace section 21 21: Surgical procedure offences A person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with— a: section 15(1) or (2); or b: section 15(4). 1960 No 30 s 3(ma); 1971 No 48 s 3(3)(s) 17: Section 24 amended (Defence and rebuttable evidence) In section 24 section 21(1)(b) section 21(b) 18: Section 25 amended (Penalties) In section 25 section 21(1) or section 21(2) section 21 19: Section 29 amended (Further offences) Repeal section 29(b) and (f) 20: New sections 30A to 30E inserted After section 30 Ill-treating, hunting, or killing wild animals or animals in wild state 30A: Wilful or reckless ill-treatment of wild animals or animals in wild state 1: A person commits an offence if the person wilfully ill-treats a wild animal or an animal in a wild state. 2: A person commits an offence if the person recklessly ill-treats a wild animal or an animal in a wild state. 3: A defendant has a defence to a prosecution for an offence against subsection (1) or (2) 4: In determining whether wilful or reckless ill-treatment of an animal has occurred, a court may treat an act or omission as lawful (and not subject to subsection (1) or (2) a: the act or omission was done in the course of performing functions for the purposes of another Act; and b: not to treat the act or omission as lawful would be contrary to the purpose and principles of that Act. 5: Nothing in subsection (1) or (2) a: a wild animal in captivity (other than in captivity in a safari park); or b: the accidental or inadvertent killing or harming of an animal; or c: any act or omission necessary to protect a person's life or safety. 6: Nothing in subsection (1) or (2) 7: A person who commits an offence against subsection (1) a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both: b: in the case of a body corporate, to a fine not exceeding $500,000. 8: A person who commits an offence against subsection (2) a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000, or to both: b: in the case of a body corporate, to a fine not exceeding $350,000. 30B: Hunting or killing 1: Nothing in this Act makes it unlawful to hunt or kill— a: any animal in a wild state; or b: any wild animal or pest in accordance with the provisions of— i: the Wildlife Act 1953; or ii: the Wild Animal Control Act 1977; or iii: the Conservation Act 1987; or iv: the Biosecurity Act 1993; or v: any other Act; or c: any other wild animal or pest; or d: any game animal in accordance with the provisions of the Game Animal Council Act 2013; or e: any fish caught from a constructed pond. 2: Subsection (1) sections 30A and 30C to 30E 1960 No 30 s 19(1)(c), (2) 30C: Hunting in safari parks 1: Nothing in this Act makes it unlawful to hunt a wild animal that is available for hunting in a safari park. 2: Subsection (1) subsection (3) and to sections 30A and 30E 3: Despite subsection (1) and section 30B 30D: Captured animals 1: If a person has in captivity an animal captured in a wild state (not being an animal that has been captured for the purpose of facilitating its imminent destruction), this Act applies in relation to that person as the person in charge of that animal. 2: If a person has in captivity an animal captured in a wild state (not being an animal caught by fishing) for the purpose of facilitating its imminent destruction, section 12(c) applies in relation to the killing of that animal. 3: Nothing in subsection (1) or (2) 4: Nothing in section 30B 30E: Certain provisions relating to traps and devices not excluded Sections 30B and 30C 21: Section 36 replaced (Obligations relating to traps) Replace section 36 36: Obligations relating to traps 1: A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must inspect that trap, or cause a competent person to inspect that trap, within 12 hours after sunrise on each day the trap remains set, beginning on the day immediately after the day on which the trap is set. 2: A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must— a: remove, or cause to be removed, any live animal found in that trap; or b: attend properly to the care of the animal or, without delay, kill the animal. 3: A person who, without reasonable excuse, fails to comply with subsection (1) 4: A person who, without reasonable excuse, fails to comply with subsection (2) 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. 22: Section 38 replaced (Purpose) Replace section 38 38: Purpose The purpose of this Part is to protect the welfare of animals being exported from New Zealand and to protect New Zealand's reputation as a responsible exporter of animals and products made from animals. 23: Section 41 repealed (Guidelines for issue of animal welfare export certificates) Repeal section 41 24: Section 43 amended (Consideration of application) 1: After section 43(k) ka: any regulations made under section 183C relating to the export of animals: kb: New Zealand's reputation as a responsible exporter of animals and products made from animals: 2: In section 43 2: The Director-General may, in considering any application under section 42, have regard to the following matters: a: the post-arrival conditions for the management of the animals in the importing country: b: the manner in which the welfare of any animals previously exported by the applicant was attended to during— i: the 30-day period commencing on the date of their arrival in the importing country; or ii: any lesser period after their arrival that the Director-General thinks fit. 25: Section 45 amended (Conditions) After section 45(1)(l) la: a condition requiring an exporter to provide a report on the way in which the animals were managed during their journey and to provide any specified information that the Director-General considers relevant: lb: a condition requiring an exporter to provide a report on the welfare of the animals and to provide any specified information that the Director-General considers relevant, for— i: the 30-day period commencing on the date of their arrival in the importing country; or ii: any lesser period after their arrival that the Director-General thinks fit: 26: Section 46 amended (Issue of animal welfare export certificate) In section 46 2: The failure to comply with any relevant regulations made under this Act is a sufficient ground on which the Director-General may— a: refuse to issue a certificate; or b: revoke or amend any certificate that has already been issued. 27: Section 54 amended (Offence) In section 54(1) refuses or 28: Section 55 amended (Purpose) 1: In section 55(2)(b) welfare ; and 2: After section 55(2)(b) c: recommend to the Minister that regulations be made under section 183A 29: Section 57 amended (Functions) 1: Replace section 57(b) b: to make recommendations to the Minister— i: under section 3(3) (which relates to manipulation); and ii: relating to the making of regulations under section 183B 2: In section 57(f) to promote, and to develop and promote, and 30: Section 71 amended (Public notification) Replace section 71(1) and (2) 1: The National Animal Welfare Advisory Committee must publicly notify a draft code of welfare if the Committee is satisfied that— a: the draft should proceed; and b: the draft complies with the purposes of this Act; and c: the draft is so clearly written as to be readily understood; and d: the draft indicates any matters that the Committee considers should be dealt with by regulations under this Act; and e: representatives of the persons likely to be affected by the draft have been consulted about it; and f: the Minister has approved the notification of the draft. 2: If the Committee decides not to proceed with a draft code prepared by any person other than the Committee, it must— a: give the person its reasons in writing for not proceeding; and b: notify the Minister of its decision. 31: Section 73 amended (Matters to be considered) Replace section 73(3) and (4) 3: In carrying out its functions under subsection (1), the National Animal Welfare Advisory Committee may take into account practicality and economic impact, if relevant. 4: The National Animal Welfare Advisory Committee may recommend to the Minister that regulations be made under section 183A(1)(a) (which relates to standards or requirements for the purposes of giving effect to Parts 1 and 2). 5: The National Animal Welfare Advisory Committee may recommend to the Minister the making of regulations under section 183A(2) (which relates to prescribing standards or requirements that do not fully meet specified obligations). 6: Before making a recommendation under subsection (5) section 183A 32: Section 74 amended (Recommendation to Minister) 1: In section 74(2)(c) Committee ; and 2: After section 74(2)(c) d: if applicable, those matters contained in, or related to, the code that the Committee considers should be dealt with by regulations under this Act. 33: Section 76 amended (Amendment or revocation of code of welfare) In section 76(1)(a) welfare or any part of a code of welfare 34: Section 78 amended (Review of code of welfare) 1: Replace section 78(1) 1: The National Animal Welfare Advisory Committee may at any time review the whole or any part of any code of welfare for the time being in force. 2: In section 78(3) code of welfare or part of the code 3: Repeal section 78(4) and (5) 35: Section 78A repealed (Review date may be extended) 1: Repeal section 78A 2: The Animal Welfare (Codes of Welfare—Review Date Extension) Order 2014 2015-05-10 Animal Welfare (Codes of Welfare—Review Date Extension) Order 2014 36: Section 81 amended (Effect of this Part) After section 81(2) 3: To avoid doubt, nothing in this Part applies in relation to the use of animals for any purpose that does not involve research, testing, or teaching. 37: New section 84A inserted (Prohibition on use of animals in research, testing, and teaching for making cosmetic) After section 84 84A: Prohibition on use of animals in research, testing, and teaching for making cosmetic 1: A person must not use an animal in any research, testing, or teaching that is for the purpose of— a: developing, making, or testing a cosmetic; or b: developing, making, or testing an ingredient that is intended exclusively for use in a cosmetic. 2: Subsection (1)(b) 3: A person commits an offence who contravenes subsection (1) 4: In a prosecution for an offence against this section, it is not necessary for the prosecution to prove that the defendant intended to commit the offence. 38: Section 87 replaced (Codes of ethical conduct) Replace section 87 87: Codes of ethical conduct 1: Any person referred to in subsection (2) may apply to the Director-General for approval of a code of ethical conduct in relation to the use of animals. 2: The persons are— a: any person who— i: is engaged in, or wishes to be engaged in, research, testing, or teaching; and ii: wishes to use animals in that research, testing, or teaching: b: any person who— i: is not directly engaged in research, testing, or teaching; but ii: wishes to enable a teaching organisation to use animals in research, testing, or teaching. 39: Section 89 amended (Application for approval) In section 89(1)(a) in which the applicant is engaged or proposes to be engaged to which the application relates 40: Section 96 (Amendment, suspension, or revocation) 1: In section 96(2)(a) teaching or no longer wishes to enable research, testing, or teaching to be carried out by another person 2: In section 96(2)(c) teaching or to enable research, testing, or teaching to be carried out by another person 41: Section 100 amended (Criteria) 1: In section 100(a) this Part , but the committee need not have regard to the purpose stated in section 80(1)(b) for any part of the project that involves manipulation to which section 3(1A) 2: In section 100(d) of animals) , but this paragraph does not apply to the killing of animals for the purpose of any project where research, testing, and teaching are to be performed on their bodies or tissues 3: After section 100(f) fa: the extent to which there has been— i: assessment of the suitability of using non-sentient or non-living alternatives in the project; and ii: replacement of animals as subjects with suitable non-sentient or non-living alternatives; and 4: In section 100 2: When an animal ethics committee considers approving a research, testing, and teaching project that involves manipulation to which section 3(1A) 42: Section 119 amended (Penalties) In section 119 section 83(2) or section 84A(3) 43: Section 122 amended (Criteria) 1: Replace section 122(1)(a) a: one of the purposes or roles of the organisation concerns the welfare of animals or a particular species of animal; and 2: After section 122(2) 3: The Minister may, in making a declaration under section 121, specify that the approval is given in respect of— a: only the species specified in the declaration; or b: all animals. 4: Nothing in this section obliges the Minister to make a declaration under section 121. 5: The Minister may, in making a declaration under section 121, impose, as conditions of the Minister's approval, any other conditions or requirements that relate to the organisation’s performance of its functions and powers that he or she considers necessary or desirable. 44: Section 123 amended (Amendment or revocation of declaration) 1: Replace section 123(1) 1: The Minister may from time to time, by notice in the Gazette a: the organisation no longer meets any 1 or more of the criteria set out in section 122; or b: the organisation has failed to comply with any condition imposed under section 122(2); or c: the organisation has failed to comply with any condition imposed under section 122(5) 2: In section 123(2)(a), (b), and (c) section 122(2) or (5) 45: New sections 123A to 123D inserted After section 123 123A: Appointment of auditors 1: The Director-General may appoint auditors to carry out audits of approved organisations for the purposes of this Act. 2: The Director-General may appoint as auditors only those persons who have appropriate experience, technical competence, and qualifications relevant to the audits. 3: Auditors may, but need not, be persons who are employed under the State Sector Act 1988. 123B: Audits 1: The Director-General must set terms of reference for audits of approved organisations. 2: Audits include examinations, investigations, and reviews. 3: Auditors conduct audits as to the previous and current positions, and as to the likely future position, of— a: an organisation’s ability to meet the criteria set out in section 122(1): b: compliance by an organisation and its inspectors and auxiliary officers with any relevant performance and technical standards for inspectors and auxiliary officers: c: an organisation's compliance with any memorandum of understanding established between the organisation and the Ministry: d: the exercise of any power, and the carrying out of any functions or duties, by any inspector or auxiliary officer of an organisation: e: an organisation's compliance with animal welfare law: f: compliance by an organisation and its inspectors and auxiliary officers with any direction issued by the Director-General under section 126: g: any other class or description of audit necessary to audit an organisation’s work or status as an approved organisation under this Act. 4: Any inspector, auxiliary officer, or employee of an organisation, and any other inspector or auxiliary officer, may be the subject of an audit. 123C: Auditors' general duties 1: An auditor must use his or her best endeavours to comply with and give effect to relevant performance or technical standards when exercising powers or carrying out functions or duties for the purposes of this Act. 2: An auditor must give the approved organisation that is to be audited a written notice of the audit and the terms of reference a reasonable time before the audit starts, unless giving notice would defeat the purpose of the audit. 3: The auditor must conduct the audit within the terms of reference. 123D: Auditors' powers 1: An auditor may exercise the powers in this section for the purposes of an audit. 2: The Director-General may give the approved organisation that is to be audited a written notice to appear before an auditor at a time and place specified in the notice. 3: If the Director-General acts under subsection (2) 4: An auditor may examine the systems, processes, and records of the approved organisation. 5: The approved organisation must ensure that the auditor— a: has full access to all books and records in the possession or under the control of the organisation and to any place where any such books or records are kept; and b: is able to examine or audit any books or records, and take copies or extracts from them; and c: has full access to facilities (for example, animal shelters) that are maintained so that the organisation can fulfil its duties under this Act, and is able to take samples and records from facilities and animals kept there as provided in section 127; and d: has full access to any other thing that relates to the organisation’s performance of duties under this Act and the organisation's ability to meet the criteria set out in section 122(1). 46: Section 124 amended (Appointment of inspectors) 1: Replace section 124(1) 1: The Director-General may from time to time appoint persons employed in the State sector to be inspectors for the purposes of this Act. 2: Replace section 124(3)(a) a: must be appointed either— i: for particular purposes of this Act specified in the inspector's instrument of appointment, which may include the exercise of particular powers of inspectors under this Act or relate to a particular species; or ii: for the general purposes of this Act; and 3: After section 124(6)(a) aa: may at any time be suspended from office by the Minister if he or she considers it desirable to do so pending the investigation of a complaint relating to— i: the inspector's performance of his or her functions or duties; or ii: any suspected neglect of duty or misconduct of the inspector: 4: After section 124(6) 6A: If the Minister suspends an inspector under subsection (6)(aa) a: that the inspector's appointment is suspended; and b: either— i: the period of the suspension; or ii: that suspension is for an indefinite period; and c: the reasons for the suspension. 47: Section 125 amended (Appointment of auxiliary officers) After section 125(2) 2A: The Director-General may at any time suspend a person's appointment as an auxiliary officer. 48: Section 127 amended (Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships) 1: After section 127(4) 4A: If an inspector exercises a power of entry under subsection (1), the inspector may take any photographs, sound or video recordings, drawings, or other records (whether paper-based or electronic) of anything relevant to, and observed during, an inspection. 4B: If an inspector exercises a power of entry under subsection (1), the inspector may take— a: the carcass of or tissue or other bodily samples (for example, blood samples) from any dead animal found during an inspection: b: tissue or other bodily samples (for example, blood samples) from any live animal found during the inspection. 2: After section 127(5)(a) aa: the owner of the animal is already disqualified from owning an animal under this Act; or 3: In section 127(5)(b) ship,— ship; or 4: After section 127(5)(b) c: the animal is at clear risk of imminent harm,— 49: Section 130 amended (Power to prevent or mitigate suffering) 1: After section 130(1) 1A: If an inspector proposes to destroy, or require the destruction of, an animal under subsection (1), the inspector must ensure that the process in section 138 is followed before the animal is destroyed (as if that section applied). 1B: Without limiting section 185, a notice under subsection (1)(b) may be served on a person by— a: delivering it personally to the person: b: delivering it to the person at the person's usual or last-known place of residence or business: c: sending it by fax or email to the person's fax number or email address: d: posting it in a letter addressed to the person at the person's usual or last-known place of residence or business. 1C: The following provisions apply to service as described in subsection (1B) a: service on an officer of a body, or on the body's registered office, is deemed to be service on the body: b: service on any of the partners in a partnership is deemed to be service on the partnership: c: service by post is deemed to occur at the time at which the notice would have been delivered in the ordinary course of the post. 2: In section 130(2) refuses or 50: Section 133 amended (Powers conferred by search warrant) After section 133(4) 4A: If an inspector proposes to destroy, or require the destruction of, an animal under subsection (4), the inspector must ensure that the process in section 138 is followed before the animal is destroyed (as if that section applied). 51: Section 136 amended (Disposal of things seized) In section 136(1)(b) section 127(5) section 127 52: Section 136A amended (Disposal of animals seized or taken into custody prior to commencement or determination of proceedings) In section 136A(1)(a) section 127(5) section 127 53: Section 138 amended (Destruction of injured or sick animals (other than marine mammals)) In section 138(4) other veterinarian veterinarian giving that opinion 54: Section 141 amended (Duties of approved organisation) 1: After section 141(1) 1A: Subsection (1B) a: an owner of an animal, or a person acting as the agent of an owner of an animal, gives the animal into the temporary custody of an approved organisation; and b: an arrangement exists for the return of the animal to the owner or the owner's agent; and c: the owner or the owner's agent does not return to reclaim custody of that animal as agreed. 1B: If this subsection applies, the approved organisation may sell, re-home, or dispose of (including destroy) the animal in any manner that an inspector or auxiliary officer acting for the organisation thinks fit if— a: the approved organisation has taken reasonable steps to locate and contact the owner; and b: either— i: the approved organisation has been unable to locate or contact the owner; or ii: the approved organisation has located and attempted to contact the owner, but the owner will not respond; and c: the approved organisation has given the owner written notice of its intention to sell, re-home, or otherwise dispose of (including destroy) the animal in accordance with the provisions of subsection (3) d: the owner has not, within the period specified in the notice, reclaimed the animal and paid any costs incurred by the organisation and specified in the notice. 2: After section 141(2)(a) aa: at any time, sell, re-home, or otherwise dispose of (including destroy) the animal in any manner that the inspector or auxiliary officer thinks fit if— i: the animal is wild or unsocialised; and ii: the animal is severely distressed; and iii: in the opinion of a veterinarian, the animal’s distress is a direct result of being contained to the extent that it would be unreasonable and unnecessary to continue to contain the animal: 3: In section 141(5) subsection (2) or subsection (4) subsection (1B) 55: New sections 156A to 156I and cross-heading inserted After section 156 Compliance notices 156A: Scope 1: An inspector may issue a compliance notice to a person. 2: A compliance notice may— a: require the person to cease doing something that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or b: prohibit the person from starting something that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or c: prohibit the person from doing something again that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or d: prohibit the person from having something done on the person's behalf that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or e: prohibit the person from having something done on the person's behalf again that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or f: require the person to do something that the inspector reasonably believes is necessary to ensure that the person complies with this Act or any regulations made under it. 1993 No 95 s 154 156B: Content A compliance notice must state— a: the name of the person to whom it is issued; and b: the reasons why the inspector issued it; and c: the requirement or prohibition in section 156A(2) imposed by the inspector; and d: one of the following: i: for a requirement, the period, if any, within which the requirement must be achieved, which must start on the day on which the notice is served and end after a time that is reasonable for the achievement of the requirement; or ii: for a prohibition, the time and date, if any, from which the prohibition is to take effect; and e: the conditions, if any, imposed by the inspector; and f: the consequences of not complying with the notice; and g: the rights of appeal in section 156F; and h: the name and address of the agency whose inspector issued the notice. 1993 No 95 s 154A 156C: Service 1: An inspector who issues a compliance notice must ensure that it is served on the person to whom it is issued. 2: Without limiting section 185, a compliance notice may be served by— a: delivering it personally to the person: b: delivering it to the person at the person's usual or last-known place of residence or business: c: sending it by fax or email to the person's fax number or email address: d: posting it in a letter addressed to the person at the person's usual or last-known place of residence or business. 3: The following provisions apply to service as described in subsection (2) a: service on an officer of a body, or on the body's registered office, is deemed to be service on the body: b: service on any of the partners in a partnership is deemed to be service on the partnership: c: service by post is deemed to occur at the time at which the notice would have been delivered in the ordinary course of the post. 1993 No 95 s 154B 156D: Compliance The person to whom a compliance notice is issued must— a: comply with the notice; and b: do so within the period stated in the notice, if a period is stated; and c: pay all the costs and expenses of complying with the notice, unless the order states otherwise. 1993 No 95 s 154C 156E: Change or cancellation 1: A compliance notice may be changed or cancelled under subsection (2) subsection (3) 2: If the Director-General receives a written application from the person to whom the notice was issued to change or cancel the notice, the Director-General— a: must consider the application as soon as practicable and in any event within 10 working days after the date on which the application is received, having regard to— i: the purpose for which the notice was issued; and ii: the effect of a change or cancellation on the purpose; and iii: any other matter he or she thinks fit: b: may confirm, change, or cancel the notice: c: must give the person to whom the notice was issued written notice of the confirmation, change, or cancellation. 3: The Director-General— a: may cancel the notice if he or she considers that the notice is no longer required; and b: must give the person to whom the notice was issued written notice of the cancellation. 4: An application to change or cancel a compliance notice does not operate as a stay of the notice. 1993 No 95 s 154D 156F: Appeal to District Court 1: The following persons may appeal to a District Court: a: the person to whom a compliance notice was issued under section 156A: b: a person whose application under section 156E(2) did not succeed. 2: The appeal does not operate as a stay of the compliance notice. 3: The person may apply to the court for a stay of the compliance notice pending the court's decision on the appeal. 4: The court must consider the application for a stay as soon as practicable after the application for it is lodged. 5: The court must consider— a: whether to hear— i: the person: ii: the Director-General; and b: the likely effect on animal welfare of granting a stay; and c: whether it is unreasonable for the person to comply with the compliance notice pending the decision on the appeal; and d: any other matters that the court thinks fit. 6: The court may grant or refuse a stay and may impose any terms or conditions that the court thinks fit. 7: The stay has legal effect once a copy of it is served on the Director-General. 8: The stay remains in force until the District Court orders it lifted. 9: The rules of procedure under the District Courts Act 1947 apply to the making of an appeal and an application for a stay. 10: The District Court may confirm, change, or cancel the compliance notice appealed against. 1993 No 95 s 154E 156G: Appeal to High Court, Court of Appeal, or Supreme Court 1: A party to an appeal under section 156F may appeal to the High Court on a question of law. 2: The High Court Rules and sections 74 to 78 of the District Courts Act 1947 apply to an appeal under subsection (1) a: as if it were an appeal under section 72 of the District Courts Act 1947; and b: with all necessary modifications. 3: A party to an appeal under subsection (1) 4: The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had. 1993 No 95 s 154F 156H: Effect of appeal An appeal under section 156F or 156G has the following effects: a: the Director-General whose compliance notice is appealed against must not cancel the notice while the notice is the subject of an appeal or while the time for the person's appeal rights is running; and b: the person who appeals must comply with the notice if compliance is required as the result of the person exercising the person's appeal rights. 1993 No 95 s 154G 156I: Penalties for non-compliance with compliance notice 1: A person commits an offence who, without reasonable excuse, fails to comply with any requirement made or prohibition imposed under section 156A. 2: A person who commits an offence against this section is liable on conviction,— a: in the case of an individual, to a fine not exceeding $5,000; or b: in the case of a body corporate, to a fine not exceeding $25,000. 56: Section 156I amended (Penalties for non-compliance with compliance notice) After section 156I(2) 3: An offence against this section is also an infringement offence. 57: Section 157 amended (Offenders to give name and address) Replace section 157(4) 4: A person commits an offence who, without reasonable excuse,— a: fails to comply with a request made under subsection (1) or (2); or b: gives to an inspector, in response to a request made under subsection (1) or (2), particulars that are false in a material respect. 5: A person who commits an offence against subsection (4) 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. 58: Section 161 amended (Infringement offences) In section 161 2: Despite section 21(1) of the Summary Proceedings Act 1957, leave under that provision is not required in order to file a charging document in respect of an infringement offence under this Act. 59: Section 162 amended (Infringement notices) Replace section 162(4)(b) b: the amount of the infringement fee (being an amount not exceeding $1,000 prescribed by regulations made under this Act); and 60: Section 169 replaced (Court may disqualify person from owning or exercising authority in respect of animals) Replace section 169 169: Court may disqualify person from owning or exercising authority in respect of animals 1: This section applies if a person is convicted of an offence against— a: any section in Part 1 or 2; or b: section 152(1); or c: section 169B(1). 2: This section also applies if a person is charged with an offence against any enactment specified in subsection (1) 3: If this section applies in relation to a person, the court may (in addition to or in substitution for any other penalty or order) make an order disqualifying that person for any period that it thinks fit from being the owner of, or exercising authority over, or being the person in charge of,— a: an animal or animals of a particular kind or description; or b: animals generally. 4: In considering whether to make an order under subsection (3) a: the purposes of Parts 1 and 2; and b: the maximum penalty specified for the charge from which the conviction arose; and c: the seriousness of the offending, including (without limitation) the nature and gravity of the harm, the number of animals involved, and the frequency of the offending; and d: the character of the person; and e: the previous offending history (if any) of the person; and f: any other circumstances of the case. 5: In making an order under subsection (3) 61: Section 169A amended (Disqualified person may apply to court for removal or variation of disqualification) Replace section 169A(4) 4: In deciding an application under this section, the court may have regard to— a: the matters specified in section 169(4) b: the applicant's conduct since the disqualification order was made. 62: Section 169B amended (Offence of contravening disqualification order) Replace section 169B(1) 1: A person commits an offence if the person contravenes a disqualification order made under section 169(3) 63: Section 172 amended (Power of court to order that certain animals be forfeited to the Crown or approved organisation) Replace section 172(2) 2: If a court finds that a person is unfit to stand trial for an offence against this Act in respect of an animal or animals, the court may make any order provided for in subsection (1) as if it had convicted the person of the offence. 3: If an animal is forfeited to the Crown or an approved organisation under this section,— a: in the case of a person found unfit to stand trial, the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals), and the Ministry or approved organisation, as the case may be, must pay the proceeds of sale to the owner as soon as practicable: b: in any other case, the animal may be sold or otherwise disposed of as the Minister or the approved organisation, as the case may be, thinks fit. 64: Sections 175 to 178 and cross-heading above section 175 repealed Repeal sections 175 to 178 65: Section 182 amended (Criteria in relation to recovery of costs) In section 182 section 183(e) section 183(1)(e) 66: Section 183 amended (Regulations) 1: After section 183(1)(c)(iii) iiia: the killing of animals that were bred, but not used, for the purposes of research, testing, and teaching: 2: After section 183(1)(d) da: declaring any substance, mixture of substances, or thing to be, or not to be, a cosmetic for the purpose of the definition of cosmetic in section 2(1): 3: Replace section 183(1)(h) h: prescribing the offences created by or under this Act that constitute infringement offences for the purposes of this Act, and prescribing infringement fees not exceeding $1,000 for each infringement offence, which may be different fees for different offences (including different fees for a first or second or third offence): 67: New sections 183A to 183C inserted After section 183 183A: Regulations relating to standards of care 1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for all or any of the following purposes: a: prescribing standards or requirements for the purposes of giving effect to Parts 1 and 2 (other than sections 30A to 30E i: animal welfare standards or requirements relating to the care of animals by owners or persons in charge of animals: ii: animal welfare standards or requirements relating to the conduct of those persons towards animals owned by them or in their charge: iii: the prohibition of specified things or activities: b: establishing any minimum standard that could be established under Part 5, or amending, revoking, or replacing any minimum standard or any part of a minimum standard established under Part 5. 2: Without limiting the generality of subsection (1) a: the obligations of section 10 or 11; or b: the obligations that a person would need to observe in the treatment, transport, or killing of animals if that person were to avoid committing an offence against section 12(c), 21(b) 3: The Minister must not recommend the making of regulations in reliance on subsection (2) unless he or she is satisfied that either or both of the following apply: a: any adverse effects of a change from current practices to new practices have been considered and there are no feasible or practical alternatives currently available: b: not to do so would result in an unreasonable impact on a particular industry sector within New Zealand, a sector of the public, or New Zealand’s wider economy. 4: In deciding whether any impact is unreasonable under subsection (3)(b) 5: Any regulations made in reliance on subsection (2) subsection (3) specified period a: is reasonably necessary to enable a transition from current practice to a practice that fully meets the obligations specified in subsection (2)(a) and (b) b: does not exceed 10 years (which period may, however, be extended once under subsection (6) 6: The specified period may be extended once only by up to 5 years by regulations made under this subsection on the recommendation of the Minister if he or she is satisfied that the majority of participants in the sector concerned— a: have made significant progress towards implementing compliant practice; and b: cannot reasonably be expected to become compliant before the close of the specified period, taking into account the steps that still need to be completed for implementation of compliant practice; and c: will become compliant within the extended period. 7: Despite subsections (3) to (6) subsection (2)(a) and (b) subsection (2) 8: In reaching a decision not to recommend the making of regulations in reliance on subsection (2), the Minister may consider any factors that the Minister thinks would make such regulations contrary to New Zealand's overall interests (including, without limitation, health, social, economic, international, or environmental interests). 9: Nothing in this section obliges the Minister to recommend the making of regulations in reliance on subsection (2). 10: The Minister must consult the National Animal Welfare Advisory Committee before recommending the making of any regulations under this section (other than regulations already proposed by the Committee), but nothing in sections 71 to 75 applies in relation to the making of regulations under subsection (1)(b). 11: If a person does or omits to do anything in reliance on regulations made under subsection (2) that would otherwise be a contravention of, or failure to comply with, any provision of Part 1 or 2, the person has a defence to a prosecution for an offence under this Act in respect of the act or omission if the court is satisfied that the act or omission was authorised by the regulations. 183B: Regulations relating to surgical and painful procedures 1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for all or any of the following purposes: a: prohibiting specified surgical procedures or painful procedures from being performed on animals: b: prescribing requirements in relation to the performance of specified surgical or painful procedures on animals, including (without limitation) regulations that prescribe— i: the classes of persons who may carry out a specified procedure: ii: any skills, qualifications, approval, or experience that must be held by a person before he or she is authorised to carry out specified procedures: iii: the types of pain relief or medication to be used for specified procedures: iv: the forms of restraint and equipment to be used for specified procedures: v: the procedures that may be performed only if in the best interests of the animal: vi: any other standards or restrictions necessary to ensure the welfare of animals during the procedures: c: declaring that any specified surgical procedure is not a significant surgical procedure for the purposes of this Act. 2: Before recommending the making of regulations under this section, the Minister must have regard to— a: whether the procedure has the potential to— i: cause significant pain or distress; or ii: cause serious or lasting harm, or loss of function, if not carried out by a veterinarian in accordance with recognised professional standards; and b: the nature of the procedure, including whether this involves— i: a surgical or operative procedure below the surface of the skin, mucous membranes, or teeth or below the gingival margin; or ii: physical interference with sensitive soft tissue or bone structure; or iii: significant loss of tissue or loss of significant tissue; and c: the purpose of the procedure; and d: the extent (if any) to which the procedure is established in New Zealand; and e: good practice in relation to the use of the procedure for animal management purposes or in relation to the production of animal products or commercial products; and f: the likelihood of the procedure being managed adequately by codes of welfare or other instruments under this Act; and g: any other matter the Minister considers relevant. 3: The Minister must consult the National Animal Welfare Advisory Committee before recommending the making of regulations under this section (other than regulations proposed by the Committee). 4: In the absence of evidence to the contrary, a particular procedure is presumed to be a surgical procedure or a painful procedure if regulations are made in respect of the procedure under this section. 183C: Regulations relating to exporting animals 1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations prescribing requirements and other matters relating to the exportation of animals, including (without limitation) requirements or matters relating to— a: the species, age, number, and fitness of animals: b: the duration and date of journeys: c: the transport vehicles and associated facilities (such as loading and unloading equipment): d: the purpose of the exportation: e: pre-conditions required to be satisfied before travel: f: the people accompanying the animals: g: pre-loading facilities: h: reporting and independent monitoring. 2: Any regulations made under subsection (1) 3: Any regulations imposing any conditional prohibition on a specified type of exportation of animals may— a: require that the prior approval of the Director-General be obtained before exportation: b: authorise him or her to impose conditions on any exportation: c: set out criteria applying to the granting of approval and describe the types of conditions that may be imposed. 68: Section 184 amended (Consultation) 1: Replace section 184(1) and (2) 1: The Minister must consult, to the extent that is reasonably practicable, having regard to the circumstances of the particular case, the persons the Minister has reason to believe are representative of interests likely to be substantially affected by a proposed Order in Council or proposed regulations before deciding whether to recommend— a: the making of an Order in Council under— i: section 2(1) (in relation to the definitions of animal device trap ii: section 6; or iii: section 16(1) or (2); or iv: section 32(1) or (6); or v: section 200(4); or vi: section 202(5); or b: the making of regulations under— i: section 183(1)(b), (d), or (e); or ii: section 183A iii: section 183B iv: section 183C 2: Subsection (1) a: the Minister considers it desirable in the public interest that the Order in Council or regulations be made urgently; or b: in the case of regulations recommended by the National Animal Welfare Advisory Committee under section 74(2)(d) i: the Committee has consulted on the subject matter of the proposed regulations under section 71(1); and ii: the Minister has not yet issued the relevant draft code of welfare. 2: Repeal section 184(1)(a)(ii) and (iii) 69: Section 191 repealed (Deemed codes of welfare) Repeal section 191 70: Schedule 1 amended In Schedule 1, clause 6 all the members of an advisory committee who are for the time being in New Zealand at least 6 members 71: Schedule 4 replaced Replace Schedule 4 Schedule 4 Schedule 2: Amendment to related Customs enactment 72: Amendment to Customs Export Prohibition (Livestock for Slaughter) Order 2010 1: This section amends the Customs Export Prohibition (Livestock for Slaughter) Order 2010 2: After clause 2 2A: Revocation Despite section 56(5)(b) of the Customs and Excise Act 1996, this order is revoked on the commencement of the first regulations that relate to the export of live animals for slaughter and are made under section 183C 2015-05-10 Customs Export Prohibition (Livestock for Slaughter) Order 2010

DLM4769537

2015

Parole Amendment Act 2015

1: Title This Act is the Parole Amendment Act 2015 2: Commencement This Act comes into force 6 months after the date on which it receives the Royal assent. 3: Principal Act amended This Act amends the Parole Act 2002 2015-09-02 Parole Act 2002 1: Amendments to Part 1 of Parole Act 2002 4: Section 4 amended (Interpretation) In section 4(1) relevant activity section 21A . 5: Section 13A amended (Procedure of Board during epidemic) Replace section 13A(3) and (4) 3: If the notice applies to only stated parts of New Zealand, subsections (1) and (2) apply within those parts only. 6: Section 14 amended (Standard release conditions) Insert after section 14(3) 4: For the purposes of any provision of this Act relating to the imposition of standard release conditions, those conditions must be treated as if they were imposed by the Board. 7: Section 15 amended (Special conditions) Replace section 15(1) 1: The Board may (subject to subsections (2) and (4)) impose any 1 or more special conditions on an offender. 8: Section 18 amended (Conditions applying to release at statutory release date) Replace section 18(2) 2: If an offender is released under section 17 a: the offender is subject to the standard release conditions for a period of 6 months from the offender's statutory release date; and b: the Board may impose any special conditions for a period of up to 6 months from the offender's statutory release date. 9: Section 19 amended (Special provision for offenders sentenced to short-term sentences while on parole) 1: Replace section 19(4)(a) a: the offender is released on parole and the Board may— i: specify a period for which the standard conditions are in force; and ii: impose special conditions under section 29AA . 2: In section 19(5) imposed release conditions as required by subsection (4)(a) made a determination required under subsection (4)(a) 10: Section 21 amended (Consideration for parole of offenders detained in prison) In section 21(2) every 12 months every 2 years 11: New section 21A inserted (Board must specify date by which offender must be further considered for parole) After section 21 21A: Board must specify date by which offender must be further considered for parole When the Board declines to release an offender on parole, the Board in its decision— a: must specify a date (the specified date b: where the date specified in paragraph (a) c: may specify that the next parole hearing may be brought forward if the manager of the prison in which the offender is detained considers that all of the relevant activities have been completed earlier than the specified date; and d: may give notice to the offender that the Board may consider making a postponement order at the next parole hearing. 12: Section 26 amended (Other times when Board may consider offenders for parole) Replace section 26(2) 2: An offender may apply to the Board at any time for consideration for parole and the chairperson or a panel convenor may refer an offender for consideration for parole under subsection (1). 3: If the manager of the prison in which the offender is detained considers that all of the relevant activities specified under section 21A(b) section 21A(a) a: the manager must notify the Board as soon as practicable; and b: the chairperson or a panel convenor may refer the offender for consideration for parole under subsection (1). 13: Section 27 replaced (Postponement of consideration for parole) Replace section 27 27: Board may make postponement order 1: The Board may make an order postponing consideration of an offender for parole if— a: the offender is serving— i: an indeterminate sentence; or ii: a determinate sentence of 10 years or more; and b: the Board is satisfied that, in the absence of a significant change in the offender's circumstances, the offender will not be suitable for release for the duration of the postponement order. 2: The postponement order must specify a date (the specified date 3: The specified date must be within 5 years of the offender's most recent parole hearing. 4: In making a postponement order, the Board may specify the relevant activities (if any) that the Board expects will be completed by the specified date. 5: If the manager of the prison in which the offender is detained considers that all of the relevant activities specified under subsection (4) a: the manager must notify the Board as soon as practicable; and b: the chairperson or a panel convenor may refer the offender for consideration for parole at a date earlier than the specified date. 6: An offender subject to a postponement order may at any time apply to the Board requesting consideration for parole on the grounds that there has been a significant change in his or her circumstances. 27A: Procedure for making postponement order 1: The Board may make a postponement order if the Board— a: has given the offender notice that complies with subsection (3) b: has given the offender an opportunity to make written submissions to the Board about whether the postponement order should be made; and c: at a hearing, has given the offender (in person or through counsel) an opportunity to make oral submissions. 2: For the purposes of subsection (1)(c) a: a parole hearing, at which the Board also considers the offender for parole; or b: a special hearing convened for the purpose of considering whether to make a postponement order. 3: Notice by the Board of its intention to consider making a postponement order— a: must be in writing; and b: must be given to the offender at least 14 days before the hearing referred to in subsection (1)(c) c: may be given to the offender in the Board's decision from a prior parole hearing. 14: Section 27A renumbered Section 27A Section 27B 15: Section 29 replaced (Release conditions applying to parole) Replace section 29 29: Standard release conditions 1: The standard release conditions apply to every offender who is released on parole. 2: In the case of an offender who is subject to 1 or more determinate sentences, the Board may specify a period for which the standard release conditions are in force. 3: However, the period specified under subsection (2) 4: The standard release conditions that apply under subsection (1) a: in the case of an offender who is subject to 1 or more determinate sentences,— i: if the Board specifies a period under subsection (2) ii: if the Board imposes any special conditions on the offender under section 29AA(1) iii: if the Board does not specify a period, and does not impose any special conditions, for 6 months: b: in the case of an offender who is subject to an indeterminate sentence, for the rest of the offender's life, unless the release conditions are varied or discharged by the Board under section 58. 29AA: Special release conditions 1: In releasing an offender on parole, the Board may impose any special conditions on that offender that the Board specifies. 2: Special conditions imposed under subsection (1) 3: However, special conditions imposed on an offender who is subject to 1 or more determinate sentences may not be in force for a longer period than the offender's standard release conditions are in force. 4: Despite section 29(1) 16: Section 29B amended (Board may monitor compliance with conditions) Replace section 29B(4)(b) b: is conducted in accordance with any directions given by the Board; and . 17: Section 43 amended (Start of process) 1: Replace the heading to section 43 Preparation for hearings 2: Replace section 43(5) 5: Any person notified under subsection (2) may write to the Board, by a given date, making submissions on, or giving information relevant to, the substantive matter to be decided. 18: Sections 45 to 48 repealed Repeal sections 45 to 48 19: Section 49 amended (Attended hearing) 1: Replace the heading to section 49 Hearings 2: In section 49(1) An attended hearing A hearing 3: Replace section 49(2)(a) a: to determine who may attend: . 20: New sections 49A and 49B inserted After section 49 49A: Adjournment to obtain further information 1: This section applies if the Board adjourns a hearing to obtain further information before making its decision. 2: The Board may conduct the remainder of the hearing (including making its decision) without the offender attending, but the offender is entitled to attend and make oral submissions. 49B: Hearing to impose release conditions 1: This section applies if the Board conducts a hearing solely to impose special release conditions on an offender under section 18 or 19 2: The Board may conduct the hearing without the Board hearing from any person orally unless— a: the offender has asked to attend and make oral submissions; or b: the Board wishes to hear from any other person. 21: Section 50 amended (Decisions must be notified) Replace section 50(1)(c) c: if the Board has declined to direct the release of the offender on parole,— i: the date by which the offender must be further considered for parole; and ii: the relevant activities (if any) specified under section 21A(b) iii: notice that the hearing may be brought forward if all of the relevant activities have been completed earlier than expected; and d: if the Board has made a postponement order,— i: the date by which the offender must further be considered for parole; and ii: the relevant activities (if any) specified under section 27(4) iii: notice that the hearing may be brought forward if all of the relevant activities have been completed earlier than expected. 22: Section 50A amended (Submissions from, and interviews with, certain victims) 1: Replace section 50A(2) 2: To avoid doubt, the person— a: may, by writing to the Board, make submissions on, or give information relevant to, the substantive matter to be decided at a hearing referred to in section 42; and b: may, with the leave of the Board, attend and make oral submissions to the Board, in accordance with section 49(4). 2: In section 50A(3) or (c) 23: Section 50B amended (Decisions to be notified to certain victims) 1: Delete section 50B(1)(b) 2: In section 50B(1)(c) 50A(2)(c) 50A(2)(b) 24: Section 60(5)(b) amended (Making recall application) In section 60(5)(b) is made but the Board does not make a final recall order 25: Section 67 amended (Review of decisions) Replace section 67(2) 2: No review under this section may be sought of— a: a decision under section 13AB b: a decision under section 13AE c: a decision under section 21A(b) 27(4) d: a review under section 107(6) i: an order made under that section; or ii: an order made under section 105 section 97(8) 2: Amendments to Part 2 of Parole Act 2002 26: Section 114 amended (Panel convenors) Repeal section 114(3)(a) 27: New section 118E and cross heading inserted After section 118D Attendance at hearings 118E: Attendance at hearings 1: For the purpose of any hearing of the Board, a person (including a member of the Board, the offender, and counsel representing the offender) attends the hearing if he or she is present at the hearing, whether in person or by way of remote access, such as by telephone, video, or Internet link. 2: A person may only attend a hearing by remote access if the Board agrees.

DLM6404300

2015

Ngāti Manuhiri Claims Settlement Amendment Act 2015

1: Title This Act is the Ngāti Manuhiri Claims Settlement Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3: Principal Act This Act amends the Ngāti Manuhiri Claims Settlement Act 2012 principal Act 2015-03-26 Ngāti Manuhiri Claims Settlement Act 2012 4: Section 112 amended (Meaning of RFR land) In section 112(1)(a)(ii) or a Crown body

DLM6601800

2015

New Zealand Flag Referendums Amendment Act 2015

1: Title This Act is the New Zealand Flag Referendums Amendment Act 2015. 2: Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 1: Amendments to New Zealand Flag Referendums Act 2015 3: Principal Act This Part amends the New Zealand Flag Referendums Act 2015 principal Act 2015-09-25 New Zealand Flag Referendums Act 2015 4: Section 5 amended (Interpretation) In section 5 option 4 alternative flag designs 5 alternative flag designs 5: Section 13 amended (Alternative flag designs) 1: In section 13(1) 60 days before the commencement of the voting period for the first flag referendum, prescribe 4 alternative flag designs 40 days before the commencement of the voting period for the first flag referendum, prescribe 5 alternative flag designs 2: In section 13(3) 4 alternative flag designs 5 alternative flag designs 6: Schedule 1 replaced Replace Schedule 1 Schedule 7: Schedule 4 amended 1: In Schedule 4, replace clauses 12 13 Example 1: not unique 12: A voting paper that expresses these preferences— Option A 1 Option B 2 Option C 3 Option D 2 Not unique Option E 4 generates the following preferences for the purposes of counting votes: First preference Option A Second preference None Third preference None Fourth preference None Fifth preference None Example 2: not consecutive 13: A voting paper that expresses these preferences— Option A 1 Option B 4 Not consecutive Option C 5 Option D 2 Option E 6 generates the following preferences for the purposes of counting votes: First preference Option A Second preference Option D Third preference None Fourth preference None Fifth preference None 2: In Schedule 4, clause 16 x = 9 x = 10 2: Amendments to New Zealand Flag Referendums (First Flag Referendum) Order 2015 8: Principal order This Part amends the New Zealand Flag Referendums (First Flag Referendum) Order 2015 principal order 2015-09-25 New Zealand Flag Referendums (First Flag Referendum) Order 2015 9: Clause 5 revoked Revoke clause 5 10: Schedule revoked Revoke the Schedule

DLM4998102

2015

Construction Contracts Amendment Act 2015

1: Title This Act is the Construction Contracts Amendment Act 2015. 2: Commencement 1: Sections 6 11 2: Sections 4(3) 18 3: The rest of this Act comes into force on 1 December 2015. 3: Principal Act This Act amends the Construction Contracts Act 2002 principal Act 2016-09-01 Construction Contracts Act 2002 Sections 6 and 11 only (see s 2(1)) 2017-03-31 Construction Contracts Act 2002 Sections 4(3) and 18 only (see s 2(2)) 2015-12-01 Construction Contracts Act 2002 Rest of the Act (see s 2(3)) 1: Amendments to preliminary provisions 4: Section 4 amended (Overview) 1: In section 4(c) and (e) progress 2: Replace section 4(d) d: default provisions relating to payments are set out in sections 15 to 18: 3: After section 4(d) da: provisions relating to retentions are set out in sections 18A to 18I 4: Replace section 4(f) to (h) f: provisions granting a party to a construction contract who is owed money a statutory right to suspend work until payment is made are set out in section 24A g: provisions relating to the adjudication of disputes are set out in sections 25 to 71: h: provisions enabling an adjudicator's determination to be reviewed or enforced are set out in sections 71A to 78: 5: Section 5 amended (Interpretation) 1: In section 5 residential construction contract 2: In section 5 construction contract a: means a contract for carrying out construction work; and 3: In section 5 construction site construction site a: the land on which the claimant has been carrying out construction work under the relevant construction contract: b: in relation to related services, the land or premises that are the subject of the contract 4: In section 5 defendant defendant a: against whom an adjudication determination is made; and b: against whom enforcement of the determination is sought 5: In section 5 plaintiff progress payment plaintiff a: in whose favour an adjudication determination is made; and b: who seeks enforcement of the determination progress payment a: means a payment for construction work carried out under a construction contract that is in the nature of an instalment (whether or not of equal value) of the contract price for the contract; and b: includes any final payment under the contract; but c: does not include an amount that is, or is in the nature of, a deposit under the contract 6: In section 5 working day c: for the purposes of sections 18, 22, 24A, 33, 35 to 37A, 46, 47, 59, and 66, a day in the period commencing on 24 December in any year and ending with the close of 5 January in the following year; and 7: In section 5 working day 53 71B 8: In section 5 chief executive premises related services section 6(1A) 6: Section 6 amended (Meaning of construction work) After section 6(1) 1A: Construction work a: design or engineering work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (d) and (f): b: quantity surveying work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (g). 7: Section 9 amended (When Act applies: general) In section 9 10 and 11 11 and 11A 8: Section 10 repealed (When Act applies: residential construction contracts) Repeal section 10 9: Section 11 amended (When Act does not apply) 1: In section 11(b)(ii)(C) contract ; or 2: After section 11(b)(ii) iii: provisions under which a party undertakes to carry out construction work as a condition of an agreement for the sale and purchase of second-hand chattels, fixtures, or fittings; or iv: provisions under which a party undertakes to carry out services— A: that are for the operation or management of any building or structure or any other part of any land; and B: that are not, and do not relate to, construction work. 10: New section 11A inserted (Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015) After section 11 11A: Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015 The amendments made to this Act on 1 December 2015 by the Construction Contracts Amendment Act 2015 do not apply to a construction contract that was entered into before 1 December 2015, unless— a: the contract is renewed for a further term on or after 1 December 2015; or b: the parties agree that the amendments will apply. 11: Section 11A amended (Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015) In section 11A 2: Section 6(1A) a: the contract is renewed for a further term on or after 1 September 2016 (in which case that section applies only in relation to those obligations that are incurred or undertaken on or after 1 September 2016); or b: the parties agree that section 6(1A) 2: Amendments to principal provisions Payments 12: Section 13 amended (Conditional payment provisions ineffective) 1: In section 13(1)(b) progress 2: In section 13(2) conditional payment provision of a construction contract ca: that is of a kind described in section 18I(1)(a); or 13: Subpart 2 heading in Part 2 replaced In Part 2, replace the subpart 2 2: Payment provisions 14: Cross-heading above section 14 amended In the cross-heading above section 14 progress 15: Section 14 amended (Parties free to agree on progress payment provisions in construction contract) 1: In the heading to section 14 progress 2: In section 14(a) progress 3: In section 14 2: To avoid doubt, the parties to a construction contract may expressly agree to a single payment under subsection (1)(a). 16: Cross-heading above section 15 amended In the cross-heading above section 15 progress 17: Section 18 amended (Due date for payment) In section 18 progress payment payment (as that term is defined in section 19) 18: New subpart 2A of Part 2 inserted After section 18 2A: Retention money 18A: Interpretation In this subpart, unless the context otherwise requires, retention money party A party B 18B: Application of this subpart 1: This subpart applies to commercial construction contracts where the amount of retention money is more than the de minimis amount. 2: Regulations may prescribe the de minimis amount for the purpose of subsection (1). 18C: Trust over retention money 1: All retention money must be held on trust by party A, as trustee, for the benefit of party B. 2: Retention money may be held in the form of cash or other liquid assets that are readily converted into cash. 3: A trust over retention money ends when— a: the money is paid to party B; or b: party B, in writing, agrees to give up any claim to the money; or c: the money ceases to be payable to party B under the contract or otherwise by operation of law. 18D: Accounting 1: Party A must keep proper accounting records of all retention money held that— a: correctly record all dealings and transactions in relation to the money; and b: comply with generally accepted accounting principles; and c: are readily and properly auditable. 2: Party A must make accounting records of retention money available for inspection by party B at all reasonable times and without charge. 3: Regulations may further prescribe methods of accounting for retention money. 18E: Use of retention money 1: Party A must not appropriate any retention money to a use other than to remedy defects in the performance of party B’s obligations under the contract. 2: Retention money held in trust by party A— a: does not need to be paid into a separate trust account; and b: may be commingled with other moneys. 18F: Investment of retention money 1: Retention money may be invested by party A in accordance with the Trustee Act 1956 in relation to investment of trust funds. 2: If, upon the realisation of any investment, the amount received is— a: less than the amount invested, party A must make up the difference between the amount invested and the amount realised: b: more than the amount invested, party A may retain the benefit of the amount that exceeds the amount invested. 3: Party A may retain the benefit of any interest earned on retention money on or before the date on which it is payable under the contract. 18G: Interest on late payment 1: Interest on retention money is payable to party B from the date on which it is payable under the contract until the date on which it is paid. 2: The interest referred to in subsection (1) is payable— a: at the rate agreed under the contract; or b: if the parties have not agreed a rate under the contract, at the rate or rates prescribed in regulations. 18H: Protection of retention money Retention money— a: is not available for the payment of debts of any creditor of party A (other than party B): b: is not liable to be attached or taken in execution under the order or process of any court at the instance of any creditor of party A (other than party B). 2006 No 1 s 113(1) 18I: Prohibited provisions 1: Any term in a construction contract is void that purports to— a: make the payment of retention money conditional on anything other than the performance of party B’s obligations under the contract; or b: make the date on which payment of retention money is payable later than the date on which party B has performed all of its obligations under the contract to the standard agreed under the contract; or c: require party B to pay any fees or costs for administering a trust under this subpart. 2: Any provision in a construction contract is void if the purpose, or one of the purposes, of the provision is to avoid the application of any of the provisions of this subpart. 19: Section 19 amended (Interpretation) 1: In section 19 claimed amount claimed amount 2: In section 19 payee progress 3: In section 19 payer payment a: a progress payment for construction work carried out under a construction contract; or b: another type of payment under a construction contract to which a party who has agreed to carry out construction work under the contract is entitled for, or in relation to, construction work carried out by that party under the contract 4: In section 19 scheduled amount progress a 20: Section 20 amended (Payment claims) 1: In section 20(1) each progress a 2: Replace section 20(1)(b) b: if the contract does not provide for the matter in the case of a progress payment, at the end of the relevant period referred to in section 17(2); or c: if the contract does not provide for the matter in the case of a single payment expressly agreed under section 14(1)(a) 3: In section 20(2)(b) and (c) progress 4: In section 20(2)(d) indicate state 5: In section 20(3) If a payment claim is served on a residential occupier, it A payment claim 21: Section 21 amended (Payment schedules) In section 21(2)(c) indicate state 22: Section 22 amended (Liability for paying claimed amount) In section 22 progress 23: Section 23 amended (Consequences of not paying claimed amount where no payment schedule provided) In section 23(1)(b) progress 24: Section 24 amended (Consequences of not paying scheduled amount in manner indicated by payment schedule) In section 24(1)(d) progress 25: New subpart 4 of Part 2 inserted After section 24 4: Suspension of work 24A: Suspension of construction work 1: A party who carries out construction work under a construction contract ( party A a: any of the following circumstances applies: i: a claimed amount is not paid in full by the due date for its payment, and no payment schedule has been provided by the party who it is claimed is liable for the payment ( party B ii: a scheduled amount is not paid in full by the due date for its payment even though a payment schedule given by party B indicates a scheduled amount that party B proposes to pay to party A: iii: party B has not complied with an adjudicator's determination that party B must pay an amount to party A by a particular date; and b: party A has served on party B a notice under section 23(2)(b), 24(2)(b), or 59(2)(b), as the case may be; and c: the amount mentioned in paragraph (a)(i) or (ii) is not paid, or the determination mentioned in paragraph (a)(iii) is not complied with, within 5 working days after the date of that notice. 2: If party A exercises the right conferred by subsection (1), party A— a: is not in breach of the construction contract; and b: is not liable for any loss or damage suffered by party B, or by any person claiming through party B; and c: is entitled to an extension of time to complete the contract, but is not entitled solely by reason of this Act to recover any costs incurred as a consequence of the extension of time; and d: keeps party A's rights under the contract, including any right to terminate the contract; and e: may at any time lift the suspension, even if the amount has not been paid or the determination has not been complied with. 3: To avoid doubt, subsection (2)(c) does not affect party A's rights to recover (whether in an adjudication or otherwise) any costs incurred as a consequence of the extension of time that exist other than solely by reason of this Act, nor does it add anything to those rights. 4: If party A exercises the right conferred by subsection (1), the exercise of that right does not— a: affect any rights that would otherwise have been available to party A under the Contractual Remedies Act 1979; or b: enable party B to exercise any rights that may otherwise have been available to party B under that Act as a direct consequence of party A exercising the right conferred by subsection (1). 5: The right to suspend work under a construction contract ceases when party B pays the amount in full or complies with the adjudicator's determination. 2002 No 46 s 72 Adjudication of disputes 26: Section 25 amended (Right to refer disputes to adjudication) Replace section 25(2) 2: An example of a dispute is a disagreement between the parties to a construction contract about— a: whether an amount is payable under the contract (for example, a progress payment) or the reasons given for non-payment of that amount; or b: whether there has been a breach of a term of the contract (including a term implied into the contract under the Building Act 2004 or any other enactment). 27: Section 26 amended (Relationship between Part and other dispute resolution procedures) In section 26(3) However, an An 28: Section 27 amended (Effect of Part on civil proceedings) In section 27(1) and section 61(2) 29: Section 28 amended (How to initiate adjudication) After section 28(2) 3: A notice of adjudication must also set out prominently, in the prescribed form (if any),— a: a statement of the respondent's rights and obligations in the adjudication; and b: a brief explanation of the adjudication process. 30: Section 31 replaced (When claimant may not seek approval for issue of charging order) Replace section 31 31: When claimant may not seek approval for issue of charging order 1: A claimant may not seek any of the matters referred to in section 29 or 30 against an owner who is— a: an individual who is occupying, or intends to occupy, wholly or mainly as a dwellinghouse, the premises that are the subject of a construction contract: b: a trustee of a family trust, where the premises that are the subject of a construction contract are— i: owned by the trust; and ii: occupied, or intended to be occupied, wholly or mainly as a dwellinghouse, by any beneficiary of the trust. 2: In this section, family trust 31A: Compliance with requirements of Act relating to supply of certain information 1: No notice of adjudication is invalid for any failure to comply strictly with the requirements of section 28(2)(a) to (d) and (g) as long as— a: the notice is in writing; and b: the nature of the dispute and the names of the parties involved are stated in the notice; and c: any non-compliance does not mislead or unjustly affect the interests of the recipient. 2: If a notice of adjudication fails, in accordance with section 28(2)(e) or (f), to state whether a charging order is being sought, approval for the issue of a charging order may not be given. 3: A notice of adjudication that fails to comply with section 28(3) a: this Part applies as if no notice of adjudication had been served; and b: the claimant may serve on the respondent a new notice of adjudication that complies with section 28(3) 4: If a party to an adjudication wishes to provide another party or the adjudicator with copies of, or extracts from, the construction contract but is for any reason unable to do so (for example, in a case where the contract is oral), that party may provide the missing information in the form of a statutory declaration together with any supporting documents that are available. 2002 No 46 s 64 31: Section 32 amended (Owner who is not respondent is party to adjudication proceedings) In section 32(2)(a) 37, 37A, 32: Section 33 amended (Selection of adjudicator) Replace section 33(2)(b) b: for the purposes of subsection (1)(c), 5 working days after the notice of adjudication has been served or any further period that the parties may agree; and c: for the purposes of subsection (1)(d), 2 to 5 working days after the notice of adjudication has been served or any further period that the parties may agree. 33: Section 35 amended (Appointment of adjudicator) 1: In section 35(2) notice of acceptance (a notice of acceptance 2: Repeal section 35(4) and (5) 3: In section 35(6) that confirms the person meets the eligibility criteria for adjudicators under section 34 that complies with section 35A 34: New section 35A inserted (Notice of acceptance) After section 35 35A: Notice of acceptance 1: A notice of acceptance must be in the form (if any) prescribed in regulations made under this Act. 2: A notice of acceptance that fails to confirm that the adjudicator meets the eligibility criteria for adjudicators under section 34 has no effect. 35: Section 37 amended (Response to adjudication claim) 1: Replace section 37(1) 1: A respondent may serve a written response to the adjudication claim on the adjudicator— a: within 5 working days after receiving that claim or the adjudicator's notice of acceptance (whichever is the later); or b: within any further time that the parties to the adjudication agree; or c: within any further time that the adjudicator allows. 2: After section 37(3) 4: Subsection (5) applies if, before the end of the period referred to in subsection (1)(a), the respondent requests additional time to serve a written response. 5: For the purpose of subsection (1)(c), an adjudicator— a: must allow the respondent additional time to serve a written response if the adjudicator considers it necessary— i: having regard to the size or complexity of the claim; or ii: because, in the adjudicator's opinion, the claim has been served with undue haste and, as a result, the respondent has had insufficient time to prepare his or her response: b: may allow the respondent additional time to serve a written response if the adjudicator considers that additional time is reasonably required for any reason. 36: New section 37A inserted (Reply to response to adjudication claim) After section 37 37A: Reply to response to adjudication claim 1: A claimant may serve on the adjudicator a written reply to the response under section 37(1) 2: The claimant's written reply must be served within 5 working days after a copy of the response is served on the claimant under section 37(3). 3: The claimant must serve a copy of the reply and any accompanying documents on the respondent and every other party to the adjudication either before or immediately after they are served on the adjudicator. 4: An adjudicator who receives a claimant's written reply under subsection (1) may— a: refuse to consider any new material or issues raised in the reply: b: allow the respondent up to 2 working days to serve a rejoinder to the claimant's reply. 37: New sections 38A and 38B inserted After section 38 38A: Special provisions for adjudication if approval for charging order sought by claimant An adjudication in which the claimant seeks approval for the issue of a charging order in respect of a construction site must be conducted by an adjudicator who— a: is nominated for the purpose by an authorised nominating authority; and b: has the specific additional qualifications, expertise, and experience that may be prescribed for the purposes of this section (if any). 2002 No 46 s 63 38B: Parties may be represented at adjudication proceedings 1: Any party to a dispute that has been referred to adjudication may be represented by the representatives (whether legally qualified or not) that the party considers appropriate. 2: Subsection (1) is subject to the adjudicator's power to direct that the number of representatives present at a conference of the parties is to be limited to allow for the efficient conduct of proceedings. 2002 No 46 s 67 38: Section 45 amended (Adjudicator’s determination: matters to be considered) 1: In section 45(c) 36 and the claimant’s written reply (if any) referred to in section 37A 2: In section 45(d) 37 and the respondent’s rejoinder (if any) referred to in section 37A(4)(b) 39: Section 47 amended (Adjudicator's determination: form) 1: After section 47(1)(b)(i) ia: must be dated; and 2: In section 47(1)(b)(iii) in a case where the adjudicator determines that a party to the adjudication is liable to make a payment, 40: Sections 52 to 55 repealed Repeal sections 52 to 55 41: Section 58 amended (Enforceability of adjudicator's determination) 1: In section 58(2) is not enforceable is enforceable in accordance with section 59A 2: Repeal section 58(3) 42: New section 59A inserted (Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2)) After section 59 59A: Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2) 1: This section applies if a party against whom an adjudication determination is made fails to comply with the adjudicator's determination under section 48(1)(b) or (2) in respect of rights and obligations under the contract. 2: The party in whose favour the determination was made may apply for the determination to be enforced by entry as a judgment in accordance with sections 73 to 78 (but only after such date, if any, specified in the adjudicator's determination for compliance). 43: Section 60 amended (Effect of review or other proceeding on adjudicator's determination under section 48(1)(a)) In section 60 under section 48(1)(a) 44: Section 61 repealed (Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2)) Repeal section 61 45: Sections 62 to 64 and 67 repealed Repeal sections 62 to 64 67 46: Section 71 amended (Application of other enactments to adjudications) 1: In section 71(2)(c) 1993 ; and 2: After section 71(2)(c) d: civil proceedings against a person for the purposes of section 393(2) of the Building Act 2004. Review and enforcement of adjudicator's determination 47: Part 4 heading replaced Replace the Part 4 4: Review and enforcement of adjudicator's determination 48: New subpart 1AA of Part 4 inserted After the Part 4 1AA: Review of adjudicator's determination Review of adjudicator's determination in respect of owner who is not respondent 71A: Owner who is not respondent may apply to District Court for review of adjudicator's determination 1: An owner who is not a respondent may apply to a District Court for a review of— a: an adjudicator's determination that the owner is jointly and severally liable with the respondent to make a payment to the claimant; and b: an adjudicator's approval for the issue of a charging order in respect of the construction site. 2: A District Court has the jurisdiction to hear and determine an application for review under this section despite any limits imposed on District Courts in their ordinary civil jurisdiction by sections 29 to 34 of the District Courts Act 1947. 2002 No 46 s 52 71B: Procedure for seeking review 1: An application for review under section 71A 2: The notice must be filed— a: within 20 working days after the date of the determination to which the application for review relates; or b: within any further time that the District Court may allow on application made before or after the expiration of the period referred to in paragraph (a). 2002 No 46 s 53 71C: Powers of District Court on review 1: For the purpose of hearing the application for review, the District Court— a: must conduct the review as a hearing de novo b: has all the powers, duties, functions, and discretions of the adjudicator in making the determination to which the application for review relates; and c: has all the powers vested in a District Court in its civil jurisdiction. 2: On hearing the application for review, the District Court may— a: quash the determination, and substitute for it any other determination that the adjudicator could have made in respect of the original proceedings; or b: refuse the application. 3: A District Court's determination under subsection (2)(a)— a: has effect as if it were a determination made by an adjudicator for the purposes of this Act; and b: is not a final determination of the dispute between the claimant and respondent to the adjudication under review. 4: Subsection (3)(b) does not prevent any proceedings between the claimant and respondent to the adjudication under review from being heard and determined at the same time as the application for review under this section. 2002 No 46 s 54 71D: Effect of review on adjudicator's determination An application for review under section 71A 2002 No 46 s 55 49: Subpart 1 of Part 4 repealed Repeal subpart 1 50: Section 73 amended (Enforcement of adjudicator's determination) 1: Repeal section 73(1) 2: Replace section 73(2) 2: A plaintiff may apply for an adjudicator's determination to be enforced by entry as a judgment in accordance with this subpart. 3: Replace section 73(5) 5: Despite subsection (2), a plaintiff in whose favour a determination has been made may only apply for that determination to be enforced by entry as a judgment— a: if any conditions imposed by the adjudicator have been met; and b: after the date (if any) specified in the adjudicator's determination for compliance. 51: Section 74 amended (Defendant may oppose entry as judgment) 1: In section 74(1) 15 5 2: After section 74(2)(c) d: that due to a change in circumstances, which was not caused in any part by the defendant, it is not possible to comply with the adjudicator's determination: e: that the date (if any) specified in the adjudicator's determination for compliance has not (yet) passed. 3: After section 74(2) 2A: Subsection (2)(d) applies only if the adjudicator’s determination is a determination under section 48(1)(b) or (2). 52: Section 75 amended (Entry as judgment if defendant takes no steps) In section 75 15 5 3: Amendments to miscellaneous provisions 53: Section 80 amended (Service of notices) In section 80(d) in the prescribed manner (if any) in the manner (if any) prescribed in regulations made under this Act 54: Section 82 amended (Regulations) In section 82 2: Regulations prescribing the form of a notice of acceptance may, for example, require that the notice— a: state that the adjudicator has accepted appointment as adjudicator: b: if the adjudicator has been appointed by a nominating body agreed between the parties, state that the nominating body has appointed the adjudicator because the parties could not or did not agree on an adjudicator: c: if an authorised nominating authority has appointed the adjudicator, state that the authorised nominating authority has appointed the adjudicator because the parties could not or did not agree on an adjudicator: d: confirm that the adjudicator meets the eligibility criteria for adjudicators under section 34: e: set out all of the relevant time frames for the adjudication process: f: identify which time frames have already commenced: g: note which time frames the respondent can ask the adjudicator to extend: h: indicate the likely costs of the adjudication: i: identify alternative options which may be available to the parties to resolve their dispute (other than by continuing the adjudication process). 55: New section 83 inserted (Chief executive may require adjudication information) After section 82 83: Chief executive may require adjudication information 1: The chief executive may, for statistical or research purposes, require adjudicators, nominating authorities, or nominating bodies to provide any information (in their possession or under their control) regarding adjudications, including, for example, the number, nature, or outcome of adjudications initiated under this Act. 2: A person must not disclose information under subsection (1) except— a: with the consent of the relevant party to the dispute and any identifiable person to whom it relates; or b: to the extent that the information is already in the public domain; or c: in statistical or summary form arranged in a manner that prevents any information disclosed from being identified by any person as relating to any particular person; or d: if the information is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify any particular person.